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JESUS REYES vs.

GLAUCOMA RESEARCH FOUNDATION


GR No. 189255; June 17, 2015

FACTS: A complaint for illegal dismissal was filed by petitioner Reyes against respondent Glaucoma Research
Foundation with the NLRC. Petitioner alleged that on August 2003, he was hired by respondent as administrator of
the Eye Referral Center (ERC). He performed his duties as administrator and continuously received his monthly
salary of ₱20,000.00. Beginning February 2005, respondent withheld petitioner's salary without notice but he still
continued to report for work. Petitioner wrote a letter to the Executive Director of respondent, informing the latter
that he has not been receiving his salaries since February 2005 as well as his 14th month pay for 2004 but he did not
receive any response. Petitioner was then informed by the Assistant to the Executive Director as well as the
Assistant Administrative Officer, that he is no longer the Administrator of the ERC. Subsequently, petitioner’s
office was padlocked and closed without notice; he still continued to report for work but later on he was no longer
allowed by the security guard on duty to enter the premises of the ERC. Respondents co+ntended that there is no
employer-employee relationship between them because respondents had no control over petitioner in terms of
working hours as he reports for work at any time of the day and leaves as he pleases.

ISSUE: Whether or not an employer-employee relationship existed between the parties?

HELD: No. There is no employer-employee relationship between Reyes and Glaucoma Research Foundation.
Indeed, the power of the employer to control the work of the employee is considered the most significant
determinant of the existence of an employer-employee relationship. This test is premised on whether the person for
whom the services are performed reserves the right to control both the end achieved and the manner and means used
to achieve that end. Well settled is the rule that where a person who works for another performs his job more or less
at his own pleasure, in the manner he sees fit, not subject to definite hours or conditions of work, and is
compensated according to the result of his efforts and not the amount thereof, no employer-employee relationship
exists. What was glaring in the present case is the undisputed fact that petitioner was never subject to definite
working hours. This Court has held that there is no employer-employee relationship where the supposed employee is
not subject to a set of rules and regulations governing the performance of his duties under the agreement with the
company and is not required to report for work at any time, or to devote his time exclusively to working for the
company. The fact alone that petitioner was designated as an administrator does not necessarily mean that he is an
employee of respondents. Mere title or designation in a corporation will not, by itself, determine the existence of an
employer-employee relationship.

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