Professional Documents
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Cases - Employer Employee
Cases - Employer Employee
EMPLOYEREMPLOYEE RELATIONSHIP The existence of an employeremployee relationship cannot be negated
by expressly repudiating it in a contract, when the terms and
A. Four Fold Test surroundingcircumstances show otherwise. The employment status of
a person is defined and prescribed by law and not by what the parties say
1. Republic of the Philippines vs SSS GR No. 172101 November 23, itshould be.
2007 A cooperative acquires juridical personality upon its registration with the
Facts: Cooperative Development Authority. It has its Board of Directors,which
directs and supervises its business; meaning its Board of Directors is the
Asiapro, as a cooperative, is composed of ownersmembers. Under its by
one in charge in the conduct and management of itsaffairs. With that, a
laws, ownersmembers are of two categories, (1)regular member, who is
cooperative can be likened to a corporation with a personality separate and
entitled to all the rights and privileges of membership ; and (2) associate
member, who has no right to vote and be voted upon and shall be entitled distinct from its ownersmembers. Consequently, an ownermember of a
only to such rights and privileges provided in its bylaws. Its primary cooperative can be an employee of the latter and the employeremployee
objectives are to provide savings and credit facilities and to develop other relationship can exist between them.
livelihood services for its ownersmembers.
In the discharge of the aforesaid primary objectives, respondent cooperative 2.Petitioner SSC‘s jurisdiction is clearly stated in Section 5 of R.A. No. 8282 as well as in Section 1,
entered into several Service Contracts with Stanfilco a division of DOLE Rule III of the 1997 SSS RevisedRules of Procedure.Sec. 5 of R.A. 8282
Philippines, Inc. and a company based in Bukidnon. The ownersmembers provides:
do not receive compensation or wages from the respondent ―Sec. 5 Settlement of Disputes
cooperative. Instead, they receive a share in the service surplus which
–(a) Any dispute arising under this Act with respect to coverage, benefits,
Asiapro earns from different areas of trade it engages in, such as the income
contributions and penaltiesthereon or any other matter related thereto, shall
derived from the said Service Contracts with Stanfilco. In order to enjoy the
be cognizable by the Commission
benefits under the Social Security Law of 1997, the ownersmembers of
Asiapro assigned to Stanfilco requested the services of the latter to register , xxx‖ (Emphasis Supplied)
them with SSS as selfemployed and to remit their contributions as such. Similarly, Section 1, Rule III of the 1997 SSS Revised Rules of Procedure
On September 26, 2002, petitioner SSS sent a letter to respondent states:
cooperative informing the latter that based on the Service Contracts it ―Section 1.Jurisdiction –
executed with Stanfilco, Asiapro is actually manpower contractor
Any dispute arising under the Social Security Act with respect to coverage,
supplying employees to Stanfilco and so, it is an employer of its owners
entitlement of benefits,collection and settlement of contributions and
members working with Stanfilco. Thus, Asiapro should register itself penalties thereon, or any other matter related thereto, shall be cognizable by
with petitioner SSS as an employer and make the corresponding report theCommission after the SSS through its President, Manager or Officerin
and remittance of premium contributions. charge of the Department/Branch/Representative Office
Despite letters received, respondent cooperative continuously ignored the concerned had first taken action thereon in writing.‖ (Emphasis supplied)
demand of petitioner SSS.
Accordingly, SSS filed a petition on June 12, 2003 before SSC against
It is clear then from the aforesaid provisions that any issue regarding
Asiapro and Stanfilco praying that either of them bedirected to register as an
the compulsory coverage of the SSS is well within the exclusive domain
employer and to report Asiapro‘s ownersmembers as covered employees under
of the petitioner SSC. It is important to note that the mandatory
the compulsory coverage of SSS and to remit the necessary
coverage under the SSS Law is premised on the existence of
contributions. Respondent cooperative filed its answer with Motion to
anemployeremployee relationship. Consequently, the respondent
Dismiss alleging that no employeremployee relationship exists between it
and its ownersmembers, thus, petitioner SSC has no jurisdiction over cooperative being the employer of its ownersmembers must registeras
therespondent cooperative. employer and report its ownersmembers as covered members of the SSS
and remit the necessary premium contributions inaccordance with the Social
Issues: Security Law of 1997.Accordingly, based on the allegations in the petition
1. Whether or not there exists an employeremployee relationship between complaint filed before the petitioner SSC, the case clearly falls within its
Asiapro Cooperative and its ownersmembers. jurisdiction.
2.Whether or not petitioner has jurisdiction over the petitioncomplaint filed
before it by SSS against the respondent cooperative.
2. Great Pacific Life Assurance Corp vs NLRC 187 SCRA 694 (1990)
SC Ruling:
Doctrines
1. YES.
In determining the existence of an employeremployee
Even if under the Insurance,, they are called “iinsurance agents””,, it does not
relationship, the following elements are considered: (1) the
follow that they are not empl oyees . The Insurance Code may govern the
selection and engagement of the workers; (2) the payment of
licensing requirements and other particular duties of insurance agents,, but it
wages by whatever means; (3) the power of dismissal; and (4) the
does not bar the application of the Labor Code with regard to labor standards
power to control theworker‘s conduct, with the latter assuming primacy in the
and labor relations
overall consideration. The most important element is the employer‘s control.
Summary
All the aforesaid elements are present in this case.
Insurance agents were terminated by Grepalife because of misconduct.. LA o T heir work at the time of their dismissal as zone supervisor and district
found just cause for dismissal but nevertheless ordered reinstatement.. NL RC manager are necessary and desirable to the usual business of the insurance
modified by changing reinstatement to payment of separation pay.. Grepalife company..
argues that there is no Er Ee relationship because they are agents.. SC
affirmed finding that Er Ee relationship exists.. Even if under the Insurance,, o A cursory reading of their respective functions as enumerated in their
they are called “iinsurance agents””,, it does not follow that they are not contracts reveals that the company practically dictates the manner by which
employees of Grepalife.. The Insurance Code may govern the licensing their jobs are to be carried out..
requirement s and other particular duties of insurance agents,, but it does not
bar the application of the Labor Code with regard to labor standards and labor
o Even if under the Insurance,, they are called “ insurance agents ” , it does
relations . SC clarified that separation pay is actually sanction for non
not follow that they are not employees of Grepalife.. The Insurance Code may
compliance of Grepalife to notice requirement..
govern the licensing requir ements and other particular duties of insurance
agents,, but it does not bar the application of the Labor Code with regard to
Facts labor standards and labor relations..
Brothers Rodrigo and Ernesto Ruiz entered into individual agency Whether or not there was grave abuse of discretion on the part of public
agreements with Grepalife respondent in ordering the award of separation pay to private respondents as
sanction for Grepalife's failure to accord them due process even though there
Ernesto was designated as district manager under a 3 year Agreement was finding of just cause for their dismissal (NNO))
LA:: labor arbiter ordered their reinstatement without backwages
o LA found that Rodrigo and Ernesto:: (11)) were employees of Grepalife;; B. Economic Reality Test
(22)) committed acts inimical to Grepalife's business;; and (33)) were 1. Orozco vs CA and Philippine Daily Inquirer GR No. 155207 (2008),
dismissed without first being afforded due process by way of a notice in wri 562 SCRA 36 (2008)
ting of the grounds for their dismissal.. FACTS:
NLRC affirm but awarded separation pay for Grepalife ’ s failure to observe In March 1990, Wilhelmina Orozco was hired as a writer by the Philippine
due process prior to their termination from employment.. Daily Inquirer (PDI). She was the columnist of “Feminist Reflections” under
the Lifestyle section of the publication. She writes on a weekly basis and on
Ratio//IIssues a per article basis (P250300/article).
b) PDI sets deadlines as to when Orozco must submit her article/s;
Issue:Whether or not employeremployee relationship existed between
c) PDI controls the number of articles to be submitted by Orozco;
petitioner and Basiao.
d) PDI requires a certain discipline from their writers so as to maintain
their readership.
Ruling: NO. In determining the existence of employeremployee
ISSUE:
relationship, the following elements are generally considered, namely: (1)
Whether or not a newspaper columnist is an employee of the newspaper the selection and engagement of the employee; (2) the payment of wages; (3)
which publishes the column. the power of dismissal; and (4) the power to control the employees’ conduct
RULING: — although the latter is the most important element.
No. The type of control being argued by Orozco is not the type of control
contemplated under the four fold test principle in labor law. The main It should, however, be obvious that not every form of control that the
determinant to test control is whether the rules set by the employer are meant hiring party reserves to himself over the conduct of the party hired in
to control not just the results of the work but also the means and method to relation to the services rendered may be accorded the effect of
be used by the hired party in order to achieve such results.
establishing an employeremployee relationship between them in the
In this case, the “control” exercised by PDI over Orozco, as mentioned legal or technical sense of the term. Rules and regulations governing the
earlier, is not that “control” contemplated under the four fold test. In fact, conduct of the business are provided for in the Insurance Code and enforced
such standards set by PDI is merely incidental or inherent in the newspaper
by the Insurance Commissioner. It is, therefore, usual and expected for an
business and is not an exercise of control over Orozco.
insurance company to promulgate a set of rules to guide its commission
Orozco has not shown that PDI, acting through its editors, dictated how she agents in selling its policies that they may not run afoul of the law and what
was to write or produce her articles each week. There were no restraints on
it requires or prohibits. None of these really invades the agent’s contractual
her creativity; Orozco was free to write her column in the manner and style
she was accustomed to and to use whatever research method she deemed prerogative to adopt his own selling methods or to sell insurance at his own
suitable for her purpose. The apparent limitation that she had to write only on time and convenience, hence cannot justifiably be said to establish an
subjects that befitted the Lifestyle section did not translate to control, but employeremployee relationship between him and the company.
was simply a logical consequence of the fact that her column appeared in
that section and therefore had to cater to the preference of the readers of that
section The Court, therefore, rules that under the contract invoked by him, Basiao
was not an employee of the petitioner, but a commission agent, an
independent contractor whose claim for unpaid commissions should have
C. Other forms of relationship been litigated in an ordinary civil action.
1. Independent Contractor /Job Contractors
a. DO No. 174
b. Insular Life Assurance Co Ltd vs NLRC GR No.
a. Singer Sewing Machine vs Drilon 193 SCRA270 (1991)
84484 [TC4] (1989); 179 SCRA 459 (1989)
Facts: Singer Machine Collectors UnionBaguio 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
2. Facts:
because the union members are not employees but independent
contractors as evidenced by the collection agency agreement which they
Petitioner Insular Life entered into a contract with respondent Basiao signed.
where the latter is authorized to solicit for insurance policies. Sometime
MedArbiter ruled that there exists an employeeemployer relationship and
later, the parties entered into another contract which caused Basiao to granted the certification election which was affirmed by Sec. Drilon. The
organize an agency in order to fulfill its terms. The contract being company files the present petition on the determination of the relationship.
The union insists that the provisions of the Collection Agreement belie the
subsequently terminated by petitioner, Basiao sued the latter which prompted
company’s position that the union members are independent contractors.
also for the termination of their engagement under the first contract. Basiao
thus filed before the Ministry of Labor seeking to recover alleged unpaid Issue: Whether or not there exists an employeremployee relationship
commissions. Petitioner contends that Basiao is not an employee but an between the parties.
RULING: No. The records of the case reveal that an employeremployee
Ruling: The present case calls for the application of the control test, which if relationship does not exist between the 17 shoeshiners and petitioner. The
not satisfied, would lead to the conclusion that no employeeemployer shoe shiner is distinct from a piece worker because while the latter is paid for
relationship exists. If the union members are not employees, no right to work accomplished, he does not, however, contribute anything to the capital
organize for the purpose of bargaining or as a bargaining agent cannot be of the employer other than his service.
recognized.
It is the employer of the piece worker who pays his wages, while
The following elements are generally considered in the determination of the the shoe shiner in this instance is paid directly by his customer.
relationship: the selection and engagement of the employee, payment of The piece worker is paid for work accomplished without regard or
wages, power of dismissal and the power to control the employee’s conduct concern to the profit as derived by his employer, but in the case of
which is the most important element. the shoe shiners, the proceeds derived from the trade are always
divided share and share alike with respondent BESA.
The nature of the relationship between a company and its collecting The shoe shiner can take his share of the proceeds everyday if he
agents depends on the circumstances of each particular relationship. Not wanted to or weekly as is the practice of Besas The employer of
all collecting agents are employees and neither are all collecting agents the piece worker supervises and controls his work, but in the case
independent contractors. of the shoe shiner, respondent BESA does not exercise any degree
of control or supervision over their person and their work. All
The agreement confirms the status of the collecting agents as independent these are not obtaining in the case of a piece worker as he is in fact
contractor. The requirement that collection agents utilize only receipt an employee in contemplation of law, distinct from the shoe shiner.
forms and report forms issued by the company and that reports shall be
submitted at least once a week is not necessarily an indication of control Entitlement of the minimum requirements of the law particularly on
over the means by which the job collection is to be performed. Even if wages and allowances presupposes the existence of employeremployee
report requirements are to be called control measures, any control is only relationship which is determined by the concurrence of the following
with respect to the end result of the collection since the requirements regulate conditions: 1. right to hire; 2. payment of wages; 3. right to fire; and 4. control
the things to be done after the performance of the collection job or the and supervision. The most important condition to be considered is the exercise
rendition of service. of control and supervision over the employees.
The plain language of the agreement reveals that the designation as These shoe shiners are not employees of the company, but are partners
collection agent does not create an employment relationship and that the instead. This is due to the fact that the owner/manager does not exercise
applicant is to be considered at all times as an independent contractor. control and supervision over the shoe shiners. That the shiners have their own
customers from whom they charge the fee and divide the proceeds equally
The court finds that since private respondents are not employees of the with the owner, which make the owner categorized them as on purely
company, they are not entitled to the constitutional right to form or join a commission basis.
labor organization for the purposes of collective bargaining. There is no
constitutional and legal basis for their union to be granted their petition for
c. Sonza vs ABS CBN GR No. 138051 (2004) 431 SCRA 583 (2004)
direct certification.
Facts:
b. Besa vs Trajano 146 SCRA 501 (1986)
programming.” ABSCBN’s sole concern was the quality of the shows and The factors to be considered in determining the existence of an
their standing in the ratings. Clearly, ABSCBN did not exercise control over employeremployee relationship are: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; and (4) the
the means and methods of performance of SONZA’s work.
power to control the employee’s conduct. The socalled "control test" is
commonly regarded as the most crucial and determinative indicator of the
In any event, not all rules imposed by the hiring party on the hired party presence or absence of an employeremployee relationship. Under the
control test, an employeremployee relationship exists where the person for
indicate that the latter is an employee of the former. In this case, SONZA whom the services are performed reserves the right to control not only the
failed to show that these rules controlled his performance. We find that these end achieved, but also the manner and means to be used in reaching that end.
general rules are merely guidelines towards the achievement of the mutually
The conduct of private respondent was not subject to the control and
desired result, which are toprating television and radio programs that supervision of petitioner or any of its personnel. There was no allegation of
comply with standards of the industry. this, nor was evidence presented to prove it other than the bare allegation of
private respondent that he could not leave the work premises without
permission from petitioner. Private respondent himself decided how he
Being an exclusive talent does not by itself mean that SONZA is an would render electrical services to customers. If it is true that private
respondent was hired as [an] electrician, petitioner would have exercised
employee of ABSCBN. Even an independent contractor can validly
supervision and control over the means and manner he performed his
provide his services exclusively to the hiring party. In the broadcast electrical services for, otherwise, if private respondent’s work was
industry, exclusivity is not necessarily the same as control. unsatisfactory, it would reflect on the business of petitioner.
Private respondent was free to offer his services to other stores along
*Not every performance of services for a fee creates an employeremployee Banaue, Quezon City, as evidenced by the affidavit of Caroline Tan To,
Assistant Manager of Share Motor Sales (Annex B, Reply to Private
relationship. To hold that every person who renders services to another for
Respondent’s Comment dated August 5, 1996) and private respondent’s own
a fee is an employee – to give meaning to the security of tenure clause – admission. But although private respondent admits that he rendered
will lead to absurd results. electrical services to the customers of other stores, he claims that petitioner
allowed him to do so. If private respondent was an employee of petitioner, it
was unthinkable for petitioner to allow private respondent to render electrical
d. Ushio Marketing vs NLRC GR No. 124551, August 28, 1998 services to three other stores selling automobile spare parts and accessories
who were its competitors.
Facts:
It is clear that petitioner did not have the power to control private respondent
“[w]ith respect to the means and methods by which his work was to be
Petitioner urges us to annul the decision of the National Labor Relations
accomplished” (Continental Marble Corporation, et al. vs. National Labor
Commission (NLRC) which reversed the Labor Arbiter's decision which
Relations Commission, 161 SCRA 151, 158 [1988]).
denied petitioner’s motion for reconsideration.
Private respondent allowed petitioner to collect service fees from his
Private respondent Severino Antonio was an electrician who worked within
customers. He received said fees on a weekly basis. This arrangement,
the premises of petitioner Ushio’s car accessory shop in Banawe, Quezon
albeit peculiar, does not prove the existence of an employeremployee
City. On August 22, 1994, private respondent filed a complaint for illegal
relationship. In Besa vs. Trajano, 146 SCRA 501, 506 [1986], the shoe
dismissal, nonpayment of overtime pay, holiday pay, and other benefits
shiner rendering services in the premises of Besa, received from Besa the
against petitioner Ushio Marketing which was docketed as NLRC NCR Case
payments for his services on a weekly basis. Yet the shoe shiner was not
No. 080614794 and assigned to Labor Arbiter Facundo L. Leda.
considered an employee of Besa. This is the same arrangement between
In Petitioner’s Motion to Dismiss, she alleged that it was a single petitioner and private respondent.
proprietorship engaged in the business of selling automobile spare parts and
accessories. Petitioner claimed that private respondent was not among her WHEREFORE, judgment is hereby rendered GRANTING the petition,
REVERSING the challenged decision and resolution of the National Labor
Relations Commission in NLRCNCR CA No. 00849595 and
REINSTATING the Order of 13 January 1995 of the Labor Arbiter in
NLRCNCR Case No. 080614794.
[TC1]: (1) the selection andengagement of the workers; (2) the payment of
wages by whatever means; (3) the power of dismissal; and (4) the power
to control theworker‘s conduct, with the latter assuming primacy in the overall consideration
[TC2]The SC highlighted the importance of control test. In this case the
court saw that the company practically dictates on how the agents will do
their work.
Being an insurance agent does not necessarily mean that EREE relationship
does not exist.
[TC3]The main determinant to test control is whether the rules set by the
employer are meant to control not just the results of the work but also the
means and method to be used by the hired party in order to achieve such
results.
The economic realities prevailing within the activity or between the parties
are examined, taking into consideration the totality of circumstances
surrounding the true nature of the relationship between the parties. 37 This is
especially appropriate when, as in this case, there is no written agreement or
contract on which to base the relationship. In our jurisdiction, the benchmark
of economic reality in analyzing possible employment relationships for
purposes of applying the Labor Code ought to be the economic dependence
of the worker on his employer.38
Petitioner’s main occupation is not as a columnist for respondent but as a
women’s rights advocate working in various women’s
organizations.39 Likewise, she herself admits that she also contributes articles
to other publications.40 Thus, it cannot be said that petitioner was dependent
on respondent PDI for her continued employment in respondent’s line of
business.41
[TC4] independent contractor where said agent and others similarly placed
were: (a) paid compensation in the form of commissions based on
percentages of their sales, any balance of commissions earned being payable
to their legal representatives in the event of death or registration; (b) required
to put up performance bonds; (c) subject to a set of rules and regulations
governing the performance of their duties under the agreement with the
company and termination of their services for certain causes; (d) not required
to report for work at any time, nor to devote their time exclusively to
working for the company nor to submit a record of their activities, and who,
finally, shouldered their own selling and transportation expenses.