Manila Golf Vs Iac Digest Case
Manila Golf Vs Iac Digest Case
Manila Golf Vs Iac Digest Case
IAC
237 SCRA 207
Facts: The "Caddies of Manila Golf and Country Club-PTCCEA" petitioned with Social Security
Commission (SSC) for coverage and availment of benefits under the Social Security Act as
amended. Manila Golf and Country Club (MGC), had not registered them as employees with the
SSS based on the absence of 2 elements: (1) payment of wages(paid by the golf players
themselves and not by respondent club. ) and (2) control or supervision over them.(manner in
which they performed their work). SSC dismissed their petition.Thus they appealed to IAC. The
latter declared that employer-employee relationship between the Club and Fermin Llamar
passed the so-called "control test,".: 24-hour rules and regulations, group rotation system,
club's "suggesting" the rate of fees payable to the caddies.
Issue: Whether or not persons rendering caddying services for members of golf clubs and their
guests in said clubs’ courses or premises are the employees and therefore within the
compulsory coverage of the Social Security System(SSS).
HELD: No. Petitioner's regulations, does not circumscribe the actions or judgment of the
caddiesconcerned as to leave them little or no freedom of choice whatsoever in the manner of
carrying out theirservices. Caddies must submit to some supervision of their conduct while
enjoying the privilege of pursuing their occupation within the premises. Club has no measure of
control over the incidents of thecaddies' work and compensation that an employer would
possess. The group rotation system so-called, is less a measure of employer control than an
assurance that the work is fairly distributed, a caddy who is absent when his turn number is
called simply losing his turn to serve and being assigned instead the last number for the day.
The caddies were not required to render a definite number of hours of work on a single day.
Even the group rotation of caddies is not absolute because a player is at liberty to choose
acaddy of his preference regardless of the caddy's order in the rotation.
Fermin Llamar is not an employee of the petitioner Manila Golf and Country Club and that
petitioner is under no obligation to report him for compulsory coverage to the Social Security
System.
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