This case has been cited 4 times or more.
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2016-01-13 |
REYES, J. |
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| That there is an existing contract of services between OHI and Fast Manpower where both parties acknowledged the latter as the employer of the housekeeping staff, including Lapastora, did not alter established facts proving the contrary. The parties cannot evade the application of labor laws by mere expedient of a contract considering that labor and employment are matters imbued with public interest. It cannot be subjected to the agreement of the parties but rather on existing laws designed specifically for the protection of labor. Thus, it had been repeatedly stressed in a number of jurisprudence that "[a] party cannot dictate, by the mere expedient of a unilateral declaration in a contract, the character of its business, i.e., whether as labor-only contractor or as job contractor, it being crucial that its character be measured in terms of and determined by the criteria set by statute."[33] | |||||
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2015-06-15 |
DEL CASTILLO, J. |
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| What further militates against Perron's claim that ABC, as an alleged independent contractor, is the true employer of respondents, is the fact that Petron has the power of control over respondents in the performance of their work. It bears stressing that the power of control merely calls for the existence of the right to control and not necessarily the exercise thereof.[51] Here, Petron admitted in its Position Paper that the supervision of a Petron employee is required over LPG and tanker assistance jobs for inventory control and safety checking purposes. It explained that due to the hazardous nature of its products, constant checking of the procedures in their handling is essential considering the high possibility of fatal accidents. It also admitted that it was the one supplying the needed materials and equipment in discharging these functions to better insure the integrity, quality and safety of its products. | |||||
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2010-12-15 |
NACHURA, J. |
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| Petitioners lost their employment when LSC terminated its Agreement with BMSI. However, the termination of LSC's Agreement with BMSI cannot be considered a just or an authorized cause for petitioners' dismissal. In Almeda v. Asahi Glass Philippines. Inc. v. Asahi Glass Philippines, Inc.,[27] this Court declared: The sole reason given for the dismissal of petitioners by SSASI was the termination of its service contract with respondent. But since SSASI was a labor-only contractor, and petitioners were to be deemed the employees of respondent, then the said reason would not constitute a just or authorized cause for petitioners' dismissal. It would then appear that petitioners were summarily dismissed based on the aforecited reason, without compliance with the procedural due process for notice and hearing. | |||||
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2009-09-03 |
CARPIO MORALES, J. |
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| The crucial element of control refers to the authority of the employer to control the employee not only with regard to the result of the work to be done, but also to the means and methods by which the work is to be accomplished.[30] While it suffices that the power of control exists, albeit not actually exercised, there must be some evidence of such power. In the present case, petitioners did not present any. | |||||