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Cosmopolitan Funeral Homes, Inc. Vs. Noli Maalat, Et Al.

COSMOPOLITAN FUNERAL HOMES, INC., petitioner, vs. NOLI MAALAT and NATIONAL LABOR RELATIONS COMMISSION, respondents.

G.R. No. 86693 | 1990-07-02

D E C I S I O N


GUTIERREZ, JR., J.:

The nature of the work of a "funeraria" supervisor, whether employee or commission agent, is the issue raised in this petition.

Sometime in 1962, petitioner Cosmopolitan Funeral Homes, Inc. engaged the services of private respondent Noli Maalat as "supervisor" to handle the solicitation of mortuary arrangements, sales and collections. The funeral services which he sold refer to the taking of the corpse, embalming, casketing, viewing and delivery. The private respondent was paid on a commission basis of 3.5% of the amounts actually collected and remitted.

On January 15, 1987, respondent Maalat was...