Royale Homes vs. Alcantara, Bejerano

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Employer-Employee Relationship; Independent Contractors vs.

Employees
Case No. 15, Bejerano
Royale Homes vs. Alcantara
FACTS:
Alcantara filed a Complaint for Illegal Dismissal against Royale Homes et al. He contended among others
that he is a regular employee of Royal Homes since he is performing tasks that are necessary and
desirable to its business and that his performance is subject to company rules and regulations, code of
ethics, periodic evaluation, and exclusivity clause of contract. Royale Homes however argued that its
contract with Alcantara is clear and unambiguous −it engaged his services as an independent contractor as
can be seen from their contract stating that no employer-employee relationship exists between the parties;
that Alcantara was free to solicit sales at any time and by any manner he may deem appropriate; that he
may recruit sales personnel to assist him in marketing Royale Homes’ inventories; and, that his
remunerations are dependent on his sales performance. Royale Homes likewise contended that CA
grievously erred in ruling that it exercised control over Alcantara based on a shallow ground that his
performance is subject to company rules and regulations, code of ethics, periodic evaluation, and
exclusivity clause of contract. Royale Homes alleged that it is expected to exercise some degree of control
over its independent contractors, but that does not automatically result in the existence of employer-
employee relationship. For control to be considered as a proof tending to establish employer-employee
relationship, the same must pertain to the means and method of performing the work; not on the
relationship of the independent contractors among themselves or their persons or their source of living.
ISSUE:
Whether Alcantara was an independent contractor.
RULING:
Yes. In view of the conflicting findings of the tribunals the court is constrained to go over the factual
matters involved in this case and examined the juridical relationship of the parties based on their written
contract. The court also determined the juridical relationship of the parties based on Control Test.In this
case, the contract, duly signed and not disputed by the parties, conspicuously provides that "no employer-
employee relationship exists between" Royale Homes and Alcantara, as well as his sales agents. It is
clear that they did not want to be bound by employer-employee relationship at the time of the signing of
the contract. Since "the terms of the contract are clear and leave no doubt upon the intention of the
contracting parties, the literal meaning of its stipulations should control." No construction is even needed
as they already expressly state their intention.
MAINPOINT:
Not every form of control that a hiring party imposes on the hired party is indicative of employee-
employer relationship. Rules and regulations that merely serve as guidelines towards the achievement of a
mutually desired result without dictating the means and methods of accomplishing it do not establish
employer-employee relationship.

You might also like