Determining Employer-Employee Relationship

Employer-employee relationship is not that simple as it may seem. In fact, that is a common issue in labor cases. That relationship between an employer and employee if existing, imposes obligations on the part of the employer in relation to social security, workmen’s compensation, security of tenure, and unionization, and other benefits provided under the Labor Code. And that maybe the reason that some businessmen, as noted by the Supreme Court, try to avoid creating employer-employee relationship in their enterprises.

So, how do we know if there exists an employer-employee relationship? The Supreme Court gives some guides in a number of its decided cases. Thus, in the case of “Brotherhood” Labor Unity Movement of the Philippines, et.al. vs. Zamora, G.R. No. 48645, provides the elements, to wit: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished. The so-called “control test” is the most important element.