"x x x.
HELD: Yes. Fulo was a regular employee and was thus entitled to receive SSS benefits, among others. The Supreme Court agreed with the Court of Appeals in ruling that it “does not follow that a person who does not observe normal hours of work cannot be deemed an employee.” It is also not material that Gapayao never supervised Fulo.
In this case, the number of hours worked is not material. Gapayao is considered a pakyaw worker. Pakyaw workers are considered regular employees for as long as their employers have control over them. The power of the employer to control the work of the employee is considered the most significant determinant of the existence of an employer-employee relationship. This is the so-called control test and is premised on whether the person for whom the services are performed reserves the right to control both the end achieved and the manner and means used to achieve that end.” It should be remembered that the control test merely calls for the existence of the right to control, and not necessarily the exercise thereof. It is not essential that the employer actually supervises the performance of duties by the employee. It is enough that the former has a right to wield the power.
x x x."
