This case has been cited 3 times or more.
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2014-12-03 |
LEONEN, J. |
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| . . . one who carries on a distinct and independent business and undertakes to perform the job, work, or service on its own account and under one's own responsibility according to one's own manner and method, free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof.[161] | |||||
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2014-12-03 |
LEONEN, J. |
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| Logically, the line should be drawn between rules that merely serve as guidelines towards the achievement of the mutually desired result without dictating the means or methods to be employed in attaining it, and those that control or fix the methodology and bind or restrict the party hired to the use of such means. The first, which aim only to promote the result, create no employer-employee relationship unlike the second, which address both the result and the means used to achieve it. . . .[184] (Citation omitted) | |||||
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2014-03-12 |
ABAD, J. |
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| Franchising involves the use of an established business expertise, trademark, knowledge, and training. As such, the franchisee is required to follow a certain established system. Accordingly, the franchisors may impose guidelines that somehow restrict the petitioners' conduct which do not necessarily indicate "control." The important factor to consider is still the element of control over how the work itself is done, not just its end result.[4] | |||||