GR 71664; (February, 1992) (Digest)
G.R. No. 71664 February 28, 1992
Baguio Country Club Corporation, petitioner, vs. National Labor Relations Commission, Associated Labor Union (ALU) and Jimmy Calamba, respondents.
FACTS
Petitioner Baguio Country Club Corporation employed private respondent Jimmy Calamba on a day-to-day basis from October 1, 1979, to July 24, 1980, as a laborer and dishwasher. He was subsequently hired as a gardener from September 1, 1980, to October 1, 1980, and rehired in the same capacity from November 15, 1980, until his dismissal on January 4, 1981. His employment contracts stipulated his work was “on a day to day BASIS for a temporary period” and could be terminated anytime.
On August 3, 1981, Calamba, assisted by respondent Associated Labor Union, filed a complaint for illegal dismissal and non-payment of 13th-month pay. The Executive Labor Arbiter ruled in his favor, declaring him a regular employee entitled to reinstatement with full backwages and benefits. The National Labor Relations Commission affirmed this decision, prompting the Club to elevate the case via certiorari, arguing Calamba was merely a contractual or seasonal employee.
ISSUE
Whether or not Jimmy Calamba was a regular employee of Baguio Country Club Corporation, thereby entitling him to security of tenure.
RULING
The Supreme Court dismissed the petition and affirmed the NLRC resolution. The legal logic centered on the statutory definition of regular employment under Article 280 of the Labor Code. The Court emphasized that the determination of an employee’s status depends on the nature of the work performed and the continuity of service, not merely the stipulations in the employment contract.
Calamba performed tasks as a laborer, dishwasher, and gardener, which were necessary and indispensable to the Club’s business as a year-round recreational establishment. His service, rendered continuously on a staggered basis for over a year, cemented his regular status by operation of law. The Court held that a casual employee attains regular status after one year of service, regardless of the employer’s designation. The successive fixed-term contracts were deemed a subterfuge to circumvent security of tenure, which the law rigorously disapproves. Consequently, his dismissal without just cause and prior clearance from the Ministry of Labor was illegal.