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Case No.
POSITION PAPER
THE PARTIES
1
FACTS OF THE CASE
2. In the course of its business and from time to time when the
expected volume of work cannot be handled by its regular employees
especially during peak seasons, respondent company engage the services
of legitimate independent job contractors to provide special services to
augment its regular workforce. These legitimate contractors deploy their
own employees at ROASTED MEAT to perform the tasked contracted
and are all supervised by the former.
2
DISCUSSION
3
“The DOLE certificate having been issued
by a public officer, it carries with it the
presumption that it was issued in the regular
performance of official duty. Petitioner’s bare
assertions fail to rebut this presumption.
Further, since the DOLE is the agency primarily
responsible for regulating the business of
independent job contractors, the Court can
presume, in the absence of evidence to the
contrary, that it had thoroughly evaluated the
requirements submitted by PRODUCT IMAGE
before issuing the Certificate of Registration.”
4
It is apt to state that, ROASTED MEAT has its own roster of
employees and that it pays the required SSS, PAG-IBIG & PHIL Health
contributions for employers. To prove the same, attached herewith is the
summary of the payments made by ROASTED MEAT to the
aforementioned government institutions for the year 2017 which will
include to those documents that will be submitted to this office for
compliance. It is a matter of simple logic that only an employer would
pay the SSS employer contributions required by law.
Contrary to the findings of the Labor Inspector, the claim that the
agency workers perform work under the shared supervision ROASTED
MEAT and HERNANDO has no factual and legal basis. Noticeably, these
are empty allegations without any evidence in support thereof. To
emphasize, HERNANDO has supervisors assigned at ROASTED MEAT’s
premises. These supervisors were the ones who directly monitor,
supervise the manner including the work performance and attitude of its
own employees.
With respect to the findings that the tools and equipment are
owned by ROASTED MEAT, it must be pointed out as it observed, that
most if not all of the employees of the independent contractor are just
helpers, and does not need tools and equipment to perform their
functions.
5
Verily, ROASTED MEAT has fully complied with the requirements
of the law, only that there was an incorrect perception when an
assessment was made.
PRAYER
Other relief and remedies just and equitable under the premises
are likewise prayed for.
MANUEL C. ACAB II
Legal Officer
ROASTED MEAT CORPORATION