Practice question
A written agreement calls a worker an independent consultant. In practice, the company hires the worker, pays remuneration, may dismiss the worker, and dictates mandatory procedures for performing the work. Which approach follows section 3?
- Accept the consultant label as conclusive
- Apply the four-fold test to the actual relationship, including the company’s control over methods
- Ignore control because the agreement uses a professional title
- Decide solely from the worker’s preferred tax description
- Require the worker to own company shares before considering employment
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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