2. Private Employers and Recruitment Agents

Employer (Er)

Under the Social Security Act (RA 11199, Sec. 8(c)), an employer is any person, natural or juridical, domestic, or foreign, who carries on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person, who is under his orders as regards the employment, except the Government and any of its political subdivisions, branches or instrumentalities, including GOCCs.

For Labor Code purposes, GOCCs with original charters must be distinguished from GOCCs without original charters; the latter are generally governed by the Labor Code. (1987 Constitution, Art. IX-B, Sec. 2(1))

The Er may be a natural or juridical person. It may be a single proprietor, a partnership or a corporation.

Er includes any person acting in the interest of an Er, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as Er. (Art. 219(e) [212(e)], LC)