THE COURT t of Appeals (CA) has dismissed a labor case filed by machine operators in manpower agencies supplying workers to firearms and ammunition manufacturer Armscor Global Defense Inc.
In a 21-page decision penned by Associate Justice Ramon R. Garcia, the appellate court's 7th Division dismissed the petition and upheld the decision of the National Labor Relations Commission (NLRC) in the case.
The court said the seven workers -- Cathy D. Tabuso, Eldon S. Magallon, Jay Jomar D.Royol, Renier D. Lopez, Jimmy L. Alfarero, Nolan Jade Rosario, and Drexler C. Gultiano failed to present substantial evidence to support their allegation that they were illegally dismissed from employment.
"When private respondent Support One Manpower Services Inc. (SOMSI) gave notice to petitioners that were being pulled out from their deployment at private respondent Armscor due to a decrease in production needs, petitioners were given the option to either wait for three months for reassignment to another client or avail of their separation benefits," the appellate court said.
The petitioners then opted to sue before the labor arbiter.
Citing similar cases involving the same parties decided by the Supreme Court (SC), the tribunal said there was no proof of an employer-employee relationship between petitioners and Armscor.
SOMSI supported its claim of being a legitimate and independent job contractor by presenting its certificate of registration duly issued by the DOLE, and its General Information Sheet showing that it has the required substantial capital of PHP6,000,000 to operate as a legitimate job contractor during the period of its service agreement with Armscor.
It also paid petitioners' salaries and remitted their monthly employee contributions to the government and also solely exercised control and supervision over petitioners in the performance of their work.
"The evidence is clear that SOMSI is a legitimate job contractor and that petitioners are employees of SOMSI, not Armscor," the CA said.( Benjamin Pulta)
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