Labor Standards Flashcards
What is the four fold test of an employer-employee relationship?
- HIRING. The selection and engagement of the employee; (can be expressed or implied)
2.WAGES. The payment of wages;
- FIRING. The power of dismissal; and
- CONTROL. The employer’s power to control of the employee’s conduct.
Additional two tiered tests are:
- CONTROL. Control of the employee with respect to the means and methods by which the work is to be accomplished.
- ECONOMIC DEPENDENCE. No other source of living or income generating employment other that what was engaged with the said employers.
“Control” as to employer-employee relationship.
Control, the nature of dictating the means and methods to be employed in attaining the result, or of fixing the methodology and of binding or restricting the party hired to the use of these means.
Tongko vs. Manufacturers Life Insurance, GR 167622
What is meant in the Dual Juridical relationship?
It provides that dual juridical relationships may co-exist between an employer-employee. i.g. employer-employee and vendor-vendee. Once cannot cancel out the other.
Corporate Officer vs. Employee
the corporate officer is expressly mentioned in the by-laws otherwise he is an employee.
Contracting Relationship as defined? [principal, employer, employee]
Section 5 D.O. No. 18-A, 2011
- Trilateral relationship in contracting arrangements; Solidary liability. In legitimate contracting or subcontracting arrangement there exists:
(a) an employer-employee relationship between the contractor and the employees it engaged to perform the specific job, work or service being contracted; and
(b) A contractual relationship between the principal and the contractor as governed by the provisions of the civil Code.
What are the two tests for labor-only contracting?
In Quintanar vs. Cocal-cola bottlers, en banc,
- Sufficient capital or investment;
- Nature of the work performed (if the work performed is in the nature of directly related to the business of the capital, then there is a labor-only contracting)
Recite this by heart:
An employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
An employment shall b deemed regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
True or False. In project based employment, the termination of employment is limited to the duration of the project.
True.
Maraguinot Formula
Maraguinot v. NLRC, January 22, 1998
Conversion from project employment to regular employment.
- If there is continuous rehiring (repeated rehiring even if there are time gaps)
- For the same tasks or nature of tasks under different projects,
- Which tasks are vital, necessary and indispensable to the usual business or trade of the employer,
- An employee who was initially hired as project employee may eventually acquire regular status.
Difference between project employment and fixed term employment.
Brent School vs. Zamora 1990
Valid fixed term agreement:
1. There should be an equal terms between the employer and the employee without moral dominance exerted by the employer against the employee.
- Limited to the terms agreed upon.
Valid Project employment:
1. There is a project that needs the skill or service of the employee.
- Termination is limited to the completion of the project.
Facilities vs. supplements
Facility is for the benefit of the emlpoyee or their family
Supplement is for the benefit of the employer.
NWPC: National Wages and Productivity Commission.
Does not set wage rates?
Does it reviews wage rates set by Regional Wage Boards?
Yes.
Yes.
Wage Fixing - RA 6727
What composes the NWPC or National Wages and Productivity Commission?
- Sec. Of Labor
- Dir. Gen. Of NEDA
- Two members representing workers
- Two members representing employers
- Executive Director
What is the role of the RTWPB or Regional Tripartite Wages andProductivity Boards
- Determines and fixes MINIMUM WAGE RATES applicable in their regions, provinces or industries
- Issues WAGE ORDERS
What is the composition of the RTWPB or the Regional Tripartite Wages and Productivity Boards?
Regional Director of DOLE
Regional Director of NEDA
Regional Director of DTI
2 members representing workers
2 members representing employers
