Practice question
During a labor inspection, a principal denies that contractor-deployed workers are its employees and insists that this denial alone removes DOLE’s authority to examine the relationship. The facts needed for that determination are available in the enforcement proceeding. Which principle in the 2024 PLDT decision applies?
- DOLE may determine the employment relationship needed for its Article 128 mandate; a bare denial does not automatically oust that authority.
- Any denial conclusively establishes independent contracting.
- Only the employer can decide who its employees are.
- The NLRC must first decide the relationship in every inspection case.
- Inspection automatically makes every contractor’s worker a regular employee of the principal.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 128.
- DOLE Department Order No. 238, series of 2023, original order text reproduced at Labor Law PH Library, Rules III, VIII–IX: https://library.laborlaw.ph/dole-department-order-no-238-series-of-2023/
- DOLE official issuance notice, DO 238-23, April 13, 2023: https://dole.gov.ph/news/department-order-no-238-23-rules-on-the-administration-and-enforcement-of-labor-standards-pursuant-to-article-128-of-the-labor-code-of-the-philippines-as-renumbered-and-republic-act-no.-11058/
- Manggagawa sa Komunikasyon ng Pilipinas v PLDT, G.R. Nos. 244695, 244752 and 245294, February 14, 2024, main decision, Article 128 authority and evidentiary limits: https://lawphil.net/judjuris/juri2024/feb2024/gr_244695_2024.html
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