Ratio: The law does not require an employer to be registered before he may considered as one within the definition of the Labor Code. o Art 212 (e) of the Labor Code defines an employer as any person acting in the interest of an employer, directly or indirectly
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September 6, 1995 LABOR ARBITER SANCHO: ordered reinstatement of respondents and payment of backwages and other benefits o Note: 2 complainants eventually dropped their case (Loran Paquit and LovillaDorlones) because they were able to amicably settle their claims.
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December 26, 1996 - NLRC affirmed decision of LA and denied the motion for reconsideration. Petitioner contends that being an unregistered association and having been formed solely to serve as an effective medium for dealing collectively with Stanfilco and not existing in law, it cannot be considered an employer.
Evidence to support existence of employer employee relationship: o During the subsistence of the association, several circulars and memoranda were issued concerning, among other things, absences without formal request, loitering in the work area and disciplinary measures with which every worker is enjoined to comply. The employees were issued IDs. In Domasig v. NLRC, the issuance of ID was held to be not only as a security measure but mainly to identify the holder as a bonafide employee of the firm
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Issue: Whether or not an unregistered association may be an employer independent of the respective members it represents o
Held:
The power of the petitioner to enter into compromise agreements involving money claims filed by three employees, namely: Lorna Paquit, LovellaDorlones and Jasmine Espanola.
o The association exceeded the purpose it was initially established for when it did the above mentioned acts. Thus, it is considered an employer.