employer-employee relationship Archives

February 22, 2017

Published by Atty Elvin B. Villanueva at February 22, 2017

DOLE FINDINGS OF LABOR STANDARDS LIABILITIES REQUIRE DETERMINATION OF EMPLOYER-EMPLOYEE RELATIONSHIP AS PART OF DUE PROCESS

South Cotabato Communications Corporation and Gauvain J. Benzonan vs. Hon. Patricia Sto. Tomas, et al. G.R. No. 217575. June 15, 2016 Facts: The DOLE conducted a […]

March 22, 2017

Published by Atty Elvin B. Villanueva at March 22, 2017

ACTUAL SUPERVISION IS NOT REQUIRED FOR ELEMENT OF CONTROL TO EXIST

Felicilda vs. Uy G.R. No. 221241, September 14, 2016 Facts: Petitioner alleged that respondent Manchesteve H. Uy (respondent) hired him as a truck driver for the […]

March 30, 2017

Published by Atty Elvin B. Villanueva at March 30, 2017

EMPLOYMENT CONTRACT MAY ESTABLISH MOTIVE BEHIND EMPLOYEE DISMISSAL; EXEMPTION FROM 13TH MONTH PAY OF WORKERS ON TASK BASIS

Nate Casket Maker vs. Arango, et al. G.R. No. 192282. October 5, 2016 Facts: Petitioners Armando and Anely Nate are the owners/proprietors of A. Nate Casket […]

April 5, 2017

Published by Atty Elvin B. Villanueva at April 5, 2017

REGISTRATION WITH SSS IS AN ADMISSION THAT THERE IS EMPLOYER-EMPLOYEE RELATIONSHIP

Lu vs. Enopia, et al. G.R. No. 197899, March 6, 2017 Facts: Enopia and others were hired from January 20, 1994 to March 20, 1996 as […]

August 18, 2017

Published by Atty Elvin B. Villanueva at August 18, 2017

EMPLOYER-EMPLOYEE RELATIONSHIP DOES NOT EXIST WHERE THE SUPPOSED EMPLOYEE IS NOT SUBJECT TO A SET OF RULES AND REGULATIONS GOVERNING THE PERFORMANCE OF HIS DUTIES AND IS NOT REQUIRED TO REPORT FOR WORK AT ANY TIME, NOR TO DEVOTE HIS TIME EXCLUSIVELY TO WORKING FOR THE COMPANY

Employer-employee relationship is a requisite for the labor arbiter to acquire jurisdiction over the complaint. The Court once again had the opportunity to rule on the […]

February 10, 2018

Published by Atty Elvin B. Villanueva at February 10, 2018

WAGES PAID PER TRIP DO NOT DETERMINE THE EXISTENCE OR ABSENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

Wages that are paid in terms of per-trip basis for drivers do not establish employer-employee relationship. This arrangement is a mere mode of payment of wages […]

March 23, 2018

Published by Atty Elvin B. Villanueva at March 23, 2018

CONTRACT OF EMPLOYMENT TAKES EFFECT ONLY BETWEEN THE PARTIES

Contract of employment takes effect only between the parties, their assigns and heirs, except in case where the lights and obligations arising from the contract are […]

August 2, 2018

Published by Atty Elvin B. Villanueva at August 2, 2018

LABOR OBLIGATIONS OF OPERATING COMPANY CANNOT EXTEND TO A HOLDING COMPANY IN A VALID CORPORATE SPIN-OFF

Labor obligations must be complied by employers. However, where the original corporation validly created a spin-off entity the labor obligation of the subsidiary cannot extend to […]

September 1, 2019

Published by Atty Elvin B. Villanueva at September 1, 2019

AN INDIVIDUAL APPOINTED BY THE BOARD BUT WHOSE POSITION IS NOT PROVIDED IN THE BY-LAWS IS NOT A CORPORATE OFFICER

An individual is not a corporate officer because neither the Corporation Code nor the by-laws of the respective corporations provided so. Thus, the SC held in […]