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Acevedo vs. Advanstar Co., [GR No.

157656, November 11, 2005]

Jalapadan, a salesman in Advanstar Company Inc. hired Acevedo as the driver of the truck assigned to

Sometime in July 1998, Acevedo failed to comply with Jalapadan's instructions. At However, Jalapadan later asked him to return to work 5 and
the latter agreed.
On October 7, 1998, Acevedo failed to report for work. The next day, Jalapadan inquired why he failed to check and wash the truck. Jalapadan
berated Acevedo and ordered him to get his personal belongings and leave. He then signed a Letter 7 dated October 10, 1998, informing
Jalapadan that he was resigning effective that date.
On October 26, 1998, Acevedo filed a complaint against Jalapadan, ACI and its general manager, Felipe Loi, for illegal dismissal and for the
recovery of backwages and other monetary benefits.
The NLRC held that the complainant was an employee of respondent Jalapadan, not of respondent ACI, and that he voluntarily resigned.
Whether the petitioner is the employee of respondent ACI
Respondent Jalapadan bound and obliged himself to work exclusively for respondent ACI during the terms of the agreement. Under the
agreement, ACI had the right to control not only the end to be attained but also the manner and means to be used in accomplishing the end. The
Court declares Jalapadan as a labor-only contractor and respondent ACI as the principal employer of Acevedo.

Aboitiz Haulers, Inc. vs. Monaorai Dimapatoi, et al.

[G. R. No. 148619 September 19, 2006]
Respondents worked as checkers in the Mega Warehouse, which is owned by the petitioner. Petitioner claims the respondents are not its
employees, but of Grigio, a manposer agen=cy that supplies the checkers under a
Written Contract of Service. . On May 9, 1996, the respondents left the warehouse and did not report to work thereafter. As a result, there was no
orferly turnover of papers and other company property in connection with the termination of the Written Contract for Services. Respondents
claim that they were not paid their regular holiday pay, night shift differential, SIL, and OT.
WON the petitioner and Grigio engaged in a labor only contracting
Yes. The respondents work as checkers is directly related to the principal business of the petitione.=r. Petitiner also exercises the right to control
and determines not only the end to be achieved but also the mannneer and means to be used in reaching the end. Lastly, Grigio had no substantial
capital or investment.

San Miguel Corporation vs. Semillano

G.R. No. 164257. July 5, 2010.

The complainants claimed that they were fillers of SMC Bottling Plant, engaged in
activities necessary and desirable in the usual business of SMC. They assert,
therefore, that they are regular employees of SMC.
SMC utilized AMPCO, thus making it appear that the latter was the complainants
employer, with intentions of evading the responsibility of paying the benefits due to
the complainants. The complainants further claim that AMPCO and SMC failed to give
them their 13th month pay, and that they were prevented from entering the premises
of SMC.


Whether or not AMPCO is a legitimate job contractor.

The petition is DENIED, and the February 19, 2004 decision of the CA AFFIRMED.

The Court is not convinced that AMPCO exercised exclusive direction in the
discharge of respondents, based on Merlyn Polidarios instructions to the
respondents to wait for further instructions from SMCs supervisor after
being prevented from entering SMC premises. Therefore, it would be logical
to conclude that SMC wielded the power of control.

Grandspan Development Corp., vs. Bernardo

[GR No. 141464, September 21, 2005]
In 1990, Respondents were employeed as truck scale monitors by petitioner. In 1992, October 28, 1992, petitioner sent them a notice
terminating their services effective October 29, 1992 for using profane or offensive language, in violation of Article VI (2) (a) of the company's
Rules and Regulations
Petitioner denied the allegations of respondents in their complaint, claiming that they are employees of J. Narag.
Sometime in October, 1992, the manager received a report from supervisor that respondents vandalized the
company's log book and chairs. The Labor Arbiter said they were project employees whose services were
terminated upon completion of the project for which they were hired.
Whether or not there is an employer-employee relationship between petitioner and respondent and whether the
respondents are employees
J. Narag Construction is indeed a labor-only contractor. These are the reasons: (1) it is not registered as a building contractor with the SEC; (2) it
has no contract with petitioner; and (3) there is no proof of its financial capability and has no list of equipment, tools, machineries and
implements used in the business.
Clearly, J. Narag Construction could not be respondents' employer.

Atok Big Wedge Company vs. Gison, G.R. No. 169510, August 8, 2011
Respondent Gison was a part time consultant of the petitioner for 11 years. Upon
respondents request to be registered in SSS by the petitioner, the latter refused.
Respondent complained of the refusal in SSS and he was also terminated because his
services were no longer necessary.
As a result, respondent filed a complaint for illegal dismissal, unfair labor practice,
underpayment of wages, non-payment of 13th Month pay, vacation pay and sick leave. The
Labor Arbiter and NLRC rendered a decision in favor of the petitioner ruling that there is no
ER-EE relationship. CA reversed the decision of LA and NLRC and said that Art. 280 should
apply which distinguishes between the two kinds of employees, i.e., regular and casual
employees. The respondent is deemed a regular employee of the petitioner after the lapse
of one year from his employment.
Whether or not CA erred in applying Article 280
Employer-employee relationship is absent. Respondent was not required to report everyday
during regular office hours of petitioner. Respondent's monthly retainer fees were paid to
him either at his residence or a local restaurant. Petitioner did not prescribe the manner in
which respondent would accomplish any of the tasks in which his expertise as a liaison
officer was needed. Element of control is absent.

Insular Life v. NLRC (Nov. 15, 1989) G.R. No. 84484

Under a contract, Basiao was authorized to solicit for insurance in accordance
with the rules of the Insular Life company. He would also receive compensation, in
the form of commissions. After 4 years, the parties entered into another contract
an Agency Managers Contact pursuant to it, Basiao organized an agency while
concurrently fulfilling his commitment under the first contract.
The company terminated the Agency Managers Contract. Basiao sued the
company in a civil action. Thus, the company terminated Basiaos engagement
under the first contract and stopped payment of his commissions.
ISSUE: W/N Basiao had become the companys employee by virtue of the contract,
thereby placing his claim for unpaid commissions

Rules and regulations governing the conduct of the business are provided for in the
Insurance Code. They serve as guidelines without dictating the means or methods
to be employed in attaining it. None of these really invades the agents contractual
prerogative to adopt his own selling methods or to sell insurance at his own time
and convenience, hence cannot justifiable be said to establish an employeremployee relationship between Basiao and the company.


versus CLIMACO, G.R. No. 146881, 2007 Feb 5.
Facts: Dr. Climaco is a medical doctor who was hired by the petitioner by virtue of retainer agreement which states that there is no employer-employee
relationship between the parties. in March 1995 respondent received a letter concluding their retainer agreement.
Respondent is seeking recognition as a regular employee of the petitioner company and prayed for the payment of all benefits of a regular employee.
Issue: Whether or not there exists an employer-employee relationship between the parties.
Ruling : The Court adhered to the four-fold test: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of
dismissal; and (4) the power to control the employees conduct, or the so-called control test, considered to be the most important element.
No employer-employee relationship exists between the parties. The Comprehensive Medical Plan, provided guidelines merely to ensure that the end
result was achieved, but did not control the means and methods by which respondent performed his assigned tasks. In addition, the Court finds that the
schedule of work and the requirement to be on call for emergency cases do not amount to such control, but are necessary incidents to the Retainership
Considering that there is no employer-employee relationship between the parties, the termination of the Retainership Agreement does not constitute
illegal dismissal of respondent.

NLRC G.R. Nos. 85122-24 March 22, 1991

petitioners, all seamen complain of non-payment of overtime pay, vacation pay and terminal
pay against private respondent. They also claim that although they agreed to render
services on
board the vessel Rio Colorado, they actually
boarded MV "SOIC I" and more so, petitioners de Castro and de
Jesus claim that although they were employed as ordinary seamen, they actually performed
the work and
duties of Able Seamen. The POEA decision granted
overtime pay to petitioners equivalent to 30% of their basic pay.

WON NLRC gravely abused its discretion REVERSING the decision of POEA in granting
overtime pay to petitioners equivalent to 30% of their basic pay

No. The NLRC
ruling on the disallowance of overtime pay is ably supported by the fact that petitioners
never produced any proof of actual performance of overtime work.


The petitioner filed a petition berfor the DOLE that it be voluntarily
recognized by the respondent to be the
collective bargaining agent, or, in the alternative, that a certification/consent
election be
held among said regular rank-and-file promo employees.
The respondent filed a m

otion to dismiss the petition. It argued that there exists no

employer-employee relationship between it and the petitioners members
and that thery are actually employees of F. Garil Manpower
a duly licensed local employment agency.
Issue: Whether F. Garil is an independent contractor or a labor-only
The court ruled
ordering the holding of a certification election among the rank-and-file promo
of Burlingame. The following elements are present:
The contractor or sub-contractor does not have substantial capital or
which relates to the job, work or service to be performed and the employees
The contractor or sub-contractor does not have substantial capital or
which relates to the job, work or service to be performed and the employees
ii) The contractor does not exercise the right to control over the performance
of the work
of the contractual employee.