Labor Law Review 09-10

Employment Relation

In determining the existence of employer-employee relations, what are the elements generally
considered? Explain.

Among the elements of employer-employee relations, what constitutes the most important
element of the relationship? Explain.

Cotto is engaged in the manufacture of baskets known as kaing. She hired piece workers to
make baskets subject to her specifications.
Are these piece workers employees of Cotto? Explain.

X hotel and Z security entered into a contract for security services where Z agreed to protect
the properties and premises of X hotel with guards on a 24 hour basis. The guards filled up
forms provided by and submitted to X’s security department. Their wages were paid directly
by X using payslips with X’s logo. The assignments, promotions, supervision and dismissals
of the guards were approved or ratified by the chief of security of X. Who is the employer of
the guards assigned by Z to X hotel?

Y is a caddy in ABC golf club. His fees are paid by golf players and not by the club. The
club made rules on the assignment, deportment and conduct of caddies. They are designed to
improve personal discipline among caddies. A golf player is at liberty to choose a caddy of
her preference regardless of the club’s group rotation system
and has the discretion on whether on whether or not to pay a caddy. The club cannot compel
the caddy to be present nor is the caddy prevented from working elsewhere.
Is Y an employee of ABC? Explain.

Mang Pete was engaged as a stay in worker doing various works at Dona Juana’s house and
continued to work for 8 years. He was paid daily and had regular working hours. When
Dona Juana died, the administrators of the house told Mang Pete that he was not needed
anymore. Can Mang Pete claim that he was illegally dismissed? Whatare the reliefs available
to him?

Noy is a reporter for DZCS but was not paid any salary. His pay came from sponsors willing
to pay for his various field reports where their name was mentioned on air. Noy had no
program schedule and the station did not edit his reports. Is Noy an employee of the station?

Is a physician who is a member of the specialist staff of a hospital as a “consultant”

considered an employee of the hospital? Explain.

You are asked whether the following are employees of their respective companies:
Taxi drivers of the taxi operator
Jeepney drivers of the jeepney operator
Bus drivers of the bus company.

Answer and explain.