Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the deployed personnel, and not the principal. ▪ Labor-only contracting results if the principal exercises control over the deployed personnel. ▪ Right, and not actual, control is sufficient. 1. Concept Controlling…
Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the same rights and benefits as any other employee under labor laws. ⦁ The Contractor’s employees are required to be provided a written employment contract. ⦁ In case of expiration of…
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main interests is on the desired results. ▪ The principal has no interest in supervising or controlling the contractor’s employees. ▪ The principal is solidarily liable with the contractor for labor…
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job or work farmed out or outsourced by a principal under a Service Agreement. ▪ They have a distinct and independent business, which enables them to perform the outsourced job or…
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed personnel, otherwise known as the contractor’s workers. ▪ While DOLE Regulations have referred to the arrangement as legitimate job contracting and now permissible job contracting, they refer to the same…
Summary ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. 1. Concept When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. (Hubilla v. HSY Marketing Ltd., Co., G.R. No. 207354, 10 January 2018) Where both parties in a…
Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the Commission shall use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities…
Summary ▪ Burden of proof shifts between the employer and the employee depending on what is being claimed. ▪ In monetary claims, burden of proof is on the employer if the claims refer to those incurred in the normal course of business, as opposed to those that are not such as requiring overtime work or…
Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC appeal. 1. Concept The NLRC is “is a quasi-judicial body tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through…
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the DOLE Regional Director. ▪ The Labor Arbiter’s order of reinstatement is immediately executory. 1. Concept Labor Arbiter – resolves labor complaints before the National Labor Relations Commission (NLRC). 2. Labor…