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The 11-page decision also ordered the reinstatement of the employees, who are members of the Talents Association of GMA-7 (TAG).
According to the NLRC, only 35 out of 53 petitioners were considered illegally dismissed. The other 15 were not covered by the decision for their unauthorized absences. The NLRC also did not include the three of the complainants, one of whom resigned, the other terminated due to embezzled company funds and another one dismissed in 2011, which is beyond the prescriptive period of 4 years.
The NLRC earlier ruled that the TAG members were “entitled to security of tenure and all benefits and rights appurtenant thereto.” It was in response to a 2014 case filed by the employees, claiming that GMA-7 denied them of regularization status despite long years of service to the company.
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Almost two years after filing a complaint, members of the Talents Association of GMA Network (TAG) were declared as regular employees.
In a final entry of judgment issued last February 17 by Deputy Executive Clerk of Court Atty. Ma. Roselette Gonzalo, the National Labor Relations Commission (NLRC) asserted that its earlier decision favoring TAG had become “final and executory on January 21, 2016”.
This means that indeed, the remaining 97 complainants of TAG are regular employees of the network.
On the other hand, 8 complainants who were found to have submitted letters of resignation, are considered regular employees only up to the date preceding their resignation.
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Gozon-led network spearheaded a motion for reconsideration but it was junked by NLRC in January 2016 for lack of merit or evidence.
Based on the earlier ruling, the NLRC ordered the network to reinstate the workers and provide “payment of back wages computed from the date of their dismissal up to the time of their actual reinstatement without loss of seniority rights and other privileges.”
GMA will have to pay a total of P21,429,366 in back wages.
Source: Inquirer, NLRC, BuhayMedia
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