SC FINDINGS AND RECOMMENDATIONS

VII. FAILURE TO REGULARIZE ITS EMPLOYEES
ABS-CBN claims it is “fully compliant” with labor laws, pointing to the Department of Labor
and Employment’s (DOLE) purported findings that it complied with the directives of
DOLE. 72
However, DOLE issued an official statement on July 1, 2020 declaring that its labor inspectors
found violations of laws and labor standards by ABS-CBN, and that there are 67 pending cases
against the company in the NLRC and the various courts. After hearing ABS-CBN’s testimony
to this Committee, DOLE warned the counsels of ABS-CBN against wrongfully presenting
policy issuances of the department to the advantage of their client. The cited rule governing
the employee-employer relationship in the broadcast industry 40 years ago, which is not aligned
with the provisions of the Labor Code, does not apply anymore, according to DOLE. 73
No less than the Constitution affirms the State’s duty to “protect the rights of workers and
promote their welfare”: 74
The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for
all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful
concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their
rights and benefits as may be provided by law.
x x x
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in
the fruits of production and the right of enterprises to
reasonable returns on investments, and to expansion and
growth. 75
The Labor Code directs that employees who “perform activities which are usually necessary
or desirable in the usual business or trade of the employer” or “has rendered at least one year
of service, whether such service is continuous or broken” are considered regular employees:
The provisions of written agreement to the contrary
notwithstanding and regardless of the oral agreement of the
parties, an employment shall be deemed to be regular where the
employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade
of the employer, except where the employment has been fixed
for a specific project or undertaking the completion or
termination of which has been determined at the time of the
72
TSN of the 30 June 2020 hearing, at V-6.
73
https://www.dole.gov.ph/news/statement/ (last accessed on 11 July 2020).
74
Section 18, Article II, Constitution; emphasis supplied.
75
Section 3, Article XIII, Constitution; emphasis supplied.
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