Pakyaw Workers Under Employer’s Control Are Regular EmployeesAtty Elvin
Pakyaw workers under control of employer are regular employees
The company (A. Nate Casket Maker) employed Arango and others on various dates as carpenters, mascilladors and painters in their casket-making business from 1998 until their alleged termination in March 2007. The company claimed that they were pakyaw workers who are paid per job order.
One day, the pakyaw workers were directed to sign a contract indicating that an employment of five (5) months. Since they had been continuously working since 1998, they had second thoughts on signing. They subsequently filed a complaint with the NLRC claiming they were regular employees.
The Court found that the power of control of the company over pakyaw workers is clearly present. They follow the steps in making a casket, as instructed by the company, like carpentry, mascilla, rubbing and painting. They had their own notebooks where they listed the work completed with their signature and the date finished. The same would be checked by the company as basis for the compensation for the day. Thus, the company had control over in the discharge of their work.
Pakyaw workers are considered regular employees for as long as their employers exercise control over them.
Thus, while such employees’ mode of compensation was on a per-piece basis, the status and nature of their employment was that of regular employees.
(Nate Casket Maker and/or Armando and Anely Nate vs. Arango, et al., G.R. No. 192282. October 5, 2016)