Gilbert Abella Ferrer, LLB 4th Year, SWU

Labor Law Review

PRELIMINARY EXAMINATIONS ASSIGNMENT

A.) Between the resident physician and the training hospital, there is employer-employee
relationship.

There is employer-employee relationship unless there is training agreement between

them and the training is duly accredited and approved by the government.

B.) Between insurance agents and the insurance company, there is no employer-
employee relationship.

There is no employer-employee relationship because the agent is on a commission

basis. However, insurance agents are barred from serving more than one insurance
company in order to protect the public and to enable insurance company to exercise
exclusive supervision over their agents.

C.) Between the job contractor and the client, there is no employer-employee
relationship.

No there is no employer-employee relationship. Contractor carries on a distinct and

independent business & undertakes to perform job, work or service on its own account
and under its own supervision, according to its own manner and method and free from
the control and direction of the principal in all matter connected with the perf of work
except as to the results thereof

D.) Between the messenger contractor and the bank, there is no employer-employee
relationship.

Yes, there is no employer-employee relationship if they do not draw their salary directly
from the principal, although the principal has control over them.

E.) Between Juan dela Cruz and the company who hired him as security, there is no
employer-employee relationship

No employer-employee relationship because their services are not necessary in the

conduct of the principal business of the employer and their principal does not pay them
directly.

F.) Exemptions to the power of control has the most significant element in determining
employer-employee relationship

Power to control the employee with respect to the means and methods by which the
work is to be accomplished aka control test. If employee does not need the actual
supervision from an employer, then there is no power to control.

G.) Death of an OFW, death benefits fall under the jurisdiction of the Labor arbiter.

Labor arbiters have jurisdiction over monetary claims of Overseas Filipino Workers
arising from employer-employee relationship.

H.) OFW who is not deployed has a cause of action against the recruitment agency

Yes, if the recruitment agency is not authorized or licensed by law as a recruitment

agency or the terms of his employment overseas is not fulfilled.

Also, if the recruitment agency fails to actually deploy without valid reasons as
determined by DOLE and if theres a failure to reimburse the expenses incurred by the
Gilbert Abella Ferrer, LLB 4th Year, SWU
Labor Law Review
worker in connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take place without the
workers fault.

I.) An injury sustain by an OFW during his period of employment is not compensable.

Where the primary injury is shown to have arisen in the course of employment, every
natural consequence that flows from the injury likewise arises out of the employment,
unless it is the result of an independent intervening cause attributable to claimants own
negligence or misconduct. Simply stated, all medical consequences and sequels that
flow from the primary injury are compensable.

J.) Justify if you can hire a person for employment abroad.

One needs to be a licensed and authorized recruitment agency to be able to hire

workers abroad.

Employers cannot directly hire workers for overseas employment except through
authorize entities.

K.) A person engage in the recruitment and placement of workers for employment abroad
can be charged of estafa at the same time.

Yes, CONVICTION for Illegal Recruitment is not a bar for filing suit against such person
for ESTAFA under the RPC as long as the requisites for said felony are present.

L.) An employee of a recruitment agency can be charged of illegal recruitment

Employees who have no control, do not manage nor direct the business may not be held
liable; unless, it is shown that such employees actively and consciously
participated in the illegal recruitment

M.) Handicap worker is entitled to 100% of the minimum wage rate as provided by law

The rate to be paid the handicapped workers to be employed which shall be not less
than seventy-five (75%) percent of the applicable legal minimum wage.

N.) A person not a handicap worker is entitled to 75% of the minimum wage rate by law

Only handicap persons are entitled to have a rate which shall be not less than seventy-
five (75%) percent of the applicable legal minimum wage.

Persons not handicap shall have the rate of not less than 100% of the minimum wage
rate.

O.) An apprentice is entitled to the wage rate for industrial workers

Apprenticeship Agreement is an employment contract wherein the employer binds

himself to train the apprentice and the apprentice in turn accepts the terms of training.

The apprentice only earns not less than 75% of the prescribed minimum wage

P.) An apprentice may work without compensation

An employer may not pay wage if the apprenticeship is:

1. A requirement for graduation

2. Required by the school
Gilbert Abella Ferrer, LLB 4th Year, SWU
Labor Law Review
3. Required by the training program curriculum
4. Requisite for board examination

Q.) An employee who works not exceeding 8 hours is entitled to overtime compensation.

Only employees exceeding 8 hours a day are entitled to overtime compensation.

However, some employers resort to Compressed Work Week to prevent serious losses
due to causes beyond his control, such as when there is substantial slump in demand for
his goods and services or when there is lack of raw material.

Instead of working 6 days a week, the employees will be regularly working for less than
6 days but each workday exceeds 8 hours. For the hours exceeding 8 hours in a
workday, the employees waived their overtime pay because in return, they will no
longer incur transport and other expenses.

R.) A field personnel who works beyond the normal working hours a day is not entitled to
overtime compensation.

Non-agricultural field personnel if they regularly perform their duties away from the
principal or branch office of place of business and whose actual hours of work in the
field cannot be determined with reasonable certainty.

S.) An employee who works 14 hours in a particular day whose not entitled to overtime
pay

Employers resort to Compressed Work Week to prevent serious losses due to causes
beyond his control, such as when there is substantial slump in demand for his goods and
services or when there is lack of raw material.

Instead of working 6 days a week, the employees will be regularly working for less than
6 days but each workday exceeds 8 hours. For the hours exceeding 8 hours in a
workday, the employees waived their overtime pay because in return, they will no
longer incur transport and other expenses.

T.) An employee who works from 10pm to 6am the following day is not entitled to night
shift differential, this employee is not a managerial employee, not a field worker, not
a domestic worker, worker paid by result and not a government worker.

This employee is working in the retail and service establishments.