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Labor - Dole vs. Esteva
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Letter to Judge Berman.doc -
49785540 Grievance
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[G.R. No. 161115. November 30, 2006]
Petitioner is a corporation engaged principally in the production and processin pineapple for the export market. Respondents are members of the Cannery Multi-Pur Cooperative (CAMPCO). CAMPCO was organized in accordance accordance with Republic Act No. 6 otherwise known as the Cooperative Code of the Philippines. Pursuant to the Service Cont CAMPCO members rendered services to petitioner. petitioner. The number of CAMPCO members that re for work and the type of service they performed depended on the needs of petitioner at any g time. Although the Service Contract specifically specifically stated that it shall only be for a period o months, i.e., from 1 July to 31 December 1993, the parties had apparently extended or renewe same for the succeeding years without without executing another written contract. contract. It was under circumstances that respondents came to work for petitioner. DOLE organized a Task Force conducted an investigation into the alleged labor-only contracting activities of the cooperat The Task Force identified six cooperatives that were engaged in labor-only contracting, on which was CAMPCO. In this case, respondents alleged that they started working for petition various times in the years 1993 and 1994, by virtue of the Service Contract executed betw CAMPCO and petitioner. All of the respondents had already rendered more more than one year of se to petitioner. While some of the respondents were were still working for petitioner, others were p “stay home status” on varying dates dates in the years 1994, 1995, and 1996 and were no lo furnished with work thereafter. Together, respondents filed a Complaint with the NLRC for i dismissal, regularization, wage differentials, damages and attorney’s fees. Petitioner denied respondents were its employees. It explained that it found the need to engage external servic augment its regular workforce, which was affected by peaks in operation, work back absenteeism, and excessive leaves. leaves. It used to engage the services of individual workers workers for de periods specified in their their employment contracts and and never exceeding one year. However, su arrangement became the subject of a labor case, in which petitioner was accused of preventing regularization of such workers.
1. Whether or not the court of appeals was correct when it made its own factual find and disregarded the factual findings of the labor arbiter and the NLRC. Sign up to vote on this title 2. Whether or not CAMPCO was a mere labor-only contractor.
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The Court in the exercise of its equity jurisdiction may look into the records of the case
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Labor - Dole vs. Esteva
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Letter to Judge Berman.doc -
49785540 Grievance
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such were amassed in the years following its establishment. In 1993, when CAMPCO established and the Service Contract between petitioner and CAMPCO was entered into, CAM only had P6,600.00 paid-up capital, which could hardly be considered substantial. It only man to increase its capitalization and assets in the succeeding years by continually and defi engaging in what had been declared by authorized DOLE officials as labor-only contracting. CAMPCO did not carry out an independent business from petitioner. It was precisely establis render services to petitioner to augment its workforce during peak seasons. Petitioner was its client. Even as CAMPCO had its own office and office equipment, these were mainly use administrative purposes; the tools, machineries, and equipment actually used by CAMPCO mem when rendering services to the petitioner belonged to the latter. Third, petitioner exercised co over the CAMPCO members, including respondents. Petitioner attempts to refute contro alleging the presence of a CAMPCO supervisor in the work premises. Yet, the mere presence w the premises of a supervisor from the cooperative did not necessarily mean that CAMPCO control over its members. Section 8(1), Rule VIII, Book III of the implementing rules of the L Code, as amended, required for permissible job contracting that the contractor undertakes contract work on his account, under his own responsibility, according to his own manner method, free from the control and direction of his employer or principal in all matters conne with the performance of the work except as to the results thereof. As alleged by the respond and unrebutted by petitioner, CAMPCO members, before working for the petitioner, had to und instructions and pass the training provided by petitioner’s personnel. It was petitioner determined and prepared the work assignments of the CAMPCO members. CAMPCO mem worked within petitioner’s plantation and processing plants alongside regular emplo performing identical jobs, a circumstance recognized an indicium of a labor-only contractor You're Reading aasPreview Fourth, CAMPCO was not engaged to perform a specific and special job or service. In the Se Contract of 1993, CAMPCO agreed toUnlock assistfull petitioner its trial. daily operations, and perform odd access within a free as may be assigned. CAMPCO complied with this venture by assigning member petitioner. Apart from that, no otherDownload particularWith job, Free workTrial or service was required from CAM and it is apparent, with such an arrangement, that CAMPCO merely acted as a recruitment ag for petitioner. Since the undertaking of CAMPCO did not involve the performance of a specifi but rather the supply of manpower only, CAMPCO clearly conducted itself as a labor contractor. Lastly, CAMPCO members, including respondents, performed activities directly re to the principal business of petitioner. They worked as can processing attendant, feeder of ca pineapple and pineapple processing, nata de coco processing attendant, fruit cocktail proce Sign up to vote on this title attendant, and etc., functions which were, not only directly related, but were very vita Not useful petitioner’s business of production and processingofUseful pineapple products for ex The declaration that CAMPCO is indeed engaged in the prohibited activities of labor contracting, then consequently, an employer-employee relationship is deemed to exist betw
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49785540 Grievance
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based on just and authorized causes as provided for in the Labor Code, as amended, and after are accorded procedural due process. Therefore, petitioner’s acts of placing some o respondents on “stay home status” and not giving them work assignments for more than six mo were already tantamount to constructive and illegal dismissal.
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