Title
Supreme Court
Almeda vs. Asahi Glass Philippines, Inc.
Case
G.R. No. 177785
Decision Date
Sep 3, 2008
Workers employed through a contractor for 3-11 years were deemed regular employees of the principal company, Asahi, as the contractor was found to be labor-only. Their dismissal was ruled illegal due to lack of cause and due process, requiring reinstatement and backwages.

Case Summary (G.R. No. 177785)

Applicable Law

This analysis is grounded in the 1987 Philippine Constitution, the Labor Code of the Philippines, and pertinent judicial precedents on employment classification and labor contracting.

Factual Background

Petitioners were employed by SSASI and assigned to work for the respondent as glass cutters and a quality controller. They worked for varying durations, ranging from three to 11 years. On December 1, 2002, the respondent terminated its service contract with SSASI, resulting in the petitioners' dismissal. Petitioners contended that their employment should be regarded as regular, asserting that they had been under the direct control of the respondent, which allegedly did not afford them due process prior to termination.

Respondent's Defense

The respondent rebutted the petitioners’ claims, asserting that they were employed by SSASI, which is purportedly a legitimate job contractor. It presented evidence, including a Certificate of Registration from the Department of Labor and Employment (DOLE), asserting that SSASI was entitled to perform contractual work. Additionally, the respondent argued that the functions performed by petitioners were not integral to its primary business.

Labor Arbiter's Decision

The Labor Arbiter initially ruled in favor of the respondent, dismissing the petitioners’ complaint for lack of merit but awarding separation pay. This decision was premised on the assertion that sufficient evidence had been provided to indicate that petitioners were not respondents but employees of SSASI.

NLRC's Reversal

The National Labor Relations Commission (NLRC) later reversed the Labor Arbiter’s ruling. The NLRC found that SSASI was a labor-only contractor, thereby rendering the petitioners as employees of the respondent. The NLRC ordered the reinstatement of petitioners and payment of back wages, characterizing the petitioners’ dismissal as illegal.

Court of Appeals Ruling

Upon appeal, the Court of Appeals reinstated the Labor Arbiter's decision, ruling that there was a legitimate job contracting arrangement between the respondent and SSASI. The appellate court concluded that SSASI exercised the necessary control over the employees, supporting the position of the respondent.

Supreme Court's Review

The Supreme Court determined that the core issues were whether the petitioners were employees of the respondent and if their dismissal was legally justified. The Court noted that for petitioners to be deemed employees of the respondent, it must be established that SSASI was a labor-only contractor.

Employment Relationship

The Court emphasized the distinction between legitimate contracting and labor-only contracting. It delineated that labor-only contracting arises when the contractor lacks substantial capital and the workers perform functions directly related to the principal's business. Notably, the Court found insufficient evidence of SSASI's substantial capital or investment to justify its status as a legitimate contractor. The length and nature of the employment supported the position that petitioners were integral to the respondent's business.

Control and Dismissal

Crucially, the Court assessed the control factor. It d

...continue reading

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.