Labor Law, 2018 Bar — Question VIII

ESSAY

Nathaniel has been a salesman assigned by Newmark Enterprises (Newmark) for nearly two years at the Manila office of Nutrition City, Inc. (Nutrition City). He was deployed pursuant to a service agreement between Newmark and Nutrition City, the salient provisions of which were as follows: a) the Contractor (Newmark) agrees to perform and provide the Client (Nutrition City), on a non-exclusive basis, such tasks or activities that are considered contractible under existing laws, as may be needed by the Client from time to time; b) the Contractor shall employ the necessary personnel like helpers, salesmen, and drivers who are determined by the Contractor to be efficiently trained; c) the Client may request replacement of the Contractor's personnel if quality of the desired result is not achieved; d) the Contractor's personnel will comply with the Client's policies, rules, and regulations; and e) the Contractor's two service vehicles and necessary equipment will be utilized in carrying out the provisions of this Agreement. When Newmark fired Nathaniel, he filed an illegal dismissal case against the wealthier company, Nutrition City, Inc., alleging that he was a regular employee of the same. Is Nathaniel correct? (2.5%)

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