source: igma
April 17, 2006:
Labor Arbiter junks labor case filed by Cebu talents against GMA Network
Labor Arbiter junks labor case filed by Cebu talents against GMA Network
Labor Arbiter Ernesto Carreon of the National Labor Relations Commission (NLRC), Cebu City, dismissed, for lack of jurisdiction, the complaint of unfair labor practice, illegal suspension, illegal dismissal, and non-payment of benefits filed by talents of “Singgit Cebu” against GMA Network and its Cebu station manager Ann Marie Tan.
Lucia Lo Dayoc, Marife V. Castillo, Carlo A. Flores and Jerry M. Sagilabo, all former hosts of the now defunct-Singgit Cebu variety show, accused the TV network and its Cebu executive of allegedly depriving them benefits and dismissing their services without prior notice.
Singgit Cebu started airing in GMA Cebu in October of 1999 until its axing in October of 2005. GMA Network decided to reformat its local variety show as part of its move to strengthen its regional programming.
Tan and GMA Network, according to the decision rendered by Arbiter Carreon, are not liable mainly because “the complainants are not regular employees of the respondents but are talents. It is undisputable that the complainants’ services were engaged in connection with the respondents’ weekly show Singgit Cebu.”
The decision further states that “the complainants’ services do not appear as exclusive for the respondents which is an indicia of regular employment, as they (complainants) are not restricted from working for any employment since their services were only needed every Sunday for the Singgit Cebu Show. As a matter of fact, the complainants have respective regular employment during week days hence, making their engagement with Singgit Cebu as their side employment.”
The Labor Arbiter concluded that, “As talents, the complainants are not regular employees of the respondents accordingly, they are not entitled to the benefits under the Labor Code because the terms and conditions of their employment is governed by the agreement they have with the respondents upon their (complainants) engagement