JO vs.

NLRC
G.R. No. 121605, February 2, 2000;
324 SCRA 437

Facts:

Peter Mejila was working as a barber on piece-rate basis, designated by the owners as caretaker
of their barbershop.

The owners of the shop attempted to mediate in the nonstop quarreling between Mejila and a
fellow employee. Mejila then unilaterally demanded his separation pay and other benefits, despite
his employers’ assurance that he was not being dismissed. He then turned over the duplicate
keys of the shop to the cashier and took all his personal belongings from his workplace, and
found similar employment in another shop. He then filed a complaint for illegal dismissal.

Petitioner’s contends that respondent was not their employee but their “partner in trade” whose
compensation was based on a sharing arrangement per haircut or shaving job done.

ISSUES:

1. Whether or not there exist an employer-employee relationship.

Yes. In determining the existence of an employer-employee relationship, the following elements

are considered:
1) selection and engagement of worker;
2) power of dismissal;
3) the payment of wages; and
4) the power to control the worker’s conduct

It is not essential for the employer to actually supervise the performance of duties of the
employee; it is enough that the employer has the right to wield that power.

2. Whether or not Mejila abandoned his employment.

Yes, he abandoned his work. This was manifested by him bragging to fellow workers his intention
to quit his work in the shop; his surrender of the shop’s keys; and his taking all of his personal
belongings from the said place; his failure to report fro work and not giving any valid reason for
such; he acquired employment in another shop immediately, despite reassurances that he could
stay in his old place of work; and finally, his complaint for illegal dismissal did not include a prayer
for reinstatement. All of these show concurrence of the intent to abandon his work and over acts
that show his lack of interest in continuing his work.