Sentinel Security Agency v. NLRC

Sentinel Security Agency Inc. v. NLRC Facts:  The complainants complainants were were employees of Sentinel Security Security Agency Agency. They were were assigne to rener guar uty at the premises of !"hilippine American Life Insurance Company# at $ones Avenue% Ce&u City. "hilippine American Life Insurance Company% the Client% sent notice to replace all the security guars in the company's o(ces at the cities of Ce&u% )acolo% Cagayan e *ro% +ipolog an Ilagan. Agency issue a Relief an Transfer *rer replacing the complainants complainants as guars !of the Client# an for then to &e re,assigne !to# other clients. As orere% the complainants reporte &ut were never given new assignments &ut instea they were tol that they were replace &ecause they are alreay ol. The complainants praye for payment of separation separation pay an other la&or stanar &ene-ts. el:  The transfer transfer of an employee employee involves a lateral movement within within the &usiness &usiness or operation operation of  the employer% without emotion in ran/% iminution of &ene-ts or% worse% suspension of employment even if temporary. temporary. The recall an transfer of security guars re0uire reassignment to another post an are not e0uivalent to their placement on 12oating status.3 *4,etailing *4,etailing security guars for a reasona&le reasona&le perio of si5 months is 6usti-e only in &ona -e cases of suspension of operation% &usiness or unerta/ing.  The Client i i not% as it coul not% illegally illegally ismiss ismiss the complainants. complainants. Thus% it shoul shoul not &e hel lia&le for separation separation pay an &ac/ wages. )ut even if the Client is not responsi&le responsi&le for the illegal ismissal of the complainants% it is 6ointly an severally lia&le with the Agency for the complainants' service incentive leave pay. As the inirect employer% the Client is 6ointly an severally lia&le with the contractor for the wor/ers' wages% in the same manner an e5tent that it is lia&le to its irect employees. This lia&ility of the Client covers the payment of the service incentive leave pay of the complainants complainants uring the time they were poste at the Ce&u &ranch &ranch of the Client. As service ha &een renere% the lia&ility accrue% even if the complainants were eventually transferre or reassigne.