![]() ![]() ![]() Also generally, if there is no employment relationship, the Labor Code does not apply and labor courts have no jurisdiction. Generally, if there is employer-employee relationship, the Labor Code applies. It is important to determine whether an employment relationship exists because this has an effect on the applicability of the Labor Code. It is the so-called "control test" that is the most important element. ![]() In determining the existence of employer-employee relationship, the elements that are generally considered comprises the so-called "four fold test" namely: (a) the selection and engagement of the employee (b) the payment of wages (c) the power of dismissal and (d) the employer’s power to control the employee with respect to the means and methods by which the work is to be accomplished.
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