LABOR STANDARDS DISCUSSIONS OF ATTY. JAZZIE SARONA-LOZARE T R A N S C R I P T I O N JULY 16, 2020 On the “Power to Control” • The most important among the four (in the Four-Fold Test) • “Control” refers to the means and method by which the work is to be accomplished, and not only the goal to be achieved On ART. 136: Classification of Certain Women Workers • If a woman worker falls under Article 136, it does not only establish an employer-employee relationship, but it also entitles her for benefits under the Labor Code as well as social legislations • In this case, the employer-employee relationship is a question of law On VILLAMARIA v. CA • The Supreme Court emphasized that there is still an employer-employee relationship within the boundary system. • Under this system, the owner-operator does not lose ownership of the jeepney; for the jeepney is not rented or leased, in which case the lessor loses complete control over the vehicle. Therefore, the owner is still responsible for the acts of the driver. o Also discussed in Obligations and Contracts, where the operator is liable for negligent acts by the driver • By virtue of the employer-employee relationship between owner-operators and jeepney drivers, the latter are entitled to social legislation benefits. o Hence, owner-operators must remit SSS contributions for the drivers. (The same goes for other benefits such as PAG-IBIG, PhilHealth, etc.) • The Boundary-Hulog Scheme is considered a contract to sell . There is no transfer of ownership yet, but there is a promise of the same at such time that all conditions are fulfilled in the contract. • Take note of that [VILLAMARIA v. CA], as it is a very important case for drivers. What if there’s no agreement on the relationship of the parties? (Or if the employer-employee relationship is somehow more difficult to determine than just the Four-Fold Test?) • The Four-Fold Test is the most conventional test in determining the employer-employee relationship. But it is not the only test that can be done. • According to jurisprudence, there is a Two- Tiered Approach. On the Two-Tiered Approach • First Tier: Four-Fold Test • Second Tier: Economic Dependence Test ( also known as Economic Reality Test) • Both can be applied at once, whether supplementary or complementary to each other.
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- Summer '17