labor-only contracting Archives

February 24, 2017

Published by Atty Elvin B. Villanueva at February 24, 2017

THE UNION HAS NO LEGAL STANDING TO DEMAND THE REGULARIZATION OF EMPLOYEES OF JOB CONTRACTOR; LABOR-ONLY CONTRACTING

Cagayan Electric Power & Light Company, Inc. (CELPALCO), et al. Vs. CEPALCO Employee’s Labor Union-Associated Labor Unions-Trade Union Congress of the Philippines (TUCP) G.R. No. 211015/G.R. […]

March 1, 2017

Published by Atty Elvin B. Villanueva at March 1, 2017

THE PRINCIPAL THAT CLAIMS THE CONTRACTOR IS NOT A LABOR-ONLY CONTRACTOR HAS THE BURDEN OF PROOF

Quintanar, et al. vs. Coca-Cola Bottlers, Philippines, Inc. G.R. No. 210565. June 28, 2016 Doctrine of stare decisis The doctrine of stare decisis et non quieta […]

March 26, 2017

Published by Atty Elvin B. Villanueva at March 26, 2017

RELATIONSHIP TEST AND NATURE OF THE CONTROVERSY TEST AS NORM IN INTRA-CORPORATE DISPUTE

Castro vs. Court of Appeals, et al. G.R. No. 204261. October 5, 2016 Facts: Nuvoland is a corporation formed primarily “to own, use, improve, develop, subdivide, […]

May 20, 2017

Published by Atty Elvin B. Villanueva at May 20, 2017

DTI REGISTRATION AND PRPA LICENSE AS PROOF TO OVERCOME THE PRESUMPTION OF LABOR-ONLY CONTRACTING

Jack C. Valencia vs. Classique Vinyl Products Corporation, et al. G.R. No. 206390, January 30, 2017 Facts: Jack C. Valencia alleged that he applied for work […]

May 21, 2017

Published by Atty Elvin B. Villanueva at May 21, 2017

RULES OF CONDUCT OR GUIDELINES TOWARDS THE ACHIEVEMENT OF A MUTUALLY DESIRED RESULT DO NOT OPERATE TO CONTROL OR FIX THE METHODOLOGY AS WOULD RESULT IN LABOR-ONLY CONTRACTING

Nestle Philippines, Inc. vs. Benny A. Puedan, Jr., et al. G.R. No. 220617, January 30, 2017 Facts: Puedan, et al alleged that on various dates, ODSI […]

May 30, 2018

Published by Atty Elvin B. Villanueva at May 30, 2018

SECURITY OF TENURE, CONTRACTING AND SUBCONTRACTING UNDER E.O. 51, SERIES OF 2018

Security of tenure is a constitutionally guaranteed right. Employees may not be terminated from their regular employment except for just or authorized causes under the Labor […]

August 9, 2018

Published by Atty Elvin B. Villanueva at August 9, 2018

CERTIFICATE OF REGISTRATION AS INDEPENDENT CONTRACTOR ENJOYS THE PRESUMPTION OF REGULARITY AND IS A STRONG BADGE OF LEGITIMACY

Certificate of Registration issued by DOLE recognizes CBMI as an independent contractor and regards the validity of the latter’s registration well within the period relevant to […]

September 12, 2018

Published by Atty Elvin B. Villanueva at September 12, 2018

FRAUD AS BASIS FOR PIERCING THE VEIL OF CORPORATE FICTION DOES NOT EXIST WHERE THE TRANSFER OF ASSETS WAS PURSUANT TO A PREVIOUSLY PERFECTED VALID CONTRACT

Maricalum Mining Corporation vs. Ely G. Florentino, et al./Ely G. Florentino, et al. vs. National Labor Relations Commission, et al. G.R. No. 221813/G.R. No. 222723, July […]

February 2, 2019

Published by Atty Elvin B. Villanueva at February 2, 2019

LABOR-ONLY CONTRACTING ARISES WHERE THE DEPLOYED EMPLOYEE PERFORMS DIRECTLY RELATED FUNCTION AND THE CONTRACTOR HAS NO CONTROL OVER HIM

Labor-only contracting is prohibited. Labor-only contracting refers to an arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work […]