The Public Attorney’s Office on Sunday lauded the Supreme Court for its favorable ruling to reinstate five dismissed five contractual delivery riders and pay their back wages based on an employer-employee relationship.
Chief Persida Rueda-Acosta, in an interview, said the order of the High Court’s Second Division could set a good precedent that despite an “independent contractor agreement” between riders Chrisden Ditiangkin, Hendrix Molines, Harvey Juanio, Joselito Verde, and Brian Anthony Nabong, and online shopping site Lazada.
“PAO represented the petitioners who elevated the labor dispute after losing before the National Labor Relations Commission and Court of Appeals,” she told reporters.
The SC ruled in favor of the delivery riders on the ground that they were directly employed by respondent Lazada based on the contract they signed and were receiving their salaries from Lazada of P1,200 per day of service in 2016, and that the online shopping company had the power to dismiss the petitioners.
“We have recently received a copy of the order after years of legal battle,” Rueda-Acosta said.
In a 24-page unanimous decision, Senior Associate Justice Marvic Leonen directed the company to reinstate the petitioners “to their former positions, and to pay their full back wages, overtime pay, 13th-month pay, cash bond deposit, and other benefits and privileges from the time they were dismissed on Jan. 16, 2017 up to their actual reinstatement.”
In 2017, Lazada removed the five riders from their usual routes and were not given any more work.
“Even contractual employees are protected under the fundamental right of workers to a regular job,” the PAO chief said.
Workers who are similarly situated could use the SC order in their complaint for regularization, PAO cited.
Leonen, and Associate Justices Amy Lazaro-Javier, Mario Lopez, Jhosep Lopez, and Antonio Kho Jr. reversed the ruling of the NLRC and CA, citing the online shopping firm directly hired and paid the petitioners.
