ZENAIDA GACO, vs. THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION and ORIENT LEAF TOBACCO CORPORATION.
- G.R. Number: G.R. No. 104690
- Promulgated: 1994-02-23
- Ponente: Nocon, J.
Doctrine
An employee repeatedly re‑hired for seasonal work may be considered indispensable and, with sufficient length of service, becomes regular by operation of law after one year.
A regular employee enjoys security of tenure and cannot be dismissed except for just or authorized cause.
Facts
Petitioner Zenaida Gaco worked for Orient Leaf Tobacco Corporation from 1974 until end of the season in 1989 and was repeatedly re‑hired, showing necessity and indispensability of her services.
By operation of law she became a regular employee one year after she was employed due to her length of service.
The Labor Arbiter found demotion unjustified; the Court addressed entitlement to backwages and separation pay and modified prior awards.
Issues
Whether petitioner became a regular employee by operation of law and thus enjoyed security of tenure.
Whether petitioner is entitled to backwages and separation pay and what the appropriate computation and period of awards are.
Ruling
The Court held petitioner became a regular employee by operation of law and therefore enjoyed security of tenure; she could not be dismissed except for just or authorized cause.
The appealed decision was modified: separation pay computed in the total amount of P15,015.00 and the award of backwages was elected; the Court reinstated the Labor Arbiter's decision subject to modifications on periods of backwages and separation pay.
Keywords
G.R. No. 104690, regular employee, security of tenure, just or authorized cause for dismissal, constructive dismissal, gross inefficiency, Labor Arbiter, backwages, separation pay, unfair labor practice, unjustified demotion, due process, punitive action, illegal dismissal, National Labor Relations Commission, private, demotion, complainant, position, basis