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  • Labor-Only Contracting Cases Outline

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    Iriz Beleno
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    The document outlines key factors for determining whether a business is an independent contractor or employee, including whether the business has independence, its own office and licenses, substantial capital invested, a service agreement defining the work and payment terms, and whether it has control over its own operations or is controlled by another company. It examines these factors to determine compliance with labor laws regarding outsourcing of non-core business functions and payment of wages.

    Original Description:

    DO 18-A superseded by DO 147

    Original Title

    DO 18-a OUTLINE

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    The document outlines key factors for determining whether a business is an independent contractor or employee, including whether the business has independence, its own office and licenses, substantial capital invested, a service agreement defining the work and payment terms, and whether it has control over its own operations or is controlled by another company. It examines these factors to determine compliance with labor laws regarding outsourcing of non-core business functions and payment of wages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    23 views1 page

    Labor-Only Contracting Cases Outline

    Uploaded by

    Iriz Beleno
    The document outlines key factors for determining whether a business is an independent contractor or employee, including whether the business has independence, its own office and licenses, substantial capital invested, a service agreement defining the work and payment terms, and whether it has control over its own operations or is controlled by another company. It examines these factors to determine compliance with labor laws regarding outsourcing of non-core business functions and payment of wages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    Labor-Only Contracting Cases

    OUTLINE

    I. Define business
    a. Highlight independence

    II. Outsourced non-core business

    III. Independent business


    a. Has office address
    b. Client list
    c. Licenses, permits, affiliations, accreditations
    d. Registration with SSS, PhilHealth, Pag-Ibig

    IV. Substantial Capital


    a. Paid up capital
    b. AFS
    c. GIS
    d. DO 18 registration

    V. Service Agreement
    a. Define job, work, services
    b. No EER clause
    c. Provision on control
    d. Payment of wages
    i. Monthly fee computed in accordance with annex 1 of do 18a

    VI. Control
    a. Contractor
    b. Company
    c. NDA notices of disciplinary action
    d. Overtime permission

    VII. Payment of Wages


    a. Salary
    b. Proof of remittance

    VIII. Employment History


    a. Contract with contractor

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