University of Santo Tomas (UST) v. Samahang Manggagawa ng UST (2017)

University of Santo Tomas (UST) v. Samahang Manggagawa ng UST, G.R. No. 184262, April 24, 2017, Perlas-Bernabe, J.:

1. Background

• [The Complainants – represented by their union – were engaged to perform various maintenance duties within its campus, i.e., as laborer, mason, tinsmith, painter, electrician, welder, carpenter.]

• [The Company was a university engaged in providing.]

a. Complainant’s position

• [The Complainants] alleged that on various periods spanning the years 1990-1999, [the Company] repeatedly hired Pontesor, et al. to perform various maintenance duties within its campus, i.e., as laborer, mason, tinsmith, painter, electrician, welder, carpenter. Essentially, [the Complainants] insisted that in view of Pontesor, et al.' s performance of such maintenance tasks throughout the years, they should be deemed regular employees of [the Company]. [The Complainants] further argued that for as long as [the Company] continues to operate and exist as an educational institution, with rooms, buildings, and facilities to maintain, the latter could not dispense with Pontesor, et al. 's services which are necessary and desirable to the business of [the Company].

b. Company’s position

• On the other hand, while [the Company] admitted that it repeatedly hired Pontesor, et al. in different capacities throughout the aforesaid years, it nevertheless maintained that they were merely hired on a per-project basis, as evidenced by numerous Contractual Employee Ap...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.
By subscribing, you help maintain this website.

 

Similar Posts