Apex Mining Company, Inc. v.
NLRC (196 SCRA 251)
Facts:
Sinclitica Candido was employed by Apex to perform laundry services at its
staff house. She was receiving her salary in a monthly basis. One day, while
was attending to her assigned task, she accidentally slipped and hit her back
on a stone.
Mila De la Rosa, her supervisor, offered her a sum amount of money and
persuaded to quit her job, but she refused and even preferred to work However,
Apex did not allow her to return to work and dismissed her.
Labor Arbiter ruled the case in favour of Candido and ordered Apex Mining
Company to pay the latter, which was affirmed by NLRC.
Issue:
Whether or not Candido is a regular employee.
Ruling:
Yes.
The law provides that laundrywoman not actually serving the family of the
employer but working in the staff houses or within the premises of the
business of the employer is a regular employee.
In the case at bar, Candido was the laundrywoman of Apex, who performed
services at its staff house. However, Apex contends that it is a only when the
househelper or domestic servant is assigned to certain aspects of the business
of the employer may be considered as employee.
Therefore, Candido is a regular employee because the mere fact that the she
was working within the premises of the business of the Apex and in relation to
or in connection with its business, as in its staff houses for its guest or even for
its officers and employees, warrants the conclusion that such househelp, in
this case, Candido, is considered as a regular employee of the employer.
Alegre contends although his contract did stipulate the date of the termination
of his employment, he could not be removed because he had acquired the
status of aregular employee on the grounds that:
1. His services were necessary and desirable in the usual business of his
employer, and
2. He lasted for five years.