Labor Law, 2012 Bar — Question VII-a

ESSAY

Inggu, an electronics technician, worked within the premises of Pit Stop, an auto accessory shop. He filed a Complaint for illegal dismissal, overtime pay and other benefits against Pit Stop. Pit Stop refused to pay his claims on the ground that Inggu was not its employee but was an independent contractor. It was common practice for shops like Pit Stop to collect the service fees from customers and pay the same to the independent contractors at the end of each week. The auto shop explained that Inggu was like a partner who worked within its premises, using parts provided by the shop, but otherwise Inggu was free to render service in the other auto shops. On the other hand, Inggu insisted that he still was entitled to the benefits because he was loyal to Pit Stop, it being a fact that he did not perform work for anyone else. Is Inggu correct? Explain briefly.

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