NLRC upholds decision favoring GMA Network | GMANetwork.com - Corporate - Articles

The Seventh Division of the National Labor Relations Commission (NLRC) in Cebu City affirmed the decision of Labor Arbiter Perpetuo G. Nafarette III dated October 10, 2016 to dismiss the regularization complaint filed by six RGMA Network, Inc. (RGMA) employees against GMA Network (GMA) for lack of merit.

NLRC upholds decision favoring GMA Network

April 04 2017

The Seventh Division of the National Labor Relations Commission (NLRC) in Cebu City affirmed the decision of Labor Arbiter Perpetuo G. Nafarette III dated October 10, 2016 to dismiss the regularization complaint filed by six (6) RGMA Network, Inc. (RGMA) employees against GMA Network (GMA) for lack of merit.

In the decision penned by Commissioner Jose G. Gutierrez on the appeal filed by the appellants, the NLRC ruled in favor of GMA stating there was “no employer-employee relationship” between GMA and the appellants and that they “do not have any right to the benefits enjoyed by GMA’s regular employees.”

The appellants, who are RGMA’s transmitter technicians, claimed that GMA failed to regularize them even if they performed “work directly related and/or necessary and desirable to the business operations of GMA.”

The NLRC, however, ruled that the appellants are not regular employees of GMA but of RGMA, which is a legitimate job contractor.

In another case, Labor Arbiter Veneranda C. Guerrero dismissed for lack of jurisdiction and merit the illegal dismissal and regularization complaint filed by Melquiades Atienza against GMA and Script2010, Inc.

The labor arbiter said that Atienza, is “not an employee of GMA” and was “never assigned by any independent contractor of GMA to work in any department, program, or activity” of the Network. However, Atienza was found to be a regular employee of Interservices Cooperative.

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