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  • Labor Union Dispute Over Employee Dismissals

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    PeanutButter 'n Jelly
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    Two workers were dismissed from a basket factory for participating in union activities. The CIR ruled in favor of the employer, claiming one worker was not an employee. On appeal, the court found an employee-employer relationship did exist. Though one worker was paid per piece, the employer exercised control over the workers by setting specifications for the baskets. Working at the employer's establishment allowed for easy control. The court concluded an employee-employer relationship existed between the workers and basket factory owner.

    Original Description:

    DY KEH BENG vs. INTERNATIONAL LABOR and MARINE UNION OF THE PHILIPPINES

    Original Title

    DY KEH BENG vs. INTERNATIONAL LABOR and MARINE UNION OF THE PHILIPPINES

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    Two workers were dismissed from a basket factory for participating in union activities. The CIR ruled in favor of the employer, claiming one worker was not an employee. On appeal, the court found an employee-employer relationship did exist. Though one worker was paid per piece, the employer exercised control over the workers by setting specifications for the baskets. Working at the employer's establishment allowed for easy control. The court concluded an employee-employer relationship existed between the workers and basket factory owner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    96 views1 page

    Labor Union Dispute Over Employee Dismissals

    Uploaded by

    PeanutButter 'n Jelly
    Two workers were dismissed from a basket factory for participating in union activities. The CIR ruled in favor of the employer, claiming one worker was not an employee. On appeal, the court found an employee-employer relationship did exist. Though one worker was paid per piece, the employer exercised control over the workers by setting specifications for the baskets. Working at the employer's establishment allowed for easy control. The court concluded an employee-employer relationship existed between the workers and basket factory owner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    DY KEH BENG vs.

    INTERNATIONAL LABOR and MARINE UNION OF THE PHILIPPINES


    Facts:

    A charge of unfair labor practice was led against Dy Keh Beng, proprietor of
    a basket factory for dismissing 2 of his workers for the latters participation in
    union activities. Filed before the CIR on behalf of International Labor and
    Marine Union of the Philippines and two of its members, Solano and Tudla.
    In his answer, Dy Keh Beng contended that he did not know Tudla and that
    Solano was not his employee because the latter came to the establishment
    only when there was work which he did on pakiaw basis, each piece of work
    being done under a separate contract.
    After trial, the hearing officer of CIR rendered a decision in favor of the
    respondent, although Solano was admitted to have worked on piece basis.

    Issue:

    Whether or not there existed an employee-employer relationship between the


    petitioner and private respondent.

    Ruling:

    Yes.
    Petitioner really anchors his contention of the non-existence of employeeemployer relationship on the control test.
    Petitioner contends that the private respondents "did not meet the control
    test in the light
    of the . . . defnition of the terms employer and employee, because:
    - there was no evidence to show that petitioner had the right to direct the
    manner and method of respondent's work."
    - it is argued that petitioner's evidence showed that "Solano worked on a
    pakiaw basis" and that he stayed in the establishment only when there
    was work.
    Considering the fding by the Hearing Examiner that the establishment of Dy
    Keh Beng is "engaged in the manufacture of baskets known as kaing , it is
    natural to expect that those working under Dy would have to observe, among
    others, Dy's requirements of size and quality of the kaing . Some control
    would necessarily be exercised by Dy as the making of the kaing would be
    subject to Dy's specifications. Parenthetically, since the work on the baskets
    is done at Dy's establishments, it can be inferred that the proprietor Dy could
    easily exercise control on the men he employed.

    Case Digest by Rojas, Rina G. (Labor Standards EmployerEmployee Relationship)

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