‘Plain as day, GMA talents are regular employees’ – SC

“Plain as day, there exists an employer-employee relationship between GMA and respondent.”

CAGAYAN DE ORO —  Talents of broadcasting firm GMA secured legal victory in their 11-year-old labor case against the giant network after the Supreme Court (SC) affirmed earlier decisions declaring 94 members of the Talents Association of GMA (TAG) as regular employees.

These workers served as production assistants, researchers, writers, producers, artists, coordinators, and cameramen behind some of the most prominent GMA news and public affairs programs.

In a statement, TAG welcomed the high court decision. The ruling, the group stressed, underscored the need for broadcast networks to abolish the long-standing practice of contractualization in the form of a talent system.

“It is time to protect Filipino media workers,” it said. “This should not have cost us this much to fight. But we are glad we did.”

Read: GMA talents launch work stoppage, protest vs. contractual labor

The SC ruled that the complainants were not independent contractors since they were “not free from control or direction of GMA.”

It cited a specific responsibility of the talents from their agreement, where they shall attend every production of the program according to schedules as may be set by the network. This term, the high court said, belied GMA’s assertion that talents work flexible hours and have the liberty to work online.

The prohibition of talents from offering services to other broadcasting firms also prevented them from having an independent business from GMA. 

Moreover, GMA’s repeated renewal of complainants’ services strengthened the judgement that their work is necessary to the operation.

“Plain as day, there exists an employer-employee relationship between GMA and respondent,” SC said in its decision. “Ineludibly, respondents ought to be considered as regular employees.”

The high court also found the dismissal of 50 complainants unlawful. GMA argued that 15 of these talents were validly dismissed due to unauthorized absences, while the contracts of the 35 others expired.

The court said terminating the agreement of 15 talents was “too harsh” of a penalty considering there were no records that they committed previous offenses of the same nature. For the 35 others, the SC said no written notice of renewal was given by GMA.

Hence, it ruled that they will be entitled to reinstatement without loss of seniority rights and privileges. If this is no longer an option, they shall be awarded separation pay and backwages from the dismissal date until the finality of the SC resolution.

Concerned workers filed a regularization case before the National Labor Relations Commission (NLRC) in 2014 after GMA informed them that they were required to be registered as independent contractors pursuant to a regulation of the Bureau of Internal Revenue.

The NLRC, including the Court of Appeals, also ruled that GMA talents are regular employees.

TAG recalled the emotional and mental suffering of its members, saying filing the case was not an easy decision. “We saw our friends leave one by one, their sudden departures heavily impacting livelihoods and careers, when all we ever wanted was to tell stories for the Filipino people,” it said.

Read: It’s bleak Christmas for GMA 7 talents

The group also welcomed the SC decision with sadness, as James Arce, one of the complainants, died in 2023 without witnessing the victory.

TAG President Christian Bochee Cabaluna told Bulatlat that there are at least 20 members of the organization who are still working at GMA. 

He said they are not seeing any reason that the network could not comply with the SC decision. Upon finality of this resolution, he said they will rush to a labor arbiter to fully realize the high court ruling.

“We only adhere to the law because the benefits that TAG members can get are very clear and detailed,” Cabaluna told Bulatlat in Filipino.

This victory, the group said, serves as their gift to the next generation. 

In a statement, the National Union of Journalists of the Philippines (NUJP) congratulated TAG. “It is also proof that when we dare to fight, we can win,” the group said.
The NUJP said GMA should refrain from opposing the decision and instead abide by the SC ruling and fulfill its obligations to media workers. “That the case dragged on for more than a decade is shameful enough. Our colleagues deserve what they are owed for their serbisyong totoo. (genuine service)” (RVO)

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