Court affirms ruling: GMA talents are regular employees

APPEAL REJECTED The 97 talents remaining with GMA Network who have been regularized by the Court of Appeals’ February ruling can stay put with the tribunal’s rejection on Monday of the broadcaster’s appeal. If GMA raises the dispute to the Supreme Court, the talents say they will fight there, too. —GRIG C. MONTEGRANDE

The Court of Appeals has affirmed its February ruling that declared about 100 talents of GMA Network as regular employees.

In a two-page resolution dated Nov. 25, the appeals court’s former Special 14th Division denied the motion for reconsideration filed by GMA and its board chair and chief executive officer, Felipe Gozon, for failing to present new arguments.

“After a careful consideration, we find the arguments set forth therein to be plain reiterations of those issues already deliberated and passed upon. We thus find no compelling reason that warrants a modification much less a reversal of the assailed decision,” the court said.

‘Indisputably regular’

All the magistrates in the division—Justices Zenaida Galapate-Laguilles, Mario Lopez and Gabriel Robeniol—signed the resolution.

In a statement, the petitioners’ group, Talents Association of GMA, welcomed the appeals court’s decision, saying it “only confirms, and reiterates” what has been said before by the court itself, the labor arbiter and the National Labor Relations Commission (NLRC) that “we are, indisputably, regular employees of GMA Network.”

“That GMA continues to contest this, with its arsenal of lawyers, only reflects its values as a company that claims its ‘people are our best assets.’ That we are continuing to pursue this case, with meager resources, reflects our commitment to push for better labor conditions in the media industry, no matter how long it takes, no matter where this goes,” it added.

The group said it was ready to face the network should it decide to elevate the case to the Supreme Court.

“If GMA takes the option to appeal the decision to the Supreme Court, we will welcome the opportunity to present our case to the high court, and hopefully carve out jurisprudence that can benefit not just media workers, but all contractual workers in the country,” it said.

In its Feb. 20 ruling, the appeals court denied GMA’s claim that there was no employer-employee relationship between it and the talents.

Ultimate proof

The justices, however, said the talents’ work was integral in the business of being a television network. It noted that the former employees were under the control and supervision of GMA, the ultimate proof that they were employees.

“[T]he presumption is that when the work done is an integral part of the regular business of the employer and when the worker, relative to the employer, does not furnish an independent business or professional service, such work is a regular employment of such employee and not an independent contractor,” the justices said.

The petitioners, who were hired between 2003 and 2013, went to the NLRC after GMA required them in 2014 to register with the Bureau of Internal Revenue as independent contractors and issue receipts for the talent fees being paid to them.

The ruling regularized 97 talents who remained employed with GMA; eight others who have resigned were also declared regular employees and awarded benefits appropriate to their status.

Most of the petitioners are segment producers, writers and researchers for various programs in the broadcasting company.