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    Labor Arbiter Hit For Junking Ex-Workers' Case Vs Nakayama - Davao Today

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    Mi Ley
    Labor arbiter Franico Maskariño was criticized for rejecting the case of 84 workers who were dismissed from the Japanese-owned Nakayama Technology Corporation in Digos City. The workers claimed they were illegally dismissed in August 2015 after the company failed to follow through on promises to regularize them. Maskariño ruled the workers were project employees and their dismissals were legal. This decision sets a precedent that makes it harder for workers to fight for regularization and benefits. The labor group KMU said this highlights issues with the labor justice system favoring companies over workers.

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    Labor Arbiter Hit For Junking Ex-Workers' Case Vs Nakayama - Davao Today

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    Mi Ley
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    Labor arbiter Franico Maskariño was criticized for rejecting the case of 84 workers who were dismissed from the Japanese-owned Nakayama Technology Corporation in Digos City. The workers claimed they were illegally dismissed in August 2015 after the company failed to follow through on promises to regularize them. Maskariño ruled the workers were project employees and their dismissals were legal. This decision sets a precedent that makes it harder for workers to fight for regularization and benefits. The labor group KMU said this highlights issues with the labor justice system favoring companies over workers.

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    LAbor Arbiter

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    Labor Arbiter Hit for Junking Ex-workers’ Case vs Nakayama _ Davao Today

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    Labor arbiter Franico Maskariño was criticized for rejecting the case of 84 workers who were dismissed from the Japanese-owned Nakayama Technology Corporation in Digos City. The workers claimed they were illegally dismissed in August 2015 after the company failed to follow through on promises to regularize them. Maskariño ruled the workers were project employees and their dismissals were legal. This decision sets a precedent that makes it harder for workers to fight for regularization and benefits. The labor group KMU said this highlights issues with the labor justice system favoring companies over workers.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    26 views2 pages

    Labor Arbiter Hit For Junking Ex-Workers' Case Vs Nakayama - Davao Today

    Uploaded by

    Mi Ley
    Labor arbiter Franico Maskariño was criticized for rejecting the case of 84 workers who were dismissed from the Japanese-owned Nakayama Technology Corporation in Digos City. The workers claimed they were illegally dismissed in August 2015 after the company failed to follow through on promises to regularize them. Maskariño ruled the workers were project employees and their dismissals were legal. This decision sets a precedent that makes it harder for workers to fight for regularization and benefits. The labor group KMU said this highlights issues with the labor justice system favoring companies over workers.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    (http://davaotoday.

    com/main)

    Labor arbiter hit for


    junking ex-workers case vs
    Nakayama
    Mar.08,2016 ZEA IO MING C. CAPISTRANO
    (HTTP://DAVAOTODAY.COM/MAIN/AUTHOR/ZEACORREA/)

    ANGER.SackedworkersofaJapaneseownedcompanyinDigosCitystageaprotestbeforetheNationalLabor
    RelationCommissionRegionalArbitrationBranchXIinDavaoCityonMonday,March7.Thegovernmentbody
    recentlyjunkedtheircomplaintagainsttheirformeremployer.(Contributedphoto)

    DAVAOCITYMilitantlaborgroupKilusangMayoUno(KMU)on
    Monday,March7,criticizedalaborarbitersdecisiontojunka
    complaintofsome84dismissedworkersofaJapaneseowned
    companyinDigosCity,sayingitwasdonepartially.
    Inastatement,KMUspokespersonCarloOlalosaidtheNational
    LaborRelationsCommissionRegionalArbitrationBranchXI(NLRC
    RABXI)sdecisionwasunfaironbehalfofthesackedworkers
    whomtheybelievewereillegallydismissed.

    HOME

    OlalowasreferringtoaFebruary11,2016decisionsignedbyLabor
    ArbiterFranicoMaskariosdecision.
    ThecasecameafterNakayamaTechnologyCorporationinDigos
    City,DavaodelSurdismissed157ofitsworkersonAugust3,2015.
    Theceramictileexporterpromisedtoregularizethem,butlater
    backtrackedandmadethemsignquitclaimsandnewcontracts
    instead.

    Outofthe157workers,84workersdidnotsigntheirquitclaimsand
    submittedtheirappealbeforetheNLRC.
    Read:Japanesefirmworkersslamillegaldismissalof100
    colleagues(http://davaotoday.com/main/human
    rights/japanesefirmworkersslamillegaldismissalof

    rights/japanesefirmworkersslamillegaldismissalof
    100colleagues/)
    AccordingtoOlalo,thosewhorefusedtosignthedocumentswere
    sacked.
    ThedismissalsignaledconciliationeffortsbytheDepartmentof
    LaborandEmploymentwhichlaterboggeddown,hence,thefiling
    oftheillegaldismissalcase,hesaid.
    Junked
    ButtheworkerslosthopewheninFebruary,theNLRCruledin
    favoroftheiremployer.
    Intheruling,theNLRCsaidwhilecomplainantsmaycontendthat
    theyhavebeenemployedforacontinuouslengthoftimesuchas
    theiremploymentmaybeconsideredasregular,sufficeittosaythat
    Article280oftheLaborCodeprovidingthatanemployeewhohas
    servedforatleastoneyearshallbeconsideredaregularemployee
    relatesonlytocasualemployeesandnottoprojectemployees.
    Italsoruledthattheemployeesareonlyprojectemployeesbecause
    theiremploymentswereapparentlyfixedforadefiniteperiodupon
    completionofthespecificphaseorproject,whichwasspecified,
    determinedandmadeknowntothemcomplainantsupontheir
    engagement.
    Thesackedworkerscomplainedlackedmerit,accordingtothe
    decision.
    OnMonday,theerstwhileworkersofNakayamaappealedbeforethe
    NLRCandstagedaprotestagainstwhattheycalledanundoubtedly
    partialdecision.
    NotthefirsttimeNLRCfailedus

    TO TOP

    ThelaborgroupsaidthatthisisnotthefirsttimeMaskarioruled
    againsttheworkers,ashealsowroteadecisionwhichjunkeda
    complaintfiledbyworkersofElmarCocoServicesin2015.
    OlalosaidMaskariosdecisionsmakeadangerousprecedentto
    workersfightagainstregularization,whichunderthelaw,provides
    thatifaworkerisemployedforsixmonthsandoneday,heorshe
    shouldbeconsideredaregularworkerandclaimallrightsand
    benefitsdueregularstatus.
    Thismerelyshowshowthelaborjusticesysteminthecountryis
    skewedagainsttheinterestsofthesectoritshouldbepartialto
    andthatistheworkers.Weconsiderthisdecisionasasignificant
    indictmentofthelaborjusticesystemandhopethattheworkerswill
    prevailuponappeal,headded.(davaotoday.com)
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