Picop Resources vs Social Security Commission [G.R. No. 206936] Case Digest

 

Picop Resources vs Social Security Commission

G.R. No. 206936

G-one T. Paisones

 

 

Facts:

Mateo A. Belizar filed a case before SSS to compel Picop Resources to remit unpaid Social Security System (SSS) premium contributions, in order that he may collect his SSS retirement benefits.

SSC held that Belizar was continuously employed as a preventive maintenance mechanic by respondent Bislig Bay Lumber Co./Picop from 1966 to 1978 which is based by oral evidence by the witnesses. Petitioner answered that Belizar worked only in their company up to June 15, 1968 only. Picop also argue that Belizar was merely employed as a "casual Mechanic Helper" hence exempt from SSS coverage.

 

Issue:

Whether or not Belizar as "casual Mechanic Helper" exempt from SSS coverage.

 

Held:

No.

 

Ratio:

It is paramount to clarify that not all casual employment are exempt from SS coverage. Section 8 (j) 3 of R.A. No. 1161, as amended, only exempts from SS coverage employment which is purely casual in nature and not for the purpose of the occupation or business of the employer. It is also settled that the determination of whether employment is casual or regular does not depend on the will or word of the employer, and the procedure of hiring but the nature of the activities performed by the employee, and to some extent, the length of performance and its continued existence. And the primary standard of determining regular employment is the reasonable connection between the particular activities performed by the employee in relation to the usual trade or business of the employer. The test is whether the former is usually necessary or desirable in the usual business or trade of the employer.