Employer Employee Relationship
Employer Employee Relationship
Employer Employee Relationship
Lozada MPA
5:30-8:30 TTHS
REACTION PAPER
In
The usual test used to determine the existence of employer-employer relationship is the
so-called four-fold test. In applying this test, the following elements are generally
considered:
1.
2.
3.
4.
Power to control the employee with respect to the means and methods by which
the work is to be accomplished. This is known as the right-of-control test.
from the wages of respondent for his absence from work, which negates petitioners
claim that the wages paid were advances for respondents work in the partnership. In
Nicario v. National Labor Relations Commission, the Court held:
It is a well-settled doctrine, that if doubts exist between the evidence presented by the
employer and the employee, the scales of justice must be tilted in favor of the latter. It is
a time-honored rule that in controversies between a laborer and his master, doubts
reasonably arising from the evidence, or in the interpretation of agreements and writing
should be resolved in the formers favor. The policy is to extend the doctrine to a greater
number of employees who can avail of the benefits under the law, which is in
consonance with the avowed policy of the State to give maximum aid and protection of
labor. This rule should be applied in the case at bar, especially since the evidence
presented by the private respondent company is not convincing.
Based on the foregoing, the Court agrees with the Court of Appeals that the evidence
presented by the parties showed that an employer-employee relationship existed
between petitioner and respondent.
In termination cases, the burden is upon the employer to show by substantial evidence
that the termination was for lawful cause and validly made. Article 277 (b) of the Labor
Code puts the burden of proving that the dismissal of an employee was for a valid or
authorized cause on the employer, without distinction whether the employer admits or
does not admit the dismissal. For an employees dismissal to be valid, (a) the dismissal
must be for a valid cause, and (b) the employee must be afforded due process.
Procedural due process requires the employer to furnish an employee with two written
notices before the latter is dismissed: (1) the notice to apprise the employee of the
particular acts or omissions for which his dismissal is sought, which is the equivalent of
a charge; and (2) the notice informing the employee of his dismissal, to be issued after
the employee has been given reasonable opportunity to answer and to be heard on his
defense. Petitioner failed to comply with these legal requirements; hence, the Court of
Appeals correctly affirmed the Labor Arbiters finding that respondent was illegally
dismissed, and entitled to the payment of back wages, and separation pay in lieu of
reinstatement.
Right of control test is considered as the most important element in determining the
existence of employment relation. Of the above-mentioned elements, the right of control
test is considered as the most important element in determining the existence of
employment relation. The control test initially found application in the case of Viaa vs.
Al-Lagadan and Piga, where the court held that there is an employer-employee
relationship when the person for whom the services are performed reserves the right to
control not only the end achieved but also the manner and means used to achieve that
end.
Control test thus refers to the employers power to control the employees conduct not
only as to the result of the work to be done but also with respect to the means and
methods by which the work is to be accomplished.
In applying this test, it is the existence of the right, and not the actual exercise thereof,
that is important.
Requirements