Professional Documents
Culture Documents
[Facts]
43 complainants- DEAF-MUTES who were hired on various periods (1988
to 1993) by respondent Far East Bank and Trust Co. as Money Sorters and
Counters
o Through a uniformly worded agreement “Employment Contract for
Handicapped Workers”
o At the time this case arose, there were 56 deaf-mute money
sorters. 37 renewed.
o 6 month terms wherein could be terminated for a just and
reasonable cause, and after 6 months if not renewed explicitly,
considered terminated.
o Also, training for 1 month, after which it would be determined if
employee would be kept for the remainder of the 6 months.
Far East Bank: Complainants are NOT regular employees; complainants
are a SPECIAL CLASS OF WORKERS – hired temporarily under a special
employment arrangement, resulting in (as also stated in the contract
itself), the cognizance of the bank of its social responsibility as
approached by some civic-minded citizens and authorized government
agencies who suggested such possibility of hiring such disabled workers.
The Bank also said that such hiring was only acceptable to them on a
special arrangement basis for manual work which was really part of the
tellers’ work.
Petitioners submitted a list specifying when each of them was hired and
dismissed.
LA ruled lack of merit and dismissed complaint; NLRC affirmed, saying
that petitioners could not be deemed regular employees under A280 of
the Labor Code.
o Workers were hired as an accommodation to recommendation of
civic oriented personalities whose employment were covered by
the Employment Contract with special provisions on duration of
contract as per A80.
[Issues]
However, only those who worked more than 6 months deemed regular.