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C. Independent Contractors and Labor-Only Contractors: Notes

This document discusses labor-only contracting and permissible job contracting. Labor-only contracting is prohibited and involves a contractor merely recruiting workers without substantial capital to perform a job directly related to the principal's main business. Permissible job contracting is an arrangement where a principal contracts with a contractor to complete a specific job within a set time period. For it to be permissible, the contractor must run an independent business free from the principal's control, have substantial capital, and ensure contractual employees receive labor and social welfare benefits.

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Edward Kenneth Kung
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80 views

C. Independent Contractors and Labor-Only Contractors: Notes

This document discusses labor-only contracting and permissible job contracting. Labor-only contracting is prohibited and involves a contractor merely recruiting workers without substantial capital to perform a job directly related to the principal's main business. Permissible job contracting is an arrangement where a principal contracts with a contractor to complete a specific job within a set time period. For it to be permissible, the contractor must run an independent business free from the principal's control, have substantial capital, and ensure contractual employees receive labor and social welfare benefits.

Uploaded by

Edward Kenneth Kung
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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C.

Independent Contractors and Labor-Only Contractors




NOTES:
Labor-only contracting -a prohibited act
- is an arrangement where the contractor or subcontractor merely recruits, supplies, or
places workers to perform a job, work, or service for a principal.
- Elements:
(a) the contractor or subcontractor does not have substantial capital or investment to
actually perform the job, work, or service under its own account and responsibility
(b) the employees recruited, supplied, or placed by such contractor or subcontractor
perform activities which are directly related to the main business of the principal.
[20]


Permissible job contracting or subcontracting an arrangement whereby a
principal agrees to put out or farm out with the contractor or subcontractor the
performance or completion 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.

Conditions:
(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 the 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

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