Professional Documents
Culture Documents
II Employees
II Employees
II Employees
Employer-employee
relationship
contractual in character.
is
Four-Fold Test
Payment of wages
Power of dismissal
Power of Control
The power of control refers merely to the existence of
the power and not to the actual exercise.
The power of control does not exist if the rules merely
serves as guidelines towards the achievement of the
mutually desired result without dictating the means &
methods to be employed in attaining it.
Questions
1. Why is it important to determine whether
there is an employer-employee relationship
between the parties?
2. What form of evidence is needed to prove
the existence of that relationship?
CASE ANALYSIS
1) Tailors, pressers and stitchers worked in the
tailoring department of Black Shop. They were paid
on a weekly basis & were required to report to work
from Mondays to Saturdays & to stay in the job for
no less than 8 hours a day unless there is no job
order in which case they are free to leave the
factory. Black Shop claims they are not employees
of the company because they are free to leave the
factory when there is no job order for the day.
DECIDE.
6) Andrew worked as a volunteer reporter for ABSCBN. He did not receive any salary from the station
but was given an allowance when there is a
coverage. Unlike other reporters, he was not
required to adhere to a program schedule & the
station did not have editorial rights over his reports.
However, he has to be in the station office at least
once a week to submit his news report. Is he an
employee of ABS-CBN?