This case has been cited 2 times or more.
|
2016-01-13 |
JARDELEZA, J. |
||||
| Inasmuch as it is the law that forms the employment ties, the stipulation in the BPPA that respondent-workers are not employees of DFI is not controlling, as the proven facts show otherwise. The law prevails over the stipulations of the parties. Thus, in Tabas v. California Manufacturing Co., Inc.,[104] we held that:The existence of an employer-employees relation is a question of law and being such, it cannot be made the subject of agreement. Hence, the fact that the manpower supply agreement between Livi and California had specifically designated the former as the petitioners' employer and had absolved the latter from any liability as an employer, will not erase either party's obligations as an employer, if an employer-employee relation otherwise exists between the workers and either firm. xxx[105] (Emphasis supplied.) | |||||