Complaints Vs GMA Network Dismissed

Two regularization complaints filed by three talent production drivers of GMA Network, Inc. (GMA) were dismissed by the labor arbiters in favor of the broadcast company.

Labor Arbiter Benedict G. Kato identified Marcelo S. Santiago and Serafin R. Palopalo as fixed term employees, who are not entitled to their regularization claims.

In a separate case, Labor Arbiter Enrique L. Flores similarly held that Ramon N. Sta. Maria was a fixed term employee of the Network.

In his decision dated January 29, 2014, Labor Arbiter Kato noted that “Article 280 of the Labor Code does not preclude term-employment even if the work to be performed may be necessary or desirable.” This is in relation to the contracts signed by Santiago and Palopalo, which specify that their respective engagements were co-terminus with the shows or programs they were assigned to.

“In every case, the Principle of Freedom of Contracts applies,” he explained, adding that the known limitation to such principle is that the use of periods should not circumvent the law on tenure.

Meanwhile, in his decision dated January 30, 2014, Labor Arbiter Flores ruled that the period specified in the contract of complainant Sta. Maria was not imposed “to circumvent the constitutional guarantee on security of tenure for what is evident in that such agreement is only logistical considering the nature of his services.”

The separate decisions recognized the voluntary nature of the complainants’ acceptance of the terms and conditions of their contracts. Both complaints were therefore dismissed for lack of merit.