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Tuesday, June 14, 2011

Examples of Determining an Employer-Employee Relationship

1.) Jeepney and Taxi Drivers operating in a boundary system.
2.) Insurance agents who are free to adopt their own methods of selling are deemed independent contractors.
3.) An unregistered association is considered an employer with regard to people it hires to carry out its business (secretaries, janitors, caretakers, etc.)
4.) Even if there is a contract, a person can be considered an employee if the contract indicates so -employment is determined by law, as per the four elements, and not by contract.
5.) Independent contractors are not employees unless the above four elements are in the contract.
6.) Regarding piece-rate workers, those whose time and performance is supervised are considered employees. Those whose time and performance is not supervised are considered independent contractors.
7.) Teachers under contract are employees, not independent contractors. There's a case: FEATI University vs. Bautista, 18 SCRA 1192.
8.) Medical consultants are not employees of hospitals, Ramos vs. CA, 380 SCRA 467.

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