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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:
Under the “control test,” an employment relationship exists between a physician and a hospital if the hospital controls both the means and the details of the process by which the physician is to accomplish his task. (Calamba Medical Center, Inc. v. National Labor Relations Commission, G.R. No. 176484, November 25, 2008)
To be able to determine whether a doctor is an employee of the hospital, it is important to determine as well if there exists an employer-employee relationship.
In the case of Pedro Dusol v. Emmarck Lazo (G.R. No. 200555, January 20, 2021), the Supreme Court ruled that:
“In determining whether an employer-employee relationship exists between the parties, the following elements must be present: (1) selection and engagement of services; (2) payment of wages; (3) the power to hire and fire; and (4) the power to control not only the end to be achieved, but the means to be used in reaching such an end.”
It was further held that the most important element is the employer’s control of the employee’s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it. (Pedro Dusol v. Emmarck Lazo, G.R. No. 200555, January 20, 2021).
In the case of Calamba Medical Center, Inc. v. National Labor Relations Commission (G.R. No. 176484, November 25, 2008), it was ruled that under the “control test,” an employment relationship exists between a physician and a hospital if the hospital controls both the means and the details of the process by which the physician is to accomplish his task.
Jurisprudence says:
Where a person who works for another does so more or less at his own pleasure and is not subject to definite hours or conditions of work, and is compensated according to the result of his efforts and not the amount thereof, the element of control is absent. (Calamba Medical Center, Inc. v. National Labor Relations Commission, G.R. No. 176484, November 25, 2008)
Section 15, Rule X of Book III of the Implementing Rules of the Labor Code provides that an employer-employee relationship exists between the resident physicians and the training hospitals, unless there is a training agreement between them, and the training program is duly accredited or approved by the appropriate government agency.
Read also: Liability of hospitals for acts of their employees
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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