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FAQ: Contracting via Individuals as Independent Contractors
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What is the consequence if there…
Gabrillo v. Tri-J Marketing (2026)
See: Original Decision Gabrillo v. Tri-J Marketing, G.R. No. 279863, August 26, 2026, Per Hernando, J.: 1. Background • Tri-J Marketing, Inc. (Tri-J) [Employer] is a joint venture corporation owned and managed by its founder, Angel Guadalquiver (Guadalquiver), and his children. It is engaged in vehicle repair services and the sale of automotive accessories through…
Labor Disputes
“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any…
Computation of Night Shift Differential Pay
If covered employees perform work on a night shift designated by law, they are entitled to a night shift differential pay of at least 20% their hourly rate for those in the Government service and 10% for those in the private sector. 1. Computation These are the steps on how to compute for the night…
Resignation
1. Concept Resignation is the formal pronouncement or relinquishment of a position or office. (Central Azucarera de Bais, Inc. v. Siason, G.R. No. 215555, July 29, 2015, Per Perlas-Bernabe, J.) Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of…
Philippines Today, Inc. v. NLRC (1997)
See: Original Decision Philippines Today, Inc. v. Go-Belmonte, G.R. No. 112965, January 30, 1997, Per Panganiban, J.: 1. Background • May a “Memorandum for File” which did not mention the words “resign” and/or “resignation” nonetheless juridically constitute voluntary resignation? In answering this question, the Court took into account not merely the literal meaning of the…
