Professional Documents
Culture Documents
--> ID and petty cash voucher showing receipt of allowance for 5 days are not en
ough to establish employment relationship absent showing of power of control ove
r the putative's employee's means and methods to perform his work.
"lady keeper" of Bodega City tasked with manning the club's ladies' comfort room
.
13. LAZARO vs SSS
-->Payment by commission does not preclude existence of Er-Ee relationship. When
control over the means and methods by which the employee performs his task is e
xercised, there is employment relationship.
14. SEMBLANTE vs CA
-->Masiador and sentenciador are not employees of a cockfight arena owner. In th
e conduct of their work, both relied mainly on their expertise that is characteri
stic of the cockfight gambling, and were never given by respondents any tool need
ed for the performance of their work.
-->Further, their compensation was paid out of the arriba (which is a percentage
deducted from the total bets), not by cockfight arena owner.
15. ESCASINAS vs SHANGRI-LA S MACTAN ISLAND
-->Article 286 of the Labor Code is not the yardstick for determining the existe
nce of an employment relationship; the
provision merely distinguishes between two (2) kinds of
employees, i.e., regular and casual.
-->Full-time nurses hired by an on-site retainer physician, despite their years
of service, are not the employees of the establishment being served by the physi
cian.
-->The term full-time in Art. 157* cannot be construed as referring to the type of
employment of the person engaged to provide the services, for Article 157 must
not be read alongside Art. 286 in order to vest employer-employee relationship o
n the employer and the person so engaged.
- The phrase services of a full-time registered nurse should thus be taken to refe
r to the kind of services that the nurse will render in the company s premises and
to its employees, not the manner of his engagement.
*ART. 157. Emergency medical and dental services.
It shall
be the duty of every employer to furnish his employees in any
locality with free medical and dental attendance and facilities
consisting of:
The services of a full-time registered nurse, a part-time physician and dentist,
and an emergency clinic, when the number of employees exceeds 200 but not more
than 300.
16. TONGKO vs. THE MANUFACTURERS LIFE INSURANCE CO
-->Principal-agent relationship vs Er-Ee relationship
-->Doctrine: A contract of agency does not give rise to an employment relationsh
ip.
-->the Civil Code defines an agent as a person who binds himself to render some s
ervice or to do something in representation or on behalf of another, with the co
- Genovia was initially hired as music studio manager by Lirio. No other personn
el was hired and he received additional payment as recording technician. It was
agreed that Lirio would help and teach Genovia how to use the studio equipment.
In their agreement, it was also stated that Lirio may check on the progress of G
enovia s work. Records of the case did not show Lirio do so.
Later on, he agreed with Lirio to compose songs for the latter's daugther in exc
hange for compensation once the album is released. Lirio said they entered into
a partnership with the agreement that Genovia shall receive a certain share in t
he profit of the album, but no document was produced.
But when the album was finished, Lirio dismissed Genovia upon disagreement on co
mpensation.
Ruling:
Lirio failed to prove that his relationship with respondent was one of partnersh
ip. Such claim was not supportedby any written agreement. It is a well-settled d
octrine, that if doubts exist between the evidence presented by the employer and
theemployee, the scales of justice must be tilted in favor of the latter.
Further, there is an element of control in this case.
The power of control refers merely to the existence of the power. It is not esse
ntial for the employer to actually supervise the performance of duties of the em
ployee, as it is sufficient that the former has a right to wield the power.
Petitioner certainly had the power to check on the progress and work of responde
nt as stated in hisPosition Paper and that it was agreed that he would help and
teach respondent how to use the studioequipment.
21. Jao vs BBC Products Salers
-->