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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
An independent contractor is one who carries on a distinct and independent business and undertakes to perform the job, work, or service on its own account and under its own responsibility according to its own manner and method, free from the control and direction of the principal in all matters connected with the performance, of the work except as to the results thereof.
In the dynamic landscape of the modern workforce, independent contractors emerge as the versatile artisans of their own careers, sculpting their professional paths with a blend of autonomy and expertise.
Chavez v. National Labor Relations (489 Phil. 444, 2005) defines an independent contractor as:
. . . one who carries on a distinct and independent business and undertakes to perform the job, work, or service on its own account and under its own responsibility according to its own manner and method, free from the control and direction of the principal in all matters connected with the performance, of the work except as to the results thereof.”
Independent contractors often present themselves to possess unique skills, expertise, or talent to distinguish them from ordinary Ees. (Sonza v. ABS-CBN, G.R. No. 138051, 10 June 2004)
An independent contractor “enjoys independence and freedom from the control and supervision of his principal” as opposed to an employee who is “subject to the employer’s power to control the means and methods by which the employee’s work is to be performed and accomplished.
Jurisprudence has recognized another kind of independent contractor: individuals with unique skills and talents that set them apart from ordinary employees. There is no trilateral relationship in this case because the independent contractor himself or herself performs the work for the principal. In other words, the relationship is bilateral.
In Orozco v. Court of Appeals, Wilhelmina Orozco was a columnist for the Philippine Daily Inquirer. This court ruled that she was an independent contractor because of her “talent, skill, experience, and her unique viewpoint as a feminist advocate.” In addition, the Philippine Daily Inquirer did not have the power of control over Orozco, and she worked at her own pleasure.
Semblante v. Court of Appeals involved a masiador and a sentenciador. This court ruled that “petitioners performed their functions as masiador and sentenciador free from the direction and control of respondents” and that the masiador and sentenciador “relied mainly on their ‘expertise that is characteristic of the cockfight gambling.'” Hence, no employer-employee relationship existed.
Bernarte v. Philippine Basketball Association involved a basketball referee. This court ruled that “a referee is an independent contractor, whose special skills and independent judgment are required specifically for such position and cannot possibly be controlled by the hiring party.”
In these cases, the workers were found to be independent contractors because of their unique skills and talents and the lack of control over the means and methods in the performance of their work.
In other words, there are different kinds of independent contractors: those engaged in legitimate job contracting and those who have unique skills and talents that set them apart from ordinary employees. (Paragele v. GMA Network, Inc. G.R. No. 235315, July 13, 2020)
Independent contractors represent a vibrant and essential component of the modern workforce. Their ability to offer specialized skills with flexibility and autonomy reflects the changing nature of work in the digital age.
Related Article/s:
What is the difference between employees and independent contractors?
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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