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Clarification of workers in tourism or entertainment industry in DOLE

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Arresto Menor
I am trying to obtain a clarification of workers in the above industry, whether you can help or direct me to the relevant Department and or person that i should communicate with.
I was under the impression that there was a classification for workers like waitress's, dancers, bar staff, etc etc, that classified them as transient workers, and therefore are not subject to the same working conditions, benefits etc of permanent workers.
I was also under the impression that workers provided by a mamasan were under his/her employment, and as such were sub contracted labor.
Generally speaking the workers in this industry move around a lot from one establishment to another, without any notice, disappear back to their province as and when they feel like it, come to work whenever they want to, etc, etc.
So i am trying to establish what a business owners obligation is to these type of workers.
Thank you for any assistance you may be able to offer. LOOKS LIKE NO ONE WANTS TO TOUCH THIS ONE, MAYBE IT'S BECAUSE I AM AN EMPLOYER !

Last edited by lab4236 on Tue Jan 05, 2016 3:53 pm; edited 1 time in total (Reason for editing : NO REPLIES)

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Reclusion Perpetua
Excerpt from the Labor Code that we have:

Art. 138. Classification of certain women workers. Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

In order to test whether or not there is an employer-employee relationship, the courts generally use the four-fold test to determine who wields such:

1. SELECTION and engagement of the employee;
2. PAYMENT of wages;
3. Power of DISMISSAL;
4. Employer's power to CONTROL the employee's conduct with respect to the means and methods by which the work is to be accomplished.

The power to CONTROL is the most important element, as held by the Supreme Court in many decided cases.

Notwithstanding the proviso in the LC that gives favor to women working in such workplaces, it may be said from the test and from the SC-decided cases that such kinds of workers are deemed to be REGULAR employees and are afforded the benefits as provided for by the LC.

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