DIOSCORO RABAGO, JOSELITO LAGUNA, MELCHOR ESCOLTURA MORENO MANGABAT, FORTUNATO SARSONAS, ELESEO ASEDELLO, ROMAN DELOS ARCOS, GREGORIO RETARDO, PAULINO IGNACIO, EMILIANO LAGAHIT, RODOLFO DACORO, ARNEL PERILLO, NARCISO BUERA, LITO REYES, CRISANTO SUSING, DERVIN SOTTO, JOEY SOTTO, LARRY FULGENCIO,…
- G.R. Number: G.R. No. 82868
- Promulgated: 1991-08-05
- Ponente: Cruz, J.
Doctrine
Under Section 3, Rule V, Book III of the Omnibus Rules Implementing the Labor Code, 'at least one year service' means service within 12 months, whether continuous or broken, reckoned from the date the employee started working.
When the Labor Arbiter's factual findings are supported, the Court may reinstate the arbiter's decision and set aside the NLRC ruling as done here.
Facts
Ace Building Care (ABC) contracted with Philippine Tuberculosis Society (PTS) from 1981 to 1985 to provide janitorial services; contract renewed yearly and in 1985 services were re-bid and awarded to another company that took over from ABC.
On 9 September 1985, 41 janitors detailed by ABC to PTS filed an NLRC complaint against ABC and PTS for unpaid wage differentials under Wage Orders Nos. 5 and 6, holiday premium, damages, reimbursement of cash bond, incentive leave pay and bonus, and separation pay; ABC filed cross-claim against PTS.
PTS moved to dismiss arguing it was part of the public sector and not covered by the Labor Code.
One employee, Norma Moreno Mangabat, had interrupted service (7/79–12/81 and 3/84–7/84) and had been denied service incentive leave with pay, possibly by oversight.
Issues
Whether or not herein petitioner Ace Building Care is liable for the wages and allowances mandated by Wage Orders Nos. 5 and 6; and whether or not herein respondent Philippine Tuberculosis Society Inc. should be exempted from the payment of the wages and allowances under the said Wage Orders to the individual respondents.
Whether or not herein petitioner is liable to the individual respondents for the payment of the service incentive pay.
Whether or not herein petitioner is liable to the five individual respondents for the payment of separation pay.
Ruling
The decision of the NLRC in G.R. No. 82868 is SET ASIDE and the Labor Arbiter Felipe Garduque II's decision is REINSTATED.
Norma Moreno Mangabat is granted service incentive leave with pay (modification of reinstated judgment).
In G.R. No. 82932 the petition is DISMISSED, with costs against the petitioner; the temporary restraining order dated 11 May 1988 is LIFTED.
Keywords
G.R. No. 82868, G.R. No. 82932, National Labor Relations Commission, Wage Order Nos. 5 and 6, holiday premium pay, damages and attorney's fees, reimbursement of cash bond, incentive leave pay, bonus and separation pay, joint and several liability, indirect employer, Article 106 Labor Code, Article 107 Labor Code, Article 109 Labor Code, statutory minimum wage, Eagle Security Agency, Inc. vs. NLRC, Del Rosario & Sons Logging Enterprises, Inc. v. NLRC, 1987 Constitution Article II, Sec. 18, 1987 Constitution Article XIII, Sec. 3, public sector employer