Practice question
A workshop recruits a technician, pays a fixed weekly amount, may discharge the technician for failure to follow its instructions, and reserves authority to set each repair’s sequence, tools, and method. The technician is skilled and often completes tasks without direct observation. The workshop argues that skill and independent execution necessarily exclude employment. Which assessment is best under section 3?
- The workshop is correct because skilled workers cannot be employees
- The workshop is correct because control requires uninterrupted observation
- The facts support an employment relationship under the four-fold test, including reserved method control despite skill and limited observation
- The relationship must be decided solely by whether the technician brings lunch
- Employment exists only if the workshop has at least ten other workers
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, September 7, 2015, Rule I-A sections 2–3, four-fold test and reserved right of control.
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