Nutraceutical Products Manufacturers, Parental Products Manufacturers in India
Tongko vs Manufacturers Life
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Labor Standard Reviewer Art. Case Title Fast Facts Ruling/Ratio A- 10 82- 90 Tongko vs. Manufacturer’s Life (2008) Tongko and Manulife President De Dios had disagreement as to the direction of the company. On the basis of low performance and invoking the company’s prerogative, his services were terminated. Tongko filed for illegal dismissal. Employing the Control Test: (1) In a letter, Manulife gave Tongko direct orders in how he conducts business, e.g. hiring of an assistant; (2) Codes of Conduct evince control; (3) Agreement evince control, i.e. regulations/requirements, quota There is Er-Ee relationship. A- 11 82- 90 Tongko vs. Manufacturer’s Life (2010) There are two phases of Tongko’s career in Manulife: Phase 1, as an insurance agent and Phase 2, as a manager. Distinction between 2 controls, i.e, Labor Law / Operative Control vs. Built-in Control / Directive Control Guide line s indicative of labor law “control,” as the first Insular Life case tells us, should not merely relate to the mutually desirable result intended by the contractual relationship; they must have the nature of dictating the means or methods to be employed in attaining the result, or of fixing the methodology and of binding or restricting the party hire d to the use of these means. No Er-Ee relationship, only principal-agent relationship.
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Tongko vs Manufacturers Life Digest
Transcript of Tongko vs Manufacturers Life
Labor Standard Reviewer
Art. Case Title Fast Facts Ruling/Ratio
A-10
82-90 Tongko vs. Manufacturer’s Life (2008)
Tongko and Manulife President De Dios had disagreement as to the direction of the company.
On the basis of low performance and invoking the company’s prerogative, his services were terminated.
Tongko filed for illegal dismissal.
Employing the Control Test: (1) In a letter, Manulife gave Tongko direct orders in how he conducts business, e.g. hiring of an assistant; (2) Codes of Conduct evince control; (3) Agreement evince control, i.e. regulations/requirements, quota
There is Er-Ee relationship.A-11
82-90 Tongko vs. Manufacturer’s Life (2010)
There are two phases of Tongko’s career in Manulife: Phase 1, as an insurance agent and Phase 2, as a manager.
Distinction between 2 controls, i.e, Labor Law / Operative Control vs. Built-in Control / Directive Control
Guide line s indicative of labor law “control,” as the first Insular Life case tells us, should not merely relate to the mutually desirable result intended by the contractual relationship; they must have the nature of dictating the means or methods to be employed in attaining the result, or of fixing the methodology and of binding or restricting the party hire d to the use of these means.
No Er-Ee relationship, only principal-agent relationship.
