LABOR LAWS practice if he has not obtained any other substantially equivalent and

regular employment.
SECTION 3. Art. XIII the State shall afford full protection to labor, local
and overseas, organized and unorganized, and promote full Art. 212 (e)"Employer" includes any person acting in the interest of an
employment and equality of employment opportunities for all. employer, directly or indirectly.

It shall guarantee the rights of all workers to self-organization, collective xxx

bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with law. They shall be entitled to Management Prerogatives: bundles of rights –without govt. intervention
security of tenure, humane conditions of work, and a living wage. They in running the business under the observance of good faith, equity and
shall also participate in policy and decision-making processes affecting fair play.
their rights and benefits as may be provided by law.
1. Power to lay down and execute policies
xxx 2. Power to hire (non-discriminatory)
3. Close-shop agreement/yellow-dog contract
Labor relations - refers to that part of labor law which regulates the 4. Transfer – business necessity rule/ non-diminution/ grave
relations between employers and workers. abused of discretion.
5. (Refusal-insubordination –just cause for termination)
Labor standards - refers to that part of labor law which prescribes the 6. (Constructive dismissal)
minimum terms and conditions of employment which the employer is 7. Return to work order - DOLE - strike.
required to grant to its employees. 8. Granting benefits- equal work equal pay- (philex v philex
bulawan supervisory union 2005)
Social legislation – labor statutes that provide protection not only to the 9. Promotion – Dosh vs. NLRC (union recommendation)
worker but also to his family brought about by contingencies. 10. Power to discipline- preventive suspension (30days) -
threat to life /property.
xxx 11. Contracting out work- (bus-related/services performed by
union members-interfere with union formation.)
Social justice – or any justice for that matter – is for the deserving, 12. Closure – not for union busting- no severance benefits due to
whether he be a millionaire in his mansion or a pauper in his hovel. It is losses.
true that, in case of reasonable doubt, we are called upon to tilt the 13. Power to suspend business operation-max 6 months.
balance in favour of the poor, to whom the Constitution fittingly extends
its sympathy and compassion. But never is it justified to prefer the poor xxx
simply because they are poor, or to reject the rich simply because they
are rich, for justice must always be served, for poor and rich alike, LABOR STANDARD LAWs on working conditions and rest periods.
according to the mandate of the law. (Justice Isagani Cruz) (Title I)

xxx Coverage – art 82 all employees in the private establishments whether

for profit or not/ agricultural or non-agricultural.
Full protection – by means of police power of the state –translated in
the rule making/ in the enforcement of the law. Employees not covered: labor laws on work hours

Police power- legislature enacts a law that interferes with the personal Government employees/managerial staff/domestic servants-persons in
liberty and property to promote General welfare. (Pasai v drilon – 163 the personal service of another/ workers paid by result/ non-agricultural
scra 386) field personnel/ family members of the employer

xxx xxx

Article 6. Applicability. All rights and benefits granted to workers under Hours’ work – all the time required to be on duty or to be in the prescribed
this Code shall, except as may otherwise be provided herein, apply alike work place even on call (engaged to wait) / all the time he suffered or
to all workers, whether agricultural or non-agricultural. (Profit-non-profit permitted to work (engaged to work).
institution)
Situation considered as hours worked:
Not covered: 1. Shortened meal period (20 min.) OT/stand-bye
a. Government agencies 2. On call
b. GOCC with original charter 3. Engaged to wait
c. Employees of international organization and specialized 4. Brown-outs
agencies,
Lunch 1 hr. non-compensable
Xxx
Can go out – not abandonment of job
Jurisdiction
xxx
Labor laws and labor courts shall have jurisdiction if there is an
employer-employee relationship. Daily remuneration components

Test of e-e relationship: (SPaDiC) Minimum wage = basic wage + COLA (cost of living allowance)
a. Selection and hiring test
b. Payment of wages test xxx
c. Dismissal test
d. Control test Over-time work and overtime pay: In excess of 8 hours’ work – OT work

Labor Laws and Labor Courts has no jurisdiction, if the issue is purely OT pay is hour rate x 1.25% BASIC RATE – COLA NOT INCLUDED
ecclesiastical prerogative (Separation of church and state & Free
exercise of religion) Rest day and holidays – 1.30% of hourly rate (based on holiday basic
rate) before COLA
xxx
Offsetting OT with UT is not allowed.
Art. 212 (f)"Employee" includes any person in the employ of an
employer. Art. 89 – Employee may be required to render OT

It shall include any individual whose work has ceased as a result of or in *Health workers – 40 hours a week (5x8hrs) / if worked 6th day
connection with any current labor dispute or because of any unfair labor considered OT on a rest day + 30%
*compressed work week in relation to OT 12 hrs. / Day / 48 hrs. Week Every employee who has rendered at least one year of service
(continues or broken) shall be entitled to a yearly service incentive leave
xxx of five days with pay. (House bill 6770 10 days)

Night shift differential – 10% of basic wage (COLA NOT INCLUDED) 1 yr. serve/ less than 10/ VL>5
covering 10pm-6am work
xxx
Not applicable retail/ service establishment employing not more than 5
employees. 1. Maternity leave SSS – private sector (regardless of
frequency)
RESTDAY: 24 consecutive hours every 6 consecutive workings days.
(CANNOT COMPEL TO WORK ON A REST DAY BUT NOT IF ART 94 Married /Unmarried - 60-78 (RA 11210 105days regardless mode of
(A) PRESENT: Art. 94. Right to holiday pay. Every worker shall be paid delivery)
his regular daily wage during regular holidays, except in retail and
service establishments regularly employing less than ten (10) workers;) If Solo parent + 15 days paid leave

Work on rest day + 30% (basic wage+30%) +cola Can be extended 30 days w/o pay (45 days’ notice prior to the end of
the total leave w/ pay)
Rest day and special-non WH = +50%
=abortion/miscarriage= 60days only
Basis of Over Time COLA not included
SSS member
xxx
Employed at the time of D-A-M
Special holiday – no work-no pay / if work = +30% (basic pay x130%
+cola = minimum wage Notify the SSS

Regular Holiday- no work with pay Paid at least 3 months SSS contributions within the twelve-month period
immediately before the date of contingency,
• Employing less 10 retail and service establishment no work
no pay during regular holidays 2. Paternity leave – 7 under RA 8187 days under RA 11210
(105 maternity leave the wife may transfer 7 days of that to
• If worked 100% only No double pay—logic. the husband total 14 paternal leave) or can be transfer to 4th
degree relative in the absence of the father.
xxx
Employee at the time of the delivery
RULES ON REGULAR HOLIDAYS
Cohabiting with the legal wife
Double pay if work +100% DW (basic pay = DAILY RATE x 200% +
COLA) Applied for paternity leave w employer

With pay if not work but must be on official leave with pay or had worked Wife had D-M-A
on the day preceding the day of the regular holiday - if not no holiday
pay. *First four deliveries

Remedy – work on that regular holiday *availed within 60days from date of DMA

Even absent or leave without pay the day preceding the said regular *not availed not convertible to cash
holiday.
* Minimum wage rate
xxx
3. Solo parent leave (RA 8972)
If the day prior to Reg. Holiday is the employee’s rest day/ or a Sunday/
or a non-working holiday - same rules –must be present the day 7 days – per annum
preceding the rest day or SNWH or on leave with pay.
*I yr. of service
WORKING ON A REGULAR HOLIDAY FALLING ON YOUR RESTDAY
OR SNWH *non-accumulative/non-convertible/unless stipulated

DAILY RATE X 260% + COLA = result basis for OT before cola + 30% *notify employer-reasonable time

xxx *present Solo parent ID

WORKED ON ARAW NG KAGITINGAN FALLING ON A REGULAR * Based on minimum wage

HOLIDAY,
xxx
100% FOR THE WORK RENDERED+ 100% ARAW NG KAGITINGAN
+ 1OO% FOR THE HOLY THURSDAY = 300% COLA NOT INCLUDED Solo parent:

Service charges: (SC) 1. Rape – birth

2. Death
85% worker share 3. Physical-mental incapacity
4. Legal separation / also de facto
15%employer share (RA 11360 =100% worker) 5. Nullity or annulment of marriage
6. Abandonment of spouse for at least 1 year
If abolished – must be integrated in their wages, based on monthly 7. Foster parent DSWD – legal guardian-court appointed
average for the past 12 months. 8. Head of the family-abandonment-absence-disappearance n-1

xxx xxx

Kinds of Leaves: 4. RA 9262 - Victim Leave (private sector)

SIL - Art. 95. Right to service incentive leave. 10 days full daily wage (minimum wage) =basic + COLA)
For medical and legal concerns Deduction except- Govt. deduction/ Authorized by law

*non-convertible to cash / non accumulative –insurance premium/union check offs/ union dues/facilities/ court
judgements for support/
Xxx
No- set offs on wages
Wage" paid to any employee shall mean the remuneration or earnings,
however designated, capable of being expressed in terms of money, xxx
whether fixed or ascertained on a time, task, piece, or commission basis,
or other method of calculating the same, which is payable by an Art. 110. Worker preference in case of bankruptcy. In the event of
employer to an employee under a written or unwritten contract of bankruptcy or liquidation of an employer’s business, his workers shall
employment for work done or to be done, or for services rendered or to enjoy first preference as regards their wages and other monetary claims,
be rendered any provisions of law to the contrary notwithstanding. Such unpaid
wages and monetary claims shall be paid in full before claims of the
and includes the fair and reasonable value, as determined by the government and other creditors may be paid. (As amended by Section
Secretary of Labor and Employment, of board, lodging, or other facilities 1, Republic Act No. 6715, March 21, 1989)
customarily furnished by the employer to the employee. "Fair and
reasonable value" shall not include any profit to the employer, or to any xxx
person affiliated with the employer.
Wage distortion As used herein, a wage distortion shall mean a situation
ART. 288 OTHER SIMILAR COERCION –ARESTO MAYOR where an increase in prescribed wage rates results in the elimination or
severe contraction of intentional quantitative differences in wage or
xxx salary rates between and among employee groups in an establishment
as to effectively obliterate the distinctions embodied in such wage
Wages – manual labor – skilled or non-skilled structure based on skills, length of service, or other logical bases of
differentiation.
Salaries – white collar job
xxx
Distinction important in relation to attachment or garnishment,
Elements:
Wage not subject to garnishment or attachment
1. Hierarchy of position with corresponding wage rate.
Salaries - yes 2. Mandatory change in the lowest class
3. Elimination of distinctions
Wages of a deceased employee – no need for settlement of estate- 4. Same region
employer-pay- execute affidavit of heirs – conflict claim – commission
can decide – based on evidence presented – employer – if there is Remedy:
conflict claim – remedy (action for interpleader)
Organized Grievance procedure- VA
xxx
Unorganized – talk- NCMB-NLRC
Composition of wages = cash / or cash + facilities = articles that benefits
the worker, translated in a fair value and deducted to the total wage/ with xxx
written consent of the worker.
Contracting – arrangement whereby a principal agrees to farm out with
*Facilities=customarily given + written consent + fair and reasonable a contractor or subcontractor the performance of a specific job, work
value service within a definite period regardless of whether such job, work or
service is to be performed or completed within or outside the premises
Supplements- extra benefits above ordinary wages. of the principle.

xxx GR- will not farm our works which is UN

Wages- mandatory – despite employer’s incapacity to pay, Exception – to secure the security of tenure of the regular employees,

Exception to minimum wage – RA 9178 BMBE – exempt from minimum xxx

but not from SSS etc.
Job Contracting – allowed by law =
Learners/ apprentices and handicapped – 75%
*independent business
RA 7277 – MCDP 100%
*contracts work – own means and method,
Magna Carta on disabled Persons
*free from control and direction of the principal.(except –output)
xxx
*substantial capital and tools = paid up capital corp. 5M / sole prop. 5M
Forms of payment – legal tender
*Must be duly registered with the DOLE as Job Contractor,
Time – twice a month interval of not exceeding 16 days
Labor only contracting – unlawful
Place – near the place of work
Person supply workers / no substantial capital- tools-premises/ work-
Direct payment – to the worker only – other persons with letter of mainline
authorization
xxx
xxx
Rights of contractual workers
Prohibition on wages
*same as regular workers under the LC except:-tenure is limited – no
*interferences in disposal separation pay-

*withholding and kickbacks Job contracting - salary solidary P/JC

*deductions Labor only – the principal is actually the direct employer

xxx xxx

13th month pay and bonus "Recruitment and placement" refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and
All rank and file employees entitled to 13th month (provided work at least includes referrals, contract services, promising or advertising for
1 month during the calendar yr. (pro-rata) basic wage only (COLA NOT employment, locally or abroad, whether for profit or not: Provided, That
included) any person or entity which, in any manner, offers or promises for a fee,
employment to two or more persons shall be deemed engaged in
Employees not covered – house helper/ person in the personal service recruitment and placement.
of another/ purely commission/ boundary/ task base/ specific work/
xxx
(piece work with 13th month pay but not entitled to OT/ Holiday
pay/premium pay/ SIL) paid not based on time but on result. Republic Act No. 10022, otherwise known as the Migrant Workers Act”

xxx defines illegal recruitment as any act of canvassing, enlisting,

contracting, transporting, utilizing, hiring, or procuring workers and
Bonus- gratuitous – dependent on the employer’s capacity to give – includes referring, contract services, promising or advertising for
performance based. employment abroad, whether for profit or not, when undertaken by non-
licensee or non-holder of authority. It shall likewise include the following
Becomes a demandable right if legal obligation under CBA / under acts, whether committed by any person, whether a non-licensee, non-
contract of employment / or becomes a tradition for a long time and has holder, licensee or holder of authority: - (re: = listing) A-N
ripen into a demandable right.
1. Charging more –than the scheduled fees by dole
xxx 2. Advertising false information
3. False representation- job order / falsification to get license or
Sexual harassment Under RA 7877 authority
4. Induce deployed/employed worker (pirate)
It is a form of misconduct involving an act or a series of unwanted, 5. Offering job which are classified as violative to public interest and
unsolicited or uninvited acts of demanding, requesting or requiring any morals.
SEXUAL FAVOR from another person or any other individual who 6. Non-compliance from reportorial requirements of dole.
exercise AUTHORITY, influence or moral ascendancy OVER 7. Alteration or replacing contracts without dole permission.
ANOTHER PERSON OR INDIVIDUAL. 8. Officers-owner of a recruitment agency at the same time officer or
owner of a travel agency.
RA 11313 “Safe street and Public Act” (expansion of RA 7877 9. Withholding documents for money.
10. Failure to deploy
xxx 11. Failure to refund – violation of contract
12. Owner-non Filipino
Sexual harassment in the workplace.,
xxx
1. As a condition for hiring-reemployment or continued employment.
2. Granting – favourable conditions of employment.
Illegal recruitment:
3. Refusal- (sexual favour) resulting to unfavourable work condition.
(Impair employee’s rights privileges under existing labor laws.) Liability – illegal recruitment& Estafa (RPC)

4. Act will result to intimidating, hostile or offensive work environment. How committed:

Sec. 3 RA 7877 consummated even rejected. 1. The offender is a NON-LICENSE OR NON HOLDER OF
AUTHORITY engages in the recruitment and placement
xxx activities under the definition.

Employable age
2. That the offender undertakes any of the recruitment activities
enumerated in ART 34 of the LC / RA 10022 (even with or
1. Age of majority
without license or authority)
2. Below 18 but not below 15 = non-hazardous undertakings
3. Below 15: Family business – as long as will not affect his
Simple illegal recruitment – 1 person or more
health, development and morals/ guaranteed provision for
primary and secondary education. QUALIFIED ILLEGAL RECRUITMENT –
4. Child connected with public entertainment: Contract entered
by the employer-parents/guardian/expressed agreement of Economic sabotage:
the child concerned and approval of the DOLE
3 or more victims LARGE SCALE
RA 7610 LC 139
3 or more persons committing - syndicated
xxx
• Local and foreign principals are liable solidarily (jointly and
Employment of alien – needs employment permit with the DOLE severally) - violation of OFW contract – full protection of labor
/ assurance of payment or refund and protection due to him.
Alien is a non-resident alien
• (Omar sevillana v. IT corp. GR 9907/ 2001)
Can work here provided:
• Severance of relationship between the local agent and the
1. DOLE permit foreign principal does not affect the liability of the local
2. No person in the ph. Competent and willing to do the job recruiter.
3. Publication
4. Preferred area of invested – govt. recommendation xxx
Jurisdiction:
Exemptions:
Pre-employment of recruitment violation – POEA – and appealable to
1. Diplomats SOL
2. National representatives
3. Missionaries doing missionary works Money claims or post-employment violations – LA appealable to NLRC
4. Aliens exempt by special laws (RA 8042)