NLRC-NCR Labor Arbiter finds garment sewer and dressmaker regular employee
In a Decision dated 28 January 2013, an NCR Labor Arbiter ruled that a garment sewer and dressmaker of Metromed Enterprises Co. is a regular employee.
The company claims that all of their employees are project based employees designated to a particular project and whose employment is co-terminus with the completion of the said project.
“The complainant is a regular employee since there is a reasonable connection between the work that she performed from 2006 to 2012 in the usual business or trade of the respondents”, the Labor Arbiter said.
“There is no evidence of any employment contract between the parties regarding the completion of a certain project or the duration of it, if any, as to qualify complainant as a project employee,” she added.
The Labor Arbiter took note also that the company did not present any termination reports to the nearest public employment office or to the DOLE every time complainant’s employment was supposedly terminated due to a completion of a project, as required by Policy Instruction No. 20.
The complainant was in the continuous service as employee of Metromed Enterprises Co. for more than 6 years. As a company that is engaged in tailoring business, complainant was hired on March 2006 as one of its garment sewers and dressmakers.
Since then, complainant was tasked to make scrub suit, gown, bed sheet, curtains and other similar works. Complainant was required to work from Mondays thru Saturdays at 8:00 in the morning until 5:00 in the afternoon in the shop. Wages were paid to complainant at an average of P1,200 per week regardless of all holidays when she was suffered to work.
The Labor Arbiter ruled also that the company is liable to the complainant for underpayment of salaries/wages, holiday pay, service incentive leave and 13thmonth pay amounting to P222,959.25.
Research, Information and Publication Division
National Labor Relations Commission