The talent system in GMA network: Application of labor legislations and doctrines in the determination of employment status of GMA network talents

• Main Authors: Magbuhos, Ville Marvin V., Alfonso, Cornelio Y., III
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Broadcasting > Employees > Legal status, laws, etc > Philippines; GMA Network, Inc > Employees > Legal status, laws, etc; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/6431
• Institution: De La Salle University

In May 2014, some of the network talents of GMA Network, Inc. filed a regularization before the National Labor Relations Commission (NLRC) and formed an organization called Talents Association of GMA (TAG). These network talents who are the creative runners of program shows of GMA particularly in the News and Public Affairs Division thereof, contend that their job is usually necessary and desirable to the regular course of business of the network and the repeated renewal of their contracts should render them as regular employees. Moreover, they report that they have been experiencing labor malpractice as the benefits of a regular employee such as 13th month pay, SSS and Philhealth contributions have never been provided for them by GMA. On the other hand, GMA insists that the network talents are not entitled thereof becasue the latter are independent contractors, so there exists no employer-employee relationship. Being independent contractors, these network talents are not entitled of the benefits that a typical regular employee enjoys. Moreover, the aforesaid network asserts that the network talents sign their contracts with the network voluntarily, knowingly, willfully, and freely , hence subjecting them under valid fixed-term employment-- which invalidates the claim of the network talents that they are regular employees. In settling the dispute between the parties, GMA revised the talent agreements (contract) into Project Employment Contract (PEC). The aforementioned, which takes into effect this year, reads that the network talents will now afford the network talents different benefits such as 13th month pay, SSS and Philhealth contributions, among others. However, the PEC indicates that the network talents will be considered as project employees, not regular employees. The main issue that his study sought to address was whether or not the network talents are regular employees of GMA. In order to prove that they are regular employees, it must be established that there is an employer-employee relationship between the parties so the network talents cannot be considered as independent contractor. Also, the study examined whether the fixed-term employment scheme is violative of the workers' rights. Moreover, the study determined whether the networkt talents can be considered as project employees. In addressing the above-mentioned issues, the study was guided by different constitutional provisions, labor legislations, and jurisprudence. Different related cases were analyzed and compared to the case at hand which ultimately helped in deriving the conclusion of the study. The researchers concluded that the GMA Network Talents are regular employees of the network. The study proved that based on different rights enunciated in the Constitution such as security of tenure and full protection of labor as well as the concept of social justice in the Constitution, they cannot be regarded as fixed-term employees nor project employees. The PEC, attached as annex, provided inconsistencies rendering it invalid and should be struck down. Therefore, the researchers recommend streamlining of the talent system in the broadcasting industry to consider the network talents as regular employees.