Labor Er-Ee - Larida
Labor Er-Ee - Larida
Labor Er-Ee - Larida
and Case
No.
Petitioner:
Paz Martin
Jo, Cesar Jo
Responden
t: Peter
Mejila, NLRC
G.R. No.
121605
The
The work
Is there Employerbusiness
of the
Employee
of the
complainan
relationship?
company
t
Barber Shop Barber
Yes
In determining the
existence
of
an
employer-employee
relationship,
the
following
elements
are considered: (1)
the
selection
and
engagement of the
workers; (2) power of
dismissal;
(3)
the
payment of wages by
whatever means; and
(4) the power to
control the worker's
conduct,
with
the
latter
assuming
primacy in the overall
consideration.
The
power
of
control
refers
to
the
existence
of
the
power
and
not
necessarily to the
actual
exercise
thereof. It is not
essential
for
the
employer to actually
supervise
the
performance of duties
of the employee; it is
enough
that
the
employer has the
right to wield that
power.
trade
whose
compensation was based
on
a
sharing
arrangement per haircut
or shaving job done.
Petitioner:
Restituto
Palomado
Rice Mill
Truck Driver
The
labor
arbiter
found
that
the
documentary
evidence
presented
by said respondent
overwhelmingly
negated petitioner's
allegations that he
had been employed
by Tan, who it turned
out was himself but
an
employee
of
Marling Rice Mill, and
who
subsequently
became proprietor of
his own business (R.
S. Ricemill), which
started operations in
1986, and which was
never impleaded by
petitioner as partyrespondent in the
case. Thus,
the
arbiter
ruled
that
there
existed
no
employer-employee
relationship between
the herein petitioner
and
respondent
Rolando O. Tan, and
dismissed
the
petitioner's claims for
lack of merit.
Responden
ts: Marling
Rice Mill, Ma
rio
Tan
Ten Kuan
and Rolando
Tan
G.R. No.
96520
Petitioner:
Insular Life
Assurance
Co. Ltd.
Responden
t: Pantaleon
de los Reyes
No.
Insurance
Company
Insurance
Agent
YES
It determined that
respondent De los
Reyes was under the
effective control of
petitioner
in
the
critical
and
most
important aspects of
his work as Unit
Manager.
This
conclusion
was
derived
from
the
provisions
in
the
contract
which
appointed
private
respondent as Acting
Unit Manager, to wit:
G.R. No.
119930
Insurance
Company
Insurance
Agent
No
Rules and regulations
governing
the
conduct
of
the
business are provided
for in the Insurance
Code and enforced by
the
Insurance
Commissioner.
Petitioner:
Purificacion
Tabang
Responden
t: Pamana
Golden Care
Medical
Center
Foundation,
Hospital
Medical
Director &
Hospital
Administrato
r
Inc.
G.R. No.
121143
Petitioner:
AFP Mutual
Benefit
Association
Responden
t: Eutiquio
Bustamante
G.R. 102199
Insurance
Company
Insurance
Underwriter
Trustees
in
its
memorandum
of
October 30, 1990,
she is deemed an
officer
of
the
corporation. Perforce,
Section
5(c)
of
Presidential
Decree
No.
902-A,
which
provides that the SEC
exercises
exclusive
jurisdiction
over
controversies in the
election
or
appointment
of
directors,
trustees,
officers or managers
of
corporations,
partnerships
or
associations, applies
in
the
present
dispute. Accordingly,
jurisdiction over the
same is vested in the
SEC, and not in the
Labor Arbiter or the
NLRC.
surgical
services.
In
1990,
the
Board
of
Trustees
issued
a
memorandum appointing
Purificacion as Medical
Director
and
Hospital
Administrator
of
the
foundations
medical
center.
A
medical
director and aa hospital
administrator
are
considered as corporate
officers
under
the
foundations
by-laws.
When
the
Board
of
Trustees
relieved
Purificacion
of
her
position
as
Medical
Director
and
Hospital
Administrator, she filed a
complaint
for
illegal
dismissal
and
nonpayment of wages before
the Labor Arbiter.
No.
AFP
dismissed
Bustamante
for
misrepresentation and for
simultaneously
selling
insurance for another life
insurance company in
violation
of
said
agreement.
A disagreement ensued
as to the entitlement of
Bustamante
over
his
salaries.
This
prompted
Bustamante to file a
complaint with the Office
of
the
Insurance
Commissioner
who
advised Bustamante that
it was the DOLE that had
jurisdiction
over
his
complaint.
Bustamante
filed
his
complaint
with
the
Department of Labor.
The jurisdiction of the
DOLE was questioned on
the ground of lack of EER
between Bustamante and
AFP.
Nurses
No
The Court holds that
respondent doctor is
a
legitimate
independent
contractor. That
Shangri-la
provides
the clinic premises
and medical supplies
for
use
of
its
employees
and
guests
does
not
necessarily
prove
that
respondent
doctor
lacks
substantial
capital
and
investment. Besides,
the maintenance of a
clinic and provision of
medical services to
its
employees
is
required under Art.
157, which are not
directly related to
Shangri-las principal
business operation of
hotels
and
restaurants.
Broadcastin TV and
g&
Radio Host
Entertainme
Responden nt
t:
Company
ABS-CBN
Broadcastin
g
Corporation
G.R. No.
138051
NO
NO.
All the elements to
show EER are present
here.
Selection
and
Engagement
of
Employee:
The
specific selection and
hiring
of
SONZA,
because of his unique
skills,
talent
and
celebrity status not
possessed
by
ordinary employees,
is a circumstance
indicative, but not
conclusive,
of
an
independent
contractual
relationship.
Payment of Wages:
All the talent fees and
benefits
paid
to
SONZA
were
the
result of negotiations
that
led
to
the
Agreement.
If SONZA were ABSCBNs
employee,
there would be no
need for the parties
to
stipulate
on
benefits
such
as
SSS, Medicare, x x x
and 13th month pay
which
the
law
automatically
incorporates
into
every
employeremployee contract.
Whatever
benefits
SONZA enjoyed arose
from contract and not
because
of
an
employer-employee
relationship.
Further,
whatever
benefits SONZA enjoyed
arose
from
specific
agreement by the parties
and not by reason of
employer-employee
relationship.
The
CA
upheld
the
SONZAs talent fees decision rendered by the
are so huge and out labor arbiter and the
of the ordinary that NLRC.
they indicate more an
independent
contractual
relationship
rather
than an employeremployee
relationship.
Power of Dismissal:
SONZA failed to show
that ABS-CBN could
terminate his services
on
grounds
other
than
breach
of
contract,
such
as
retrenchment
to
prevent
losses
as
provided under labor
laws.
Even if it suffered
severe
business
losses,
ABS-CBN
could not retrench
SONZA because ABSCBN
remained
obligated
to
pay
SONZAs talent fees
during the life of the
Agreement.
This
circumstance
indicates
an
independent
contractual
relationship between
SONZA and ABS-CBN.
Power
of
Control:
ABS-CBN
was
not
involved in the actual
performance
that
produced the finished
product of SONZAs
work.
ABS-CBNs
control
was limited only to
the result of SONZAs
work,
whether
to
broadcast the final
product or not.
In
any event, ABS-CBN
must
still
pay
SONZAs talent fees
in full until the expiry
of the Agreement.
A radio broadcast
specialist who works
under
minimal
supervision
is
an
independent
contractor.
SONZAs
work
as
television and radio
program
host
required special skills
and
talent,
which
SONZA
admittedly
possesses.
The
records do not show
that
ABS-CBN
exercised
any
supervision
and
control
over
how
SONZA utilized his
skills and talent in his
shows.
The
Agreement
between SONZA and
ABS CBN stipulates
that
SONZA
shall
abide with the rules
and
standards
of
performance
covering talents of
ABS-CBN but these
were
merely
guidelines for the
achievement
of
a
mutually-desired
result of top ratings.
Petitioner:
Wilhelmina
S. Orozco
Responden
t: Philippine
Daily
Inquirer and
Leticia
Jimenez
Magsanoc
G.R. No.
155207
Publication
Columnist
NO
The existence of an
employer-employee
relationship
is
essentially
a
questions
of
fact.
Factual findings of
quasi-judicial
agencies
like
the
NLRC are generally
accorded respect and
finality if supported
by
substantial In 1991, Magsanoc as the
evidence.
editor-in-chief sought to
improve
the
Lifestyle
This
Court
has section of the paper. She
constantly adhered to said there were too many
the FOUR-FOLD TEST Lifestyle writers and that
to determine whether it was time to reduce the
there
exists
an number
of
writers.
employee-employer
Orozcos
column
was
relationship between eventually dropped.
parties.
The
four
elements
of
an Orozco filed for a case for
employee
Illegal Dismissal against
relationship are the
PDI
and
Magsanoc.
selection
and
engagement of the Orozco won in the Labor
employee;
the Arbiter. The LA ruled that
payment of wages; there exists an employerthe
power
of employee
relationship
Beverage
Production
Medical
Doctor
No
The Court agrees with
the finding of the
Labor Arbiter and the
NLRC
that
the
circumstances of this
case show that no
employer-employee
relationship
exist
between the parties,
they correctly found
that
petitioner
company lacked the
power of control over
the performance by
respondent
of
his
duties.
The
Labor