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  • Labor 1 Assignment No. 2

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    Laurie Carr Landicho
    32 vizualizări2 pagini
    This document outlines the key elements of the employer-employee relationship under Philippine labor law. It discusses the definitions, factual test, control test, and economic test used to determine whether such a relationship exists. It also examines the relevant cases and factors like agreements between the parties, method of wage payment, proof of employment, and situations where there is an absence of an employer-employee relationship. The document is an outline of the labor assignment focusing on analyzing the work relationship between employers and employees.

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    This document outlines the key elements of the employer-employee relationship under Philippine labor law. It discusses the definitions, factual test, control test, and economic test used to determine whether such a relationship exists. It also examines the relevant cases and factors like agreements between the parties, method of wage payment, proof of employment, and situations where there is an absence of an employer-employee relationship. The document is an outline of the labor assignment focusing on analyzing the work relationship between employers and employees.

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    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    32 vizualizări2 pagini

    Labor 1 Assignment No. 2

    Încărcat de

    Laurie Carr Landicho
    This document outlines the key elements of the employer-employee relationship under Philippine labor law. It discusses the definitions, factual test, control test, and economic test used to determine whether such a relationship exists. It also examines the relevant cases and factors like agreements between the parties, method of wage payment, proof of employment, and situations where there is an absence of an employer-employee relationship. The document is an outline of the labor assignment focusing on analyzing the work relationship between employers and employees.

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    din 2

    LABOR 1 ASSIGNMENT (Jan 27)

    II. WORK RELATIONSHIP

    A. Definitions: Arts. 97(a-c); 167 (f-g); 212 (e-f); Policy Instruction No. 40 (1979) – Employment in Broadcast
    Industry

    Case(s):

    Uy vs. Villanueva, 526 SCRA 73

    United Pepsi Cola Supervisory Union (UPSU) vs. Laguesma, 288 SCRA 15

    B. Employer-Employee Relationship

    Factual Test

    Case(s):

    Television and Production Exponents, Inc. vs. Servana, 542 SCRA 578 Remington Industrial Sales Corp. vs.
    Castaneda, 507 SCRA 391

    Established

    Case(s):

    Miguel vs. JCT Group, Inc. 453 SCRA 529

    Wack-Wack Golf and Country Club vs. NLRC, 456 SCRA 280

    Factors

    Case(s):

    Pacific Consultants International Asia, Inc. vs. Schonfeld, 516 SCRA 209 Gabriel vs. Bilon, 515 SCRA 29

    Philippine Global Communicators vs. De Vera, 459 SCRA 260

    Control Test

    Case(s):

    Lopez vs. Metropolitan Waterworks and Sewerage Systems, 462 SCRA 425

    UERMCC-RDU vs. Laguesma, 230 SCRA 139

    Transport Corp. vs. Ejandra, 428 SCRA 725

    Insular Life vs. NLRC, 179 SCRA 459

    Tongko vs The Manufacturers Life Insurance Co. (Phils), Inc., G. R. No. 167622, 7 November 2008, see also
    same case promulgated on June 29, 2010 and January 25, 2011

    Olympia Housing, Inc. vs. Lapasora, et al., G.R. No. 187691, January 13, 2016

    Economic Test

    Case(s):
    Sevilla vs. CA, 160 SCRA 171 Francisco vs. NLRC, 500 SCRA 690

    Agreement

    Case(s):

    Chavez vs. NLRC, 478 SCRA (2005)

    San Miguel Corp. vs. Abella, 461 SCRA 392

    Sonza vs. ABS-CBN Broadcasting Corp., 431 SCRA 381 Insular Life Assurance Co. vs. NLRC, 287 SCRA 476

    Broadcast-Talents-Performers

    Case(s):

    Television, etc. vs. Servana, 542 SCRA 578 Dumpit-Murillo vs. CA, 524 SCRA 290 ABS-CBN vs. Nazareno,
    503 SCRA 204

    Method Wage Payment

    Case(s):

    Almirez vs. Infinite Corp., 481 SCRA 364 Lazaro vs. SSS, 435 SCRA 472

    Proof

    Case(s):

    Domasig vs. NLRC, 261 SCRA 779 Mcleod vs. NLRC, 512 SCRA 222

    Absence of Relationship

    Case(s):

    Lopez vs. Bodega City, 532 SCRA 56 Abante vs. Lamadrid, 430 SCRA 368

    Denial

    Case(s):

    R. Transport Corp. vs. Ejaneira, 428 SCRA 724

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