10 Questions
What is the most significant determinant of an employment relationship?
Power of control
Which of the following is true about contractors?
They operate independently from their client.
What is the main difference between employees and contractors?
Control over conduct of work
Which evidence is NOT considered conclusive in determining an employer-employee relationship?
Receipt of payment
What does security of tenure guarantee to workers?
Protection from arbitrary termination
What is the primary labor law in the Philippines?
Labor Code of the Philippines
What is the exercise of the police power of the State as per the text?
Labor Code of the Philippines
What are the two limitations to managerial prerogative mentioned in the text?
Employee rights and Good faith
Which test is used to determine if a person is an employee according to the text?
Control Test
What does the 'Control Test' refer to in the context of employer-employee relationship?
Employer's power to control how the work is done
Study Notes
Determining Employment Relationship
- The strongest determinant of an employment relationship is the control over conduct and work performance.
- Not every form of control results to an employment relationship.
Employee vs. Contractor
- An employee is under the control of the employer, whereas a contractor is a self-employed, expert, professional or businessman with capital of their own.
- A contractor operates independently from their client or principal, to accomplish a job, work, or service.
Four-Fold Test
- Selection and engagement of the employee
- Payment of wages
- Power of dismissal
- Power of control (the most important element)
Labor Code of the Philippines
- Presidential Decree No. 442, as amended, enacted on November 1, 1974
- The primary labor law of the country, aiming to achieve social justice
- Applies only to an employer-employee relationship
Management Prerogative
- The inherent right of the employer to regulate all aspects of employment
- Limited by:
- Good faith
- Respect for employee rights
Kinds of Employees
- Regular employees
- Casual employees
- Seasonal employees
- Project employees
- Probationary employees
- Employees for a fixed term (Fixed period employment)
- Overseas Filipino Workers
- Special workers
- Apprentices
- Learners
- Handicapped workers
Test your knowledge on the primary labor law of the Philippines, known as the Labor Code Presidential Decree No. 442. Learn about labor rights, special laws such as the 13th Month Pay Law and Maternity Leave Law, and the concept of social justice embedded in the labor code.
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