Académique Documents
Professionnel Documents
Culture Documents
FACTS
- Abella, et. al. were security guards in
PLDT. The security services were
contracted out by PLDT from PSI (the
security agency).
- In the agreement between PLDT and
PSI, it was clearly stated that there
will be no EER between PLDT and the
security guards.
- 65 guards provided by PSI filed a
complaint for regularization against
PLDT with the LA. They alleged that
they have been directly serving PLDT
for more than 1 year.
- After they unionized, they staged a
picket in front of PLDTs Makati
office. This prompted PLDT to order
PSI to terminate 25 guards.
- LA dismissed the complaint for lack of
merit. NLRC and CA affirmed.
ISSUE/S
- WON there exists
EER between PLDT
& the security
guards that would
serve as basis for
the complaint for
regularization to
prosper.
Caurdanetaan
Piece Workers
Union v.
Laguesma
HELD
- NO. The guards are employees of PSI
and not of PLDT. PSI, the independent
contractor, is the employer of the
security guards.
- Applying the 4 tests:
- a. The selection of the guards was
done by PSI. It was PSI who assigned
the posts of the guards.
- b. PSI determined the guards
compensation, wages, and salaries. It
was shown that the guards collected
their wages from PSIs office, and
that PLDT paid PSI for security
services on a lump-sum basis.
- c & d. The claim of the guards that
the delinquency reports of PLDT
showed that PLDT had the power to
control & dismiss them cannot stand.
These reports merely served as
recommendations for a guard to be
terminated from PLDT. But he does
not lose his employment from PSI.
- YES. To determine the existence of an
employer-employee relation, this
Court has consistently applied the
four-fold test.
- It is undeniable that petitioners
members worked as cargadores for
private respondent. They loaded,
unloaded and piled sacks of palay
from the warehouses to the cargo
trucks and from the cargo trucks to
the buyers. This work is directly
related, necessary and vital to the
operations of Corfarm. Moreover,
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
DOCTRINE
- Factors to determine EER:
a. Selection & engagement of
employee
b. Payment of wages
c. Power to dismiss
d. Power to control
employees conduct
Villamaria v.
CA
- Whether or not an
employer employee
relationship existed
between Villamaria
and Bustamante, so
as to hold the
former liable for
illegal dismissal.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
the vehicle.
- In 1997, Villamaria verbally agreed to
sell the jeepney to Bustamante. It
was also agreed that Bustamante
would make a downpayment of
P10,000.00. The parties agreed that if
Bustamante failed to pay the
boundary-hulog for three days,
Villamaria Motors would hold on to
the vehicle until Bustamante paid his
arrears.
- Bustamante continued driving the
jeepney under the supervision and
control of Villamaria. Later,
Bustamante failed to pay for the
annual registration fees of the
vehicle, but Villamaria allowed him to
continue driving the jeepney.
- In 2000, Villamaria took back the
jeepney driven by Bustamante and
barred the latter from driving the
vehicle.
- Bustamante filed a Complaint for
Illegal Dismissal against Villamaria
and his wife Teresita.
AFP Mutual
Benefit
Association v.
NLRC
- Is there an
employee-employer
relationship?
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
Sonza v. ABSCBN
Broadcasting
Corp.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
control.
- The presence of such power of
control is indicative of an
employment relationship,
while absence thereof is
indicative of independent
contractorship. In other words,
the test to determine the
existence of independent
contractorship is whether one
claiming to be an independent
contractor has contracted to
do the work according to his
own methods and without
being subject to the control of
the employer except only as to
the result of the work. Such is
exactly the nature of the
relationship between AFP and
Bustamante.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
- Whether or not
MJMDC was a
labor-only
contractor.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
ABS-CBN
Broadcasting
Corp. v.
Nazareno
Phil. Global
Communicatio
ns v. De Vera
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
payroll
No deduction in salary as
contribution for
remittance to the SSS
Being subjected to
withholding tax for
his/her professional fee
Chavez v.
NLRC
- Whether there
existed an
employer-employee
relationship
between the
company and
Chavez.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
Almirez v.
Infinite Loop
Technology
- Is there an
employee-employer
relationship
between Almirez
and Infinite Loop?
FACTS
- Alexander Vinoya alleges that he
applied to and was accepted by
Regent Food Corporation (RFC) as
ISSUE/S
- Whether or not
PMCI was a laboronly contractor.
HELD
- YES.
- From Neri v. NLRC Philippine and
Fuji Xerox Corporation vs. NLRC, it
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
DOCTRINE
- Labor-only contracting, a
prohibited act, is an
arrangement where the
10
sales representative.
- He was immediately issued a
company I.D., was made to report on
a daily basis, sent to supermarkets
and grocery stores to book sales
orders and collect payments for RFC,
and was made to issue a monthly
bond of P200.00 as security deposit to
guarantee the performance of his
obligation as sales representative.
- He alleges that he was under the
direct control and supervision of the
RFC plant manager and senior
salesman.
- A little over a year later, he was
transferred by RFC to the Peninsula
Manpower Corporation, Inc. (PMCI),
an agency which provides RFC with
additional contractual workers
pursuant to a contract for the supply
of manpower services.
- He was thereafter reassigned to RFC
as sales representative, a few months
following which his services were
terminated, allegedly following the
expiration of contract between RFC
and PMCI.
- He thus filed charges for illegal
dismissal and non-payment of 13th
month pay against RFC before the
NLRC.
- On the other hand, while RFC admits
that it had control and supervision
over Vinoya, it argues, among others,
that such was exercised in
coordination with PMCI.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
contractor or subcontractor
merely recruits, supplies or
places workers to perform a
job, work or service for a
principal.
- The elements of labor-only
contracting are: (a) The
contractor or subcontractor
does not have substantial
capital or investment to
actually perform the job, work
or service under its own
account and responsibility;
and (b) The employees
recruited, supplied or placed
by such contractor or
subcontractor are performing
activities which are directly
related to the main business of
the principal.
- Permissible job contracting or
subcontracting refers to an
arrangement whereby a
principal agrees to put out or
farm out with a contractor or
subcontractor the performance
or completion of a specific job,
work or service within a
definite or predetermined
period, regardless of whether
such job, work or service is to
be performed or completed
within or outside the premises
of the principal.
- Its elements are: (a) The
contractor or subcontractor
carries on a distinct and
independent business and
undertakes to perform the job,
work or service on its own
account and under its own
responsibility according to its
11
- Whether or not
there was an EER.
-
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
12
Lapanday v.
NLRC
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
San Miguel
Corp. v. Aballa
wages.
- While the principal is the one liable
for the wage increases, the contractor
may pay the employees, subject to the
right to claim reimbursement from
the principal.
- In this case, Commando has not
actually paid the increases under the
Wage Orders. As such, it has no cause
of action against Lapanday to recover
the wage increases.
- W/n Sunflower is a
labor-only
contractor or an
independent
contractor.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
14
Manila Water
Company v.
Pea
- Whether or not
there exists an
employer-employee
relationship
between Manila
Water and private
respondents.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
Rosewood
Processing,
Inc. v. NLRC
- Was it proper to
hold Rosewood
liable for the wage
differentials and
backwages/separati
on pay claimed by
the employeeguards?
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
17
NFA v. Masada
Security
Agency
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
18
Manila
Electric
Company v.
Benamira
Whether or not
an employeremployee
relationship exists
between MERALCO
and the security
guards.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
DOLE Phils. V.
Esteva
- Whether or not
CAMPCO is
engaged in laboronly contracting.
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
cj tan, jay beron, julie domino, mars rongo, mike lopez, ryan quan / 4C 07-08 / atty. marlon j. manuel
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