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    Jay Sonza Vs ABS-CBN

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    Jd Baybayan
    Jay Sonza filed a complaint against ABS-CBN claiming unpaid salaries, separation pay, and other compensation owed as an employee. ABS-CBN claimed no employer-employee relationship existed. The Supreme Court denied the petition, finding that while Sonza worked exclusively for ABS-CBN, the company did not exercise enough control and supervision over Sonza's work as a television and radio host, a role requiring special skills. As an independent contractor utilizing his own talents with minimal oversight, no employer-employee relationship was established between Sonza and ABS-CBN.

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    Jay Sonza Vs ABS-CBN

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    Jd Baybayan
    24 views1 page
    Jay Sonza filed a complaint against ABS-CBN claiming unpaid salaries, separation pay, and other compensation owed as an employee. ABS-CBN claimed no employer-employee relationship existed. The Supreme Court denied the petition, finding that while Sonza worked exclusively for ABS-CBN, the company did not exercise enough control and supervision over Sonza's work as a television and radio host, a role requiring special skills. As an independent contractor utilizing his own talents with minimal oversight, no employer-employee relationship was established between Sonza and ABS-CBN.

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    labor law

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    Jay Sonza vs ABS-CBN

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    Jay Sonza filed a complaint against ABS-CBN claiming unpaid salaries, separation pay, and other compensation owed as an employee. ABS-CBN claimed no employer-employee relationship existed. The Supreme Court denied the petition, finding that while Sonza worked exclusively for ABS-CBN, the company did not exercise enough control and supervision over Sonza's work as a television and radio host, a role requiring special skills. As an independent contractor utilizing his own talents with minimal oversight, no employer-employee relationship was established between Sonza and ABS-CBN.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Jay Sonza Vs ABS-CBN

    Uploaded by

    Jd Baybayan
    Jay Sonza filed a complaint against ABS-CBN claiming unpaid salaries, separation pay, and other compensation owed as an employee. ABS-CBN claimed no employer-employee relationship existed. The Supreme Court denied the petition, finding that while Sonza worked exclusively for ABS-CBN, the company did not exercise enough control and supervision over Sonza's work as a television and radio host, a role requiring special skills. As an independent contractor utilizing his own talents with minimal oversight, no employer-employee relationship was established between Sonza and ABS-CBN.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Baybayan, John Daniel R.

    LAB1-2B1
    Jay Sonza vs ABS-CBN , GR No. 138051, 10 June 2004)
    Topic: ER-EE
    FACTS: Respondent, ABS CBN Broadcasting Corporation signed an “Agreement” with
    Mel and Jay Management Development Corporation (MJMDC). Sonza and MJMDC
    entered into an agreement for SONZA's services to be provided exclusively to ABS-CBN
    as talent for radio and television. The respondent was represented by its corporate
    officers while MJMDC were represented by Sonza and Carmela Tiangco as the President
    and general manager and EVP and Treasurer respectively. Sonza, then, wrote a letter
    to ABS CBN’s President, Eugenio Lopez III, irrevocably resigning due to some events
    concerning his programs and career. As a result of the company's alleged violation of
    the agreement, a notice of rescission of the agreement was sent. Sonza, then, filed a
    complaint against ABS-CBN before the National Capital Region Department of Labor and
    Employment in Quezon City. SONZA claimed that ABS-CBN failed to pay his salaries,
    separation pay, service incentive leave pays, 13th month pay, signing bonus, travel
    allowance, and ESOP sums owed. After that, ABS-CBN filed a Motion to Dismiss on the
    ground that no employer-employee relationship existed between the parties. SONZA
    filed an Opposition to the motion.
    ISSUE: Whether or not there was an employer-employee relationship between the
    parties.
    RATIO: Petition denied. There is NO employer-employee relationship between Sonza
    and ABS CBN. Applying the control test to the present case, it is found that Sonza is not
    an employee but an independent contractor. The control test is vital in determining an
    employee from an independent contractor. This test is based on the extent of control
    the hirer exercises over a worker. The greater the supervision and control the hirer
    exercises, the more likely the worker is deemed an employee. The converse holds true
    as well the less control the hirer exercises, the more likely the worker is considered an
    independent contractor. A radio broadcast specialist who works under minimal
    supervision is an independent contractor. Sonza’s work as television and radio program
    host required special skills and talent, which Sonza admittedly possesses. The records
    do not show that ABS-CBN exercised any supervision and control over how Sonza
    utilized his skills and talent in his shows. Being an exclusive talent does not by itself
    mean that Sonza is an employee of ABS-CBN. Even an independent contractor can
    validly provide his services exclusively to the hiring party. In the broadcast industry,
    exclusivity is not necessarily the same as control.

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