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Final exams Labor standards 1.

. Ingress & Egress Rule In the absence of special circumstances, an employee injured going to or coming from work is excluded from the benefits of compensation. 2. Exceptions to the Ingress & Egress / Proximity Rule a. Employee is proceeding to or from his work on the premises of his employer; b. Employee is about to enter or leave his employer by way of the customary manner of ingress or egress; c. Employee was charged while on his way to or from the place of employment or at his home or during his employment; and d. Employer as an incident of employment provides a means of transportation. 3. Definition of Sickness In order for an employee to be entitled to sickness or death benefits: a. Any illness must be accepted as an occupational disease listed by the commission in Annex A; and b. Any illness caused by the employment is subject to the proof that the risk of contracting the same was increased by the working conditions. 4. Dept Order 18-02 Sec 6 - May regular jobs be contracted out? a. The following are declared prohibited from being contrary to law or public policy: Contracting out of a job, work, or service when not done in good faith and not justified by the exigencies of the business and the same results to the termination of regular employees and reduction of work hours or reduction or splitting of bargaining unit. 5. Wenphil Doctrine dismissal for a valid reason is legal and valid but the employer who does not observe procedural due process (notice and hearing) must pay some indemnity. (an indemnity of P1k was awarded) 6. Serrano Ruling (Modified Wenphil) Raised the sanction on the employer form indemnity to full back wages to penalize violation of due process. 7. Agabon Doctrine (Agabon vs NLRC) Termination is valid. The employee remains dismissed but the employer must pay indemnity heavier that that imposed on Wenphil but lighter than full back wages. 8. Jaka Case (Revises Agabon) Agabon holds that a dismissal attended by a valid cause either under Arts 282, 283, 284 is legal and valid, but as penalty for not observing due process, employer must pay indemnity. a. Dismissal based on just cause but employer failed to comply with procedural requirement. Sanction imposed should be tempered because dismissal was in effect initiated by an act imputable to the employee. b. Dismissal is based on authorized causes but the employer failed comply with the notice requirement sanction must be stiffer because dismissal was initiated by management prerogative. 9. Jaka Case refined by Industrial Timber Industrial Timber subdivides authorized causes into:

a. Due to losses b. Not due to losses penalty to disregard due process may be lighter if the authorized cause has no relation to losses. 10. Procedures for Reinstatement (if REVERSED by the NLRC CA SC)
Reinstatement Actual Payroll Genuinio Case EE dismissed No BW paid from LA' decision EE to reimburse salaries paid (principle of unjust enrichment) BW no longer reimbursed No BW paid Garcia vs PAL (reversed enbanc the Genuinio Case) EE dismissed No BW paid from LA' decision EE need not reimburse EE may have to reimburse BW BW paid (measure of social justice outweighs principle of unjust enrichment of the CC) Exception: Delay not due to the fault of the ER a. Actual delay b. Not due unjustified act of the ER

No reinstatement pending appeal

11. Rivera Case Facts: Retirement date: Receipt of retirement benefit: Written demand: Denial of claim: Filed complaint with NLRC: Prescription of action:

31 Dec 1992 15 Jan 1993 07 Jan 1995 26 Feb 1996 09 Aug 1996 05 Mar 1997

Issue: W/N filing of action with NLRC will prosper? Held: YES since it was filed within the prescriptive period, which started running from the time of denial of claim up to the lapse of 1 year and 8 days. Legal bases: Art 1150 the time for prescription for all kinds of action when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. Art 1155 running of prescriptive period interrupted by (1) filing of the case; (2) written demand; and (3) written acknowledgement.