1960 (when it was still named Hacienda Teresa and owned by Ricardo Gamboa, Sr.. Now owned by son Ricardo Gamboa, Jr.) o Sugar farming job 8hrs/day, 6d/wk, not <302d/yr P45/day o Also worked at Rickys coconut lumber business (P34/d for 8hr work)
(6/9/93) Ricky went to Paquitos house and told him
that his services were no longer needed without prior notice or valid reason
Paquito filed complaint for illegal dismissal 1 yr later
Ricky denied dismissal
o Paquito was casual employee doing odd jobs, paid on a piece-rate basis w/o supervision
admitted that Paquito worked in
farm owned by father, doing casual and odd jobs till the latters death in 1993. o Paquito also given benefit of occupying small portion of land where his house was erected o Paquito stopped working in farm on 1992 o RETRACTED statement: only time Paquito worked in farm was on 1993 when he was contracted to cut coconut lumber o Asked Paquito to vacate his property but he refused o Surmises that Paquito filed complaint to gain leverage so he would not be evicted from land he is occupying
LA: illegal dismissal
NLRC: LA decision set aside
CA: LA decision reinstated
Act of good will by ER either out of gratitude
of for ERs convenience as the nature of work calls for it Long period of doing odd jobs necessary or desirable to trade or business A280(2): (2) those casual employees who have rendered at least one year of service, whether continuous or broken, with respect to activity in which he is employed2 Paquito passed the reasonable connection test o while length of time not controlling test to determine regularity of employment, it is indicative of WON he was hired to perform tasks necessary and indispensable to usual business or trade o Paquito was repeatedly rehired over long period of time o
Payment on a piece-rate basis does not negate regular
employment
Only a method of compensation, does not define
labor relations3 Petitioner failed to prove abandonment of work by Paquito
Does not make sense why Paquito would suddenly
stop working for no reason after more than 20 years4
Filing of complaint negates intention of abandoning
work
Delay of >1 yr okay: A291 LC provides for 3 yr
period; Paquito w/o educational attainment and could not have known that he has rights as a regular EE protected by law CONCLUSION: illegal dismissal
ISSUE: WON Paquito is a casual employee. NO
HELD: LC draws fine line between REGULAR and CASUAL employees1
Notwithstanding agreements to contrary, what
determines whether employment is regular or casual is NOT the will and word of ER, much less procedure of hiring or manner of paying salary. It is the NATURE of the activities performed in relation to particular business or trades considering all circumstances, and in some cases the length of time of its performance and continued existence. Paquitos length of service indication of regularity of employment by operation of law
>20 yrs of service
Privilege of erecting house inside hacienda
2 Integrated Contractor and Plumbing Works, Inc. v. NLRC. Reasonable
connection test. If EE has been performing job for at least 1 yr, law deems repeated and continuing need for performance as sufficient evidence of necessity
3 A97 LC. Wage: remuneration or earnings, capable of being expressed in terms
of money whether fixed or ascertained on a time, task, piece or commission basis
1 Baguio Country Club v. NLRC. Intent to safeguard tenurial interest of worker
who may be denied the rights and benefits due a regular employee by virtue of lopsided agreements with economically powerful ER
4 To justify abandonment of work: proof of deliberate and unjustified refusal
of EE to resume employment. Shown by OVERT ACTS. Burden of proof on ER.
Benguet Electric Cooperative, Inc., Petitioner, vs. Hon. Pura Ferrer-Calleja, Director of The Bureau of Labor Relations, and Beneco Employees Labor Union, Respondents.