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I understand your dilemma here, and sympathise with your plight. Moreover, any doubts, uncertainties, ambiguities and insufficiencies shall be resolved in favor of labor.
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Employment terms and conditions that are in violation of the Labor Code shall be unlawful and deemed null and void even when both the employer and employee mutually consented to it. It is the employer’s duty to ensure that terms and conditions of employment are in compliance with the Labor Code of the Philippines. It is also one that is imbued with public interest and therefore is subject to the police power of the state. Employment Contract PhilippinesĪn employment contract is not just a legally binding agreement between the employer and employee. The client has the right to establish guidelines towards the achievement of a mutually desired result. The subjection of the service provider to the client’s rules, regulations, and code of ethics does not make the service provider an employee when the level of control does not dictate the methodology in performing the tasks. Alcantara, not every form of control is indicative of an employer-employee relationship. However, as seen in the case of Royale Homes Marketing Corporation vs. Under this test, an employer-employee relationship is said to exist where the person for whom the services are performed reserves the right to control not only the end result but also the manner and means utilized to achieve the same. Of the 4 elements of employer employee relationship, the control test (#4) is generally regarded as the most crucial and determinative indicator of the presence or absence of an employer-employee relationship. vs Creative Creatures, Inc., the court stated that to establish the 4 elements of employer employee relationship, any competent and relevant evidence may be considered including but not limited to:
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If the employer employee relationship can be established, the employer may not terminate the service of the employee without a just or authorized cause. When the existence of the employer employee relationship is in question, the court has generally applied the four fold test. However, the absence of an employment contract does not indicate an absence of an employer employee relationship. The agreement binding both the employer and the employee is known as an employment contract. 4 Elements of Employer Employee Relationship.So how do you establish an employer employee relationship? Employment Contract, Employer Employee RelationshipĬontrary to popular belief, the employment contract is not the sole indicator of an employer employee relationship.