Slide 1:

PD 442, as amended
Labor: concept
3 fields of labor law
4 systems of labor

Slide 2:
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Basis for enactment of labor and social legislation

Limitations on the enactment of labor legislations
Effectivity of labor laws, rules on regulations, and interpretations

Slide 3:
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RELATION BETWEEN CAPITAL AND LABOR

o

Not merely contractual; impressed with public interest (Art. 1700, Civil Code)

Labor is neither chattel nor a commodity, but human and must be dealt with from
the standpoint of human interest (2004 asufrin)

Principle of non-opression

Slide 4:
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Rule interpretation and implementation

o

Extends to

evidence presented by the employer and the employee (2010 penaflor) or

interpretation of agreements and writings (2011 E.G.I. construction)

If you write a provision in an agreement that is vague, then it shall be

resolved in favor of labor

Slide 5:
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Rules on construction

Slide 6:
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Labor code vs. IRR conflicts

o

In case of conflict, the labor code prevails over administrative implementing it

The authority to promulgate implementing rules proceeds from the law itself. It
cannot amend the law either by abridging or expanding the scope (2009 perez)

Slide 7:
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Doctrine; principle of law: IRR and Labor advisory

It merely interprets a pre-existing law and the administrative interpretation at best

advisory

It is the courts that finally determine the law means (2008 letran calamba faculty
and employees)

Slide 8:
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Constitutional principles
o

Due process clause

Employment is a property right? (2010 manila electric company, en banc)

Slide 9:
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Protection to labor: doctrine

o

It is not self-executing; it is not judicially enforceable

It cannot on its own be a source of a positive enforceable right. It cannot be treated

as a principal source of direct enforceable rights (2009 serrano, citing 2004 Agabon)

Slide 10:
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Social justice doctrine

o

Mere statement of principles and policies and not self-executing; guidelines for
legislation (2008 Bureau of fisheries and aquatic resource employees union)

Slide 11:
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Determination employer- employee relationship

o

4 fold test

Slide 12:
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Four fold test

o

Selection and engagement of the employee

Slide 13:
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Two tiered test

o

Power of control

Economic realty test

The two test apply where there is not written contract or there is complexity of relationship
based on various positions held (2006 franscisco)

Slide 14:
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Mischief remedy test

If the worker suffers from evils (mischief) which the act seeks to correct, and if the
remedies of the act will prevent or cure the harmful effects of the evil in the
situation involving the worker, then the worker is an employee and is entitled to
protection

Slide 15:
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Test: primary and controlling test

o

Control over the performance of the task of one providing the service (2011 Tongko)

Slide 16:
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Employment vs. independent contractorship

o

Employee: chief characteristic

Economic dependence

Subordination in his work relation ( means that the ER exercises control)

Individual independent contractor: chief characteristic

Method and manner free from the control of the ER

Offers his service to the public in general unlike an EE who offers services to
ER only

Slide 16:
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Doctrine: principle of law

o

An independent contractor is paid for the result of his labor, unlike an EE who is paid
for the labor he performs (1988 Dr. Sara)

If paid for your labor ER

If paid for the result contractor

Slide 17:
The caddy earned no fixed income but depends on number of players engaging his
services

Slide 17:
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Medical retainers hired under 157 (2005, Phil Global communication) involving emergency
dental and medical services (2009 escasinas)

Slide 18:
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medical consultants in hospitals (2002 Ramos)

However, the hospital can still be held liable for tort under the doctrine of apparent
authority (2006 Dogales)

Resident physicians if there is a training agreement with the hospital and the training
program is duly accredited by the appropriate government agency
o

Training agreement with the hospital no ER-EE

No training agreement with the hospital may be considered as EE

Slide 19
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Working scholars in schools, colleges or university

o

No ER-EE relationship

Slide 20
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Insurance agents
o

Slide 21

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Slide 24

Independent Self-employed insurance Agents (2011 Tongko, en Banc)