Page 167 of the E-Book

eto pinagbasehan ni AJ:

"the existence of an employer-employee relationship is not a matter of

stipulation; it is a QUESTION OF LAW."

pero after that statement... mayrong kasunod :

But the conclusion that an employer-employee relationship exists depends upon

the facts of each case. In one case an employer-employee relationship may be said
to be present, but in another case, with different facts, it may be absent.

In this sense, the existence of an employer-employee relationship is a

question of fact.

"Four-Fold Test" (page 170)

It is the so-called "control test" that is the most important element.

Brotherhood" Labor Unity Movement of the Philippines, et al. vs. Zamora, G.R. No.
48645, January 7, 1987.

(a) the selection and engagement of the employee;

(B) The payment of wages; 3 out
(c) the power of dismissal; and
(d) the employer's power to control the employee with respect to the means and
methods by which the work is to be accomplished.

864261
Sonza v ABS-CBN
https://lawphil.net/judjuris/juri2004/jun2004/gr_138051_2004.html

Clientlogic v Castro, gr 186070, april 11, 2011

a)
https://lawphil.net/judjuris/juri2011/apr2011/gr_186070_2011.html
b)
https://vbdiaz.wordpress.com/2016/12/20/clientlogic-sitel-vs-castro-digest/

Art. 82
Art. 212
Art. 219

page 173 of eBook

Ruling: There are instances when, aside from the-employer's power to control the
employee with respect to the means and methods by which the work is to be
accomplished, economic realities of the employment relations help provide a
comprehensive analysis of the true classification of the individual, whether as
employee, independent contractor, corporate officer or some other capacity.

The better approach would therefore be to adopt a TWO-TIERED TEST involving:

(1) the putative employer's power to control the employee with respect to the means
and methods by which the work is to be accomplished; and
(2) the underlying economic realities of the activity or relationship.

This two-tiered test would provide us with a framework of analysis, which would
take into consideration the totality of circumstances surrounding the true nature
of the relationship between the parties. This is especially appropriate in this
case where there is no written agreement or terms of reference to base the
relationship
on; and due to the complexity of the relationship based on the various positions
and responsibilities given to the worker over the period of the latter's
employment.

Thus, the determination of the relationship between employer and employee depends
upon the circumstances of the whole economic activity, such as:

(1)the extent to which the services performed are an integral part of the
employer's business;
(2) the extent of the worker's investment in equipment and facilities;
(3) The nature and degree of control exercised by the employer;
(4) The worker's opportunity for profit and loss;
(5) The amount of initiative, skill, judgment or foresight required for the success
of the claimed independent enterprise;
(6) The permanency and duration of the relationship between the worker and the
employer; and
(7) the degree of dependency of the worker upon the employer for his continued
employment in that line of business.