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employee:
A basic concept in labor law is that of “Clearly, respondent was hired by TAPE.
“employer-employee relationship”. When is an Respondent presented his identification card to
employer-employee relationship deemed to prove that he is indeed an employee of TAPE. It
exist? The Supreme Court had once again has been in held that in a business
occasion to answer this question in the case of establishment, an identification card is usually
TELEVISION AND PRODUCTION EXPONENTS, provided not just as a security measure but to
INC. and/or ANTONIO P. TUVIERA versus mainly identify the holder thereof as a bona fide
ROBERTO C. SERVAÑA, (G.R. No. 167648, employee of the firm who issues it.”
January 28, 2008). Second, as to the payment of wages:
“Respondent claims to have been receiving
The case involves a complaint for illegal P5,444.44 as his monthly salary while TAPE
dismissal and nonpayment of benefits filed by prefers to designate such amount as talent
Servana against TAPE. Servana alleged that he fees. Wages, as defined in the Labor Code, are
was first connected with Agro-Commercial remuneration or earnings, however designated,
Security Agency but was later on absorbed by capable of being expressed in terms of money,
TAPE as a regular company guard. whether fixed or ascertained on a time, task,
On its part TAPE contended that Servana was piece or commission basis, or other method of
merely a “talent” and/or independent calculating the same, which is payable by an
contractor. employer to an employee under a written or
unwritten contract of employment for work
In resolving the issue of employer-employee done or to be done, or for service rendered or
relationship the Supreme Court made use of the to be rendered. It is beyond dispute that
four-fold test: respondent received a fixed amount as monthly
“Jurisprudence is abound [sic] with cases that compensation for the services he rendered to
recite the factors to be considered in TAPE.”
determining the existence of employer-
employee relationship, namely: Thirdly, as to the power of dismissal:
“The Memorandum informing respondent of
(a) the selection and engagement of the the discontinuance of his service proves that
employee; TAPE had the power to dismiss respondent.”
(b) the payment of wages; And finally, as to the power of control, which is
(c) the power of dismissal; and the most important test:
(d) the employer’s power to control the “Control is manifested in the bundy cards
employee with respect to the means and submitted by respondent in evidence. He was
method by which the work is to be required to report daily and observe definite
accomplished. work hours.”
What is significant are the concrete objects
*The most important factor involves which for the Supreme Court served as
the control test. Under the control test, there is evidences for the existence of an employer-
an employer-employee relationship when the employee relationship between the parties,
person for whom the services are performed namely:
reserves the right to control not only the end
achieved but also the manner and means used (1) The identification card;
to achieve that end.” (2) The fixed amount as monthly compensation;
The Court further observed that these factors (3) The Memorandum of discontinuance; and
were present in the case. (4) The bundy cards.
Where these or similar evidences are present (c) seasonal employees or those who work or
the conclusion is well-nigh inevitable that an perform services which are seasonal in nature,
employer-employee relationship exists. and the employment is for the duration of the
season;[8] and