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Wednesday, November 16, 2011

ABS-CBN FAILS IN A LEGAL BATTLE ANEW! LABOR GROUP TRUMPS!

Overturning earlier decisions of the labor court, the Court of Appeals has upheld the right of television  “talents” to receive the same compensation and benefits as regular network employees.

In a much-awaited decision, the appellate court said the National Labor Relations Court (NLRC) committed “grave abuse of discretion” when it twice threw out the petition of a group of “talents” who sued network giant ABS-CBN for refusing to consider them as regular employees.

The case was filed in 2008 by about 70 sound engineers, cameramen, audio men, drivers, VTR men, lightmen and camera control unit staffers of ABS-CBN.

The court said the NLRC’s ruling against the talent workers’ petition for regularization and benefit claims in October 2008 and January 2009 went against already settled precedents.


In voiding the two NLRC resolutions, the appeals court stressed that in previous similar cases filed against ABS-CBN and other networks, the court had already declared the so-called talents as regular employees.

It said the petitioners were able to adequately establish that they had an employer-employee relationship with ABS-CBN as stated under Article 280 of the Labor Code of the Philippines.

Citing this provision of the labor law, the court said the workers were deemed to be regular employees.

Working several years

Since the petitioners had been working with the network continuously “for a duration of several years,” their involvement with ABS-CBN’s operations was “strongly indicative of the necessity and desirability of the petitioners’ work.”

“We now hold that herein petitioners are regular employees of… ABS-CBN and as such, are entitled to the benefits and privileges accorded to regular employees under their collective bargaining agreement and company policy,” the appellate court said.

“Gleaned from the nature and description of the services rendered by petitioners, there is no doubt that they are necessary or desirable in the usual business or trade… of ABS-CBN,” it added.

Authority to dismiss petitioners

“In sum, since all the elements of an employer-employee relationship have been established in this case, we conclude the petitioners are regular employees of  ABS-CBN,” the court said.

It added that it was “undenied” that ABS-CBN had the authority to dismiss the petitioners “in case infractions were committed in the performance of their duties.”

The 21-page ruling was penned by Associate Justice Manuel Barrios with Associate Justices Mario Guarina III and Apolinario Bruselas Jr. concurring.

The appeals court ruling could benefit hundreds of media workers who have  filed similar labor suits against ABS-CBN and other broadcast companies.

11 comments:

Anonymous said...

Mga KAPUSONG ULOL Paaasok!!!

KAPAMS said...

Kung ano lang ang tama, yun ang masunod.
peace!

Anonymous said...

ASK KO LANG AFTER THIS IN FAVOR NG MGA WORKERS MAIBABALIK BA SILA SA TRABAHO O I-SETTLE NA LANG NAGTATANONG LANG PO IT SEEMS NA KAHIT NANALO ANG MGA WORKERS HINDI PA RIN SILA IBINABALIK SA TRABAHO SETTLEMENT PA RIN ANG NANGYAYARI... WELL BUSINESS IS BUSINESS

GOOD LUCK SA MGA WORKERS

Anonymous said...

INFAIRNESS SA GMA HINDI NILA ITO IBINALITA SA MGA NEWS PROGRAM NILA.


DFNTLY KONG NANGYARI ITO SA GMA CGURADONG CGURADO GAGAWIN NG EBS NA HEADLINE ITO SA TV PATROL

yes said...

WELL BUSINESS IS BUSINESS

Anonymous said...

well demonyo talaga ang abs-cbn

LONG said...

KARMA'S A BITCH!!


In the service of the filipino?


GUNGGONG!


Bwahahahahahahahahahahahahahahahahaahahaha!

LONG said...

MAY SCANDAL NA NGA SA DBP LOAN,
TALO PA SA MGA TINANGGAL NILANG MGA EMPLEYADO,
MAY UTANG NA 10 BILLION.
UMUTANG PA PARA BAYARAN ANG LOAN.
MAY 1 BILLION TAX NA KAILANGAN BAYARAN.
NAG BENTA NG SHARE NG SKY CABLE PARA PAGTAKPAN ANG LUGING NETWORK.
NALAGAS ANG BIG STARS.
SIRANG SIRA ANG KAPAMILYA TANSO.
BAGSAK ANG NATIONAL RATINGS
BUNDLED ADS SA ADVERTISERS
MANLILINLANG
MAPANIRA
MANLOLOKO
MAMAMATAY TAO

KADIRIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!!!!!!!!!!!!!!!!!!




BWAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!

Anonymous said...

Haaaay naku ABS-CBN, Sangkatutak ang baho!!! Utang n 12 billion, 1 billion n tax ang ndi binayaran, 1.6 billion n loan scandal s DBP (ABS-CBN is part of Lopez Holdings kya damay cla d2) Ung s Globe Asiatique n substandard n bahay, at e2 ang malala, LABOR DISPUTE. Naaawa aq s mga kapamilya ksi ALAM N NGANG NANLOLOKO, NGPAPALOKO P!!! Naku nman oh eh buti p s GMA, MASAYA ANG MGA EMPLOYEES NILA AT NGAWA PNG 2MULONG S KAPWA!!!

Anonymous said...

Anonymous said... Haaaay naku ABS-CBN, Sangkatutak ang baho!!! Utang n 12 billion, 1 billion n tax ang ndi binayaran, 1.6 billion n loan scandal s DBP (ABS-CBN is part of Lopez Holdings kya damay cla d2) Ung s Globe Asiatique n substandard n bahay, at e2 ang malala, LABOR DISPUTE. Naaawa aq s mga kapamilya ksi ALAM N NGANG NANLOLOKO, NGPAPALOKO P!!! Naku nman oh eh buti p s GMA, MASAYA ANG MGA EMPLOYEES NILA AT NGAWA PNG 2MULONG S KAPWA!!!

______________


kahit kelan talaga mga kangusong ulol napakabobo nu

oo part ang abs sa lopez inc, basahin mo ang report kung kasama ang abs sa loan bobo nu talaga

Anonymous said...

USOK ANG MAKAPAL NG NGUSO NI LONG EH!

PERO PAG AGAINST SA GMA ANG BALITA, TAHIMIK o DIKAYA DI MAHAGILAP!!!

AHAHAHAAH

LONG nAPAKA BITTER mO AHAHAHAHA

BAKLANG BAKLA ANG DATING MU EH! AHAHAHAHAHAHA

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