Bersamina o san miguel entered into contracts with

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Unformatted text preview: guel
plant,
working
 as
cargadores
or
pahinantes,
seven
years
of
service.
They
 Lalay
Abala.
ALS2014B.
Labor
II.
 3. report
 for
 work
 to
 the
 superintendent
 in
 charge
 who
 issued
 them
 gate
 passes.
 They
 were
 paid
 on
 a
 piece‐rate
 basis.
 They
 organized
 themselves
 into
 a
 union
 and
 aired
 grievances.
 SMC
 refused
 to
 bargain
 with
 them,
 claiming
 that
they
were
not
its
employees
 o Considering
the
length
of
time
the
petitioners
have
worked,
 it
 may
 be
 concluded
 that
 they
 were
 engaged
 to
 perform
 activities
 necessary
 or
 desirable
 in
 the
 usual
 business
 or
 trade
 of
 SMC
 and
 that
 petitioners
 are
 therefore
 regular
 employees.
Continuity
and
habituality
of
their
work
bolster
 their
claim
of
employee
status.
No
labor­contracting
as
well,
 because
there
is
a
labor­only
contracting
scheme
only.
 Who
are
employees
 • The
term
employee:
 o Shall
include
any
employee
 o And
shall
not
be
limited
to
the
employee
of
any
particular
 employer,
unless
the
Act
explicitly
states
otherwise
 o And
shall
include
any
individual
 Whose
work
has
ceased
as
a
consequence
of,
or
in
 connection
with,
any
current
labor
dispute
 And
 who
 has
 not
 obtained
 any
 substantially
 equivalent
and
regular
employment
 • The
term
employee
is
not
limited
to
those
of
a
particular
employer
 • “The
term
employer
 
one
who
employs
the
services
of
others;
one
for
 whom
 employees
 work
 and
 who
 pays
 their
 wages
 or
 salaries.”
 Angat
 River
Irrigation
System
v.
Angat
River
Worker’s
Union
 • Definitions
under
D.O.
No.
40­03
 o Employee
 –
 any
 person
 working
 for
 an
 employer.
 It
 includes
 one
 whose
 work
 has
 ceased
 in
 connection
 with
 any
 current
 labor
 dispute
 or
 because
 of
 any
 unfair
 labor
 practice
 and
 one
 who
 has
 been
 dismissed
 from
 work
 but
 the
legality
of
the
dismissal
is
being
contested
in
 a
forum
 of
appropriate
jurisdiction
 o Employer
–
any
person
or
entity
who
employs
the
services
 of
 others,
 one
 for
 whom
 employees
 work
 and
 who
 pays
 their
 wages
 or
 salaries.
 It
 includes
 any
 person
 directly
 or
 indirectly
 acting
 in
 the
 interest
 of
 an
 employer.
 It
 shall
 also
 refer
 to
 the
 enterprise
 where
 a
 labor
 organization
 operates
or
seeks
to
operate
 • The
 nature
 of
 a
 labor
 dispute
 does
 not
 require
 that
 the
 disputants
 should
 stand
 in
 the
 proximate
 relation
 of
 employer
 and
 employee,
 with
 consequent
 protection
 of
 concerted
 activities
 carried
 out
 by
 many
persons
belonging
to
several
employers
 “One
Whose
Work
Has
Ceased…”
 • Rothenberg:
participation
of
an
employee
in
a
strike
does
not
remove
 him
from
the
status
of
“employee”
 • Cessation
 of
 work
 due
 to
 strike
 or
 lockout,
 or
 to
 dismissal
 or
 suspension
 constituting
 unfair
 labor
 practices,
 does
 not
 itself
 affect
 the
 “employee”
 status
 
 the
 rights
 and
 benefits
 of
 the
 employee
 are
 2
 4. 5. 6. protected
 as
 though
 there
 had
 been
 no
 interruption
 of
 service,
 effective
upon
actual
return
to
work.
 • Generally,
 upon
 reinstatement
 of
 one
 whose
 dismissal
 constituted
 unfair
labor
practice,
he
is
entitled
to
backwages,
seniority
and
other
 rights,
 in
 order
 to
 make
 whole
 his
 loss
 as
 a
 result
 of
 the
 employer’s
 unlawful
act.
 Labor
organization
as
employer
 • A
labor
organization
may
be
deemed
an
employer
when
it
is
acting
as
 such
in
relation
to
persons
rendering
services
under
hire,
particularly
 in
connection
with
its
activities
for
profit
or
gain.
An
organization
may
 be
ostensibly
a
labor
union,
but
it
may
attain
the
status
of
an
ordinary
 business
concern
in
the
pursuit
of
a
particular
line
of
business.
 Labor
dispute
 • The
test
of
whether
a
labor
controversy
comes
within
the
definition
of
 a
 labor
 dispute
 depends
 on
 whether
 it
 involves
 or
 concerns
 terms,
 conditions
of
employment
or
representation
 • Any
 bona
 fide
 controversy
 concerning
 wage,
 hours
 or
 conditions
 of
 work
or
representation
constitutes
a
labor
di...
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This document was uploaded on 03/11/2014.

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