Legal Questions

Who is an employer?

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In the Philippines, there are at least seven laws that gave definition as to who an employer is and they are the following:

1. Republic Act 8282: Social Security Act of 1997 or the SSS Law

Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking, or activity of any kind and uses the services of another person who is under his orders as regards the employment, except the Government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the Government: Provided, That a self-employed person shall be both employee and employer at the same time.

2. Article 212 of the Labor Code 

The term employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer.

3. Article 107 of the Labor Code

 INDIRECT EMPLOYER pertains to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job, or project. (This is in relation to the Labor Code provisions on Legitimate Labor Contracting)

4. Article 155 of the Labor Code

 Employer for the Homeworkers

 The term employer shall include any person, natural or artificial, who for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through any employee, agent, contractor, sub-contractor, or any person:

a.) delivers, or causes to be delivered, any goods, articles, or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or,

b.) sells any goods, articles or materials to be processed or fabricated in or about a home and then re-buys them after such processing or fabrication, either himself or through some other person.

5. Republic Act 8291: The Government Service Insurance System Act of 1997 or the GSIS Law

An employer is defined as the national government, its political subdivisions, branches, agencies or instrumentalities, including government-owned or controlled corporations, and financial institutions with original charters, the constitutional commissions and the judiciary.

6. The Philippine Overseas Employment Administration Rules and Regulations Governing Overseas Employment

An employer is any person, partnership or corporation, whether local or foreign, directly engaging the services of Filipino workers overseas.

7. Technical Education and Skills Development Act of 1994 or the TESDA Act

Under this law as well as its Implementing Rules and Regulations, an employer is defined as the individual firm or any other entity qualified to hire apprentices.

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