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Myla Ruth N.

Sara

Dy Keh Beng vs. Int’l Labor and Maritime Union

FACTS:
A charge of unfair labor practice was filed against Dy Keh Beng, a proprietor of a basket factory, by
dismissing Solano and Tudla for their union activities.
Dy Keh Beng contended that he did not know Tudla and Solano was not his employee because the latter
came to the establishment only when there was work which he did on pakiaw basis.
Dy Keh Beng countered with a special defense of simple extortion committed by the head of the labor
union.

ISSUE: W/N there existed an employee-employer relation between petitioner and respondents

HELD:
Yes. Evidence showed that the work of Solano and Tudla was continuous except in the event of illness,
although their services were compensated on piece basis. The control test calls for the existence of the right to
control the manner of doing the work, not the actual exercise of the right considering that Dy Keh Beng is engaged
in the manufacture of baskets known as “kaing”, those working under Dy would be subject to Dy’s specifications
such as the size and quality of the “kaing”. And since the laborers are done at Dy’s establishments, it could be
inferred that Dy could easily exercise control upon them.
As to the contention that Solano was not an employee because he worked on piece basis, the court ruled
that it should be determined that if indeed payment by piece is just a method of compensation and does not define
the essence of the relation. Payment cannot be construed by piece where work is done in such establishment so as
to put the worker completely at liberty to turn him out and take it another at pleasure
Justice Perfecto also contended that pakyaw system is a labor contract between employers and employees
between capitalists and laborers.
Wherefore, the award of backwages is modified to an award of backwages for 3 years at the rated of
compensation the employees were receiving at the time of dismissal.