Philippine Bar review · Question

Practice question: Labor-only Contracting

Multiple Choice Medium

Practice question

A contractor has substantial capital but does not exercise control over the workers' performance; the principal controls their methods. Does capitalization alone defeat the Section 5 control branch?
  1. No; the independent control branch may establish labor-only contracting despite substantial capital.
  2. Yes; capital conclusively establishes legitimacy.
  3. Yes; control matters only for an unregistered corporation.
  4. Only the workers' uniform determines the result.
  5. A capital threshold always replaces the totality inquiry.

Legal references

  • DOLE Department Order 174 s. 2017, primary issuance reproduced: https://palscon.org/public/assets/img/labor-laws-advisory/DO%20174-17%20Rules%20Implementing%20%20Articles%20106%20to%20109%20of%20the%20Labor%20Code,%20As%20Amended.pdf — Sections 3(h),5,7–8.
  • Conjusta v PPI Holdings, G.R. 252720, August 22 2022, main opinion: https://lawphil.net/judjuris/juri2022/aug2022/gr_252720_2022.html

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