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
