Singer Sewing Machine Co. V Drilon
Singer Sewing Machine Co. V Drilon
Singer Sewing Machine Co. V Drilon
NOTES:
The Collection Agency Agreement defines the relationship between the Company and
each of the union members who signed a contract. The petitioner relies on the
following stipulations in the agreements: (a) a collector is designated as a collecting
agent who is to be considered at all times as an independent contractor and not
employee of the Company; xxx (c) an agent is paid his compensation for service in
the form of a commission of 6% of all collections made and turned over plus a
bonus on said collections; xxx
Facts asserted by petitioner and not discredited by SIMACUB:
1. The collection agents are not required to observe office hours or report to
Singer's office everyday except, naturally and necessarily, for the purpose of
remitting their collections.
2. The collection agents do not have to devote their time exclusively for SINGER.
There is no prohibition on the part of the collection agents from working
elsewhere. Nor are these agents required to account for their time and submit a
record of their activity.
3. The manner and method of effecting collections are left solely to the discretion
of the collection agents without any interference on the part of Singer.
4. The collection agents shoulder their transportation expenses incurred in the
collections of the accounts assigned to them.
5. The collection agents are paid strictly on commission basis. The amounts paid to
them are based solely on the amounts of collection each of them make. They do
not receive any commission if they do not effect any collection even if they put a
lot of effort in collecting. They are paid commission on the basis of actual
collections.
6. The commissions earned by the collection agents are directly deducted by them