Professional Documents
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Q and A Tape Case
Q and A Tape Case
2.) Respondent -
Roberto C. Servaña
Nag serve sya as a security guard para sa TAPE mula noong year 1987 of March
hanggang siya ay tinerminate or tinanggal noong March 3 2000.
Employer-Employee Relationship
Ito po is basic concept in labor law is that of
“employer employee relationship”. When is an
employer-employee relationship deemed to exist?
The Supreme Court had once againoccasion to answer this question in the case of
TELEVISION AND PRODUCTION EXPONENTS,INC. and/or ANTONIO P. TUVIERA
versusROBERTO C. SERVAÑA, (G.R. No. 167648,January 28, 2008).
Illegal dismissal and nonpayment of benefits against TAPE.
(The case involves a complaint for illegal dismissal and nonpayment of benefits
filed by Servana against TAPE. Servana claimed that he was initially connected
with Agro-Commercial Security Agency but was later hired as a regular company
guard by TAPE. TAPE claimed that Servana was merely a "talent" and/or
independent
contractor.)
Iginiit pa niya na ang kanyang pagpapaalis sa kanya was undertaken without due
process na lumalabag sa. existing labor laws, aggravated or pinalala ng hindi
pagbabayad sa kanya ng separation pay.
Naghain ang TAPE ng instant petition for review Ang TAPE ay naghahatid ng mga
sumusunod na argumento: na... hindi ito kumuha ng respondent, sa halip ay ang
huli ang nag-alok ng kanyang mga service as a talent sa TAPE; na may date
Memorandum. 2000 served on respondent was for the discontinuancen ng
contract para sa mga security services and not a termination letter; at and that
the talent fees... given to respondent were the pre-agreed consideration for the
services rendered at hindi dapat ituring bilang sahod. Dahil sa element of kontrol,
iginiit ng TAPE na wala itong kontrol sa respondent dahil malaya siyang gumamit
ng mga paraan at pamamaraan kung saan siya makokontrol at. to manage the live
audiences, as well as the safety of TAPE's stars and guests.
ilang years nagtrabaho yung security guard and ano ginagawa nya as security
guard?
13 YEARS.
determine kung merong employee and employer relationship
MERON.
merong employee and employer relationship, bcos Servaña was hired by Tape.
which he was from agro-commercial security agency. before having employment,
there shall be an employment agreement. which binds the employee and
employer. kaya merong relationship between them. also may terms and
conditions dun kaya impossible na meet talent lang si servaña.
identify nyo rin pala be kung saang 4 fold test related tong case na to.
4 FOLD TEST: