Standards to determine employer-employee relationship

Etched in an unending stream of cases are four standards in determining the existence of an employer-employee relationship, namely:
(a) the manner of selection and engagement of the putative employee;
(b) the mode of payment of wages;
(c) the presence or absence of power of dismissal; and
(d) the presence or absence of control of the putative employee's conduct.Most determinative among these factors is the so-called "control test."[1] Indeed, the power of the employer to control the work of the employee is considered the most significant determinant of the existence of an employer-employee relationship.[2] This test is premised on whether the person for whom the services are performed reserves the right to control both the end achieved and the manner and means used to achieve that end.

[1] Sasan, Sr. v. NLRC, 4th Div., et al., 590 Phil. 685, 708-709 (2008).
[2] Legend Hotel (Manila) v. Realuyo, supra note 22, at 22.

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