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.

11 comments:

  1. This is very interesting, You’re a very skilled blogger. I have joined your feed and look forward to seeking more of your great post. Also, I have shared your web site in my social networks!
    Tech Gifts and Gadgets

    ReplyDelete
  2. Actually, in 2016 fraudsters had the option to grab $16 billion from in excess of 15 million casualties in the only us, as per an investigation by New Javelin Strategy and Research.

    Freekbuzz

    ReplyDelete
  3. Hello, Such A Nice Article. Great Share. Also, if You Are Looking for sofas reviews and Guides. then you can checkout here.
    https://sofareviewsguide.puzl.com/
    https://bestkidscouchreviews.blogspot.com/

    ReplyDelete
  4. Thanks for sharing the blog, seems to be interesting and informative too.


    Term Insurance Calculator

    ReplyDelete
  5. Superb Share!!!Max Bupa Health Insurance company provides a wide range of health insurance plans to manage financial opportunities in medical emergencies.Max Bupa Health Insurance Review says that their policyholders offer insurance support for all their clients.

    ReplyDelete
  6. your blog is too good !! wisdom capital provides best Demat Account in India is the first thing that is needed to start share trading. Most beginners find it confusing as to what is a Demat account and which is the best Demat Account. Demat Account is a digital storage account that stores shares in digital mode. Recall a bank account- what it does- it stores to cash in digital mode.

    ReplyDelete
  7. Too great article !! Wisdom Capital is a genuine best discount broker in India. As per the research and analysis, we found the broker as trustworthy online discount broker. For your knowledge, it is also trending as the best stock broker in India. Its distinctive idea is well admired by numerous traders across the country. They can positively enjoy the free trading offered in one of lowest brokerage charges in india.

    ReplyDelete
  8. Awesome and interesting article. Great things you've always shared with us. Thanks. Keep sharing.
    Family Health Insurance Premium Calculator

    ReplyDelete
  9. Thanks for sharing this Amazing content. I really appreciate your efforts.!! According to our study and analysis, the broker is a reliable online best discount brokers in India 2022. To your information online best stock broker in india 2022 it is also regarded as lowest brokerage and high exposure broker in india 2022. The Demat Account in India is the initial requirement for beginning share trading. The majority of newcomers are perplexed as to what a Demat account is and here is the list of top 10 online best Demat account in India 2022. A Demat account is a digital storage account where shares are kept in digital format. Consider a bank account. Its purpose is to hold money in digital form. For more details about list of top 10 online Best Trading App In India 2022 please visit

    ReplyDelete