Two-Tiered Test for Employment Classification
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Two-Tiered Test for Employment Classification

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Questions and Answers

What is the most important index of the existence of the employer-employee relationship?

Control test

Which element is NOT considered as determining the existence of an employer-employee relationship?

Providing benefits to the employee

In the context of the text, what does 'in personam' refer to?

Personal service by the employee

How is the relationship between an employer and an employee characterized?

<p>Master and servant relationship</p> Signup and view all the answers

What is stated as an essential feature of the employer-employee relationship in the text?

<p>Rendition of personal service by the employee</p> Signup and view all the answers

Which court case mentioned in the text emphasized the importance of the 'control test' in determining the employer-employee relationship?

<p>Investment Planning Corporation vs. Social Security</p> Signup and view all the answers

What does Section 3 of Article XIII of the 1987 Constitution guarantee to workers?

<p>Security of tenure and a living wage</p> Signup and view all the answers

Which right is explicitly mentioned for workers under the Labor Provisions of the 1987 Constitution?

<p>Right to strike in accordance with law</p> Signup and view all the answers

According to the 1987 Constitution, what does the State enforce to foster industrial peace between labor and capital?

<p>Shared responsibility between workers and employers</p> Signup and view all the answers

Which provision of the 1987 Constitution recognizes the right of labor to its just share in the fruits of production?

<p>Article II, Sec. 18</p> Signup and view all the answers

What does the State affirm labor as, according to Article II, Sec. 18 of the 1987 Constitution?

<p>Primary social economic force</p> Signup and view all the answers

Which provision guarantees workers the right to self-organization, collective bargaining, and negotiations?

<p>Section 3 of Article XIII</p> Signup and view all the answers

What is the main reason Maraguinot and Enero are not considered project employees?

<p>They were continuously rehired after projects ended.</p> Signup and view all the answers

What type of evidence is required to prove the existence of an employer-employee relationship?

<p>Any competent and relevant evidence</p> Signup and view all the answers

In the context of the control test, what is the primary determining factor for an employment relationship?

<p>Control and supervision of services</p> Signup and view all the answers

Why is the control test considered decisive in determining an employment relationship?

<p>It evaluates the manner and details of work performance.</p> Signup and view all the answers

What aspect of Maraguinot and Enero's work influenced their status as regular employees?

<p>Performance of vital tasks for the employer</p> Signup and view all the answers

What distinguishes Maraguinot and Enero from being mere project employees despite working on various films?

<p>Their roles being indispensable to the employer</p> Signup and view all the answers

In the context of employer-employee relationship, when are regular seasonal employees considered as not separated from the service?

<p>When they are re-employed after leave of absence without pay</p> Signup and view all the answers

What does the two-tiered test for employer-employee relationship involve according to the text?

<p>Economic realities and control over work methods</p> Signup and view all the answers

Why is a two-tiered test considered a better approach for analyzing the nature of the relationship between parties?

<p>It considers the totality of circumstances</p> Signup and view all the answers

What does the text imply about the relationship between an employer and employee in the absence of a written agreement?

<p>The relationship complexity requires a framework of analysis</p> Signup and view all the answers

Why are regular seasonal employees considered as merely on leave of absence without pay in the mentioned context?

<p>To avoid severing the employment relationship</p> Signup and view all the answers

What is significant about the suspension of employer-employee relationship as described in the text?

<p>It is a foreseeable suspension of work activities</p> Signup and view all the answers

What concept have courts and labor tribunals relied on to dispense 'compassionate justice'?

<p>Secundum caritatem</p> Signup and view all the answers

In the context of labor law determinations, what does 'secumdum caritatem' refer to?

<p>Equites of the case</p> Signup and view all the answers

Which constitutional mandate supports the protection of working women by providing safe and healthful working conditions?

<p>Article XIII, Sec. 14</p> Signup and view all the answers

In which case was 'compassionate justice' applied to prevent the dismissal of workers guilty of certain offenses but with long years of service and no previous derogatory records?

<p>Philippine Airlines, Inc.vs.Philippine Airline Employee Association et al.</p> Signup and view all the answers

What is one of the key aspects of the constitutional mandate regarding the right of workers to form unions or associations?

<p>It shall not be abridged</p> Signup and view all the answers

Which term best describes the approach taken by courts and labor tribunals when dispensing 'compassionate justice'?

<p>'Secundum caritatem'</p> Signup and view all the answers

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