SunStar
(Third sequel to the April 17, 2021 issue: “Extra waiters are regular employees”)
Petitioner Allan Regala alleged that he was hired by respondent Manila Hotel Corp. (MHC) sometime in 2000 as one of its waiters assigned to the Food and Beverage Department. He was later assigned as cook helper at MHC’s chocolate room/cookies kitchen during the period from Oct. 18, 2004 to June 26, 2006. Starting Dec. 2, 2009, MHC reduced his regular work days for two days from the normal five-day work week. Thus, he filed a complaint claiming among others, constructive dismissal.
MHC denied Regala’s claim. It alleged that he is a mere freelance or “extra waiter” engaged on a short-term basis. It employs extra waiters at fixed and/or determinable periods, particularly when there are temporary spikes in the volume of its business. It relies on loose referrals from each employee and on a list of waiters who have expressed interest in part-time or temporary engagement. Regala’s sup
(Sequel to the April 17, 2021 issue’s “Extra Waters Are Regular Employees”)
Petitioner Allan Regala was hired by respondent Manila Hotel Corp. (MHC) sometime in 2000 as one of its waiters assigned to the Food and Beverage Department. He was later assigned as cook helper at MHC’s Chocolate Room/Cookies Kitchen during the period from Oct. 18, 2004 to June 26, 2006. He alleged that he was not recognized as a regular rank-and-file employee despite having rendered services to MHC for several years. Thus, he filed a complaint for regularization, constructive dismissal and money claims against respondent MHC.
Upon the other hand, MHC denied outright that Regala is its regular employee. His employment was for a fixed term. It depended heavily on Regala’s Service Agreements covering the periods of his supposed temporary engagement with MHC, or from March 1, 2010 to March 3, 2010. It asserted that the Service Agreements entered into by and between MI-IC and Regala are valid for the
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