Published by Department of Labor and Employment(DOLE) on Oct. 14, 2021.
Requested from DOLE by J. Mariano at 07:54 AM on
Oct. 14, 2021.
Purpose: Information
Date of Coverage: 10/01/2014 - 05/01/2018
Tracking no: #DOLE-706518702031
N.TUNGALA
Oct. 14, 2021, 7:54 a.m.
Hi I would like to be advised on what type of category I am in based from the nature of work I did for my previous employer, I just resigned to them and I saw on my COE(certificate of employment) that they put me as a contractor even though I work just like an employee, I submit timesheets, I got fixed hours and they direct me on how to do things and there is an obvious employer-employee relationship, my tax is also just 10% of my salary and I have no any benefits whatsoever. They even required me to work on night shift without any night differential.
J.BARBOZA
Oct. 14, 2021, 11:38 a.m.
October 14, 2021
Dear Nielsen,
Thank you for your request dated Oct 14, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Work Nature (Contractor or an Employee).
We received your request on Oct 14, 2021 and will respond on or before Nov 04, 2021 07:54:40 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster11222017150000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzA2NTE4NzAyMDMxDA, for request with ticket number #DOLE-706518702031.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
Oct. 14, 2021, 2:02 p.m.
October 14, 2021
Dear Nielsen Tungala,
Thank you for your request dated Oct 14, 2021 07:54:40 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for your category as a worker, (Contractor or an Employee).
Anent your concern, Work Nature may ONLY be up to a certain extent may determine your employment status. The four fold test of employment is debatable and is still subject to litigation.
However, a more definitive way of determining your employment status will be the CONTRACT that you signed with your company. It will tell us outright what type of worker you are. As an independent contractor, you may be paid by result which is not usually covered by benefits under the Labor Code of the Philippines as it is presumed that independent contractors should receive more, way above to the minimum prescribed benefits by the code,
Independent contractors are governed by contracts/civil code. Independent contractors MUST receive remunerations above to what is prescribed by the Labor Code.
Would you feel that your rights are violated, you may file an online request for assistance at https://sena.dole.gov.ph/ for conciliation mediation proceedings through the Department’s SEnA Program.
Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
N.TUNGALA
Oct. 14, 2021, 2:45 p.m.
Good Day!
On my contract it is said that I am a contractor but the manner, requirements and the relationship I have with them is that of an employee. Is it legal for them to hire people as a contractor but work them off as an employee? Even though I have no capital and I have no control whatsoever to the service I am providing.
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