Professional Documents
Culture Documents
Sara
Besa v. Trajano
FACTS:
Respondent KAMPI filed a Petition for Certification Election. Petitioner opposed alleging that there is no ER-
EE relationship between Besa and petitioners. These petitioners are shoe shiners paid on a commission basis. The
question of ER-EE relationship became a primordial consideration in resolving whether or not the subject shoe
shiners have the juridical personality and standing to present a petition for certification as well as to vote therein.
ISSUE: W/N ER-EE relationship exists betweem shoe shiners and Besa
HELD: No.
Shoe shiner is different from a piece worjer:
Thus, shoe shiners are not employees of the company, but are partners, because there is no control by the
owner and shoe shiners have their own customers whom they charge a fee and divide the proceeds equally with
the owner.