2016 Labor Law, Q2

Gregorio was hired as an insurance underwriter by the Guaranteed Insurance Corporation (Guaranteed). He does not receive any salary but solely relies on commissions earned for every insurance policy approved by the company. He hires and pays his own secretary but is provided free office space in the office of the company. He is, however, required to meet a monthly quota of twenty (20) insurance policies, otherwise, he may be terminated. He was made to agree to a Code of Conduct for underwriters and is supervised by a Unit Manager.
[a] Is Gregorio an employee of Guaranteed? Explain. (2.5%)
[b] Suppose Gregorio is appointed as Unit Manager and assigned to supervise several underwriters. He holds office in the company premises, receives an overriding commission on the commissions of his underwriters, as well as a monthly allowance from the company, and is supervised by a branch manager. He is governed by the Code of Conduct for Unit Managers. Is he an employee of Guaranteed? Explain. (2.5%)

Quick check

What is the most determinative test in establishing the existence of an employer-employee relationship?

Which factor distinguishes an independent insurance underwriter from a regular employee?

How are sales quotas and Codes of Conduct treated under labor law in the context of insurance agencies?

Does the appointment of an insurance agent as a Unit Manager automatically create an employment relationship?

Under Philippine labor jurisprudence, what happens when a company controls only the result of the work and not the means of achieving it?

Learn more about these topics

1. Control Test
The control test is the paramount determinant in establishing an employer-employee relationship under Philippine labor law. Under this test, an employment relationship exists when the employer reserves the right to control not only the end result to be achieved but also the specific means and methods employed to accomplish that result. Where the guidelines imposed merely seek to promote or ensure the desired result without dictating the manner of performance, no employer-employee relationship is created.

2. Insurance Agents
Insurance underwriters and agents are generally considered independent contractors rather than regular employees. Rules prescribing sales quotas, adherence to an industry code of conduct, and supervision by unit or branch managers are regulatory control devices mandated under insurance laws and company standards. They aim to ensure ethical compliance and target results rather than control the specific manner and means by which the underwriter solicits insurance policies.

3. Independent Contractor Status
An independent contractor carries on an independent business and performs work according to their own methods and discretion, free from direct labor law control by the principal. Appointment to supervisory positions such as Unit Manager, along with receiving overriding commissions and administrative allowances, does not automatically transform an independent agent into an employee when the core element of means-and-methods control remains absent.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026