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Labor Dispute: Minsola vs. New City

This document summarizes a Philippine Supreme Court case from 2018 regarding an employee, Reyman Minsola, filing a complaint for illegal dismissal against his employer, New City Builders, Inc. and one of its engineers. The court recognized the employer's right to hire project-based employees and end their employment once projects are completed, but also the need to inform employees properly of the nature and terms of their employment. While Minsola was initially hired and terminated for the structural phase of a project, he was rehired for the next phase. However, issues arose when his employment records were found to be incomplete and he refused to update them, leading to his termination. The court ultimately dismissed his complaint for illegal dismissal.

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153 views2 pages

Labor Dispute: Minsola vs. New City

This document summarizes a Philippine Supreme Court case from 2018 regarding an employee, Reyman Minsola, filing a complaint for illegal dismissal against his employer, New City Builders, Inc. and one of its engineers. The court recognized the employer's right to hire project-based employees and end their employment once projects are completed, but also the need to inform employees properly of the nature and terms of their employment. While Minsola was initially hired and terminated for the structural phase of a project, he was rehired for the next phase. However, issues arose when his employment records were found to be incomplete and he refused to update them, leading to his termination. The court ultimately dismissed his complaint for illegal dismissal.

Uploaded by

amadieu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as ODT, PDF, TXT or read online on Scribd
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Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 2018 > January 2018 Decisions > G.R. No. 207613,
January 31, 2018 - REYMAN G. MINSOLA, Petitioner, v. NEW CITY BUILDERS, INC. AND ENGR. ERNEL
FAJARDO, Respondents.:

G.R. No. 207613, January 31, 2018 - REYMAN G. MINSOLA, Petitioner, v. NEW CITY BUILDERS, INC.
AND ENGR. ERNEL FAJARDO, Respondents.

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 207613, January 31, 2018

REYMAN G. MINSOLA, Petitioner, v. NEW CITY BUILDERS, INC. AND ENGR. ERNEL FAJARDO,
Respondents.

DECISION

REYES, JR., J.:

In labor cases, the courts are tasked with the delicate act of balancing the employee's right to
security of tenure vis-à-vis the employer's right to freely exercise its management prerogatives. To
preserve this harmony, the court recognizes the right of an employer to hire project employees,
subject to the correlative obligation of sufficiently apprising the latter of the nature and terms of
their employment, and paying them the wages and monetary benefits that they are lawfully entitled
to.

This treats of the Petition for Review on Certiorari1 under Rule 45 of the Revised Rules of Court
seeking the reversal of the Decision2 dated December 21, 2012, and Resolution3 dated June 11,
2013, issued by the Court of Appeals (CA) in CA-G.R. SP No. 121129, which dismissed petitioner
Reyman G. Minsola's (Minsola) complaint for illegal dismissal.

The Antecedents

New City Builders, Inc. (New City) is a corporation duly organized under the laws of the Philippines
engaged in the construction business, specializing in structural and design works.4

On December 16, 2008, New City hired Minsola as a laborer for the structural phase of its Avida
Tower 3 Project (Avida 3).5 Minsola was given a salary of Two Hundred Sixty Pesos (Php 260.00) per
day.6 The employment contract stated that the duration of Minsola's employment will last until the
completion of the structural phase.7

Subsequently, on August 24, 2009, the structural phase of the Avida 3 was completed.8 Thus,
Minsola received a notice of termination, which stated that his employment shall be effectively
terminated at the end of working hours at 5:00 p.m. on even date.

On August 25, 2009, New City re-hired Minsola as a mason for the architectural phase of the Avida
3.9

Meanwhile, sometime in December 2009, upon reviewing Minsola's employment record, New City
noticed that Minsola had no appointment paper as a mason for the architectural phase.
Consequently, New City instructed Minsola to update his employment record. However, the latter
ignored New City's instructions, and continued to work without an appointment paper.

On January 20, 2010, Minsola was again summoned to the office of New City to sign his appointment
paper. Minsola adamantly refused to comply with the directive. He stormed out of the office, and
never reported back for work.10

On January 26, 2010, Minsola filed a Complaint for Illegal Dism

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