Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 123 of 23 articles for employee status

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

The Four-Fold Test in Philippine Labor Law: A Guide to Employment Status

Learn how the four-fold test determines employee status in the Philippines, with insights from a landmark Supreme Court ruling.

Determining Employee Status: The Fine Line Between Employment and Partnership in Philippine Law

The Supreme Court clarifies when workers are employees, not partners, and the legal consequences for dismissal in the Philippines.

Understanding Regular Employment: How the Nature of Work Determines Employee Status in the Philippines

The Supreme Court clarifies when construction workers become regular employees entitled to security of tenure, not merely project-based hires.

Security of Tenure vs Qualification Standards Resolving Employment Disputes in Philippine Higher Education

Supreme Court clarifies retirement age rules, security of tenure, and CBA benefits for managerial employees in Philippine schools.

Regular vs Project Employment: Employer Must Prove Employee Status at Hiring

Supreme Court clarifies that employers bear the burden of proving project employment status, requiring clear notice at the time of hiring.

Regular Employee Status: Distinguishing Independent Contractors From Labor-Only Contracting

Philippine Supreme Court clarifies when workers are regular employees despite agency transfers, distinguishing independent contractors from labor-only contracting.

Union Registration Misrepresentation and Managerial Employees: Key SC Ruling

The Supreme Court clarifies when misrepresentation can cancel a union's registration and how managerial employee status affects labor union rights.

Defining the Lines: Independent Contractor vs Employee Status in Philippine Labor Law

Philippine Supreme Court clarifies the distinction between independent contractors and employees, and the fatal consequences of procedural lapses in labor appeals.

Defining Confidential Employees: Balancing Labor Rights and Management Prerogatives in Collective Bargaining

Supreme Court ruling on confidential employees in bargaining units and acting capacity pay, balancing labor rights with management prerogatives.

DOLE Philippines v. Esteva: Labor-Only Contracting and Regular Employment Rights

Supreme Court ruling on labor-only contracting, regular employment, and employer liability in DOLE Philippines v. Esteva (G.R. No. 161115).

Employee Status Under the Control and Economic Reality Tests in Labor Disputes

The Supreme Court clarifies how the control test and economic reality test determine employee status in Philippine labor law.

Project Employees vs Regular Employees: Security of Tenure Under the Labor Code

When is a construction worker a project employee rather than a regular one? The Supreme Court clarifies the rules on tenure and illegal dismissal.

Final Decisions Stand: The Immutability of NLRC Rulings in Illegal Dismissal Cases

A final and executory NLRC decision cannot be modified. Learn what this means for illegal dismissal claims and back wages.

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.

Individual Proof IS KEY IN Illegal Dismissal Cases Understanding Employee Status IN Philippine Labor LAW

Philippine Supreme Court ruling on regular vs. seasonal employment and why individual proof is required in illegal dismissal claims.

Employee vs. Independent Contractor: The Four-Fold Test Under Philippine Law

Philippine courts use the four-fold test to distinguish employees from independent contractors. Control is the key factor.

Employee vs Independent Contractor: The Control Test in Philippine Labor Law (Ushio Marketing Case)

The Ushio Marketing case clarifies the control test for determining employer-employee relationships in Philippine labor law.

Employee Status in Outsourcing: Key Lessons from the Supreme Court on Separation Pay

Learn when a resigning employee may claim separation pay under Philippine law, based on a landmark Supreme Court ruling on company practice.

Regular Employee Status, Security of Tenure, and CBA Benefits in the Philippines

Philippine Supreme Court ruling on when seasonal workers become regular employees entitled to CBA benefits and security of tenure.

Volunteer or Employee? The Control Test in Philippine Labor Law

Learn how the control test determines employee status in the Philippines, using the landmark Filipinas Broadcasting v. NLRC case.

Project vs Regular Employee: What Brahm Industries Teaches About Valid Dismissal

The Supreme Court clarifies the difference between project and regular employees, and the due process required for lawful dismissal in the Philippines.

Independent Contractor vs Employee: The Right of Control Test in Philippine Labor Law

Understand the right of control test that distinguishes an independent contractor from an employee under Philippine labor law, as explained in Sandigan Savings v. NLRC.