Chapter 7: Elements of Employer-Employee Relationship

Labor Code of the Philippines

Based on this code, the existence of an employer-employee relationship is determined by a four-fold test.

four-fold test

the existence of an employer-employee relationship is determined by a ______________?

1. Selection and engagement of the employee
2. Payment of wages
3. Power of dismissal
4. Power to control the employee’s conduct

Enumerate the four-fold test

employee

refers to a person who is hired, directly or indirectly, by a natural or juridical person to perform activities

employee

refers to a person who works for another for a wage computed on time or non-time basis

Selection and Engagement of Employee

Payment of Wages

Power of Dismissal

Power to Control the Employee’s Conduct

Enumerate the types of elements of an employer-employee relationship

Payment of Wages

this is based on result or effort or time spent on the job

False

TRUE OR FALSE

Method of payment is a test of employer-employee relationship

Power of Dismissal

Also known as involuntary termination

Power of Dismissal

forms of discipline when employee fails to meet expected standards of achievement

Power of Dismissal

last step of the __progressive discipline process__

Power of Dismissal

this should be the last resort when dealing with poor performance

Power to Control the Employee’s Conduct

also referred to as the “Control Test”

Power to Control the Employee’s Conduct

considered as the most important element

NO

*If the hirer does not control the work performance of the hiree, is he considered as an employee?*

Contractor

a businessman who operated independently from client or principal to accomplish a job, work, or service (free to perform their services according to own style)

Clint/Principal

person who enters into a contract with a contractor

1. Rules that merely serve as guidelines
2. Rules that fix the methodology and bind or restrict the part hired to the use of such means or methods

What are the two forms of control?

1. Informal reprimand / Verbal admonishment
2. Formal Reprimand / Written admonishment
3. Suspension from work
4. Involuntary termination / Dismissal

enumerate the process of progressive discipline

Dismissal

third infarction for gross mistreatment of a patient

Dismissal

first infarction for the use of intoxicants while on duty

Written admonishment

first infarction for insubordination

Written admonishment

first infarction for theft or willful damage of property

Dismissal

second infarction for theft or willful damage of property

Suspension

second infarction for insubordination

Suspension

fourth infarction for discourtesy to a patient

dismissal

third infarction for insubordination

Suspension

third infarction for neglect of duty

Suspension

third infarction for abuse of leave

suspension

third infarction for the inability to maintain work standards

dismissal

third infarction for falsehood

dismissal

third infarction for unauthorized absence

dismissal

third infarction for violation of safety rules

dismissal

third infarction for excessive unexcused tardiness

dismissal

fourth infarction for neglect of duty

dismissal

fourth infarction for abuse of leave

dismissal

fourth infarction for the inability to maintain work standards