SINGER SEWING MACHINE COMPANY vs. HON.

FRANKLIN DRILON
193 SCRA 271
Facts: Singer Machine Collectors Union-Baguio filed a petition for direct certification as
the sole and exclusive bargaining agent of all collectors of Singer Sewing Machine. The
company opposed the petition mainly because the union members are not employees
but independent contractors as evidenced by the collection agency agreement which
they signed.
Med-Arbiter ruled that there exists an employee-employer relationship and granted the
certification election which was affirmed by Sec. Drilon. The company files the present
petition on the determination of the relationship. The union insist that the provisions of
the Collection Agreement belie the companys position that the union members are
independent contractors.
Issue: Whether or not there exists an employer-employee relationship between the
parties.
Ruling:
The following elements are generally considered in the determination of the
relationship: the selection and engagement of the employee, payment of wages, power
of dismissal and the power to control the employees conduct which is the most
important element.
The plain language of the agreement reveals that the designation as collection
agent does not create an employment relationship and that the applicant is to be
considered at all times as an independent contractor.