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Labor Arbiter, NLRC, Supreme Court -

Article 243 of the Labor Code 12 enumerates who are eligible to form, join, or assist labor organizations for purposes of collective bargaining, to wit— ART. 243. Coverage and employees’ right to self-organization. — All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. x x x The recognized exception to this enumeration is found in Article 245 of the same code, which provides...

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Court of Appeals, NEA, RTC, Supreme Court -

The Court, therefore, finds it erroneous on the part of the CA to rule that the doctrine of primary jurisdiction does not apply in the present case. It is true that the RTC has jurisdiction over the petition for prohibition filed by respondent. However, the basic issue in the present case is not whether the RTC has jurisdiction over the petition for prohibition filed by respondent; rather, the issue is who between the RTC and the NEA has primary jurisdiction over the question of the validity of the Board Resolution issued by SAMELCO II. A careful reading of the above-quoted...

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Cooperative Law, Labor Arbiter, NLRC, Supreme Court -

In determining the existence of an employer-employee relationship, the following elements are considered: (1) the selection and engagement of the workers; (2) the payment of wages by whatever means; (3) the power of dismissal; and (4) the power to control the workers conduct, with the latter assuming primacy in the overall consideration. The most important element is the employers control of the employees conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish. The power of control refers to the existence of the power and not necessarily...

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