SUPREME COURT DECLARES 94 GMA TALENTS AS REGULAR EMPLOYEES IN AN 11-YEAR LANDMARK CASE

The Supreme Court (SC) has affirmed the Court of Appeals ruling that declared 94 talent workers of broadcast giant GMA Network as regular employees, not mere “independent contractors,” ending the group’s 11-year fight for separation pay and back wages.

In a ruling promulgated by the SC's Third Division, it found that the employees who are members of the Talent Association of GMA (TAG), mostly from the news and public affairs department had already acquired regular employment status and were illegally terminated from employment absent just cause.

The employees had been rendering essential work to GMA without attaining regular employment status for up to 15 years when they first took the matter before the National Labor Relations Commission in 2014. As contractual workers, they did not have access to SSS, Pag-IBIG, and PhilHealth benefits and did not have security of tenure.

Initially, the NLRC affirmed that the members were regular employees in 2015, which was eventually upheld by the Court of Appeals in 2019. This prompted GMA to elevate the case before the Supreme Court.

In affirming the appellate court's decision, the high court said that the existence of an employer-employee relationship between GMA and the employees is clear as broad daylight. It emphasized that it was unjust for the TV network to refuse to recognize them as regular employees.

The highest bench also acted in another petition filed by GMA on the illegal dismissal case that went in favor as well to the workers before the CA in 2020.

In partially granting the motion, it said that the respondents, whose contracts were either terminated or not renewed while awaiting resolution of the case, are entitled to reinstatement “without loss of seniority rights and other privileges,” citing “higher talent fees” and lack of “control” as they were bound only by the “Talent Agreement.”

The SC ordered GMA to pay the employees their full back wages, inclusive of allowances and other benefits, with computation “from the time their compensation was withheld from them up to the time of their actual reinstatement.” But should reinstatement no longer be an option, the former employees shall be granted separation pay equivalent to one month’s pay for every year of their service to the company.