Riders hired by Lazada E-Service Philippines are Lazada's regular employes, not independent contractors.
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| 📷:SCPh_PIO |
In the case of Ditiangkin vs Lazada, respondent Lazada contends that Ditiangkin, Molines, Juanio, Verde, and Nabong, collectively, riders/petitioners, are independent contractors and that there is no employer-employee relationship between them. They submit that petitioners represented having substantial capital when they signed the Contract and should be bound by its stipulations. However, respondents failed to discharge their burden of proving that petitioners are independent contractors. Petitioners do not fall under any of the categories of independent contractors.
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First, petitioners are not hired by a contractor or subcontractor. Petitioners merely refer to RGSERVE, Inc. as their former employer, but it is clear in the parties' submissions that petitioners were directly hired by respondents. Each petitioner signed an individual Contract with respondent Lazada who paid them directly. Thus, there is no trilateral relationship wherein a contractor or subcontractor is required to possess substantial capital or investment.
Second, petitioners cannot be considered independent contractors in a bilateral relationship. The work performed by petitioners do not require a special skill or talent. Picking up and delivering goods from warehouse to buyers do not call for a specific expertise. It is also not shown that petitioners were hired due to their unique ability or competency.
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Contrary to respondents' assertions, petitioners satisfy both the four-fold and economic dependence tests.
Here, the four factors are present. First, petioners are directly employed by respondent Lazada as evidenced by the Contracts they signed. Petitioner's former employer, RGSERVE, Inc., is not a party to the Contract with respondent Lazada. Second, as indicated in the Contract, petitioners receive their salaries from respondent Lazada. Petitioners are paid by respondent Lazada the amount of Pl ,200.00 for each day of service. Third, respondent Lazada has the power to dismiss petitioners. In their contract, respondents can immediately terminate the agreement if there is a breach of material provisions of the Contract.; Lastly, respondent Lazada has control over the means and methods of the performance of petitioners' work.
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For more information, see full text below: https://sc.judiciary.gov.ph/32478/
Sources: Philippine Supreme Court Public Information Office. And PUP College of Law Research Corp.
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