Question

A. Employer-Employee Relationship

In the context of employer-employee relationship, particularly on the topic of Tests to Determine Employer-Employee Relationship under DOLE Department Order No. 147-15, Rule I-A, section 3, consider the following scenarios:

1. Anna is hired as a sales agent by XYZ Company. She is required to report to the office every day, adhere to a dress code, and follow a schedule set by her supervisor. The company provides her with a laptop, phone, and transportation allowance. She receives a fixed monthly salary and is entitled to benefits such as healthcare coverage and vacation leave. In this scenario, discuss whether Anna can be considered an employee based on the tests provided under DOLE D.O. No. 147-15.
2. John is a delivery driver for ABC Express. He owns his delivery truck and is contracted by ABC Express to provide delivery services. He has the flexibility to accept or decline delivery requests and is paid on a per-delivery basis. ABC Express only requires him to wear a uniform with their logo and follow traffic rules. Despite not having a fixed schedule, John consistently performs delivery tasks for ABC Express. Based on the tests provided under DOLE D.O. No. 147-15, determine whether John can be classified as an employee or an independent contractor.
3. Sarah is hired as a freelance graphic designer by LMN Design Studio. She works remotely and is not required to adhere to a strict schedule. LMN Design Studio assigns her specific design projects, provides her with necessary design software, and pays her on a project basis. Sarah is not entitled to employee benefits and is responsible for her own tax obligations. Analyze whether Sarah can be considered an employee or an independent contractor based on the tests outlined in DOLE D.O. No. 147-15.