This case has been cited 2 times or more.
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2014-03-12 |
VILLARAMA, JR., J. |
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| To ascertain the existence of an employer-employee relationship jurisprudence has invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee's conduct, or the so-called "control test."[26] In resolving the issue of whether such relationship exists in a given case, substantial evidence that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion is sufficient. Although no particular form of evidence is required to prove the existence of the relationship, and any competent and relevant evidence to prove the relationship may be admitted, a finding that the relationship exists must nonetheless rest on substantial evidence.[27] | |||||