Sample motion for reconsideration after demurrer

Law provides its cognitive significance, whereas evidence gives its out-there representation. Employer-employee relationship is a question of both law and fact.

(b) Is the Medical DirectorвЂ™s reliance on the contracts signed by A, B, and C to refute the existence of an employer-employee relationship correct? If not, are A, B, and C employees of MM Medical Center, Inc.? Explain. Labor law concept of control is control over means and methods of performance. Under the Control Test, the person who exercises labor law concept of control, actual or reserved, is the employer of the person over whom he exercises it.

(a) What is the control test in determining the existence of an employer-employee? As such, no-employer-employee relationship exists between them and the hospital. In response, the Medical Director told them that they are not entitled to any because they are mere вЂњindependent contractorsвЂќ as expressly stipulated in the contracts which they admittedly signed. One day, A, B, and C approached the Medical Director and inquired about the non-payment of their employment benefits. The hospital also monitored their work through supervisors who gave them specific instructions on how they should perform their respective tasks, including diagnosis, treatment, and management of their patients. In the course of their engagement, A, B, and C maintained specific work schedules as determined by the Medical Director. ДЄ, B, and C were hired as resident-doctors by MM Medical Center, Inc. Hence, XвЂ™s wife will be his primary beneficiary until she remarries provided, she was living with him at the time of his death. In view of the marriage of X to his girlfriend, M is deemed restored to her secondary beneficiary status. (b) Assuming that X got married to his girlfriend a few days before his death, is M entitled to claim death benefits from the SSS? Explain.

Being the mother of X, who was single and without issue, she is elevated to the status of sole beneficiary. (a) Is M entitled to claim death benefits from the SSS? Explain. His mother, M, who had previously been receiving regular support from X, filed a claim for the latterвЂ™s death benefits. Prior to the semester of his death, X had paid 36 monthly contributions. In 2015, he died without any spouse or children. X is a member of the Social Security System (SSS). It is a mandatory provision of a CBA, without which it cannot be registered.

ДЄ grievance machinery is a contractual dispute resolution mechanism for all grievable disputes. It is valid if it serves a legitimate business purpose, it is work-related, and its possession enhances an employeeвЂ™s productivity at work. (d) Bona fide occupational qualificationsДЄ bona fide occupational qualification (BFOQ) is an occupational requirement based on quality or attribute. Strikes are carried out through temporary stoppage of work whereas, lockouts are carried out through temporary withholding of work. 298-299, LC.ДЄ seasonal employee is one engaged for the duration of the season for which he has been engaged whereas, a project employee is on whose employment is co-terminus with the specific project or undertaking for which he has been engaged provided, its scope or duration was made known to him upon engagement. 297, LC whereas an authorized cause is a non-fault ground for dismissal under Art. Suggested answer: A just cause is a fault-based ground for dismissal under Art. Define, explain or distinguish the following terms:

Sample motion for reconsideration after demurrer