Module 1

Question 1

tests in determining Ee-Er rel’t

Answer 1

1. four fold test
2. Economic reality test
3. independent contractor test

Question 2

tests > 1 > What is the four-fold test in determining

Answer 2

1. selection [and] engagement of an Ee
2. Payment of wages
3. discipline of employee
4. power to control

Question 3

tests > 2 > what is economic reality test

Answer 3

it looks at the economic realities of the employment relations between

Question 4

tests > 3 > what is an independent contractor test

Answer 4

This test is used in contracting out or outsourcing arrangements.

TN: independent has to pay his income tax and SSS premiums himself

Question 5

Er-Ee Rel’t > Kinds of Employment

Answer 5

first five provided in labor code (295-296) last is based on JP

[crppsf]

1. Casual
   2 . Regular
2. Probationary
3. Project
4. Seasonal
5. Fixed-term

Question 6

what is the primary standard of being a regular Ee?

Answer 6

engage to perform activities to the usually necessary or desirable in the usual business or trade of the Er

Question 7

What is a casual Ee?

Answer 7

not usually necessary or desirable which is less than one year becase Art. 295, cas become reg after 1 year of service

Question 8

when is probationary period extended can be valid

Answer 8

1. parties agree to a longer period by virtue of company policy or is required by the nature of
2. when there is an extension upon request of the Ee and based on the liberality and generosity of the company
3. apprenticeship agreement then that period will govern

Question 9

what is a project employee?

Answer 9

Completion/Termination is determined at the time of the engagement

1. specific undertaking to be done
2. predetermined date of completion, which must be communicated or made known to the Ee at the time of the hiring.

Question 10

so if it’s a project and was without contract, he is considered a/an ?

LB

Answer 10

Regular Ee

Carpio v. Modair 2021

Question 11

5 principles to know to distinguish if one is a regular or a project Ee

Answer 11

1. Worked is presumed reg Ee
2. If considered reg, security of tenure already attaches [and] subsequent execution of project employment contracts cannot undermine such

3.

Question 12

Req of Fixed-Term

Answer 12

1. knowingly [and] voluntarily agreed upon by parties w/o [fdi] fear, duress, improper pressure being brought to bear upon the Ee [and] absent any other circ. vitiating consent
2. where it satisfactorily appear that the Er & Ee dealt with each other on equal terms more or less w/o moral dominance whatever being exercised Er to Ee

Question 13

When can a fixed-term Ee became REg?

Answer 13

it is possible that he become a regular if he is allowed to work more than the period given.

if there is also successive renrewal of the fixed term contracts

successive and it is shown that there is a reasonable connection between the actvt of the Ee and the compnay

If there is successie hiring or renwal that will be taken to mean that he is a regular Ee

Question 14

Legitimate contracting v. Labor only-contracting