OCCASIONAL NOT OCCUPATIONAL -- NO EMPLOYER-EMPLOYEE RELATIONSHIP SUGGESTED ANSWER TO QUESTION NO. XIII BAR EXAM ON LABOR LAW (OCT 5, 2014) By Atty. Sonny Matula Law lecturer of MLQU-School of Law, University of Manila-College of Law and University of Perpetual Help-College of Law XIII Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed that the plants in his garden needed trimming. He remembered that Lando, a 17-year old out-of-school youth, had contacted him in church the other day looking for work. He contacted Lando who immediately attended to Don Luis’s garden and finished the job in three days. (4%) (A) Is there an employer-employee relationship between Don Luis and Lando? (B) Does Don Luis need to register Lando with the Social Security System(SSS) Suggested answer: A. No. There is no employee-employer relation between Don Luis and Lando as the work of Lando in the garden is only for three days. Though Lando performed domestic work, the same is one that can be considered as “occasionally or sporadically and not on an occupational basis.” Such is excluded in domestic work as employment (Section 4 [d] of R.A. 10361 B. No. There is no need to register as there is no employee-employer relationship between them as shown above.
Posted on: Mon, 10 Nov 2014 04:50:26 +0000
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