SunStar
(Third sequel to the April 17, 2021 issue: “Extra waiters are regular employees”)
Petitioner Allan Regala alleged that he was hired by respondent Manila Hotel Corp. (MHC) sometime in 2000 as one of its waiters assigned to the Food and Beverage Department. He was later assigned as cook helper at MHC’s chocolate room/cookies kitchen during the period from Oct. 18, 2004 to June 26, 2006. Starting Dec. 2, 2009, MHC reduced his regular work days for two days from the normal five-day work week. Thus, he filed a complaint claiming among others, constructive dismissal.
MHC denied Regala’s claim. It alleged that he is a mere freelance or “extra waiter” engaged on a short-term basis. It employs extra waiters at fixed and/or determinable periods, particularly when there are temporary spikes in the volume of its business. It relies on loose referrals from each employee and on a list of waiters who have expressed interest in part-time or temporary engagement. Regala’s sup