Paragele v. GMA Network (2020)

Paragele v. GMA Network, Inc., G.R. No. 235315, July 13, 2020, Leonen, J.:

1. Background

• [The Company was engaged in broadcasting.]

• [The Complainants were engaged as cameraman or assistant cameraman.]

a. Complainants’ position

• [The Complainants- who were engaged as cameraman or assistant cameraman] claimed that they were regular employees of [the Company] GMA, having been employed and dismissed.

• With respect to the element of control, [the Complainants] allege that their work schedules were provided by GMA and that they were required to stay in their work sites before and after every taping. GMA likewise provided the equipment they used for tapings such as cameras, lighting, and audio equipment. Moreover, GMA assigned supervisors to monitor their work and ensure their compliance with company standards. [the Complainants] were likewise obliged to follow company rules and regulations.

• [The Complainants] assert that as camera operators assigned to several television programs of GMA, they performed functions that were necessary and desirable to GMA’s business as both a television and broadcasting company. They further contend that their repeated and continuous employment with GMA after each television program they covered shows the necessity and desirability of their functions. Hence, they have already attained the status of regular employees.

b. Company’s position

• Countering [the Complainants], GMA denied the existence of an employer-emplo...

 



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