Professional Documents
Culture Documents
NLRC
Are coast pilots employed by the vessels needing their services thus entitling heirs to their
claims?
Yes. Apari pilots assoc cannot be considered an independent contractor because it appears to
neither have capital nor money to pay employees.Moreover, while a pilot is responsible for the
direction of the vessel when he assumes control, his conduct isstill subject to approval of the
master. Hence, madrigal cannot claim he does not have control over the conduct of the
deceased pilots.
To establish ER-EE relationship use control test- the power to control most important control
both end achieved and the manner and means used. Respondent’s power to approve/reject the
org plans drawn by reyes cannot be the control contemplated. Where a person who works for
another peforms his job more or less at his own pleasure, in the manner he sees fit, not subject
to definite hours or conditions of work and is compensated according to the result of his efforts
and not to the amount.