SINGER SEWING MACHINE COMPANY vs. HON. FRANKLIN DRILON 193 SCRA 271

Facts: Singer Machine Collectors Union-Baguio filed a petition for direct certification as the sole and exclusive bargaining agent of all collectors of Singer Sewing Machine. The company opposed the petition mainly because the union members are not employees but independent contractors as evidenced by the collection agency agreement which they signed. 

Med-Arbiter ruled that there exists an employee-employer relationship and granted the certification election which was affirmed by Sec. Drilon. The company files the present petition on the determination of the relationship. The union insist that the provisions of the Collection Agreement belie the company’s position that the union members are independent contractors. 

Issue: Whether or not there exists an employer-employee relationship between the parties. 

Ruling: 

The following elements are generally considered in the determination of the relationship: the selection and engagement of the employee, payment of wages, power of dismissal and the power to control the employee’s conduct which is the most important element. 

The plain language of the agreement reveals that the designation as collection agent does not create an employment relationship and that the applicant is to be considered at all times as an independent contractor.