Drivers who rallied in front of ABS-CBN were not employees but third-party agency hires

Claim raised by former ABS-CBN reporter amid protest over regularization.

A former ABS-CBN reporter alleged that drivers who rallied against poor working conditions are not actual employees of the company but were instead hired from a third-party agency.

Jeck Batallones, a reporter for ABS-CBN from 1997 to 2024, alleged that the drivers who demanded to be made regular employees were actually contracted through a third-party agency.

Replying to a report about the protest on X, Batallones said that one of the drivers interviewed by news outlets at the protest was a “walking red flag” and had previously caused issues for the reporter during his time with ABS-CBN.

The drivers’ grievances

Drivers protested in front of ABS-CBN headquarters in Quezon City on April 25, demanding to be made regular employees and for the company to raise their wages.

They alleged to be contractual employees despite rendering years—some even decades—of service to the company, also decrying being sent on dangerous assignments and taking on the role of cameraman without additional compensation. The drivers were accompanied by Kamanggagawa Party-list Rep. Eli San Fernando.

ABS-CBN is under scrutiny due to ongoing business conflicts within the Lopez family, who own the media giant. Various reports allege that company executives have continued to enjoy generous benefits despite continuous layoffs and financial difficulty. The company has repeatedly distanced itself from the Lopez conflict.

Understanding labor-only contracting

Unsure if you are an employee or a contractor? Here is what the Department of Labor and Employment (DOLE) looks for:

1. The control test: Does the company tell you how to do your work, provide the vehicle, and set your specific route and schedule? If yes, you might be a “de facto” employee regardless of what your contract says.
2. Investment in tools: A legitimate third-party agency must have its own substantial capital and equipment. If the agency only provides “manpower” while the company provides the cars and cameras, it may be considered illegal “labor-only” contracting.
3. Nature of work: If your work (driving news crews to dangerous zones) is directly related to the main business of the company (news broadcasting), the argument for regularization becomes much stronger. 

radar advice: Check your payslip. If the name at the top isn’t the company you show up to every day, you are likely an agency hire. In the Philippines, “agency hires” are entitled to the same SSS, PhilHealth, and 13th-month pay as regulars—the agency is simply the one responsible for paying it.