FOUR FOLD TEST

(EMPLOYER-EMPLOYEE RELATIONSHIP)

SELECTION AND ENGAGEMENT

OF THE EMPLOYEE

Angkas has a required "Angkas

Driver's Test" and conducts "Driver's
Seminar" to screen applicants.

PAYMENT OF WAGES

Riders do not receive compensation

from Angkas.

In fact, the company receives 10%

share from their drivers' profit
from their  transactions

POWER OF DISMISSAL

SANCTIONS provided by Angkas:

Warning (oral and written)
Suspension (may range from 3-15 days)
Ban (blocked access to Angkas Driver's app.)

CONTROL TEST
(Power to control employees' conduct)

> Angkas Riders are never subject to

definite working hours.

> Aside from their terms and

conditions of use, Angkas  does not
FAVORITE MUSIC PLAYLIST
intervene in the process by which
drivers carry Play all
outof yourtheir
favorite songs and sing
transactions/rides.along! If you want, you can even
dance around your house with a
sibling or a pet.

LABOR STANDARDS
 ECONOMIC REALITY TEST
EXTENT TO WHICH THE SERVICES PERFORMED ARE AN
INTEGRAL PART OF THE EMPLOYER’S BUSINESS
Angkas is essentially a transport-providing company, and the services of its
Riders to offer motorcyle transportation is an integral part of Angkas' business.

EXTENT OF THE WORKER’S INVESTMENT IN EQUIPMENT AND FACILITIES

Angkas requires that the riders provide for their own motorcycle and mobile device.

NATURE AND DEGREE OF CONTROL EXERCISED BY THE

EMPLOYER
Angkas Riders may exercise discretion in accepting passengers, in choosing a
place of work, in the number of hours they will work. Thus, there is no direct
supervision on the manner they conduct their transactions

WORKER’S OPPORTUNITY FOR PROFIT AND LOSS

It is up to the Rider's capacity to determine how many passengers he will accept, or

how many hours he will work; which are both factors in profit or in loss.

AMOUNT OF INITIATIVE, SKILL, JUDGMENT OR FORESIGHT REQUIRED

FOR THE SUCCESS OF THE CLAIMED INDEPENDENT ENTERPRISE

The standard that Angkas sets in selecting its Riders is an essential key in providing
quality service that shall prompt good customer feedback and company success.

PERMANENCY AND DURATION OF THE RELATIONSHIP

BETWEEN THE WORKER AND THE EMPLOYER

Given the fact that the Rider is free to determine his work hours and when and
where he can offer rides, he can, at any time, opt not to render service.,

DEGREE OF DEPENDENCY OF THE WORKER UPON THE

EMPLOYER FOR HIS CONTINUED EMPLOYMENT IN THAT LINE
OF BUSINESS
Angkas riders do not depend upon Angkas for their continued employment in their line
of business. The main factor in the continuity of their service is their capacity and will
to offer rides.

OTHER NOTES
FOUR FOLD TEST
ELEMENTS: ECONOMIC REALITY TEST
1. Selection and engagement of employees
2. Payment of wages ELEMENTS:
1. Extent to which the services performed are an
3. Power of dismissal
integral part of the employer’s business
4. Power to control employee's conduct 2. extent of the worker’s investment in equipment
and facilities
TWO-TIERED TEST 3. nature and degree of control exercised by the
employer
4. worker’s opportunity for profit and loss
TWO ELEMENTS: 5. amount of initiative, skill, judgment or foresight
required for the success of the claimed
Control test - the putative employer's independent enterprise
power to control the employee with 6. permanency and duration of the relationship
between the worker and the employer
respect to the means and methods by
7. degree of dependency of the worker upon the
which the work is to be accomplished employer for his continued employment in that
and line of business

Economic reality test - the underlying

economic realities of the activity or
relationship.

LABOR STANDARDS
 OTHER NOTES
EMPLOYER (AS DEFINED IN THE SOCIAL SECURITY LAW)

is any person, natural or juridical, domestic or foreign, who carries on it the Philippines
any trade, business, industry, undertaking or activity of any kind and uses the services
of another person who is under his orders as regards the employment, except the
Government and any of its political subdivisions, branches or instrumentalities,
including corporations owned or controlled by the Government 

EMPLOYEE (AS DEFINED IN THE SOCIAL SECURITY LAW)

is any person who performs services for an employer in which either or both mental
and physical efforts are used and who receives compensation for such services, where
there is an employer‐employee relationship.

WAGES (AS DEFINED IN THE LABOR CODE)

are remuneration or earnings, however designated, capable of being expressed in terms

of money, whether fixed or ascertained on a time, task, piece, or commission basis, or
other method of calculating the same, which is payable by an employer to an employee
under a written or unwritten contract of employment for work done or to be done, or
for services rendered or to be rendered

INDEPENDENT CONTRACTOR

TEST OF INDEPENDENT CONTRACTORSHIP

"whether one claiming to be an independent contractor has contracted to do work

according to his own methods and without being subject to the control of the employer,
except only as to the results of the work"
- (Allied Banking Corporation v. Calumpang, G.R. 219435, January 17, 2018.)

TYPES OF CONTRACTORSHIP

LABOR-ONLY CONTRACTING PERMISSIBLE JOB CONTRACTING

an arrangement where the contractor or ELEMENTS:

subcontractor merely recruits, supplies or
places workers to perform a job, work or service
for a principal.
- (Allied Banking Corporation v. Calumpang, 2018)
[PROHIBITED]
1) The contractor carries on an independent business
and undertakes the contract work on his own
account under his own responsibility according to
his own manner and method, free from the control
and direction of his employer or principal in all
matters connected with the performance of the
work except as to the results thereof;

2) The contractor has substantial capital or

investment in the form of tools, equipment,
machineries, work premises, and other materials
which are necessary in the conduct of his business.

(Sec. 8, Omnibus Rules implementing the Labor Code)

[LEGAL]

ANGKAS: PERMISSIBLE JOB CONTRACTING?

ELEMENTS:
1) independent business and own responsibility
> own manner and method
(free from the control of his employer or principal in
all matters connected with the performance of the
work except as to the results)

2) substantial capital or investment

(tools, equipment, machineries, work premises, and
materials necessary in the conduct of business)

(Sec. 8, Omnibus Rules implementing the Labor Code)

[LEGAL]