makati haberdashery vs nlrc

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Makati Haberdashery, Inc. vs. NLRC G.R. Nos. 83380-81, November 15, 1989 Facts: Private respondents, have been working for Makati Haberdashery, Inc. as tailors, seamstress, sewers, basters (manlililip) and "plantsadoras". They are paid on a piece-rate basis except two workers who are paid on a monthly basis. In addition to their piece-rate, they are given a daily allowance of three (P 3.00) pesos provided they report for work before 9:30 a.m. everyday. Private respondents are required to work from or before 9:30 a.m. up to 6:00 or 7:00 p.m. from Monday to Saturday and during peak periods even on Sundays and holidays. The Sandigan ng Manggagawang Pilipino, a labor organization of the respondent workers, filed a complaint(a) underpayment of the basic wage; (b) underpayment of living allowance; (c) non-payment of overtime work and other money claims. The Labor Arbiter decided in favor of the complainants which was further affirmed by the NLRC. Petitioners filed the petition contending that public respondents were erroneous in concluding that an employer- employee relationship exist between Haberdashery and the private respondents. Issue: Whether or not an employer-employee relationship exists between petitioner haberdashery and respondents workers. Held: The facts indubitably reveal that the most important requisite of control is present. As gleaned from the operations of petitioner, when a customer enters into a contract with the haberdashery or its proprietor, the latter directs an employee who may be a tailor, pattern maker, sewer or "plantsadora" to take the customer's measurements, and to sew the pants, coat or shirt as specified by the customer. Supervision is actively manifested in all these aspects — the manner and quality of cutting, sewing and ironing. Furthermore, the presence of control is immediately evident in a memorandum issued by Assistant Manager which requires workers comply

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Makati Haberdashery, Inc. vs. NLRCG.R. Nos. 83380-81, November 15, 1989Facts:Private respondents, have been working for Makati Haberdashery, Inc. as tailors, seamstress, sewers, basters (manlililip) and "plantsadoras". They are paid on a piece-rate basis except two workers who are paid on a monthly basis. In addition to their piece-rate, they are given a daily allowance of three (P 3.00) pesos provided they report for work before 9:30 a.m. everyday.Private respondents are required to work from or before 9:30 a.m. up to 6:00 or 7:00 p.m. from Monday to Saturday and during peak periods even on Sundays and holidays.The Sandigan ng Manggagawang Pilipino, a labor organization of the respondent workers, filed a complaint(a) underpayment of the basic wage; (b) underpayment of living allowance; (c) non-payment of overtime work and other money claims.The Labor Arbiter decided in favor of the complainants which was further affirmed by the NLRC. Petitioners filed the petition contending that public respondents were erroneous in concluding that an employer-employee relationship exist between Haberdashery and the private respondents.Issue:Whether or not an employer-employee relationship exists between petitioner haberdashery and respondents workers.Held:The facts indubitably reveal that the most important requisite of control is present. As gleaned from the operations of petitioner, when a customer enters into a contract with the haberdashery or its proprietor, the latter directs an employee who may be a tailor, pattern maker, sewer or "plantsadora" to take the customer's measurements, and to sew the pants, coat or shirt as specified by the customer. Supervision is actively manifested in all these aspects the manner and quality of cutting, sewing and ironing.Furthermore, the presence of control is immediately evident in a memorandum issued by Assistant Manager which requires workers comply with the following directives: To follow instructions only from specific persons; before accepting the job orders tailors must check the materials, job orders, due dates and other things to maximize the efficiency of production; all job orders must be finished one day before the due date; alteration-Before accepting alteration person attending on customers must ask first or must advise the tailors regarding the due date; any tailor violating the memorandum will be subject to disciplinary action.It is evident that petitioner has reserved the right to control its employees not only as to the result but also the means and methods by which the same are to be accomplished.