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POLYFOAM-RGC INTERNATIONAL v. EDGARDO CONCEPCION

This case has been cited 2 times or more.

2012-10-10
REYES, J.
Finally, a finding that a contractor is a "labor-only" contractor is equivalent to declaring that there is an employer-employee relationship between the principal and the employees of the supposed contractor, and the "labor-only" contractor is considered as a mere agent of the principal, the real employer.[29]  The former becomes solidarily liable for all the rightful claims of the employees.[30]  The petitioner therefore, being the principal employer and Lancer, being the labor-only contractor, are solidarily liable for respondents' unpaid money claims.
2012-09-19
MENDOZA, J.
In Polyfoam-RGC International Corporation v. Concepcion,[22] the Court ruled that "if reinstatement is no longer feasible x x x, separation pay equivalent to one month salary for every year of service shall be awarded as an alternative." Clearly, the CA erred in awarding a half month salary only for every year of service. Considering, however, that Bides did not question that portion of the CA decision, the Court is of the view that he was satisfied and would no longer disturb it.