employer-employee relationship Archives

05 Oct

It is Highly Improbable to Render Work for Five Employers in a Span of One Week

This is a case involving the complainant’s claim of existence of employer-employee relationship. Facts: Anselmo Bulanon alleged that he was hired as a Welder/Fabricator in the furniture business of respondent Eric Ng Mendoza (Eric). Eric owns various furniture businesses namely, Mendco Development Corporation (Mendco ), Pinnacle Casting Corporation (Pinnacle), Mastercraft Phil. Inc. (Mastercraft), and Jacquer International (Jaquer). The case arose when Bulanon initially filed a Complaint against respondents Eric, Mendco, Pinnacle, Mastercraft, and Jacquer (respondents collectively), before the Department of Labor and [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, employer-employee relationship, labor, labor case, Labor Code, labor law 0 Comments Read more...

07 Feb

Employee ID Issued may not be Competent to Prove Employment Relationship

One of the usual ways to prove employer-employee relationship is the presentation of employee ID. However, there can be an instance where an ID card bearing the label “Employee Name” may not be competent to prove employment relationship. In a dispute over the existence of employer-employee relationship, the Court examines the circumstances surrounding the parties or the complainant and the respondents. The rule in a claim of existence of employer-employee relationship is that the claimant has the burden of proof. It [...]

By Atty Elvin Labor Law employer-employee relationship, employment relationship, labor, labor case, labor dispute, labor law 0 Comments Read more...

31 Dec

Employer Employee Relationship Issue in a Labor Dispute

While the Labor Arbiter (LA) has no jurisdiction over dispute that does not arise from employer-employee relationship, the determination of whether such relationship exists lies with the LA also. In the case of Atok Big Wedge Company, Inc. vs. Gison (G.R. No. 169510, August 8, 2011), the Supreme Court (SC) held that well-entrenched is the doctrine that the existence of an employer-employee relationship is ultimately a question of fact and that the findings thereon by the Labor Arbiter and the [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employer-employee relationship, labor case, Labor Code, labor dispute, labor law, nlrc 0 Comments Read more...

20 Sep

Burden to Prove Existence of Employer-Employee Relationship Lies with the Claimant

To ascertain the existence of an employer-employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct, or the so-called “control test.” This is highly relevant in a labor dispute involving a claim of illegal dismissal. Although no particular form of evidence is required to prove the existence of an employer-employee relationship, and [...]

By Atty Elvin Labor Law burden of proof, employer-employee relationship 11 Comments Read more...

09 Feb

WAGES PAID PER TRIP CANNOT ESTABLISH THE EXISTENCE OF AN EMPLOYER-EMPLOYEE RELATIONSHIP BECAUSE THIS IS MERE METHOD OF COMPUTING THE PROPER COMPENSATION

Wages paid on various methods cannot establish existence of employer-employee relationship because it is a mere method of payment. The SC held in the case of Expedition Construction Corporation, et al. vs. Africa, et al., (G.R. No. 228671, December 14, 2017), as follows: Jurisprudence adhered to the four-fold test in determining the existence of an employer-employee relationship, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the [...]

By Atty Elvin Labor Law employer-employee relationship, four-fold test 8 Comments Read more...

12 Apr

DOLE Findings Should Contain Determination of Employer-Employee Relationship

Under Article 128 of the Labor Code, the Secretary of Labor, or any of his or her authorized representatives, is granted visitorial and enforcement powers for the purpose of determining violations of, and enforcing, the Labor Code and any labor law, wage order, or rules and regulations issued pursuant thereto. Indispensable to the DOLE’s exercise of such power is the existence of an actual employer-employee relationship between the parties. The power of the DOLE to determine the existence of an [...]

By Atty Elvin Labor Law employer-employee relationship 12 Comments Read more...

04 Apr

Registration or Remittance with SSS as employer is an admission of employment relationship

Tirso Enopia and others were hired as crew members of the fishing mother boat FIB MG-28 owned by respondent Joaquin “Jake” Lu who is the sole proprietor of Mommy Gina Tuna Resources [MGTR] based in General Santos City. The parties had an income-sharing arrangement wherein 55% goes to Lu, 45% to the crew members, with an additional 4% as “backing incentive.” They also equally share the expenses for the maintenance and repair of the mother boat, and for the purchase [...]

By Atty Elvin Labor Law employer-employee relationship 13 Comments Read more...

02 Apr

The DOLE Decision Should Contain Findings of Employer-Employee Relationship

The DOLE conducted a Complaint Inspection at the premises of DXCP Radio Station, which is owned by South Cotabato Communications Corporation. The inspection yielded a finding of violation of labor standards provisions of the Labor Code involving the nine (9) private respondents. Consequently, the DOLE issued a Notice of Inspection Result directing South Cotabato Communications Corporation, to effect restitution and/or correction of the alleged violations within five (5) days from notice. Due to South Cotabato Communications Corporation failure to comply [...]

By Atty Elvin Labor Law employer-employee relationship 15 Comments Read more...

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