Professional Documents
Culture Documents
4. Power to control the employee’s conduct 1. There is training agreement between them
Most important element 2. The training program is duly accredited or
approved by the appropriate government
Control test: the person for whom the agency
services are performed reserves the rights
to control not only the end to be achieved • E-E relationship exists between hospitals
but also the means to be used in reaching and their consultants only for purposes of
such end. allocating responsibility in medical negligence
The control should be on both the means cases
and the end
• E-E relationship between a jeepney
Insurance agents: ownerand driver under the boundary system
1. Salaried personnel who keep definite hours exists.
and work under
the control and supervision of the company – • There is no E-E relationship between a
E-E shipping company and the workers of
relationship exists stevedoring or arrastre company, unless the
same in fact acted as agent only.
2. Registered representatives who work on
commission basis • An E-E relationship is created by contract
– no E-E relationship and cannot be forced upon either party
simply upon order of a labor arbiter.
The nature of the relationship between a
company and its
collecting agents depends on the
circumstances of each
particular relationship.
Any competent and relevant evidence Security of tenure (SOT)= Cause(C)+ Due Process
may be admitted as proofof E-E (DP)
relationship.
1.UNOD( Usually necessary or desirable)
• The E-E relationship is deemed suspended
in the ff cases: 2.UBOT( Usually business or trade)
1. When the employee is under suspension,
either as a disciplinary penalty or as a
preventive measure during the pendency of If both 1 & 2 present regular employee
disciplinary proceedings against him Only regular employee can form a union
3. When fishing vessels are drydocked or Issue: Whether or not there was employer-
undergoing repairs employee relationship between the parties?
4. When an employee is laid-off for a period Ruling: Yes, in certain cases the control test is not
not exceeding 6mos due to suspension of sufficient to give a complete picture of the
business operations relationship between the parties, owing to the
complexity of such a relationship where several
5. When an employee fulfills a civic or military positions have been held by the worker. There
duty are instances when, aside from the employer’s
power to control the employee with respect to
• Termination of E-E relationship: the means and methods by which the work is to
be accomplished, economic realities of the
1. Dismissal employment relations help provide a
2. Resignation or abandonment of employment comprehensive analysis of the true classification
3. Expiration of employment period of the individual, whether as employee,
independent contractor, corporate officer or
• Factors that do not interrupt employment some other capacity.
relationship:
The better approach would therefore be to adopt
1. Leave of absence with pay a two tiered test involving:
2. Illegal dismissal
3. Strike (1) the putative employer’s power to control the
employee with respect to the means and methods by
which the work is to be accomplished; and