| 000 -LEADER |
|---|
| fixed length control field |
02707nam a22002657a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
|---|
| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
|---|
| control field |
20190715094625.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
|---|
| fixed length control field |
180531b xxu||||| |||| 00| 0 eng d |
| 040 ## - CATALOGING SOURCE |
|---|
| Original cataloging agency |
University of Cebu- Banilad |
| Transcribing agency |
University of Cebu- Banilad |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
|---|
| Personal name |
Balneg, Karla L. |
| 245 ## - TITLE STATEMENT |
|---|
| Title |
Legal status of the current practice of engaging software developers as independent contractors / |
| Statement of responsibility, etc |
Karla L. Balneg. |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
|---|
| Place of publication, distribution, etc |
Cebu City : |
| Date of publication, distribution, etc |
2017. |
| Name of publisher, distributor, etc |
University of Cebu, |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
viii, 100 leaves : |
| 336 ## - CONTENT TYPE |
|---|
| Source |
rdacontent |
| Content type term |
text |
| 337 ## - MEDIA TYPE |
|---|
| Source |
rdamedia |
| Media type term |
unmediated |
| 338 ## - CARRIER TYPE |
|---|
| Source |
rdacarrier |
| Carrier type |
volume |
| 501 ## - WITH NOTE |
|---|
| With note |
Thesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2017. |
| 520 ## - SUMMARY, ETC. |
|---|
| Summary, etc |
Summary: Misclassification of an employee as an independent contractor continually plagues our legal system. Some entrepreneurs would prevent the workers from being classified as an employee to reduce business expenses. Employee classification warrants the entitlements of both constitutional and statutory privileges such as the right to security of tenure, social security benefits, health care coverage, holiday pay and leaves credit. On the other hand, an independent contractor is barred from receiving the above mentioned benefits. As such, misclassification of workers is prohibited by law. Despite the prohibition, the scheme of engaging workers as independent contractors when they should be classified as employees is utilized by start-up software development companies to save labor cost. The company harbors itself in the gap in the Labor Code governing employee and independent contractors. In this study, the Constitution, Labor Code of the Philippines, administrative issuances of the Department of Labor and Employment as well as both local and international jurisprudence are examined to determine the legal status of the software developers engaged as independent contractors. The result of the study indicates that the software developers should be classified as employees. The bilateral relationship between the software development company and the software developers is a proof of an employer-employee relationship. The company's exercise of control and the power to hire and fire also supports this conclusion. Lastly, the economic dependence test yields the result that the software developers are financially dependent on a single employer for the continued engagement in this line of work. Therefore, the software developers should be properly classified as employees. |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
|---|
| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
|---|
| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 546 ## - LANGUAGE NOTE |
|---|
| Language note |
English |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
|
| Type of record |
Thesis |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
Charmaine[new] |
| Date encoded |
05/31/2018 |
