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Labor Code Art. 106

Labor-only vs legitimate job contracting

Labor-only contracting is prohibited; legitimate job contracting requires substantial capital/investment and control over the performance of the work.

Labor-only

Contractor lacks substantial capital and the workers perform activities directly related to the principal's business under the principal's control — workers may be deemed employees of the principal.

Legitimate contracting

Contractor carries on an independent business, has substantial capital/tools, and controls the means/methods.

Trilateral relations

Principal, contractor, and workers — liabilities depend on classification under Art. 106 and DO regulations.

Sources

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Labor-only vs legitimate job contracting — FAQ

Who is employer?

If labor-only, principal is treated as employer.

Solidary liability?

Often for unpaid wages under contracting rules — check current DOLE DO.

ocoai?

Research Art. 106 text; Firms contract playbook flags.

Labor-only vs legitimate job contracting | ocoai