Professional Documents
Culture Documents
LABOR LAW
ISSUE/ HELD
1. Tenazas (employees)
- taxi unit assigned to him was sideswiped by
another vehicle, causing dent near driver seat
- told to leave garage; can no longer drive taxi unit
2. Francisco:
- suspicion for his alleged organization of labor
union
3. Endraca:
- fell short of required boundary
- brought car to auto shop for repair
- drivers license was confiscated and told to settle
boundary first
R. Villegas Taxi Transport (employer)
1. admitted Tenazas (regular driver) and Endraca
(spare driver) as its employees, but not Francisco
2. Did not terminate Tenazas
- car due for overhaul for defects
- T did not report back to work
DOCTRINE
Elements of EE-relationship:
(1) selection and engagement of employee
(2) payment of wages
(3) power of dismissal
(4) power of control
Quantum of evidence required in labor cases:
substantial evidence
LA for respondents
o F: not employee, no evidence
o E: not illegally dismissed , stopped working
o T: not illegally dismissed, did not report for
work
CA for petitioners
o T and E: employees of R. Villegas; illegally
dismissed
o filed case soon after dismissal
o did not abandon work
o not entitled to separation pay
o reinstatement is possible
Elements of EE-relationship:
(1) selection and engagement of employee
(2) payment of wages
(3) power of dismissal
(4) power of control
Quantum of evidence required in labor cases:
substantial evidence