Cases: Contracting via Individuals as Independent Contractors

These are the related Labor Law Cases or Jurisprudence.

1. Concept

a. Unique skills and talents

Sonza v. ABS-CBN Broadcasting CorporationG.R. No. 138051, 10 June 2004Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his unique skills, talent and celebrity status not possessed by ordinary employees, is a circumstance indicative, but not conclusive, of an independent contractual relationship. If [Complainant] did not possess such unique skills, talent and celebrity status, [the Company] would not have entered into the Agreement with [Complainant] but would have hired him through its personnel department just like any other employee.

Fuji Television Network, Inc. v. EspirituG.R. No. 204944-45, 03 December 2014Jurisprudence has recognized another kind of independent contractor: individuals with unique skills and talents that set them apart from ordinary employees. There is no trilateral relationship in this case because the independent contractor himself or herself performs the work for the principal. In other words, the relationship is bilateral.

b. Own manner and method of doing work

Television and Production Exponents, Inc. v. ServañaG.R. No. 167648, 28 January 2008[BACKGROUND][The Company] is a domestic corporation engaged in the production of television programs, such as the long-running variety program, “...

 



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