Labor-11th-Working-Conditions-and-Rest-Periods.docx - F Working Conditions and Rest Periods G.R No 195466 July 2 2014 ARIEL L DAVID doing business under

Labor-11th-Working-Conditions-and-Rest-Periods.docx - F...

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F. Working Conditions and Rest Periods. G.R. No. 195466. July 2, 2014. ARIEL L. DAVID , doing business under the name and style “YIELS HOG DEALER ,” petitioner, vs. JOHN G. MACASIO , respondent. Remedial Law; Civil Procedure; Appeals; Petition for Review on Certiorari; In this Rule 45 petition for review on certiorari of the Court of Appeals’ (CA’s) decision rendered under a Rule 65 proceeding, the Supreme Court’s (SC’s) power of review is limited to resolving matters pertaining to any perceived legal errors that the CA may have committed in issuing the assailed decision.— In this Rule 45 petition for review on certiorari of the CA’s decision rendered under a Rule 65 proceeding, this Court’s power of review is limited to resolving matters pertaining to any perceived legal errors that the CA may have committed in issuing the assailed decision. This is in contrast with the review for jurisdictional errors, which we undertake in an original certiorari action. In reviewing the legal correctness of the CA decision, we examine the CA decision based on how it determined the presence or absence of grave abuse of discretion in the NLRC decision before it and not on the basis of whether the NLRC decision on the merits of the case was correct. In other words, we have to be keenly aware that the CA undertook a Rule 65 review, not a review on appeal, of the NLRC decision challenged before it. Labor Law; Pakyaw Basis; Engagement on “pakyaw” or task basis does not characterize the relationship that may exist between the parties, i.e., whether one of employment or independent contractorship.— Engagement on “pakyaw” or task basis does not characterize the relationship that may exist between the parties, i.e., whether one of employment or independent contractorship. Article 97(6) of the Labor Code defines wages as “x x x the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered[.]” In relation to Article 97(6), Article 101 of the Labor Code speaks of workers paid by results or those whose pay is calculated in terms of the quantity or quality of their work output which includes “pakyaw” work and other non-time work. Same; Employer-Employee Relationship; Elements of.— To determine the existence of an employer- employee relationship, four elements generally need to be considered, namely: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct. These elements or indicators comprise the so-called “four-fold” test of employment relationship. Macasio’s relationship with David satisfies this test. Same; Pakyaw Basis; A distinguishing characteristic of “pakyaw” or task basis engagement, as opposed to straight-hour wage payment, is the non-consideration of the time spent in working.
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