Can a contractor be declared legitimate based solely on the doctrine of stare decisis?
Tag: labor-only contracting
The Second Company’s Deceitful Purpose
Find out why the Supreme Court pierced the corporate veil in this case.
Totality of Circumstances and Contracting Arrangements
A labor contractor’s Certificate of Registration with the Department of Labor and Employment is not conclusive evidence of its status as a legitimate labor contracting entity. At most, it causes a disputable presumption that the entity is a legitimate labor contractor which can be refuted by other evidence. In order to determine whether an entity is a labor-only contractor or a legitimate labor contractor, what must be considered is the totality of the facts and surrounding circumstances of the case.
Returning to the Same Employer
When an illegally dismissed employee is reinstated, should he be considered a new hire?
But He Only Performed “Non-Core” Functions
In supporting its assertion of legitimate contracting, the principal alleged that the complainant only performed non-core functions of its business. Was this assertion upheld by the Supreme Court?
Contractor’s Supervision Over Its Employees Found to Be Dependent Upon Principal’s Needs
Note this example of the principal’s control over the work performance of contractor’s employees.
Employees of the Principal
Which among DFI, DARBMUPCO, and the contractors is the employer of the workers?
