Title
Serman Cooperative vs. Montarde
Case
G.R. No. 246760-61
Decision Date
Dec 9, 2020
Serman Cooperative and Wyeth Philippines engaged in labor-only contracting; workers, deemed regular employees, were illegally dismissed, entitling them to reinstatement and backwages.

Case Summary (G.R. No. 139628)

Applicable Law

The key legal framework for the case is derived from the Labor Code of the Philippines, specifically Articles 106 and 280, which govern contractor relationships and employee regularization, respectively. Provisions from Department Order No. 18-A-11 are also relevant, particularly those addressing labor-only contracting.

Background of the Case

Beginning in April 2003 and ending in December 2012, Serman entered into several service agreements with Wyeth. These agreements stipulated that Serman would supply workers for various tasks related to Wyeth's operations. Workers were assigned duties such as sorting, cartoning, and assisting in production processes. The contracts granted to the workers were stated to be co-extensive with Wyeth's contracts with Serman. The final agreement was extended until January 31, 2014, after which disputes regarding illegal dismissal arose.

Claims of the Workers

The Montarde Group claimed that they were illegally dismissed when Serman’s supervisor confiscated their access cards and instructed them not to report to work. They contended that despite the expiration of their contracts, a valid contract between Serman and Wyeth was still in effect. The Pontipedra Group reported a similar scenario involving an incident on January 17, 2014, asserting that their dismissal was unjustified and lacked proper procedural due process.

Rulings of the Labor Arbiter

The Labor Arbiter found in favor of Serman, dismissing the complaints for illegal dismissal, citing that Serman had complied with legitimate job contracting requirements. The adjudication asserted that Serman had no control over the work performed by the workers and concluded that their deployment ended with the expiration of the service agreements.

Ruling of the National Labor Relations Commission

On appeal, the National Labor Relations Commission (NLRC) modified the Labor Arbiter’s ruling. It recognized the existence of an employer-employee relationship between the workers and Serman but concluded that there was no illegal dismissal, as the workers were considered fixed-term employees whose contracts ended as scheduled.

Ruling of the Court of Appeals

The Court of Appeals reversed the NLRC decision, reaffirming that the workers were indeed regular employees of Wyeth. The court underscored that their roles were essential to Wyeth's operations, thus satisfying the labor-related definitions under Article 280 of the Labor Code. The CA ruled that the supposed expiration of the service agreement did not justify their dismissal and mandated their reinstatement along with full backwages.

Issues on Appeal

The core issues presented before the Supreme Court include whether Serman engaged in labor-only contracting that would classify the workers as regular employees of Wyeth and whether the workers' dismi

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