Philippine Bar review · Question

Practice question: Employee vs. Independent Contractor

Multiple Choice Hard

Practice question

An engager argues that professional skill alone is sufficient for individual-contractor status even though it recruits and pays the worker, disciplines noncompliance and prescribes the means and methods. What should the court avoid?
  1. Examining how the work is directed
  2. Treating skill as a substitute for examining a genuinely independent undertaking and actual control
  3. Considering payment and dismissal authority
  4. Testing the claimed enterprise
  5. Applying the fourfold and economic-reality inquiries

Legal references

  • Ditiangkin v. Lazada E-Services Philippines, Inc., G.R. No. 246892, September 21, 2022, MAIN decision: https://lawphil.net/judjuris/juri2022/sep2022/gr_246892_2022.html
  • Ador v. T. Osada Logistics and Services, G.R. No. 265600, February 24, 2026, MAIN decision: https://lawphil.net/judjuris/juri2026/feb2026/gr_265600_2026.html

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