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 a nd 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 only. Not an official answer and not legal advice.
(A) Yes, an employer-employee relationship exists. (B) No, Don Luis does not need to register Lando with the SSS. Under the Labor Code, an employment relationship exists when four-fold test elements concur: selection,
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Quick check
Which element of the four-fold test is considered the most crucial in determining the existence of an employer-employee relationship?
The control test is the most important element in establishing an employment relationship.
Under Republic Act No. 11199, which type of employment is expressly excluded from compulsory SSS coverage?
Purely casual employment outside the employer's trade or business is excluded from compulsory SSS coverage.
What characterizes a casual employee under the Labor Code of the Philippines?
Casual employment involves work that is merely incidental and not in the employer's usual trade.
Does hiring a teenager for a one-time, three-day garden trimming task create an employer-employee relationship under the four-fold test?
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Is an employer required to register a casual worker hired for a sporadic three-day household job with the Social Security System?
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Learn more about these topics
1. Four-Fold Test Requisites
Under Philippine labor law, the existence of an employer-employee relationship is determined using the four-fold test: the selection and engagement of the employee, the payment of wages, the power of dismissal, and the power to control the employee's conduct. Among these elements, the control test is the most crucial benchmark, requiring that the employer controls not only the final result of the work but also the means and methods by which it is accomplished.
2. Casual Employment Distinction
Casual employment exists when an employee is engaged to perform work or services that are purely incidental and not usually necessary or desirable in the usual business or trade of the employer. While casual employees are recognized as employees under the Labor Code, their employment is temporary and sporadic in nature. They do not automatically acquire regular status unless their employment duration or continuous rehiring reaches statutory threshold requirements under applicable labor standards.
3. Social Security Coverage
Under Republic Act No. 11199, compulsory coverage in the Social Security System applies to all employees not over sixty years of age and their employers. However, employment that is purely casual and not for the purpose of the employer's occupation, trade, or business is expressly excluded from compulsory coverage. An individual hired for a temporary, isolated household task without continuous employment status does not trigger statutory registration duties for the employer.