Professional Documents
Culture Documents
Head:
Ryan Quan
Labor Standards:
Kukay Malabanan
Labor Relations:
Peewee Estrella
Kate Sabado
Volunteers:
Aren Samonte, Vina Padilla, Ria Campos, Ina Quintanilla, Athena Zosa
TABLE OF CONTENTS
LABOR STANDARDS
I. GENERAL PRINCIPLES..................................................................................................................... 1
A. ARTICLE 3: Declaration of Basic Policies
B. ARTICLE 4: Construction in Favor of Labor
C. ARTICLE 5: Rules and Regulations
D. ARTICLE 6: Applicability of Labor Code
II. EMPLOYER EMPLOYEE RELATIONSHIP ......................................................................... 2
A. Elements of Relationship
B. Independent Contractors and Labor-Only Contractors
C. Special Cases
III. PRE EMPLOYMENT............................................................................................................. 6
A. Principles and Definitions
B. Recruitment and Placement
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Contracts
4.
Dispute Settlements
C. Employment of Aliens
D. Human Resources and Manpower Development
1. Government Machinery
LABOR RELATIONS
I.
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A. Conceptareand
Scope...........................................................................................
35
ii.
iii.
3. Cancellation of Registration
i.
iii.
ii.
Political Right
ii.
iii.
iv.
Right to Information
B. Security of Tenure...................................................................................... 67
1. ARTICLE 279: Security of Tenure
C. Just Causes, Authorized Causes, Constructive Dismissal ................................... 67
1. ARTICLE 282: Just Causes for Termination by Employer
2. ARTICLE 283: Authorized Causes for Termination
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LABOR STANDARDS
I. GENERAL PRINCIPLES
Labor Code principal labor law of the country. But
even now, there are Labor Laws that are not found in
the Labor Code.
Social Legislation the promotion of the welfare of
all the people, the adoption by the government of
measures calculated to insure economic stability of
all the component elements of society thru the
maintenance of proper economic and social
equilibrium in the interrelations of the members of the
community, constitutionally, thru the adoption of
measures legally justifiable, or extra-constitutionally,
thru the exercise of powers underlying the existence
of all governments, on the time honored principle of
salus populi esta suprema lex (Calalang v. Williams,
02 December 1940)
Social Justice humanization of laws and the
equalization of social and economic forces by the
State so that justice in its rational and objective
secular conception may at least be approximated
Labor Standards sets out the minimum terms,
conditions, and benefits of employment that
employers must provide or comply with and to which
employees are entitled as a matter of legal right
Labor Relations defines the status, rights and
duties, as well as the institutional mechanisms that
govern the individual and collective interactions
between
employers,
employees
and
their
representatives
Art. 3. Declaration of basic policy
Afford protection to labor
Promote full employment
Ensure equal work opportunities regardless of
sex, race, or creed
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employers
Assure workers rights to self-organization,
collective bargaining, security of tenure, and just
and humane conditions of work
Seven basic rights of workers guaranteed by the
Constitution:
1. right to organize
2. to conduct collective bargaining or negotiation
with management
Adviser: Atty. Marlon J. Manuel; Head: Ryan Quan; Understudy: Kate Sabado;
Labor Standards: Kukay Malabanan; Labor Relations: Peewee Estrella; Social Legislation: Binkki Hipolito
Labor Only
Contractors
has NO substantial
capital OR investment in
the form of machinery,
tools or equipment
has no independent
business
performs activities
directly related to the
main business of the
principal
Principal treated as direct
employer of the person
recruited in all instances
(contractor is deemed
Page 3 of 83
PROHIBITED
iii.
c.
Page 5 of 83
III. PRE-EMPLOYMENT
A. PRINCIPLES AND DEFINITIONS
JMM Promotion & Management Inc. v. CA, GR No.
120095, 05 August 1996
The POEA Rules are clear. A reading thereof
readily shows that in addition to the cash and surety
bonds and the escrow money, an appeal bond in an
amount equivalent to the monetary award is required
to perfect an appeal from a decision of the POEA.
Obviously, the appeal bond is intended to further
insure the payment of the monetary award in favor of
the employee if it is eventually affirmed on appeal to
the NLRC. Overseas recruiters are subject to more
stringent requirements because of the special risks to
which our workers abroad are subjected by their
foreign employers, against whom there is usually no
direct or effective recourse. The overseas recruiter is
solidarily liable with the foreign employer. The bonds
and the escrow money are intended to insure more
care on the part of the local agent in its choice of the
foreign principal to whom our overseas workers are
to be sent. Every intendment of the law must be
interpreted in favor of the working class, conformably
to the mandate of the Constitution. By sustaining
rather than annulling the appeal bond as a further
protection to the claimant employee, this Court
affirms once again its commitment to the interests of
labor.
PNB v. Cabansag, GR No. 157010, 21 June 2005
Noteworthy is the fact that respondent likewise
applied for and secured an Overseas Employment
Certificate from the POEA through the Philippine
Embassy in Singapore. The Certificate, issued on
March 8, 1999, declared her a bona fide contract
worker for Singapore. Under Philippine law, this
Page 6 of 83
5.
6.
7.
8.
9.
10.
11.
12.
13.
Labor Code
local recruitment and
employment
Illegal Recruitment
(Art. 38):
Any recruitment
activity including
Prohibited Acts
under Art. 34
committed by nonlicensees or nonholders of authority.
Elements:
1. That the offender
has no valid license
or authority required
by law to enable one
to lawfully engage in
recruitment and
placement of
workers; and,
2. That the offender
undertakes either
any activity within
the meaning of
recruitment and
placement defined
under Article 13(b),
or any prohibited
practices
enumerated under
Article 34.
RA 8042 Overseas
Filipinos and Overseas
Migrant Workers Act
applies to recruitment for
overseas employment
Illegal Recruitment (Sec.
6):
Any recruitment activity
committed by nonlicensees / non-holders
of authority; OR
Prohibited Acts (same
as Art. 34 of LC)
committed by any
person, whether a nonlicensee, non-holder,
licensee or holder of
authority.
Added the following in
the list of Prohibited
Acts:
1. fail to actually deploy
without valid reason;
2. fail to
reimburse expenses
incurred by the worker
in connection with
his/her documentation
and processing for
purposes of
deployment, in cases
where the deployment
does not actually take
place without the
workers fault.
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Liability of surety
In a surety bond, the surety unequivocally bound
itself to answer for all liabilities which the POEA
may adjudge or impose against the principal in
connection with the recruitment of Filipino
seamen
Stronghold Insurance Co. v. CA, 205 SCRA 605
(1992)
The surety agreed to answer for whatever
decision might be rendered against the principal,
whether or not the surety was impleaded in the
complaint and had the opportunity to defend itself.
There is nothing in the stipulation calling for a direct
judgment against the surety as a co-defendant in an
action against the principal.
Power to suspend or cancel any license or
authority to recruit employees for overseas
employment is concurrently vested with the
POEA and the Secretary of Labor.
The penalties of suspension and cancellation of
license or authority are prescribed for violations
of the above quoted provisions, among others.
And the Secretary of Labor has the power under
Section 35 of the law to apply these sanctions, as
well as the authority, conferred by Section 36, not
only to 'restrict and regulate the recruitment and
placement activities of all agencies,' but also to
'promulgate rules and regulations to carry out the
objectives and implement the provisions'
governing said activities. Pursuant to this rulemaking power thus granted, the Secretary of
Labor gave the POEA on its own initiative or
upon filing of a complaint or report or upon
request for investigation by any aggrieved
Page 10 of 83
3. Contracts
Freedom to Stipulate
Vir-Jen Shipping v. NLRC, 115 SCRA 347 (1992);
125 SCRA 577 (1983)
The form contracts approved by the National
Seamen Board [now POEA] are designed to protect
Filipino seamen not foreign shipowners who can take
care of themselves. The standard forms embody the
basic minimums which must be incorporated as parts
of the employment contract. They are not collective
bargaining agreements or illimitable contracts which
the parties cannot improve upon or modify in the
course of the agreed period of time.
Policy
It is the policy of the State to provide relevant,
accessible, high quality and efficient technical
education and skills development in support of the
development of high-quality Filipino middle-level
manpower responsive to and in accordance with
Philippine development goals and priorities.
V. WORKING CONDITIONS
Coverage
Book III of the Labor Code provides the conditions or
standards of employment. These standards apply
only if there exists EER.
Excluded Employees
1. Government employees whether employed by
the National Government or any of its political
subdivisions, including those employed in
GOCCs
2. Management employees. If they meet ALL of the
following conditions:
i. Their primary duty consists of the management
of the establishment in which they are
employed or of a department or subdivision
thereof
ii. They customarily and regularly direct the work
of two or more employees therein
iii. They have authority to hire or fire other
employees of lower rank; or there suggestions
and recommendations as to the hiring and
firing and as to the promotion or any other
change of status of other employees are given
particular weight
3. Officers or members of managerial staff if they
perform the following duties and responsibilities
i. Primary duty consists of performance of work
directly related to management policies of
employer
ii. Customarily and regularly exercise discretion
and independent judgment
iii. (a) Regularly and directly assist a proprietor
or a managerial employee; (b) Execute under
general supervision work along specialized
or technical lines requiring special training,
experience or knowledge; (c) execute under
general supervision special assignments and
tasks; and
iv. who do not devote more than 20% of their
hours worked in a workweek to activities
which are not directly and closely related to
the performance of work in i-iii above.
4. domestic servants and persons in the personal
service of another if
i.
they perform such services in the employers
home which are usually necessary or
desirable for the maintenance and enjoyment
thereof, or
ii.
minister
to
the
personal
comfort,
convenience, or safety of the employer as
well as members of the employers
household
Page 13 of 83
compensable
because it is a
normal incident of
employment
Exceptions:
1. where
employee
made to work
on an
emergency
call and travel
is necessary in
proceeding to
the workplace
2. travel is done
through a
conveyance
provided by
the employer
3. travel is done
under the
supervision
and control of
the employer
4. travel is done
under vexing
and
dangerous
circumstances
and counted
as hours
worked
when it cuts
across an
employees
workday
because it
substitutes for
the hours the
employee
should have
been in the
office
Page 15 of 83
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All
establishments and enterprises may operate or open
for business on Sundays and holidays provided that
the employees are given the weekly rest day and the
benefits as provided.
Weekly Rest Day Every employer shall give his
employees a rest period of not less than 24
consecutive hrs. after every 6 consecutive normal
work days.
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Holidays
1. New Years Day
2. Maundy Thursday
3. Good Friday
4. Araw ng Kagitingan
5. Labor Day
6. Independence Day
7. Natl Heroes Day
8. Bonifacio Day
9. Eidul Fitr
10. Christmas Day
11. Rizal Day
Special Days
1. Special Non-Working Days
2. Special Public Holidays
3. Special National Holiday
Jan. 1
Movable Date
Movable Date
April 9
May 1
June 12
Last Sun. of Aug.
Nov. 30
Movable Date
Dec. 25
Dec. 30
Page 18 of 83
Nov. 1
Dec. 31
August 21
st
1 8 hrs.
+ 30% of the
daily rate of 100%
excess of 8 hrs. + 30% of
hourly rate on said
day
c. Falling on employees
rest day
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daily rate of 100%
excess of 8 hrs. + 30% of
hourly rate on said
day
3. SPECIAL WORKING HOLIDAYS only basic rate.
Page 19 of 83
VI. WAGES
A. CONCEPT AND DEFINITION
Agriculture includes farming in all its branches
and, among other things, includes cultivation and
tillage of soil, dairying, the production, cultivation,
Facilities
items of expense
necessary for the
laborers and his familys
existence and
subsistence
Supplements
extra remuneration or
special privileges or
benefits given to or
received by the
employees over and
above their ordinary
earnings or wages.
independent of the wage
not wage deductible
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Standards/Criteria
for
Minimum
Wage
Fixing must be economically feasible to maintain
the minimum standards of living necessary for the
health, efficiency and general well-being of the
employees within the framework of the national
economic and social development program. Factors
to Consider:
Page 23 of 83
Attorneys Fees
1. In case of unlawful withholding of wages, the
culpable party may be assessed attorneys fees
equivalent to ten percent of the amount of wages
recovered.
2. It shall be unlawful for any person to demand or
accept, in any judicial or administrative
proceedings for the recovery of wages, attorneys
Page 25 of 83
Prohibited Acts
It is unlawful for any employer:
1. To discharge any woman employed by him for
the purpose of preventing such woman from
enjoying the maternity leave, facilities and other
benefits provided under the Code
Below 15
Page 27 of 83
15 Below 18
18 years and
above
Hazardous Workplaces
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dangerous
environmental
elements,
contaminants or work conditions
b. Workers are engaged in construction work,
logging, fire-fighting, mining, quarrying, blasting,
stevedoring, dock-work, deep sea fishing, and
mechanized farming
c. Workers are engaged in the manufacture or
handling of explosives and other pyrotechnic
products
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Deductions No employee, contractor, or subcontractor shall make any deduction from the
homeworker's earnings for the value of materials
which have been lost, destroyed, soiled or otherwise
damaged unless the following conditions are met:
1. The homeworker concerned is clearly shown to
be responsible for the loss or damage;
2. The employee is given reasonable opportunity to
show cause why deductions should not be made;
3. The amount of such deduction is fair and
reasonable and shall not exceed the actual loss
or damages; and
4. The deduction is made at such rate that the
amount deducted does not exceed 20% of the
homeworker's earnings in a week.
Liability of employer and contractor Whenever
an employer shall contract with another for the
performance of the employer's work, it shall be the
duty of such employer to provide in such contract that
the employees or homeworkers of the contractor and
the latter's sub-contractor shall be paid in accordance
with the provisions of this Rule. In the event that such
contractor or sub-contractor fails to pay the wages or
earnings of his employees or homeworkers as
specified in this Rule, such employer shall be jointly
and severally liable with the contractor or subcontractor to the workers of the latter, to the extent
that such work is performed under such contract, in
the same manner as if the employees or
homeworkers were directly engaged by the employer.
Prohibitions for Homework
1. explosives, fireworks and articles of like character
2. drugs and poisons
3. other articles, the processing of which requires
exposure to toxic substance
E. HANDICAPPED / DISABLED
Handicapped Workers those whose earning
capacity is impaired by age or physical or mental
deficiency or injury, disease or illness
Handicapped Worker
(Art. 78 LC)
Handicapped Person
(RA 7277 Magna Carta
Page 29 of 83
When Employable
1. their employment is necessary to prevent
curtailment of employment opportunities
2. does not create unfair competition in labor costs
3. does not impair or lower working standards
Handicapped Workers May Become Regular
Employees if their handicap is not such as to
effectively impede the performance of job operations
in the particular occupations for which they were
hired.
Equal Opportunity for Employment no disabled
person shall be denied access to opportunities for
suitable employment. Qualified disabled employees
shall be subject to same terms and conditions of
employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as
a qualified able-bodied person
Employment Agreement; Contents
1. Names and addresses of the employer and the
handicapped worker
2. Rate of pay of the handicapped worker which
shall not be less than 75% of the legal minimum
wage
3. Nature of work to be performed by the
handicapped worker
4. Duration of the employment
NATURE OF
POWER
EXISTENCE
OF EER
HOW
INITIATED
LIMITS AS
TO AMOUNT
OF CLAIM
APPEAL
WHO
EXERCISES
Art. 128
DOLE Sec. OR
his duly
Art. 129
Regional
Director or any
authorized
representative
who may or
may not be a
Regional
Director
Visitorial and
enforcement
power exercised
through routine
inspections of
establishment
Requires
existence of
EER
Enforcement
power is an
offshoot of
visitorial power
No limit
Appeal to Sec.
of Labor within
10 calendar
days
duly authorized
hearing officer
of DOLE
Adjudicatory
power on matter
involving
recovery of
wage
EER not
necessary since
it should not
include a claim
for
reinstatement
Sworn
complaint filed
by interested
party
Aggregate claim
of each
complainant
does not
exceed P5,000
Appeal to NLRC
within 5
calendar days
X. EMPLOYEES COMPENSATION
Workmens Compensation a general and
comprehensive term applied to those laws providing
for compensation for loss resulting from the injury,
Page 31 of 83
EMPLOYEES
COMPENSATION LAW
(ECL)
No presumption of
compensability
No presumption of
aggravation
No need for the
employer to controvert
the claim
Payment of
compensation is made
by the SSS/GSIS
through the State
Insurance Fund. The
employers obligation is
to pay his counter
contribution to the SSS
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