GR 239349; (June, 2021) (Digest)
G.R. No. 239349 , June 28, 2021
Dynamiq Multi-Resources, Inc., Petitioner, vs. Orlando D. Genon, Respondent.
FACTS
Orlando Genon worked as a truck driver for Dynamiq Multi-Resources, Inc., a hauling business, from September 10, 2009, until his resignation on June 3, 2014. He filed an Amended Complaint for non-payment of 13th month pay, illegal deductions (cash bond, insurance, phone bills), moral and exemplary damages, and attorney’s fees. Genon claimed he worked Monday to Saturday, received salary every 15th of the month, and upon resignation, Dynamiq refused to return his cash bond and other deductions and did not give 13th month pay during his employment. He submitted driver’s itineraries and pay slips as evidence. Dynamiq contended that an “Agreement” showed Genon was an independent contractor paid on commission basis, not entitled to 13th month pay, and that deductions were per agreement; it also claimed the cash bond was returned less cash advances.
The Labor Arbiter found Genon to be a regular employee and awarded him monetary claims. The NLRC reversed the Labor Arbiter, dismissing the complaint. The Court of Appeals granted Genon’s petition, reversing the NLRC and reinstating with modification the Labor Arbiter’s Decision, ordering payment of 13th month pay, refund of cash bond, attorney’s fees, and legal interest. Dynamiq filed a Petition for Review before the Supreme Court.
ISSUE
Whether Orlando Genon is a regular employee entitled to 13th month pay.
RULING
Yes. The Supreme Court affirmed the Court of Appeals Decision. Genon is a regular employee of Dynamiq, and as a rank-and-file employee, he is entitled to 13th month pay under Presidential Decree No. 851. The four-fold test for employer-employee relationship is present: (1) Dynamiq hired Genon; (2) Genon received compensation from Dynamiq (payment on a “per trip” or commission basis is merely a method of computing wages and does not negate employment); (3) Dynamiq had the power to dismiss; and (4) Dynamiq had the power of control, evidenced by its ownership of the trucks, Genon’s exclusive service to Dynamiq’s clients, and Dynamiq’s determination and monitoring of schedules and routes. Genon performed activities usually desirable in Dynamiq’s hauling business for over a year, making him a regular employee. The monetary awards (13th month pay for specific periods, cash bond refund, attorney’s fees, and legal interest) were upheld.