This case has been cited 2 times or more.
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2012-07-18 |
BERSAMIN, J. |
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| Petitioner could not seek refuge behind the service contract entered into with respondent. It is the law that defines and governs an employment relationship, whose terms are not restricted to those fixed in the written contract, for other factors, like the nature of the work the employee has been called upon to perform, are also considered. The law affords protection to an employee, and does not countenance any attempt to subvert its spirit and intent. Any stipulation in writing can be ignored when the employer utilizes the stipulation to deprive the employee of his security of tenure. The inequality that characterizes employer-employee relations generally tips the scales in favor of the employer, such that the employee is often scarcely provided real and better options.[15] | |||||
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2010-06-29 |
BRION, J. |
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| 2.2 The various affidavits of Manulife's insurance agents and managers, who occupied similar positions as Tongko, showed that they performed administrative duties that established employment with Manulife;[12] and | |||||