2024 Labor Law, Q6

In August 2019, Vans Taste Restaurant (VTR) entered into a yearly and renewable service contract with Colin Consultancy Services (CCS) for the supply of professional advisors that will design action plans for the restaurant business. CCS has a capital of PHP 20,000,000.00 based on its audited financial statements. CCS hired Grayson, Oswald, and Peyton (Grayson, et. al.) and deployed them to VTR as professional advisors. CCS prescribed Grayson, et. al.’s daily work schedules and specific steps in designing the action plans. Whereas VTR required Grayson, et. al. to submit five action plans each month. In August 2024, the service contract expired without VTR and CCS renewing the agreement. VTR then no longer permitted Grayson, et. al. to enter the restaurant. Aggrieved, Grayson, et al. filed against VTR a complaint for regularization and illegal dismissal because they have been working as its professional advisors for five years. Grayson, et al. also claimed that CCS is a labor-only contractor since it has no investment in the form of tools, equipment, and machineries. Will the complaint for regularization and illegal dismissal prosper? Explain.

Quick check

Under Department Order No. 174-17 and Article 106 of the Labor Code, what substantial capital requirement must a legitimate contractor meet?

How does the disjunctive phrasing 'substantial capital OR investment in tools' in Article 106 apply to job contractors?

Why was Colin Consultancy Services classified as a legitimate job contractor rather than a labor-only contractor?

What aspect of control distinguishes a principal's legitimate end-result requirement from an employer's control over work performance?

Choices available with full access.

What is the legal effect on deployed workers when a legitimate job contracting agreement expires without renewal?

Choices available with full access.

Unlock the full Labor Law answers

Learn more about these topics

1. Legitimate Job Contracting
Under Article 106 of the Labor Code and Department Order No. 174-17, legitimate job contracting requires a contractor to carry an independent business and possess substantial capital or investment in tools, equipment, or machinery. The statutory definition uses the disjunctive 'or', meaning that having substantial capital alone—at least five million pesos—is legally sufficient to satisfy the financial requirement without separate machinery investments. Additionally, the contractor must exercise control over the performance of the deployed workers' duties. Establishing these statutory elements confirms legitimate contractor status, placing full employer liability onto the contractor rather than the principal enterprise.

2. Labor-Only Contracting Test
Labor-only contracting is an prohibited arrangement where a contractor lacks substantial capital or investment and deploys workers to perform activities directly related to the principal's main business. Alternatively, labor-only contracting exists when the contractor does not exercise the right of control over the means and methods of the workers' performance. If a contractor possesses substantial capital exceeding the statutory threshold and retains control over daily schedules and work processes, labor-only contracting is legally negated. Consequently, deployed personnel remain employees of the legitimate contractor, precluding regularization or illegal dismissal claims against the principal.

3. Four-Fold Control Test
In determining the existence of an employer-employee relationship, the right-of-control test serves as the most critical determinant. Control refers to reserving the right to direct not only the end result to be achieved, but also the specific means, methods, and processes used to accomplish that result. When a principal merely dictates the desired output, such as receiving monthly action plans, without supervising daily schedules or steps, control is absent. Where control over work methods remains with the contractor, no employment relationship exists between the principal and the contractor's deployed personnel.

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