Employee-Employer Relationship for Radio Program Host

- There is no employee-employer relationship for radio program host

Radio program host is a person who works for a radio station and presents a radio
show alone or with another person. Radio shows may contain live or recorded guest
interviews as well as audience input, so the presenter must be able to encourage
listeners to contribute their ideas and opinions while maintaining control of the
broadcast.
In the case of, FILIPINAS BROADCASTING NETWORK, INC. vs. NATIONAL
LABOR RELATIONS COMMISION and SIMEON MAPA JR, G.R. No. 118892, the issue
therein is whether or not there was an employer-employee relationship between the
parties.
The complainant (herein private respondent) began to work for the respondent as a
radio reporter starting March 11, 1990. On May 14, 1990, upon being informed by then
respondents Station Manager, Mr. Plaridel Brocales, that complainant’s employment
with respondent is being blocked by Ms. Brenda Bayona of DZGB, complainant’s
previous employer, the said complainant took a leave of absence. Respondent did not
pay the complainant for all the services rendered by the latter from March 11, 1990, up
to January 16, 1992.
This Arbitration Branch, based on the facts and circumstances established by the
parties in this case is inclined to believe that complaint Simeon M. Mapa, Jr., had not
been an employee of the respondent DZRC Radio Station before February 16, 1992.He
was but a volunteer reporter when accommodated to air his report on the respondent
radio station as his application for employment with the respondent radio station as his
application for employment with the respondent as field reporter had not been accepted
yet or approved before February, 1992. There were no employer-employee relations
that existed between the complainant and the respondent since March 11, 1990, until
February 16, 1992.

The existence of employer employee relationship is determined by the following

elements, namely: 1) selection and engagement of the employee; 2) the payment of
wages; 3) the power of dismissal; and 4) the power to control employees conduct
although the latter is the most important element. (Rosario Brothers, Inc. vs. Ople, 131
SCRA 72)

Considering the totality of the evidence adduced by the parties, the complainant is a
regular reporter of the respondent. Firstly, the work of the complainant is being
supervised by the program supervisor of the respondent; secondly, the complainant
uses the reporting gadgets of the respondent. Thirdly, he has no reporting gadgets of
his own; Fourthly, the program schedule is prepared by the respondent; and lastly, he
was paid salary for the period for the period from February 16 to 29, 1992 and covered
under the Social Security System. There is no showing in the record that his work from
February 16, 1992, was different from his work before the said period.

The most crucial test the control test demonstrates all too clearly the absence of an
employee-employee relationship. No one at the DZRC had the power to regulate or
control private respondents’ activities or inputs. Unlike the regular reporters, he was not
subject to any supervision by petitioner or its officials.
Indubitably, the NLRC based its findings of employer-employee relationship from the
circumstances attendant when private respondent was already a regular employee.

REFERENCE:
Sokanu. (n.d.). What does a radio talk show host do?

https://www.careerexplorer.com/careers/radio-talk-show-host/#:~:text=A

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