Digest-Francisco v. NLRC 170087
Digest-Francisco v. NLRC 170087
Digest-Francisco v. NLRC 170087
Generally, courts have relied on the so-called RIGHT OF CONTROL TEST where the person for whom
the
services are performed reserves a right to control not only the end to be achieved but also the means to
be
used in reaching such end. In addition to the standard of right-of-control, the existing ECONOMIC
CONDITIONS PREVAILING BETWEEN THE PARTIES, like the inclusion of the employee in the payrolls,
can
help in determining the existence of an employer-employee relationship.
RATIO:
In affording full protection to labor, this Court must ensure equal work opportunities regardless of sex,
race
or creed. Even as we, in every case, attempt to carefully balance the fragile relationship between
employees
and employers, we are mindful of the fact that the policy of the law is to apply the Labor Code to a
greater
number of employees. This would enable employees to avail of the benefits accorded to them by law, in
line
with the constitutional mandate giving maximum aid and protection to labor, promoting their welfare and
reaffirming it as a primary social economic force in furtherance of social justice and national
development.
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