This case has been cited 1 times or more.
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2012-10-10 |
REYES, J. |
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| In People's Broadcasting (Bombo Radyo Phils., Inc.) v. Secretary of the Department of Labor and Employment,[20] the Court stated that it can be assumed that the DOLE in the exercise of its visitorial and enforcement power somehow has to make a determination of the existence of an employer-employee relationship. Such determination, however, is merely preliminary, incidental and collateral to the DOLE's primary function of enforcing labor standards provisions. Such power was further explained recently by the Court in its Resolution[21] dated March 6, 2012 issued in People's Broadcasting, viz: The determination of the existence of an employer-employee relationship by the DOLE must be respected. The expanded visitorial and enforcement power of the DOLE granted by RA 7730 would be rendered nugatory if the alleged employer could, by the simple expedient of disputing the employer-employee relationship, force the referral of the matter to the NLRC. The Court issued the declaration that at least a prima facie showing of the absence of an employer-employee relationship be made to oust the DOLE of jurisdiction. But it is precisely the DOLE that will be faced with that evidence, and it is the DOLE that will weigh it, to see if the same does successfully refute the existence of an employer-employee relationship. | |||||