Practice question
An admitted employee of a legitimate contractor is dismissed. The contractor argues that DO147’s security-of-tenure principles cannot apply because work was performed under a legitimate service agreement. The employer-employee relationship is undisputed. What does the rule’s coverage provide?
- It applies also to legitimate contracting arrangements with existing employer-employee relationships
- Legitimate contracting excludes all termination protections
- Every contractor employee is automatically self-employed
- A service agreement repeals the Labor Code
- Only the principal’s direct workers may ever invoke tenure
Legal references
- Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
- DOLE Department Order 147-15, Rule I-A, Sections 1-3 and 5.2, as applicable: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535
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