GMA Vs PABRIGA
GMA Vs PABRIGA
GMA Vs PABRIGA
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* FIRST DIVISION.
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On the first issue, this Office rules that complainants are the
employees of the respondents. The producer cannot be considered as
an independent contractor but should be considered only as a labor-
only contractor and as such, acts as a mere agent of the real
employer, the herein respondents. Respondents even failed to name
and specify who are the producers. Also, it is an admitted fact that
the complainants received their salaries from the respondents. The
case cited by the respondents, Rosario Brothers, Inc. vs. Ople, 131
SCRA 72 does not apply in this case.
It is very clear also that complainants are doing activities which
are necessary and essential to the business of the respon-
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13 Supra, note 2.
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[T]o prove that the movies of Viva Films were contracted out to the
different independent Producers who rented Shooting Unit No. 3
with a fixed budget and time-frame of at least 30 shooting days or
22
45 days whichever comes first.
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23
company. This only shows that the associate producer did
not have substantial capital nor investment in the form of
tools, equipment and other materials necessary for making
a movie. Private respondents in effect admit that their
producers, especially petitionersÊ last producer, are not
engaged in permissible job contracting.
If private respondents insist that their associate
producers are labor contractors, then these producers can
only be „laboronly‰ contractors, defined by the Labor Code
as follows:
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21 OR, 340.
22 Id., 341.
23 RespondentÊs Position Paper, 12; OR, 19.
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(e) clapper; etc. . . .‰ This clearly showed that the associate
producers did not supply the workers required by the movie
project.
The relationship between VIVA and its producers 26
or
associate producers seems to be that of agency, as the
latter make movies on behalf of VIVA, whose business is to
„make‰ movies. As such, the employment relationship
between petitioners and producers is actually one between
petitioners and VIVA, with the latter being the direct
employer.
The employer-employee relationship between petitioners
and VIVA can further be established by the „control test.‰
While four elements are usually considered in determining
the existence of an employment relationship, namely: (a)
the selection and engagement of the employee; (b) the
payment of wages; (c) the power of dismissal; and (d) the
employerÊs power to control the employeeÊs conduct, the
most important element is the employerÊs control of the
employeeÊs conduct, not only as to the result of the work to
be done but also as27 to the means and methods to
accomplish the same. These four elements are present
here. In their position paper submitted to the Labor
Arbiter, private respondents narrated the following
circumstances:
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Cuatico, the Project accountant varies from time to time, and the
Shooting Unit Supervisor is Ms. Alejandria Cesario.
The Supervising PRODUCER acts as the eyes and ears of the
company and of the Executive Producer to monitor the progress of
the PRODUCERÊs work accomplishment. He is there usually in the
field doing the rounds of inspection to see if there is any problem
that the PRODUCER is encountering and to assist in threshing out
the same so that the film project will be finished on schedule. He
supervises about 3 to 7 movie projects simultaneously [at] any given
time by coordinating with each film „PRODUCER.‰ The Project
Accountant on the other hand assists the PRODUCER in
monitoring the actual expenses incurred because the company
wants to insure that any additional budget requested by the
PRODUCER is really justified and warranted especially when there
is a change of original plans to suit the tast[e] of the company on
how a certain scene must be presented to make the film more
interesting and more commercially viable. (emphasis ours)
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During the term of this appointment you shall comply with the
duties and responsibilities of your position as well as observe the
rules and regulations promulgated by your superiors and by Top
Management.
APPOINTMENT SLIP
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During the term of this appointment you shall comply with the
duties and responsibilities of your position as well as observe the
rules and regulations promulgated by your superiors and by Top
Management.
Very truly yours,
(an illegible signature)
CONFORME:
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Name of appointee
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While Maraguinot was a member of Shooting Unit III, which made the
following movies (Annex „4-A‰ of RespondentsÊ Position Paper; OR, 29):
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not be said that this decision „coddles‰ labor, for as Lao has
ruled, project or work pool employees who have gained the
status of regular employees are subject to the „no work-no
pay‰ principle, to repeat:
A work pool may exist although the workers in the pool do not
receive salaries and are free to seek other employment during
temporary breaks in the business, provided that the worker shall be
available when called to report for a project. Although primarily
applicable to regular seasonal workers, this set-up can likewise be
applied to project workers insofar as the effect of temporary
cessation of work is concerned. This is beneficial to both the
employer and employee for it prevents the unjust situation of
„coddling labor at the expense of capital‰ and at the same time
enables the workers to attain the status of regular employees.
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No pronouncement as to costs.
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SO ORDERED.
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