October 1, 2021

Rights of Employees:
Article 3 Section 2 – Rights of employees to human conditions of work
ex: provided with comfort room for men and women, lavatory, pantry
Article 13 sec 3 part 2 - employees should be given minimum wage
Article 13 Sec 3 Para 4 – Just share to fruits of production of employees
Rights to Self Organization – rights to organize themselves by recruiting other members of
company to join organization
Right to Collective Bargaining and Negotiations – employees will be represented in negotiating
terms of employments with employees
Right to Strike – employee has the right to voice out
Right to Security of Tenure – most sacred, no employees must not be terminated without due
process
Right to Participate in Policy and Decision Making Policies –
Importance of Employer- Employee Relationship
4 fold Test – determine existance of Employeer Employee Relationship
4 aspects of 4 fold test
1. Power to select/enage/hire employees – company thru hr has power to hire employees
who is fit for the job
2. Payment of Wages – company is obliged to pay the minimum wage
3. Power of Dismissal – right to discipline employees due to violation of policy
4. Control Test – employer can control the power to which the work is to be performed
Labor Contracting – power of control is not present
Ex: referee in basketball (he has the power to do work but how he does his work cannot be
controlled)
General Rule: during a cause of action employee must establish the employee employer
relationship
- An employee can prove employeer employee relationship by showing: company id,
payment slip, employment contract, show-cause memorandum
- If there are no documents to be shown, employee can have “means of affidavit” by co
employee or officer of company to attest that you are employee to company.
Economic Reality Test – determine of employee is economically dependent with employer/
dependent with employer in his line of business
How to determine if employee is economically dependent:
1. Number of years in company
2. Reported to SSS, good indicator of treating him as an employee
3. Registered in the payroll
4. Company uniform
October 8, 2021
DIffernece between employeer employee relatiosnhio
Principle independenship
Chief characteristics of an employee
Management perogatives
Legal limitations prohibitions prior to hiring