the Supreme Court (SC) has ruled that the 94 members of the Talents Association of GMA (TAG) are the media giant’s regular employees, marking a landmark victory for the TAG’s 11-year battle.
In a resolution made public on Saturday, January 24, the SC Third Division upheld the Court of Appeals (CA) decision that ruled the 94 TAG members as regular employees of GMA Network.
“Talents are regular employees, deserving of security adn statutory benefits. We believed that since the beginning, and now there is jurisprudence to protect the next generation of media workers in the Philippines,” TAG said in a statement.
The SC, in the same decision, also ordered the reinstatement of illegally dismissed GMA talents without loss of seniority rights and other privileges.
They are also entitled to full backwages, including allowances “and other benefits or their monetary equivalent computed from the time their compensation was withheld from them up to the time of their actual reinstatement.”
“In the event that reinstatement is no longer an option, Respondents in G.R. No. 254711 shall be awarded separation pay equivalent to one month salary for every year of service. Full backwages shall then be computed from the date of their dismissal until the finality of this Resolution.”
There were two petitions that reached the High Court for this case.In GR No. 250673, the issue was whether the GMA talents were the network’s regular employees. In the separate GR No. 254711, the question was whether the petitioners were illegally dismissed from their employment.
In GR No. 250673, GMA Network argued that their talents are not regular employees, but rather self-reliant contractors as stated in their talent agreements. Though, the SC deduced that the respondents were not independent contractors based on the general terms attached to their Talent Agreement.
GMA Network also used the Sonza vs.ABS-CBN Broadcasting Corporation case, where the SC declared television personality Jay Sonza as an independent contractor.
“GMA cannot seek refuge in the Court’s ruling in Sonza, where the Court did not consider the exclusivity clause in Sonza’s contract as a form of control. Essentially, the monthly talent fee received by Sonza in 1994 amounted to at least PHP 300,000.00, whereas respondents’ salaries ranged from PHP 13,000.00 to PHP 84,000.00 in 2015,” the SC said.
“Given the foregoing, respondents cannot, by any stretch of creativity, be considered as independent contractors. The Court will not countenance the provision in the Talent Agreement classifying respondents as independent contractors when the contract, taken as a whole, shows otherwise,” the High Court added.
Supreme Court Rules in Favor of GMA Network Employees in Dismissal Case
The Supreme Court of the Philippines ruled in favor of 50 former employees of GMA Network, finding their dismissals unlawful. The decision, stemming from a case filed nearly 12 years ago, affirms the workers’ right to security of tenure and highlights deficiencies in the network’s dismissal procedures.
On Illegal Dismissal
GMA Network and its chairman, Felipe Gozon, argued in case GR No. 254711 that the 15 respondents were legitimately dismissed for repeated, unauthorized absences that disrupted production schedules. Though, the Court found this claim unsubstantiated.
Under a GMA memorandum, the penalty for a first-time offense of unauthorized absence is a written reminder. The network failed to demonstrate that the 15 respondents missed one to two schedules, nor did records indicate prior offenses.
The Court also deemed the dismissal of the remaining 35 respondents unlawful, citing a lack of proper written notification regarding contract renewals.
GMA’s failure to provide written renewal notices to the 35 respondents is inexcusable.Without such notice,the employees reasonably believed no renewal offer was forthcoming. They had nothing to decline.
The Supreme Court reiterated the essential right of regular employees to job security.
A regular employee has the right to security of tenure and cannot be dismissed from service unless grounded on just or authorized causes.
A Long Battle
This legal battle began on April 14,2014,when GMA issued an order…
