The National Labor Relations Commission (NLRC) National Office in Quezon City dismissed the appeal of Dae Duck Philippines Inc (DDPI) on May 15, 2012.

DDPI's appeal before the NLRC was due to the August 17, 2011 decision of Labor Arbiter Danna Castillon in favor of nine (9) contractual workers who filed suit for their regularization against their employer, DDPI.

NLRC Presiding Commissioner Leonardo Leonida along with Commissioner Dolores Peralta-Beley and Commissioner Mercedes Posada-Lacap affirmed Labor Arbiter Castillon's prior decision in favor of the workers.

The commissioners ruled that DDPI's appeal was devoid of merit because of its failure to present a single iota of evidence to prove its claims that the workers were not employees of the company but the Silver Peak Manpower Services and later, the Maximum Solutions Corporation (MSC), instead.

Thus, the commission also affirm that Silver Peak which closed after the workers filed suit in September 2010, is a labor-only contractor considered as the agent of DDPI.

The commission was also clear in its decision stressing the reasons why the workers were considered as regular employees of DDPI.

The commissioners said that DDPI were the ones who interviewed and hired the workers though they were made to sign employment contracts with Silver Peak. Also, the workers’ salaries were only coursed through Silver Peak and the quotas set by DDPI was a clear proof that it exercised supervision and control over them.

The commissioners also added that the workers transfer of employment to MSC and their subsequent resignation to Silver Peak due to its alleged closure did not affect the fact that they were already regular employees of DDPI at that time.

Eventually, the commissioners ruled that the scheme adopted by DDPI, albeit with the workers' consent, was a clear violation of their right which affected their security of tenure.

Though, the workers welcome the favorable decision, it is still uncertain if the DDPI management would still file for a motion for reconsideration that would defer the execution of the decision.

Labor Arbiter Castillon's decision that was affirmed by the NLRC commissioners also directed DDPI to compensate workers of their wage differentials and inadequate payment of their 13th month pay and service incentive leave pay.

On the other hand, the same workers also await the resolution of the illegal dismissal case that they filed against DDPI in November 2011 at the National Labor Relations Commission Regional Arbitration (NLRC RAB) IV-A in Calamba, Laguna.

The suit was filed after DDPI dismissed the workers in October 2011 months after the favorable decision from Labor Arbiter Castillon and shortly after the union officers and members of Daeduck Employees Union (DEU) were fired from the company.

The recently-declared regular workers got help from the workers union in building their case.