G.R. No. 202015. July 13, 2016.
Valeroso and Legatona, from being direct hires of Skycable were transferred to Skill Plus Manpower Services. They were also informed that their commissions would be reduced due to the introduction of prepaid cards sold to cable subscribers resulting in lower monthly cable subscriptions. Dismayed, the petitioners informed Pasta, manager, of their intention to file a labor case with the NLRC. Pasta then informed them that they will be dropped from the roster of its account executives, which act, petitioners claimed, constitutes unfair labor practice.
Petitioners filed a complaint for illegal dismissal, nonpayment of 13th month pay, separation pay and illegal deduction against Skycable before Labor Arbiter.
Respondent claimed that it did not terminate the services of petitioners for there was never an employer-employee relationship to begin with. It averred that in 1998, it engaged petitioners as independent contractors under a Sales Agency Agreement. In 2007, it decided to streamline its operations, as a result petitioners’ contracts were terminated but they were employed by Armada Agency, an independent contractor.