Philippine Bar review · Question

Practice question: Definition (DO 147, s. 2015, Sec. 3)

Multiple Choice Medium Jurisprudence

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?
  1. Accept the consultant label as conclusive
  2. Apply the four-fold test to the actual relationship, including the company’s control over methods
  3. Ignore control because the agreement uses a professional title
  4. Decide solely from the worker’s preferred tax description
  5. 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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