8/12/2019 Labor Digest Nitto Enterprises

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Nitto Enterprises v. National Labor RelationsCommission

FACTS: Nitto Enterprises hired Roberto Capili as anapprentice machinist, molder and core maker asevidence by an apprenticeship agreement for a period ofsi months! "hile he #as handling a piece of glass, heaccidentally hit and in$%red the leg of an office secretary!&n the same day, he accidentally in$%red himself #henhe entered the #orkshop #hich #as not his #ork stationand operated one of the machines #itho%t a%thority!Nitto Enterprises paid for the medication of Capili! Thefollo#ing day, Capili #as asked to resign in a letter! 'ethen eec%ted a (%itclaim and Release in favor of NittoEnterprises! 'e then filed a complaint before the N)RC

Arbitration *ranch of NCR for illegal dismissal andpayment of other monetary benefits!

The )abor Arbiter rendered his decision finding thetermination of Capili as valid and dismissed the moneyclaims! 'e gave t#o reasons for the r%ling:

+! Capili #ho #as hired as an apprentice violated

the terms of their agreement #hen he acted #ithgross negligence

! Capili has sho#n that he does not have theproper attit%de in employment partic%larly thehandling of machines #itho%t a%thority andproper training

The N)RC reversed the decision of the )abor Arbiterand directed Nitto Enterprises to reinstate Capili! TheN)RC declared Capili #as a reg%lar employee of NittoEnterprises beca%se the apprenticeship agreement #asfiled #ith the -epartment of )abor and Employment amonth after Capili #as hired as an apprentice!

Therefore, Capili #as Nitto.s reg%lar employee #hen he#as hired! /etitioner filed a motion for reconsiderationb%t it #as denied!

0SS1E:

+! "2N Capili is an apprentice of Nitto Enterprises

! "2N Capili #as illegally dismissed

'E)-:

1. Capili is not an apprentice of Nitto Enterprises

The petitioner did not comply #ith the re3%irements ofthe la#! /rior approval by the -epartment of )abor andEmployment of the proposed apprenticeship program isa condition sine qua non before an apprenticeshipagreement can be validly entered into!

Since the apprenticeship agreement bet#een NittoEnterprises and Capili has no force and effect in theabsence of a valid apprenticeship program d%lyapproved by the -&)E, Capili.s assertion that he #ashired not an apprentice b%t as a delivery boy deserves

credence! 'e sho%ld be rightly be considered as areg%lar employee of Nitto!

2. Capili was illegally dismissed

Nitto Enterprises failed to comply #ith the t#inre3%irements of notice and hearing by affording Capilamply time and opport%nity to be heard and to defendhimself #ith the assistance of co%nsel, if desired! 0n thiscase, Capili #as asked to resign b%t there s%chresignation #as not vol%ntary and deliberate! Thereforean employee #ho is forced to resign is considered tohave been illegally dismissed!