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Nitto Enterprises v.

National Labor Relations


Commission
FACTS: Nitto Enterprises hired Roberto Capili as an
apprentice machinist, molder and core maker as
evidence by an apprenticeship agreement for a period of
si months! "hile he #as handling a piece of glass, he
accidentally hit and in$%red the leg of an office secretary!
&n the same day, he accidentally in$%red himself #hen
he entered the #orkshop #hich #as not his #ork station
and operated one of the machines #itho%t a%thority!
Nitto Enterprises paid for the medication of Capili! The
follo#ing day, Capili #as asked to resign in a letter! 'e
then eec%ted a (%itclaim and Release in favor of Nitto
Enterprises! 'e then filed a complaint before the N)RC
Arbitration *ranch of NCR for illegal dismissal and
payment of other monetary benefits!
The )abor Arbiter rendered his decision finding the
termination of Capili as valid and dismissed the money
claims! 'e gave t#o reasons for the r%ling:
+! Capili #ho #as hired as an apprentice violated
the terms of their agreement #hen he acted #ith
gross negligence
,! Capili has sho#n that he does not have the
proper attit%de in employment partic%larly the
handling of machines #itho%t a%thority and
proper training
The N)RC reversed the decision of the )abor Arbiter
and directed Nitto Enterprises to reinstate Capili! The
N)RC declared Capili #as a reg%lar employee of Nitto
Enterprises beca%se the apprenticeship agreement #as
filed #ith the -epartment of )abor and Employment a
month after Capili #as hired as an apprentice!
Therefore, Capili #as Nitto.s reg%lar employee #hen he
#as hired! /etitioner filed a motion for reconsideration
b%t it #as denied!
0SS1E:
+! "2N Capili is an apprentice of Nitto Enterprises
,! "2N Capili #as illegally dismissed
'E)-:
1. Capili is not an apprentice of Nitto Enterprises
The petitioner did not comply #ith the re3%irements of
the la#! /rior approval by the -epartment of )abor and
Employment of the proposed apprenticeship program is
a condition sine qua non before an apprenticeship
agreement can be validly entered into!
Since the apprenticeship agreement bet#een Nitto
Enterprises and Capili has no force and effect in the
absence of a valid apprenticeship program d%ly
approved by the -&)E, Capili.s assertion that he #as
hired not an apprentice b%t as a delivery boy deserves
credence! 'e sho%ld be rightly be considered as a
reg%lar employee of Nitto!
2. Capili was illegally dismissed
Nitto Enterprises failed to comply #ith the t#in
re3%irements of notice and hearing by affording Capili
amply time and opport%nity to be heard and to defend
himself #ith the assistance of co%nsel, if desired! 0n this
case, Capili #as asked to resign b%t there s%ch
resignation #as not vol%ntary and deliberate! Therefore,
an employee #ho is forced to resign is considered to
have been illegally dismissed!