Analyzing the Framework and Provisions of an Employment Relationship

ANTO COMETA

The correlation that exists between the employee and employer constitutes the institutional view of an employment relationship. This general view is to some extent problematic as the provisions of employment are not categorically defined. Examining the structure together with the provisions of the individual’s employment provides a better understanding as to what determines an employment relationship. This would aid to address the issues concerning protection, compliance and violations of labor standards as well as to facilitate and promote the appropriate working conditions for both workers and employers.[1]

The employment relationship is outlined within the limitations imposed by both labor and product markets. It is in the exchange between the value of labor and performance of the individual or the worker. Moreover, it is formed within the permanent system of negotiations in view of the fact that a formal contract of employment cannot be expected to characterize the relationship between the specifics of value and performance and that control on cost necessitates repeated emphasis and realization. It is deemed as the exchange between time, qualification and wages which takes place between the employer and employee during the labor process.[2]

In order to establish the existence of the abovementioned relationship it should suffice the elements of selection and engagement of the employee in the organization, payment of wages, the power of dismissal and the employer’s power to control the employee’s conduct. The most essential factor is the employer’s power to manage and control the conduct of the individual, this is not only deemed as the consequence of tasks to be delivered but it provides the means and methods to furnish work undertakings.[3] The subject of identifying the existence of an employment relationship is mainly to establish an appropriate mechanism in order to provide effective measures of protection and prevention of maltreatment and exploitation of workers within the context that constitutes such relationship.

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[1] ILO Recommendation 198: Employment Relationship Recommendation, 2006

[2] Huiskamp R. et al, 1995, “Regulating the employment relationship: an analytical framework”, Comparative Industrial and Employment Relations, pp. 17-36

[3] Sy vs. Court of Appeals, G.R. No. 142293, February 27, 2003