Professional Documents
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NLRC
[264 SCRA 4]
Facts:
In 1974, Limjoco resigned to pursue his private business and filed a complaint
against petitioner for alleged non-payment of separation pay and other benefits and also
illegal deduction from sales commissions. Petitioner alleged that Limjoco was not an
employee of the company but an independent dealer authorized to promote and sell its
products and in return, received commissions therein. Petitioner also claims that it had
no control and supervision over the complainant as to the manners and means he
conducted his business operations. Limjoco maintained otherwise. He alleged he was
hired by the petitioner and was assigned in the sales department.
The Labor Arbiter ruled that Limjoco was an employee of the company. NLRC
also affirmed the decision and opined that there was no evidence supporting allegation
that Limjoco was an independent contractor or dealer.
Issue:
SC Ruling: