1.

EMPLOYER-EMPLOYEE RELATIONSHIP ESSENTIAL If there is no employer-employee relationship between the parties, there is no basis for organizing for purposes of CBA ELEMENTS FOR THE EXISTENCE OF AN EMPLOYEREMPLOYEE RELATIONSHIP: 1. selection and engagement of the employee 2. payment of wages 3. power to dismiss 4. power to control the employees conduct BROTHERHOOD LABOR UNITY MOVEMENT OF THE PHILIPPINES VS ZAMORA FACTS: Petitioners have worked at San Miguel Parola Glass Factory averaging about seven years of service at the time of termination. They worked as cargadores or pahinantes. Work in the factory was neither regular or continuous. It did not mean a full 8 hour day but at times work exceeded 8 hours and necessitated work on Sundays or holidays. They were not paid overtime or extra compensation. They were paid every 10 days on a piece-rate basis. They worked exclusively at SMC plant. When they organized a union, SMC refused to hear their grievances and refused to bargain with them ISSUE: Whether or not they were employees? HELD: Yes, considering the length of tune that petitioners worked with the company, it may be justifiable to conclude that they were engaged to perform activities necessary or desirable in the usual trade or business of SMC.

work but the legality of the dismissal is being contested in a forum of appropriate jurisdiction EMPLOYER any person or entity who employs the services of others, one for whom employees work and who pays their wages or salaries includes any person directly or indirectly acting in the interest of an employer shall refer to the enterprise where a labor organization operates or seeks to operate An employer may be brought into a bargaining and economic relationship with persons not in his actual employ; such persons are given status and rights of employees to accord to them the protection of the Act the nature of a LABOR DISPUTE does not require that the disputants should stand in the proximate relation of employer and employee 2.1 One Whose Work Has Ceased Cessation of work due to strike or lockout or to dismissal or suspensions constituting unfair labor practices does not affect the employee status in the sense that the rights and benefits of the employee are protected as though there has been no interruption of service, effective upon actual return to work. A striker may not be deprived of a bonus because he had taken part in a strike. Upon reinstatement of one whose dismissal constituted an unfair labor practice he is entitled to backwages, seniority and other rights, in order to make whole his loss as a result of the employers unlawful act. (PAL vs PALEA)

2. WHO ARE EMPLOYEES TERM EMPLOYEE INCLUDES: 1. any employee 2. shall not be limited to the employee of any particular employer unless Act explicitly states 3. LABOR ORGANIZATION AS EMPLOYER otherwise A labor org may be deemed as an employer 3. shall include any individual when it is acting as such in relation to persons a. whose work has ceased as a consequence rendering services under hire, particularly in of, or in connection with, any current labor connection with its activities for profit or gain. dispute A labor union may attain the status of an b. who has not obtained any substantial ordinary business in pursuit of a particular line equivalent and regular employment of business. A labor organization which EMPLOYEE operates a stevedoring and arraste business any person working for an employer under contracts with various shipping firms with it includes one whose work has ceased in connection operation systems similar to independent with any current labor dispute or because of any unfair contractors is already a business entity. (ALLIED labor practice and one who has been dismissed from FREE WORKERS UNION VS CIA. MARITIMA)