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1.

Matters which fall under the term Labor Law:


1. Statutes passed by the state to promote the welfare of workers and
employees and regulate their relations with their employers.
2. Judicial decisions applying and interpreting the aforesaid statutes.
3. Rules and regulations issued by administrative agencies within their
legal competence, to implement labor statutes.
2. Labor Statutes may be classified as:
1. Labor standard laws those that provide for the pay and other
legal benefits to which the worker, while at work, is entitled to receive
from his employer.
Ex. Minimum rates of pay
2. Welfare legislation those that require payment of benefits of
government agencies to the worker or his family when and while he
cannot work, by reason of sickness , dis ability, old age, death and
similar hazards . Ex. SSS Law
3. Labor relations laws those intended to stabilize the relations of
employees and their employers, adjust differences between them thru
collective bargaining, and settle labor disputes through reconciliation,
mediation and arbitration. Ex. Book V, LC
3. Social Legislation are Laws passed by the State to promote public welfare.
Even when there is no employer-employee relations hip. Ex. Agrarian reform
laws
4. An employer one for whom employees work in consideration of wages or
salaries. Natural or Juridical person.
5. An employee one who works for an employer; a person working for salary
or wages; any person in the service of another under a contract for hire,
express or implied, oral or written. Always a natural person.
6. Employee-Employer Relationship is:
- Contractual in character; by agreement
- Impressed with public interest; labor contracts yield to the common good.
- Subject to special laws on labor unions , collective bargaining, strikes
and lockouts, closed shop, wages and working conditions, hours of labor and
similar subjects .
- Parties enjoined not to act oppressively against each other or impair the
interest or convenience of the public.
- In personam, involves the rendition of personal service of employee;
partakes of master and servant relationship.

7. The elements of employer-employee relationship are:


1. The selection and engagement of the employee
2. The payment of wages
3. The power of dis missal
4. The employers power to control the employee with respect to the means
and methods by which the work is to be accomplished (Control Test)
8. The most important index of existence of employer-employee
relationship is the control test.
9. The control which will establish employer-employee relationship is with
respect to the means and methods by which the work is to be accomplished.
10. There is no specific evidence needed to prove the existence of employeremployee relationship.Any competent and relevant evidence to prove the
relationship may be admitted.
11. Yes. The State may regulate the relations between employer and
employee. The legal basis may be found in Section III, Article XIII of the 1987
Constitution. However this does not include the workers right to participate
in the management of the enterprise; this is employers prerogative.
12. Because labor, by reason of its economic dependence upon capital, is
deemed the weaker of the two and needs the protection of the State.
13. No. Employers are also a component of society which must be respected.
14. The Labor Code was written in 1968 under the leadership of Mr. Blas
Ople. It aims to consolidate the scattered labor laws and reorient these laws
to the needs of economic development and justice
15. It is called as the Labor Code because it is the charter of human rights
and bill of obligations.
16. The Labor Code took effect on November 1, 1974 after the lapse of 6month transition period.
17. The Labor Code is divided into seven books:
Book
Book
Book
Book
Book

I 12 to 42, Pre-employment
II 43 to 81, Human resources Development Program
III 82 to 155, Conditions of Employment
IV 156 to 210, Health, Safety and Social Welfare Benefits
V 211 to 277, Labor Relations

Book VI 278 to 287, Post Employment


Book VII 288 to 302, Penal Provisions, Prescriptions, Transitory and
Final
Provisions
18. The State shall afford protection to labor, promote full employment,
ensure equal work
opportunities regardless of sex, race or creed and regulate the relations
between workers and
employers. The State shall assure the rights of workers to selforganization, collective bargaining, security of tenure, and just and
humane conditions of work.
19. Yes. Article 4 of the Labor Code provides that all doubts in the
implementation and interpretation of the Code shall be resolved in favor of
Labor.
20. Yes. Under Article 6, all workers whether agricultural or non-agricultural
are entitle to rights and benefits under the Labor Code.
21. The general rule is government employees are governed by the Civil
Service Rules and not by the Labor Code with the exception of those
employed by GOCCs with charters created under the Corporation Code.
22. Recruitment and placement" refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided, That
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
recruitment and placement.
23. Only individuals or entities who have been issued the appropriate
authority or license can engage in or undertake recruitment and
placement.
24. Because it will be illegal if one is to operate in recruitment or
replacement without license.
25. Authority document issued by the Secretary of DOLE authorizing a
persons or as s ociation to engage in recruitment and placement activities as
a private recruitment entity.
License document issued to a person or entity to operate a private
employment agency.

26. Contract worker- An employee who works under contract for an


employer. A contract employee is hired for a specific job at a specific rate of
pay. A contract employee does not become a regular addition to the staff and
is not considered a permanent employee.
Name hire- refers to a worker who is able to secure an overseas employment
opportunity without the assistance or participation of a recruitment agency.
Manning agency- any person, partnership or corporation who recruits and
deploys seafarers for maritime employment.
Placement Fee amount charged by a private employment agency from a
worker for its recruitment and placement services , as prescribed by the
Secretary.
- Shall not be charged until the employee has obtained employment through
the latters efforts or has actually commenced employment. (Art32)
Service Fee amount charged by a licensee from its foreign principal as
payment for actual services rendered in relation to the recruitment and
employment of workers .
Overseas Employment employment of a Filipino worker outside the
Philippines , covered by a valid contract.
Valid Employment Contract individual written agreement between the
principal/employer and the worker based on the master employment
contract as approved by the POEA.
Principal refers to a foreign person, partnership or corporation engaging
and employing Filipino seafarers through a licensed manning agency.
27. Under Article 18 of the Labor Code, No employer may be hire a Filipino
worker for overseas employment except through the Boards or entities
authorized by the Secretary of Labor. Direct hiring
by members of the diplomatic organizations, international organizations and
such other employers as may be allowed by the Secretary of Labor is
exempted from this provision.
28. The Philippine Overseas Employment Administration
29. OFWs found to have been illegally dismissed are entitled to the
unexpired portion of their employment contracts.
30. The agency which recruited or deployed the overseas workers
31. The Overseas Workers Welfare Administration.

32. Yes. Only Filipino citizens or corporations, partnerships or entities at least


75% of the authorized and voting capital stock of which is owned and
controlled by Filipino citizens.
33. Article 34 of the Labor Code provides the prohibited practices:
a. To charge or accept, directly or indirectly, any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Labor, or to make a worker pay any amount greater than that actually
received by him as a loan or advance;
b. To furnish or publish any false notice or information or document in
relation to recruitment or employment;
c. To give any false notice, testimony, information or document or commit
any act of misrepresentation for the purpose of securing a license or
authority under this Code.
d. To induce or attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is designed
to liberate the worker from oppressive terms and conditions of employment;
e. To influence or to attempt to influence any person or entity not to employ
any worker who has not applied for employment through his agency;
f. To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor or
by his duly authorized representatives;
h. To fail to file reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures
and such other matters or information as may be required by the Secretary
of Labor.
i. To substitute or alter employment contracts approved and verified by the
Department of Labor from the time of actual signing thereof by the parties
up to and including the periods of expiration of the same without the
approval of the Secretary of Labor;
j. To become an officer or member of the Board of any corporation engaged
in travel agency or to be engaged directly or indirectly in the management of
a travel agency; and
k. To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under this Code and its implementing rules and regulations.
34. When it is committed by a syndicate or in a large scale.
35. (1) Offender non -licensee or non -holder of authority to lawfully engage
in the recruitment and placement of workers; and
(2)Offender undertakes any recruitment activity defined in Art 13b of LC.

MAE DIANE M. AZORES