A labor contractor’s Certificate of Registration with the Department of Labor and Employment is not conclusive evidence of its status as a legitimate labor contracting entity. At most, it causes a disputable presumption that the entity is a legitimate labor contractor which can be refuted by other evidence. In order to determine whether an entity is a labor-only contractor or a legitimate labor contractor, what must be considered is the totality of the facts and surrounding circumstances of the case.
The employer posited that backwages are awarded only to an illegally dismissed employee. Did the Supreme Court sustain this position?
Note the principal test to determine whether a person is a project employee.
Learn whether the car plan provided by the employer had ripened into company practice.
Did the employer discharge the burden of proving the validity of the employee’s dismissal from employment?
Was the employee’s experience burdensome enough to make her tenure unbearable?
Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2008 global financial crisis.
Were the camera operators in this case considered as employees of the broadcasting company?
When an illegally dismissed employee is reinstated, should he be considered a new hire?
The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.