This case has been cited 2 times or more.
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2015-12-07 |
VELASCO JR., J. |
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| Anent the first confirmatory element, petitioner and Golden Rock refuted the latter's alleged lack of substantial capital by presenting its Certificate of Registration from the DOLE Regional Office in Valenzuela City. Although not conclusive proof of legitimacy as a manpower provider, the certification nevertheless prevented the presumption of labor-only contracting from arising.[59] In its stead, the certification gave rise to a disputable presumption that the contractor's operations are legitimate. As provided in Gallego v. Bayer Philippines, Inc.:[60] | |||||
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2014-06-09 |
DEL CASTILLO, J. |
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| "Permissible job contracting or subcontracting refers to an arrangement whereby a principal agrees to farm out with a contractor or subcontractor the performance of a specific job, work, or service within a definite or predetermined period, regardless of whether such job, work or, service is to be performed or completed within or outside the premises of the principal. Under this arrangement, the following conditions must be met: (a) the contractor carries on a distinct and independent business and undertakes the contract work on his account under his own responsibility according to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of his work except as to the results thereof; (b) the contractor has substantial capital or investment; and (c) the agreement between the principal and contractor or subcontractor assures the contractual employees' entitlement to all labor and occupational safety and health standards, free exercise of the right to self-organization, security of tenure, and social welfare benefits."[44] Labor-only contracting, on the other hand, is a prohibited act, defined as "supplying workers to an employer who does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer."[45] "[I]n distinguishing between prohibited labor-only contracting and permissible job contracting, the totality of the facts and the surrounding circumstances of the case shall be considered."[46] | |||||