Elements of Employee-Employer Relationship: 1. Selection and Engagement 2. Payment of Wages 3. Power of Dismissal 4.

Control as to the means and methods of work ( how to go about work) 1. 180 s 445 (Grepalife vs Judico) Insurance a. Facts: Debit agents roles and characteristics: sell insurance and attend meetings with Grepalife, no fixed hours, fees are on commission basis and fixed transportation allowance but can be dismissed by Grepalife. b. Issue: Is there employee/employer relationship? c. Held: SC: Yes because of the fixed transportation allowance, the condition that he can be dismissed and that he is required to attend meetings and report on sales etc. (No 4, 2 and 3) 2. 181 s 266 (Ruga vs NLRC) - Fishing a. Facts: Ruga is a fisherman who was patroned by De Guzman fishing where he was paid commissions beyond his normal catch requirement. He was controlled by De Gusman fishing on when to go out into sea and when to come back. When they had problems they went to court. The Defense of De Guzman fishing was the Joint Fishing Venture they entered into and thus stating that there was no E-E relationship. b. Issue: WON there is an E-E relationship? c. Held: SC: Yes there is because of the fixed payment on his normal catch considered as wages and that the Fishing Company had a say on when the fishermen can go out into the sea and when to come back. (Thus due to No. 4 and 2, see above) 3. 249 s 657 (Pagio Transport vs NLRC) Transportation a. Facts: This is a case on a Public Utility Vehicle contracted on a boundary basis. (minimum amount will be paid to owner of jeep, the excess of which will be considered earnings of the driver) NB: Di ko nacopya ang facts haha b. Issue: Is there an E-E Relationship? c. Held: Yes there is. There is a law on common carriers that require extraordinary diligence and thus it is inevitable that the PUV owner has to exercise control over his employees. Further, the boundary basis cannot be considered as a lease. 4. 324 s 437 (Jo vs NLRC) Barbershops a. Facts: Barbers were given share cuts of 2/3. One employee was appointed as caretaker and took care of admin work with fixed remuneration. b. Issue: Was there E-E relationship? c. Held: Yes. There was there was a fixed payment/remuneration

5. 146 s 501 (Mamerto Besa vs Tejano) Shoe Manufacturers a. Facts: Mamerto Besa are members of workers unions of shoe markers. They worked on a per piece basis of compensation as well as those shoe shiners outside of the factory. The only difference is that theese shoe shiners were also allowed to shine other peoples shoes (not only those made in the store) b. Issue: WON E-E relationship? c. Held: Only workers can be union members. The SC ruled that the workers (shoe makers) are employees because of the payment of wages and the control exercised by the company over them. The shoe shiners on the other hand worked on a contractual basis as they were allowed to shine the shoes of other people. Inexistence of E-E 6. 179 s 459 (Insular Life vs NLRC) Insurance a. Facts: Melecio Basiao is a commissioned sales agent where Insular set a quota and was paid on a commission basis. A clause in his contract states: The Agent shall be free to exercise his own judgment as to time, place and means of soliciting insurance. He also eventually engaged subagents to reach this quota. b. Issue: WON EE relationship? c. Held: SC: No. Commssioned sales agents are not employees for they control his own means and methods of work. Insular has control over the result (evidenced by the set quota) but not the means and methods of work. 7. 264 s 1 (Ency. Britannica vs NLRC) a. FactsLimjoco was a Sales Divison of Encyclopaedia Britannica and was in charge of selling the products through some sales representatives. As compensation, he would receive commissions from the products sold by his agents. He was also allowed to use the petitioners name, goodwill and logo. It was agreed that office expenses would be deducted from Limjocos commissions b. Issue: WON there is EE relationship? c. Held: No. There is only a sales agency.. The payment of overhead bills processed by Enc. Brittanica is not a indicator of EE. It is merely an accommodation to allow agents to focus on selling. 8. 430 368 (Abante vs Lamadrid Bearing & Parts Corp) a. Facts: Abante is an agents selling bearing and parts in behalf of La Madrid. He was paid on a commission basis with no fixed hours. b. Issue: WON EE Relationship? c. Held: No. Abante was paid on commission basis and he has no fixed hours and thus is a mere sales agent and not an employee.

9. 287 s 348 (Phil Broadcasting Network vs NLRC) Volunteer Reporters a. Facts: Simon Mapa Jr. volunteered at Phil Broadcasting Network for experience. He was not given any salaries, etc. b. Issue: WON EE Relationship? c. Held: No, there was no EE relationship. Volunteer reporters are not employees of the station. 10. 294 s 673 (UJshio Marktg vs NLRC) a. Facts: Severino Antonio is a mechanic/electrician at Banawe Street who fixed cars/etc in front of Ushio Marktg and who regularly recommended his patrons to buy at the said store. He alleges that he is thus an employee of the store and filed complaint for illegal dismissal, non-payment of overtime pay, holiday pay, and other benefits against petitioner Ushio Marketing b. Issue: WON there is an EE? c. Held: No. There is no EE relationship because Antonio is not paid by the Marketing of Fixed Wages, further his actions are not controlled by the Store and is free to recommend any other store he may so please. (Refer to the case of Besa on shoe shiners)

OFW Cases: RA 8042 11. 186 s 589 (Feagle vs Gayda) a. Facts: Feagle is a Phil Corp which has construction contracts overseas who hire Filipinos. It eventually became financially distressed where Feagle eventually made know to the workers. However the workers still insisted on returning and eventually allowed to do so. They were still asked to sign a waiver just in case. Eventually though the company became distressed and the workers were sent home (before completion of their contracts) and sued Feagle for back wages based on the claim that they were illegally dismissed. b. Issue: WON the workers are entitled to backwages. c. Held: No. They signed the waivers and thus waived their entitlement to the backwages.

12. 191 s 823 (Ditan vs POEA) a. Facts: Ditan was sent to Angola to work. He was one of those seized by insurgents but were eventually release. Upon his release, he was immediately sent home and was not paid the salary corresponding to the unexpired portion of his contract. He was immediately repatriated with the promise that he would be given priority in reemployment, which never came.Eventually his other companions were given back their jobs, but Ditan was not. He then sued Asia World Recruitment stating that he should be given his job back or be awarded nominal damages. b. Issue: WON he should be awarded damages or be allowed to get his job back. c. Held: In these circumstances, the Court feels that the petitioner should be paid the salary corresponding to the 17 unserved weeks of his contract, which was terminated by the private respondents despite his willingness to work out the balance of his term. In addition, to assuage the ordeal he underwent while in captivity by the rebels, the Court has also decided in its discretion to award him nominal damages in the sum of P20,000.00. Under the policy of social justice, the law bends over backward to accommodate the interests of the working class on the humane justification that those with less privileges in life should have more privileges in law. That is why our judgment today must be for the petitioner. 13. 297 s 394 (Prime Marine Services vs NLRC) a. Held: SC: Any and all recruiters who have a hand in recruitment and placement are all solidarily liable for claims arising from an OFWs overseas job. 14. 193 s 682 (Illas vs NLRC) a. Held: SC: A recruitment agency shall not be held liable for the acts of his agents done without his knowledge or consent. 15. 260 s 319 (JMM Promotion vs CA) a. Facts: The Secretary of Labor created a requirement that all artist who plan to work abroad must secure an ARB or an Artist Record Book where his qualifications are to be recorded. The respondents state that such regulation has decrease their pool of talents and also violated the right to travel and work abroad. b. Issue: Won the requirement is valid. c. Held: Yes the requirement of an ARB is valid. It is a valid exercise of police power to ensure the safety of the workers (ie japayukis ) 16. 437 s 162 (Gu-Miro vs Janorable) a. Held: Seafarers are considered contractual employees. All OFWs are contractual workers Managerial Employees 17. 239 s 460 ( AMOS (assoc of Marine officers and seamen) vs Laguesma a. Held: Ship Based Workers: i. Captains and all chiefs (deck- navigation, below: engineers) are managerial employees

Field Employees 18. 297 s 440 (Mercidar Fishing vs NLRC) a. Held: Fishermen are not field personnel as fishing boats are extensions of the offices and have supervisor and are monitored in terms of work and time of work. 19. Ultra Villa Food Haus vs Geniston 309 scra 17 13th Month Pay 20. Dole PH vs Leogardo (117 SCRA 938) a. Held: Productivity bonus is deducted from 13th month pay. 21. 143 scra 464 a. Held: Productivity/ xmas bonus is creditable to 13th month pay. 22. Universal Corn Products vs NLRC: (153 scar 191) and United CMC Textiles Workers Union vs Labor Arbiter (149 SCRA 424) a. Held: Bonus granted under CBA because of longevity and loyalty are not considered 13th month pay because 13th month is based on economic purpose. Further 13th month pay is based on law while CBA is a contract. 23. PACIWU-TUCP vs NLRC (247 scra 256) - PAVERIFY a. Held: Agri Com workers were paid based on commission but company makes up for deficiencies. Such employees are entitiled to 13th month pay because of the deficiencies that are made up for by the company (they became fixed wage and no longer commission workers) 24. Phil Duplicators vs NLRC ( 241 SCRA 380) ---PAVERIFY a. Held: The computation basis of 13th month pay must include commissions. 25. Davao Fruit vs ALU (225 scra 562) ---PAVERIFY a. Held: Apply the law but still use old computation because it has been done before pa. The basis for 13th month pay must also include holiday pay and wages. 26. Celestial vs SME (106 Phil 696) a. Held: Where an experimental station operates a farm comprising 960 hectares, and, through its employees and laborers actually tills the soil, introduces and plants seeds of the best crop (principally cacao) varieties found by it after study and experiment, raises said crops in the best approved methods of cultivation, including the spacing of each plant or seedling and the amount of water needed through irrigation, weeding, etc. and the proper harvesting of the crops, including the timing and method, discovers plant pests and their eradication by means of treatment with the proper insecticides, and, thereafter, extracts the seeds from the harvest for saleand distribution to farmers, there can be no question that all these acts and functions ... are agricultural as distinguished from non-agricultural functions. Minimum wage was applies

27. Millares vs NLRC (305 scra 500) a. Facts: Paper Industry Millsite: Staff and managers are given free housing and if there are none available, they are given an allowance to pay for their quarters. b. Held: Such allowances are not customary(defined as continued regardless of conditions and subject to a resolutory condition) and thus not in the ambit of wages. 28. ACE Navigation vs CA (338 scra 70) a. Held: Tips are not included in wages but are gratuitous. They do not come from employers and thus do not form part of wages.