Client Case No.

Date:

Facts:

Issue: Whether or not Miguel is an employee of Bernardo.

Resolution and Discussion:

No, Miguel is not an employee of Bernardo.

The Supreme Court ruled in many cases that in order to determine the whether or not there is
an employer – employee relationship, the four-fold test must be applied. The four-fold test are
as follows:

1. The power of the employer to engage the services of the employee;

2. The power to dismiss the services of the employee;
3. The power to give compensation for services rendered; and
4. The power of control not only by the ends to be achieved but also of the means from
which the end is achieved.

In this case, Bernardo is not the employer of Miguel because the power of control to the means
of the work to be done is not present. Therefore, Miguel is not an employee of Bernardo.