GMA talents declared as regular employees by labor arbiter
The Talents Association of GMA (TAG) wins its regularization case at the Labor Arbiter level of the National Labor Relations Commission (NLRC).
In a resolution signed by Labor Arbiter Julio Gayaman on June 22, 2015, the 107 talents were declared “regular employees of GMA Network Inc. and as such are entitled to security of tenure and all benefits and rights appurtenant thereto.”
(READ THE WHOLE DECISION HERE: [News] NLRC Decision for TAG vs GMA Network (June 22, 2015))
According to the resolution, TAG has proven that its members are necessary and desirable to GMA’s operations. It also said that the Talent Contract that establishes no employer-employee relationship is not legally binding.
It says “the employment status of a person is defined and prescribed by law and not by what the parties say it should be.” The labor arbiter agrees with TAG in its position that based on Article 280 of the Labor Code, its members are employees of the Network.
The labor arbiter also orders GMA Network to reinstate the workers it has dismissed. This order is immediately executory even pending an appeal.
GMA Network Inc. can appeal with the Commission within 10 calendar days from receipt of the resolution.
If and when GMA appeals the resolution, the case will be elevated to the Committee level of the NLRC.
The case can reach the Regional Trial Court and can go as high as the Supreme Court should it be appealed by whichever party.
Media observers estimate that it can last up to 5 years.
What does this mean? It means that there’s still a long way to go.
But we say this again: we are committed to see this fight through.
We will continue to exhaust all legal means to prove we are employees. We will once again take this fight to the streets if we have to.
We will continue our campaign to inform the public of the labor plight of media practitioners. And we will continue to call on the Congress and government agencies to address this issue that has long oppressed the labor force.
Simply put: we are in this for the long haul.
We share this victory with our colleagues in the industry who remain enslaved to this rotten system, and all other contractual workers in the country.
We will continue to fight so we may win for you, too.
Today, we win one battle.
It may as well be one of the most imporant news we’ll break. And we will stay on until the day we can finally say — the fight is over, we prevailed.