Documente Academic
Documente Profesional
Documente Cultură
Parties
&
Principal
Contractor Duties
case
no.
of Is
the
independent
job
contracted
contracting
or
workers
labor
only?
Reason..
provide The Court
1. Alilin Petron
Romualdo
to
vs.
D.
Petron
Gindang
janitorial,
GR. NO.
(petioners
maintenanc contractor.
177592
hired
by e,
Gindang)
RDG
labor-only
tanker such,
it
2000
receiving,
packaging
as
and
an
agent
other Petron.
utility
services
is
Order
DOLE
No.
10,
its
Mandaue
Bulk Plant
"Labor-only
arrangement
between contractor
as merely
or
recruits,
contracting"
where
the
subcontractor
supplies
or
as
employer.
their job,
Petron principal
therefore,
the
work
or
service
and
the
for
following
The
contractor
or
employer
RDG,
the substantial
being
labor-only
contractor,
capital
or
own
account
and
monetary claims.
of
that
RDG
is
Hence,
the
presumption
that
the
audited
financial
of
RDG
for
the
of
its
service
to
have
maximum
to
establish
RDGs
into
the
service
though
that
this
with
financial
respect
capability
to
its
for
the
other
documents
adduced
that
merely
RDG
qualified
was
as
Garden
Victoriana
Cruz
Labor only.
Garden
of
Requio
There
is
"labor-only"
Memorie
Memori
es
supplying
vs. engaged
NLRC
in
Responde
the nt
on
160278
other
of
of had
Cruz, Garden
with
no substantial
equipment
work
situated
at
have
capital
or
and the
workers
recruited
and
Garden of a
not
worked at ofP115.00
park
an
salary
memorial the
does
to
the Memories
operating hand,
a
worker
and employer
workers
utility
Memories
worker, she
Memorial
was
such
in
cases,
the
person
intermediary
Bago, utility
among
be
Pateros,
worker
others,
Metro-
from
the
Manila
August
cleaning
and
if
selling
her
employed by him.
maintenanc
memorial terminatio
Plan and n
of
shall
or
of
the
latter
were
directly
the
in ground
February
facilities
of
1998
the
independent contractorship is
memorial
that
park
the
account,
contractor
under
should
his
own
clearly
indicates
and
subject
to,
all
Allied
Marilag
Abing
Banking
Business
its
vs.
Corporati and
department
NLRC
on (Allied Industrial
G.R.
Bank)
legal
FGSI
which
the
Manageme petitioner
determining
No.
nt
was
employer-employee Employment
185345
Services,
progressivel relationship,
Inc.
(Marilag)
various
and
and acknowledged
hired
as
that
he
was
s General messenger,
it
was
FGSI
which
Services,
Inc.
(FGSI).
verifier
of the
power
to
Ronnie L. properties,
control
Abing
and
employee's
employee
receiving
conduct,21 the
of marilag clerk/vault
later
FGSI
to keeper.
agreement
7
that signing
the
quitclaim,
the
through
its
Marysol
Personnel
Gongona
Fly Ace
extra
Independent
Javier
contracted helper
on contracting.
vs.
by
Fly
Javier was
The
Court
considerable
its a pakyaw b
is
view
of
that
the
on
Ace.
employee,
asis at an Javier's
function the
G.R.
Mr. Ong,
agreed rate as
No.
of
employer-employee
192558
per trip,
related
necessary
8
well-settled
tests
(1)
to
the
the
without conduct. Of
Javier,
employee's
these
elements,
business
involve
acknowledgment
receipts
"pakiao rate,"
referring
to
case. He
could
not
submit
his
services
as
considered
arriving
at
conclusion
the Javier's
allegations
did
not
of
the of
an
employer-employee
an
agreement
with
of
his
services'
Grandsp
Joaquin
employed
Grand
an
Narag
as
span
Develop
doing
scale
develop
ment
business
ment
vs.
on,
name
There
is
truck only
contracting that
J.
Narag
an
Construction
respondents
to
activitiesdirectly
have petitioner.
They
worked
in
RICARD
style of J. salary
Narag
or investment in equipment,
BERNA
Constructi each.
RDO
on."
equipment,
of P104.00
Eventually,
G.R.
they
No.
assigned at premises,
141464
and
J.
Constructions
Narag
payroll
Employed
its
Ricardo
Scale
Bernardo,
Section
Antonino
the
Ceidoza
Warehouse
performing
and
materials
placed
activities
by approved
by
and
petitioners
which Department
petitioner.
supervisor
The
of
Warehouse
supervised
the
to
the
companys
Rules
Regulations.
The
Court
concluded
these
then
and
Appellate
circumstances
that
confirm
Polyfoam
Precilla A. "all-around"
Polyfoa
-RGC
Gramaje,
factory
vs. Internati
Employed
worker
or
investment.
PCION
Corporati O
the
G.R.
on
CONCEPC
ION
to
does
is
that
onal
172349
is
The
CONCE
No.
EDGARD
Labor only
labor-only
employer has
not
substantial
capital,
substantial capital
or investment in Gramaje did not carry on an
12
business
or
and
the free
from
placed
by Polyfoam,
the
of
its
control
its
and
principal,
apparent
role
persons
to
which Polyfoam.50 It
work
is
for
undisputed
the
intermediary
shall
be
considered merely
as an agent of the
employer
shall
13
who
be
in
the
Sunflower
Messengeri
VS.
Miguel
Multi-
al,
ABALL
Corporati Purpose
Janitorial,
Labor only,
What
A. G.R. on
Cooperativ Shrimp
is that
No.
harvesting
doesnot
149011
and
substantial
Sanitation
capitalization
(SMC),
tool
processing
used
in
the
plant. Everything
of
equipment,
owned
by respondent
from
the
job
qualify it as an private
14
respondents
was
directly
It
relatedto
building, of the
machineries
allother
tools
work
and by private
respondents
utilized
private
respondents
of
and
that
and
SMC.
performed
SMC. Asfor
messengerial
they
are
principal
business
theemployer
has
jurisprudentially
of
been
recognized.
on
businessor
performance
an
independent
undertake
of
its
the
service
having
been
merely
to
Shangril
VS.
her clinic at
Escasinas. respondent
the Court
holds that
existence
an
shangri
Shangri-
la
mactan
Island
contractor
G.R.
Resort
relationship
No.
generally
respondent
178827
established
by substantial
considering
that
doctor
lacks
capital
and
investment.
Besides,
the
thefollowing
maintenance
of
determinants:
andprovision
whether
16
clinic
medical
contractor
carrying
of
an are not
directly
related
to
Shangri-
business;
the las
thework;
the
operation
of
hotels
the of wages,
relationship;
Dr.
and
to payment
Pepito
is the
underwrites
salaries,
SSS
accident
work
insurance
insurance
for
another;
employer's
payment
of
contractor's
workers;
17
service
charges
from
of
the Shangri-
supply
premises,
tools,appliances,
materials
and Singco
labor;
and
mode,
Coca-
Dr.
Dean Company
Coca-
Cola
N. Climaco Physician
Cola
Bottlers
pay
payment
Job contracting
and
Climaco Inc.
correctly
that
G.R.
workers,
and terms
9.
as
the
an
employer-
relationship,
has
NLRC invariably adhered to the fourfound fold test: (1) the selection and
No.
company
146881
the
control
of
power
over
performance
by conduct,
or
the
so-called
reasoned
that
Comprehensive
Medical
the
contains Medical
and
duties that
company,
Comprehensive
Plan,
respondent's guidelines
objectives,
the
provided
merely
end
to
ensure
result
was
does
not
respondent
to
petitioner
Plan, through
which
the
that
conduct
his his
respondent
performed
assigned
tasks.
physical
examination, how The NLRC affirmed the findings
to
immunize,
treat
patients,
that
the
contract
employees
[petitioner]
dependents
for
harm
damage
or
any
through
injury,
caused
professional
negligence,
incompetence
or
10. PAL
Stellar
in
Industrial
business of contracting
STELLA Airlines
Services,
job
Inc.
contracting
VS.
Philippi
ne
G.R. (PAL),
No.
125792
Inc.
an
(STELLAR, janitorial
employer
for
existed
brevity),
services
the
individual A
private
contract
of
respondents
STELLAR,
not private
PAL.
respondents,
proving
STELLAR
that them,
which
as
Complainant
dismissed
evidenced
by
Parenas'
comptroller
of
they
of
(Stipulation
Nos. supervisors,
Rodel
Napoleon
the
payment
of Parungao
and
Renato
power
control
employee's
conduct
job
contractor.
and
equipment,
like
proven
by
its
financial
statements. 18 Further,
STELLAR
has
clients
other
Hongkong
Bank,
Benguet
and
Eveready,
Management
Corporation
and
Japan
Airlines. 19
All
these
circumstances
establish
that
STELLAR
under
its
own
from
direction
Where
22
the
of
the
control
the
control
and
petitioner.
of
the
service
agreement
petitioner
and
EX- Cotabato
ARANET
LIM VS. A
NLRC
Timberlan
hired
perform
to INDEPENDENT
JOB
, a sister brevity)
G.R.
company
No.
of CTCI.
124630
set
by
EX-
CTCI. 13 Evidence
ARANET
absolute
was
closed
and
of
control
CTCI's
and
from
operation
manning/shifting schedules of
of M & S
Company
prepared
was
transferr
the
ed
to
the
following:
and
approved
company
issuing
(1)
the
by
identification
private
the
company
as
responde
"COTABATO
nt
TIMEX.
countersigned
SAWMIL
Personnel
L,
TIMBERLAND
by
CTCI's
Officer
Teofilo
with
and
results",
CTCI's
their
work
production
undoubtedly
power
to
Burlinga
Garil
regular
LIKHA
me
Manpower
rank-and-
VS.
Corporati Services
BURLIN on
LIKHA-
GAME
PMPB
file
promo
employees
petitioners' work.
The contractual
LABOR ONLY
stipulations
shows
of any personnel
between
inefficient,
Burlingame
uncooperative,
G.R.
andpersonnel
observing
No.
provided
162833
Garil
by
on
F. regulations
that
found
to
be
troublesome,
and
the
set
not
rulesand
forth
by
nonexistence
of employer-
employee
circumstance
relationship has
Burlingame
no legal
andsupervision
shows
has
that
control
over
workers
of
upon
the
policy. power
tofire
personnel. F.
not an
independent
an Burlingame.
agent of Burlinga
13.
me.
a manpower Job contracting
Stanfilco Asiapro,
ASIA
as
a contractor
PRO
division
cooperativ
an
employee-employer
relationship
The
employees
G.R.
Philippin
to Stanfilco
No.
es, Inc.
control
of
the the
employees
the
exists
supplying
172101
most between
actually
and
four-fold
existence
respondent
of
its
test
an
ownersfor
the
employment
have
been
work
to
be cooperative
must
not
be
to members
by
invoking
the
to
existence
power
of
and
exercise when
the
the show
terms
and
circumstances
otherwise.
The
it
is
27