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All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ III. EMPLOYER-EMPLOYEE RELATIONSHIP ▸ B. Legitimate Contracting vs. Labor-Only Contracting (Labor Code, arts. 106-109, DOLE D.O. No. 174-17, DOLE D.C. No. 01-17, E.O. No. 51, Series of 2018)

Question

III. EMPLOYER-EMPLOYEE RELATIONSHIP
B. Legitimate Contracting vs. Labor-Only Contracting

Discuss the implications of the following scenario:

  1. Anya is a construction worker who was hired by a company called BuildTech Builders, Inc. However, she later discovered that she was actually deployed by the labor contractor, Staffing Solutions Agency, to work for BuildTech. Anya performs regular construction work for BuildTech, under the direct supervision and control of their foreman, and uses equipment and materials provided by BuildTech.
  2. Janine is a customer service representative who was employed by the company Customer Care Solutions, Inc. She works in the call center of the company, using equipment and software provided by Customer Care Solutions. However, her monthly salary is paid by a separate company called Payroll Solutions, Inc., who is also the one issuing her pay slips.
  3. Michael is a driver for a food delivery service called FastFood Delivery, Inc. He drives a motorcycle owned by FastFood Delivery and follows the delivery route provided by the company. However, he is not an employee of FastFood Delivery and is instead a member of a cooperative composed of various riders who provide delivery services for the company.


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