Philippine Laws -Simplified | Free Legal Advice

Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!

The Employer-Employee Relationship

Monday, June 13, 2011

The employer-employee relationship forms the basis of a valid legal dispute. Without it, a labor dispute will be dismissed. The following elements must be present in order to determine the existence of an employer-employee relationship:

1.) Power to hire
2.) Power to fire
3.) Payment of salaries/wages
4.) Power of control

Of the above four powers, the fourth one is the most important because it can negate the other three. There is no employer-employee relationship if the following are present:

1.) The person works at his own pleasure
2.) He has no set time for work
3.) He decides for himself what is to be done
4.) He is paid according to the results of his work

There is no employer-employee relationship if the above are present because there is no power of control.

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