Scribd
Upload
85 views1 page

Brotherhood vs. Zamora

Petitioners worked as loaders for a glass factory supervised by Camahort. They were not paid overtime or for work done on weekends and holidays. Petitioners organized a union to demand overtime and holiday pay, leading to some members being dismissed. The NLRC initially ruled in favor of the Petitioners receiving one year's salary, but the Secretary decided there was no employer-employee relationship. The Supreme Court granted the petition and ordered the factory to reinstate Petitioners with 3 years of back wages or separation pay equivalent to one month per year of service, finding an employer-employee relationship did exist.

Uploaded by

Joel G. Ayon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
85 views1 page

Brotherhood vs. Zamora

Petitioners worked as loaders for a glass factory supervised by Camahort. They were not paid overtime or for work done on weekends and holidays. Petitioners organized a union to demand overtime and holiday pay, leading to some members being dismissed. The NLRC initially ruled in favor of the Petitioners receiving one year's salary, but the Secretary decided there was no employer-employee relationship. The Supreme Court granted the petition and ordered the factory to reinstate Petitioners with 3 years of back wages or separation pay equivalent to one month per year of service, finding an employer-employee relationship did exist.

Uploaded by

Joel G. Ayon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 1

“Brotherhood” Labor Unity Movement of the Philippines vs.

Zamora
G.R. No. 48645, Jan. 7, 1987

Facts:

Petitioners have been reporting as loaders for San Miguel Parola Glass
Factory under the supervision of a certain Camahort. Job orders for work
came from Camahort and petitioners were also supplied with tools and other
equipment for the fulfillment of their duties. With the job orders being
dependent on the volume of production of the factory, work was not
necessarily 8 hours but at times petitioners would be asked to work more than
8 hours and at times also on Saturdays and Sundays They were not paid for
their overtime and rendered work during Saturdays and Sundays.
Petitioners organized and held union activities to push management to
pay for their overtime and holiday compensation as well as other grievances.
Some members were then dismissed from work due to their membership with
the union. Due to this, Petitioners filed a notice of strike on the Bureau of
Labor Relations and a meeting was held between the parties wherein
petitioners gave proposals for recognition and collective bargaining.
San Miguel refused to bargain with petitioners alleging that there was
no employer – employee relationship.
The NLRC heard the dispute and the arbiter decided in favor of the
Petitioners to receive one year salary. Upon appeal of SMC, the Secretary
stressed upon the decision that there was no employer – employee
relationship.
Thus the appeal of the petitoners.

Issue:
Whether or not the employer – employee relationship exists between
the “Brotherhood” Labor Union Movement and San Miguel Corporation?

Ruling:
The petition is granted. SMC was ordered to reinstate petitioners, with
three (3) years backwages. However, if reinstatement is no longer possible,
SMC is ordered to pay separation pay equivalent to one (1) month pay for
every year of service.

Ratio:
The question of whether an employer – employee relationship exists in
a certain situation continues to bedevil the courts. Some businessmen try to
avoid the bringing about of an employer – employee relationship in their
enterprises because that judicial relation spawns obligations connected with
workmen’s compensation, social security, medicare, termination pay, and
unionism.

You might also like