CEPALCO V CEPALCO EMPLOYEES

G.R. No. 211015, June 20, 2016

Topic: Contracting or Subcontracting Arrangement

Doctrine:
* Labor-only contracting is an arrangement where the contractor, who does not have substantial
capital or investment in the form of tools, equipment, machineries, work premises, among others,
supplies workers to an employer and the workers recruited are performing activities which are
directly related to the principal business of such employer. It is prohibited under Article 259 (c) of
the Labor Code, as amended.

Question: Whether or not CESCO is a legitimate independent contractor?

Answer:
NO. "Rules Implementing Articles 106 to 109 of the Labor Code, As Amended" (DO 18-02),
provides the following criteria to gauge whether or not an arrangement constitutes labor-only contracting:
Section 5. Prohibition against labor-only contracting. Labor-only contracting is hereby declared
prohibited. For this purpose, labor-only contracting shall refer to an arrangement where the contractor or
subcontractor merely recruits, supplies or places workers to perform a job, work or service for a principal,
and any of the following elements are present:
i) The contractor or subcontractor does not have substantial capital or investment which relates to
the job, work or service to be performed and the employees recruited, supplied or placed by such contractor
or subcontractor are performing activities which are directly related to the main business of the principal;
or
ii) the contractor does not exercise the right to control over the performance of the work of the
contractual employee.
The foregoing provisions shall be without prejudice to the application of Article 248 (C) of the Labor Code,
as amended.

CEPALCO was engaged in labor-only contracting as its Contract for Meter-Reading Work with
CESCO. Petitioners failed to show that CESCO has substantial capital or investment which relates to the
job, work or service to be performed. There is no available document to show CESCO's authorized capital
stock at the time of the contracting out of CEPALCO's meter-reading activities to CESCO.
The list of CESCO's office equipment, furniture and fixtures, and vehicles offered in evidence by
petitioners does not satisfy the requirement that they could have been used in the performance of the specific
work contracted out, i.e., meter-reading service. The tools and equipment utilized by CESCO in the meter-
reading activities are owned by CEPALCO, emphasizing the fact that CESCO has no basic equipment to
carry out the service contracted out by CEPALCO.
It is also evident that meter-reading is a job that is directly related to the main business of
CEPALCO, considering that the latter is an electric distribution utility, which is necessarily tasked with the
evaluation and appraisal of meters in order to bill its clients. It was CEPALCO that established the working
procedure and methods and supervised CESCO's workers in their tasks
More significantly, records are devoid of evidence to prove that the work undertaken in furtherance
of the meter-reading contract was made under the sole control and supervision of CESCO.