Category Archives: Labor Jurisprudence

When the Company Exercises Control: Agent or Employee?

“CONTROL IN THE CONTEXT OF AGENCY VS. CONTROL AS ELEMENT OF EMPLOYER-EMPLOYEEE RELATIONSHIP UNDER THE LABOR CODE”  by Atty. Elvin Villanueva

We know for a fact that an agent is primarily governed by the rules on Agency under the Civil Code while an employee by the Labor Code.

            The confusing part lies in the element of control exercised by the principal in an agency agreement and the control that establishes employer-employee relationship. In the light of this dilemma, is an insurance agent an employee of the insurance company or an independent contractor who has no employment relationship with the latter?

Posted in Labor Jurisprudence, Labor Laws | Tagged , , | Leave a comment