Friday, April 12, 2019

A very good example of Contractual Employment Case

Contractual employment is ok for short term employment but when it is renewed several times, that's when things changes and violation of employer can occur. Contractual employment is a threat to economic stability for obvious reasons. And when an employer keeps on renewing but do not offer regular employment, that employer is a scammer. Still in the IT industry, a lot of these agencies offers contractual employment because they are being paid by a bigger scammer, the scammer who only want to enrich themselves by amassing a lot of revenues derived from the works of programmers. These agencies may not aware of the these facts or they are aware but not scared because they know someone which is obvious from the case outcome I filed.

A good example is the case of FUJI TELEVISION NETWORK, INC vs ARLENE S. ESPIRITU. you may view the details of the case here. The power to control which is essential in the 4 fold test of employee-employer relationship include to employer's power to deduct absences from salary or any other forms like in this case of fuji:
Fuji has just affirmed that Arlene was their regular employee. This is the same in my case, if I am late, agency will deduct each minute of late and I have no-work, no-pay arrangement no benefits whatsoever.. Agency controlled how they will pay me and I have no bargaining rights. Arlene had bargaining rights, she can demand that her salary be increased every time they renewed her contract. Her contract is being renewed on a yearly basis. My contract is being renewed every thee months. Arlene enjoyed a lot of economic benefits and still she won the case, she even won her case at the NLRC when she filed her first MR(Motion for Reconsideration). Fuji does no deny they don't have employee-employer relationship which is obvious in the screenshot above, but my agency deny it, and NLRC obviously affirmed it but the Court of Appeals reversed it.

I wont give any conclusion, this is just my analysis and opinion. I hope and pray the people who handle my case will see the case of Arlene and compare it to mine. My case is a lot worse than hers and yet she won.