Practice question
An employer pays workers per piece and argues that this fact alone proves they are independent contractors and excluded from all hours-related benefits. The record contains evidence of supervision and determinable working time, but no established regulatory exemption. Which is the correct approach?
- The label conclusively establishes every exemption.
- Output payment makes supervision irrelevant.
- All results-paid workers are identically exempt from every benefit.
- Employment and each benefit must be determined under their own tests; the mode of payment alone is insufficient.
- All piece-rate arrangements are prohibited.
Legal references
- Labor Code, DOLE consolidated 2022 edition, specified articles: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf — Articles 97(f),101; RA 6727 implementing rules, Chapter I Sections7,9: https://lawphil.net/statutes/repacts/ra 1989/ra_6727_1989.html; DOLE BWC 2024 Handbook, minimum wages and payment by results: https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf — Workers Paid by Results.
- David v Macasio, G.R. 195466, July 2 2014, main opinion: https://lawphil.net/judjuris/juri2014/jul2014/gr_195466_2014.html
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