Selection and hiring of employees

Selection and hiring of employees are included in management prerogative.

2. Concept

Selection and hiring refer to the process undertaken by an employer to determine the suitableness of an applicant for employment.

“Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring...” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007)

3. Right to select

a. A factor in the four-fold test of employment

To ascertain the existence of an employer-employee relationship jurisprudence has invariably adhered to the four-fold test, to wit:

1) The selection and engagement of the employee;

2) The payment of wages;

3) The power of dismissal; and,

4) The power to control the employee’s conduct, or the so-called “control test.” (Atok Big Wedge Company, Inc. v. Gison, G.R. No. 169510, 08 August 2011)

4. Vicarious liability: Employer responsible for employee

a. Civil Code Provision

ARTICLE 2180. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. (R.A. 386, Civil Code)

The above-cited provision is the basis for vicarious liability. Meaning, an employer may be held liable or responsible for damages that may b...

 



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