Philippine Bar review · Question

Practice question: Labor-only Contracting

Multiple Choice Hard

Practice question

A registered agency assigns workers to a production line. It has sizeable paid-up capital and supplies payslips, but the principal determines daily methods, supervises performance and directs the tasks; the agency exercises no operative control over the work. It argues that its certificate and capital conclusively settle legitimacy. Which is correct?
  1. The certificate ends all inquiry.
  2. Capital makes control legally irrelevant.
  3. Payslips alone establish independence.
  4. The actual control facts can establish labor-only contracting despite those formal indicators.
  5. The principal can avoid the test by changing the agency's name.

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.
  • Caballero v Vikings Commissary, G.R. 238859, October 19 2022, main opinion: https://lawphil.net/judjuris/juri2022/oct2022/gr_238859_2022.html
  • 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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