Labor Relations - Midterm Transcript 2014

Labor Relations Midterm Transcript
Labor Relations Midterm Transcription

(AY 2014-2015)
Atty. Jefferson Marquez
TOPIC 1: THE APPLICABLE LAWS

Q: What law can we find the Labor Code of the Philippines? (Complete your
answer)
A: PD 442
Q: When did PD 442 take effect?
A: Nov. 1, 1974
Q: When is Labor Day?
A (Ivar): May 1 (Every Year)
Q: What are the 3 Fields of Labor?
1. Labor Standards
2. Labor Relations
3. Social Legislation
Q: What is Labor Relations?
A: Defines the status, rights, duties, as well as the institutional mechanism that govern
the individual and collective interactions between employers, employees, and their
representatives
Q: How is labor relations enforced to improve the terms and conditions of
employment?
Thru:
1.
2.
3.
4.
5.
collective bargaining agreement

unionization
dispute resolution
voluntary arbitration
compulsory arbitration
Q: What are the 4 Systems of Labor?

1.
2.
3.
4.
Slavery
Serfdom
Free Artisan (Independent Contractor)
Wage System
Q: Which among the 4 are prohibited under our Constitution?

A: Slavery and Serfdom
Q: What is Slavery?
Page
1
Compiled by MFLH Exclusive for EH405
A: Refers to the extraction of work or services from any person by means of

enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt
bondage or deception. (DO 65-04 S2004)
The worker is owned by another at his free disposal.
Q: What are the prohibitions against slavery?
1. Section 18(2) of the Constitution: No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the party shall have been duly
convicted.
2. Article 272, Revised Penal Code: Slavery. The penalty of prision mayor
and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who
shall purchase, sell, kidnap or detain a human being for the purpose of
enslaving him.
3. Section 4 (a) of RA9208: Acts of Trafficking in Persons. - It shall be unlawful
for any person, natural or juridical, to commit any of the following acts: (a) To
recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery,involuntary servitude or debt bondage;
Q: What is the prohibition in the Philippines against Serdom?
1. Art. 274 of the RPC. Services rendered under compulsion in payment of debt.
2. RA 7610
Q: Is Slavery the same as Involuntary Servitude? Is there a provision in the

Civil Code that prohibits Slavery?
A: Yes:
1. Art 1703 of the Civil Code: No contract which practically amounts to
involuntary servitude, under any guise whatsoever, shall be valid
Other laws:
1. Constitution
2. Revised Penal Code
Q: What about Serfdom? What laws?
1. Article 274 of the RPC: Services rendered under compulsion in payment
of debt. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon any person who, in
Page
2
order to require or enforce the payment of a debt, shall compel the debtor to
work for him, against his will, as household servant or farm laborer.
2. Special Law: Section 12-D, RA7610 as amended: No child shall be engaged
in the worst forms of child labor. The phrase "worst forms of child labor" shall
refer to any of the following: (1) All forms of slavery, as defined under the "Antitrafficking in Persons Act of 2003", or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in armed conflict;
Q: Does labor code provide when this rules and regulations be implemented?
Art. 5. Rules and regulations. The Department of Labor and other government
agencies charged with the administration and enforcement of this Code or any of its
parts shall promulgate the necessary implementing rules and regulations. Such rules
and regulations shall become effective fifteen (15) days after announcement of their
adoption in newspapers of general circulation.
THIS IS FOR DUE PROCESS, Ignorance of the Law excuses no one
Q: What are Rules as to interpretation of the labor rules and regulation?

A: Art. 4. Construction in favor of labor. All doubts in the implementation and
interpretation of the provisions of this Code, including its implementing rules and
regulations, shall be resolved in favor of labor.
Q: Have you come across a provision in the civil code as to how this labor
laws must be construed?
A: Art 1702, Civil Code: In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the laborer.
Q: What is 1702 worded like that, that justice should be in favor worker, why
is interpretation should be resolve in favor of the labor?
A: (1) Social Justice Giving a person his due in the society. If a person works for a
specified number of hours, he should be compensated accordingly. Those who have
less in life should have more in law Ramon Magsaysay
A: this article of the law underscores the principle that those who have less in life
should have more in law. This provision proves that capital and labor do not stand in
equal footing. The labor is dependent in capital in terms of salary. This is different in a
case of an independent contractor because latter is not an employee.
Q: If you are the independent contractor can you dictate on the client or
customer how much to be paid for services rendered?
A: Yes
Q: Is there a provision in the labor code on free artisanship/independent
contractor ship?
Page
3
A: there is none. Labor Code is only for the EE-ER relationship.

ART 106, 107, 108 & 109 on contracting arrangement is different from an independent
contractor ship so dont confuse this two. In contracting arrangement there are three
parties the principal, the independent contractor and the contractual employee.
Q: Basis for enacting Labor laws?

1.
2.
3.
4.
Police Power;
Social Justice;
Protection to Labor Clause;
Doctrine of Incorporation;
Q: Give another basis for the enactment of Labor laws.

A: (1) Police Power - Inherent power of the state to enact legislations that may
interfere with personal liberty or property in order to promote the general welfare of
the people. (General Welfare clause)
Example:
Labor Code PD 442
Q: So far as our subject, do you consider a persons job or occupation a
property?
A: Yes
Q: What provision in the Labor Code is specific to Police Power?
Article 263 LC
(g) When, in his opinion, there exists a labor dispute causing or likely to cause a strike
or lockout in an industry indispensable to the national interest, the Secretary of Labor
and Employment (SOLE) may assume jurisdiction over the dispute and decide it or
certify the same to the Commission for compulsory arbitration
Reason: SOLE may compel the employer to admit the employees and the employees
to return to their work.
Attys Discussion: (Labor Standards)
Art 263 (g): when there is a labor dispute likely to cause of causes a strike in an
industry indispensable to national interest, the SOLE can assume jurisdiction.
The striking workers are required to return to work whether they like it or not. As much
as they want to exercise their right to strike and self-organization, it can be interfered.
Any interference is Constitutionally valid under Police Power.
Q: Another basis for the enactment of Labor Laws?
Page
4
A: (2) Social Justice Giving a person his due in the society. If a person works for a
specified number of hours, he should be compensated accordingly. Those who have
less in life should have more in law Ramon Magsaysay
Q: Can you think of a law that was enacted by congress on the basis of
Social Justice?
1. Retirement Law, Art 287 of the Labor Code; (Retirement Pay: 1/2 months
salary/pay for every year of service)
The money comes solely from the employer
2. RA 7610 (Anit-Child Abuse Act) as amended by RA 9231;
3. Migrant Workers Act
NOTE: Taxation: exempts minimum wage earners to income tax another
example of Social Justice as a basis.
Q: Is there any other basis for the enactment of Labor Laws?
(3) Doctrine of Incorporation
Article 2, Section 2, 1987 Constitution. - The Philippines renounces war as an
instrument of national policy, adopts the generally accepted principles of
international law (GAPIL) as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Attys Discussion: (Labor Standards)
The state enters into an international agreement especially in labor laws, those
agreements shall form part of the laws of the land.
Q: Give me an international convention that became the basis for the
enactment of a legislation and give me the counterpart law?
Example of a law enacted by Congress in accordance with an International Agreement:
RA 7610 Anti-Child abuse law.
Protection from Child Labor.
Under the anti-child abuse law, it contains the prohibition of employment for children
below 15 years of age unless under the supervision of their parents in accordance with
the guidelines of DOLE.
We have many International Conventions. Aside from that mentioned by (Stephanie),
also included are the:
a. International convention on the right to self-organization
Page
5
b. International convention on the right to collective bargaining

The Philippine Congress enacted the laws that embody those International
Agreements; the right to self-organization and the right to CBA are found black in
white under the existing labor laws in the Philippines.
From Spectra Notes:
Cite at least 5 International Labor Organization (ILO) Conventions:
1. C87 Freedom of Association and Protection of the Right to Organize to
Convention (1948)
2. C99 Minimum Wage Fixing Machinery Convention (1951)
3. C105 Abolition of Forced Labor Convention (1957)
4. C17 Workmens Compensation (1925)
5. C149 Tripartite Consultation Convention (1976)
Q: Give a fourth basis for the enactment of labor laws?
A: (4) Protection to Labor
Article XIII, Section 3, 1987 Constitution. The State shall afford full protection to
labor, local and overseas, organized and unorganized, and promote full employment
and equality of employment opportunities for all.
Example: Migrant Workers Act (Migrant Workers and Overseas Filipino Act)
Q: Why do u need to enact a special law to protect this people overseas are
not this foreign countrys bound by our domestic law?
A: in order to make sure that before the workers are sent out the laws of the other
countrys labor laws are not oppressive.
Q: LIMITATIONS of labor laws?

Equal Protection
- Magna Carta not an example of equal protection but was enacted to avoid
discrimination of women in working during night
Ex. Case on Filipino teacher must be treated equally with Foreigner Teachers.
Discuss. Review case.
Q. what if for nationality you enact a law that will give more benefit to
Filipino teachers than to foreign teachers. Is there anything wrong with this
law?
Page
6
A: NOT VALID. It violated the equal protection clause because this Filipino teachers and
foreign teachers are in the same class therefore must be treated equally.
Due Process Clause
- due process in labor law means OPPORTUNITY TO BE HEARD only
- due process in labor law is statutory due process not constitutional due
process as cited in the case of Mirano vs NLRC.
- by failing to perform an act that constitutes as a violation in the statutory due
process this does not render the act void.
- enfact if dismissal is made with just cause but without statutory due process
the dismissal is valid but you are just made to pay for violation of the statutory due
process.
Ex. A law allowing employers to summary dimisal employees for self
preservation not valid because you deprive the opportunity to be heard.
Provisions on Involuntary Servitude
a. Art. 18(3) of constitution
b. CC 1703
c. RPC 272 Slavery
Q: What are the ASPECTS OF LABOR?
1. Slavery
2. Serfdom
3. Free Artisan
4. Wage System
Q: Distinguish Free artisan from Wage System:
independent contractor ship the principal has no control over the ways and means or
methods but only as to the result
wage system the ER has control over the performance of the work including the results
thereof.
Page
7
Q: the professional is not subject to the control to whose services are

rendered. Why is this so?
there is no ER-EE relationship
ex. Doctor possess skill that the customer does not have so no way I can tell you how
to do it, I just set the result.
Q: in a Free Artisanship and Independent Contractor ship?
2 parties, the principal and the independent contractor or free artisan
Q: the best example of independent contracting is the case of jay sonza
(katong abs-cbn case);
Q: i know you have mastered the four-fold test; so what is the two-tiered
test?
A:
1. The putative employers power to control the employee with respect to the
means and manner by which the work is to be accomplished; (Control Test)
2. The underlying economic realities of the activity or relationship. (Economic
Reality Test)
Q: How would you describe the economic reality test in 1 sentence? it is a test
to determine whether the employee is dependent on the alleged employer for his
continues employment in that line of business page 18;
Q: What are the evidences that the employee is economically dependent on
the employer under the economic reality test? (Page 17 Spectra Notes)
CASE: Francisco vs NLRC
Under the broader economic reality test, the petitioner can likewise be said to be an
employee of respondent corporation because (1) she had served the company for
six years before her dismissal, (2) receiving check vouchers indicating her
salaries/wages, benefits, 13th month pay, bonuses and allowances, as well
as deductions and Social Security contributions from August 1, 1999 to
December 18, 2000. 26 When petitioner was designated General Manager, respondent
corporation made a report to the SSS signed by Irene Ballesteros. Petitioners
membership in the SSS as manifested by a copy of the SSS specimen signature card
which was signed by the President of Kasei Corporation and the inclusion of her name
in the on-line inquiry system of the SSS evinces the existence of an employeremployee relationship between petitioner and respondent corporation. 27
Page
8
It is therefore apparent that petitioner is economically dependent on respondent

corporation for her continued employment in the latters line of business.
In Domasig v. National Labor Relations Commission, 28 we held that in a business
establishment, (3) an identification card is provided not only as a security
measure but mainly to identify the holder thereof as a bona fide employee of
the firm that issues it. (4) Together with the cash vouchers covering
petitioners salaries for the months stated therein, these matters constitute
substantial evidence adequate to support a conclusion that petitioner was an
employee of private respondent.
We likewise ruled in Flores v. Nuestro 29 that (5) a corporation who registers its
workers with the SSS is proof that the latter were the formers employees.
The coverage of Social Security Law is predicated on the existence of an
employer-employee relationship.
(FROM LABOR STANDARDS)
Q: How to determine that a person is economically dependent?
A:
1.
2.
3.
4.
5.
Number of years in the company;

Reported to SSS (good indicator of treating him as an employee;
Registered in the patrol;
Identification card;
Company uniform.
Attys Discussion:
The Two-Tiered test is usually applied only when there is doubt whether the
relationship is actually an employer-employee relationship, or if there is no written
employment contract.
If you have a written employment contract then there is no question that you are an
employee.
Q: Are Mam Arlene and Mam Vicky Spencer economically dependent on USC?
A: Klaro ana! So there exists an employer-employee relationship between them and
the school following the control test and the economic reality test and also the four
fold test.
Q: How about the working student, are they employees?
A: No, under Book III, Sec 14 of Rule X of the Implementing Rules and Regulations of
the Labor Code
Page
9
SECTION 14. Working scholars. There is no employer-employee relationship

between students on one hand, and schools, colleges or universities on the other,
where there is written agreement between them under which the former agree to work for the
latter in exchange for the privilege to study free of charge, provided the students are given real
opportunities, including such facilities as may be reasonable and necessary to finish their
chosen courses under such agreement.
Q: How about real estate brokers? Are they employees of the real estate
company?
A: No, Under Sec 32 of RA 9646 (Real Estate Service Act)
Section 32. Corporate Practice of the Real Estate Service. XXXXX
Subject to the provisions of the Labor Code, a corporation or partnership may hire the
services of registered and licensed real estate brokers, appraisers or consultants on
commission basis to perform real estate services and the latter shall be deemed
independent contractors and not employees of such corporations.
Q: Is there a provision on our labor law IRR on payroll?
A: Yes, under Book III, Sec 6 of Rule X of the IRR
SECTION 6. Payrolls. (a) Every employer shall pay his employees by means of a payroll
wherein the following information and data shall be individually shown:
(1) Length of time to be paid;
(2) The rate of pay per month, week, day or hour piece, etc.;
(3) The amount due for regular work;
(4) The amount due for overtime work;
(5) Deductions made from the wages of the employees; and
(6) Amount actually paid.cralaw
(b) Every employee in the payroll shall sign or place his thumbmark, as the case may be, at the
end of the line opposite his name where a blank space shall be provided for the purpose. His
signature shall be made in ink, or his thumbmark placed with the use of the regular stamping
ink and pad.
Q: What are the rights of the workers in relation to Labor Relations?

FROM SPECTRA NOTES:
IN RELATION TO LABOR RELATIONS (SupremeCourt PSP/S-C-P-S-P)
(ART XIII, Sec 3 par 2)
1. Self-organization
2. Collective bargaining and negotiations
3. Peaceful concerted activities including the right to strike in accordance with law.
4. Security of tenure
Page
10
5. Participate in policy and decision making processes affecting their rights and benefits as
maybe provided by law.
Sir: Dont be in a hurry.. peaceful what? Peaceful concerted activities.. Should be peaceful and lawful
concerted activities
We have right to security of tenure, right to self-organization, right to participate in policy and decision
making processes affecting their rights and benefits as maybe provided by law, right to lawful and
peaceful concerted activities.
So these are the rights of workers in relation to labor relations.
By the way Im just curious, employer-employee relationship, the word employer, it refers to both?
Student: As provided in Article ..15 (inaudible) of the Labor Code, it refers to a person who acts in interest of
an employer
Sir: Does it include the government?
Student: In labor relations, it does not include the government but with regard to labor standards, it includes
the government
Sir: Alright.. and can you give an example of an employer?
Student: owner..
Sir: private employer!
Student:
Sir: This school has different personality distinct and separate..
(laughing.. talking about Father Miranda.. joking.. inaudible)
Next is, you mentioned about security of tenure.. before we go to that, theres amendment to article 275 with
regard to tripartism. Thats the first topic of my course syllabus. Look at my syllabus!
So before the amendment we have tripartism.. amended by RA 10395. Who were the 3 parties?
Student: the government, employer and workers
Sir: In your own opinion, what is the importance why those parties are involved?
Student: Government can protect the public Employer can protect his right
Sir: In tripartism, we go to concept of capitalist country, wherein workers are economically dependent.. We
always acknowledge the socio-economic imbalance in so far as labor is concerned. Capital do not stand in
equal footing with labor. Is it good or bad? OF COURSE BAD! We will always be dependent on capital. What
will result?
Student: ..
Sir: Employer is susceptible to abuse. You are all dependent on me. I can discriminate, I can dictate how
much I pay. Everything now comes from capital. But it should not be in democratic country. But to give a
mechanism to lessen this, there is Art 275, on tripartism. We have to realize that capital is closer to
Page
11
government. Money is closer to government. In effect, they can buy government. This is a disadvantage to
the working men.
SO going back, they placed that provision there. Whenever government comes up with policy on
employment, it has to include both the employers and labors group and determine from them what is best
for their welfare and interest. In my opinion, three is a crow. Two is a company, but 3 is a crowd. So literally,
tripartism looks beautiful but in most cases. (inaudible)
Now congress came up with amendment to 275 to strengthen that tripartism since its not very effective.
Q: Congress came out with the amendment of Art. 275 to further strengthen the tripartism. How does
that new law strengthen tripartism?
A: RA 10395 (basaha ang RA 10395, naa dira tanan answer)
Q: What are these councils? What are the names of these councils?
A:
Q: What is the composition and membership of these councils?
A:
Q: These members are appointed by whom?
A:
Q: There are many organizations now purportedly representing the ER, and also to represent labor.
To choose which organization among those will be seated in the council, what is the criteria that is
prescribed?
A: most representative organization criteria of ILO Convention No. 144.
Q: What is that most representative criteria? When does it apply?
A:
Q: There is this council composed of equal representation (referring to the council), is that
something new compared to Art. 275?
A: Yes.
Q: What is the beauty of that?
A: Its the creation of that council.
Q: Whats good if there is a council?
A:
Q: Would you agree that that amendment would make more effective the tripartism policy?
Page
12
A:
READ THIS LAW BELOW!
[REPUBLIC ACT NO. 10395]

AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE ARTICLE 275 OF PRESIDENTIAL
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
March 14, 2013
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 275 of the Labor Code is hereby amended to read as follows:
ART. 275. Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils. (a) Tripartism in labor relations
is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in
decision and policy-making bodies of the government.
(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to time call a national,
regional, or industrial tripartite conference of representatives of government, workers and employers, and other interest
groups as the case may be, for the consideration and adoption of voluntary codes of principles designed to promote
industrial peace based on social justice or to align labor movement relations with established priorities in economic and
social development. In calling such conference, the Secretary of Labor and Employment may consult with accredited
representatives of workers and employers.
(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by the Secretary of Labor and
Employment, with twenty (20) representatives each from the labor and employers sectors to be designated by the
President at regular intervals. For this purpose, a sectoral nomination, selection, and recall process shall be established
by the DOLE in consultation with the sectors observing the most representative organization criteria of ILO Convention
No. 144.
Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be established with
representatives from government, workers and employers to serve as a continuing forum for tripartite advisement and
consultation in aid of streamlining the role of government, empowering workers and employers organizations, enhancing
their respective rights, attaining industrial peace, and improving productivity.
The TIPCs shall have the following functions:
(1) Monitor the full implementation and compliance of concerned sectors with the provisions of all tripartite instruments,
including international conventions and declarations, codes of conduct, and social accords;
(2) Participate in national, regional or industry-specific tripartite conferences which the President or the Secretary of
Labor and Employment may call from time to time;
(3) Review existing labor, economic and social policies and evaluate local and international developments affecting
them;
(4) Formulate, for submission to the President or to Congress, tripartite views, recommendations and proposals on
labor, economic, and social concerns, including the presentation of tripartite positions on relevant bills pending in
Congress;
(5) Advise the Secretary of Labor and Employment in the formulation or implementation of policies and legislation
affecting labor and employment;
(6) Serve as a communication channel and a mechanism for undertaking joint programs among government, workers,
employers and their organizations toward enhancing labor-management relations; and
(7) Adopt its own program of activities and rules, consistent with development objectives.
All TIPCs shall be an integral part of the organizational structure of the NTIPC.
Page
13
The operations of all TIPCs shall be funded from the regular budget of the DOLE.
SEC. 2. Implementing Rules and Regulations. The Secretary of Labor and Employment shall promulgate the
necessary rules and regulations to implement the provisions of this Act.
Sir: At the same way that if you refer to the employer: Ako pala yung HR DIRECTOR ng mga bpo
association of the phil- all bpo centers, will you appoint him? Hindi lang bpo eh.. Im the Elected hR manager
among the Association of MAssage Parlors industry or bar entertainment industry?volunteer ko ba.
Sir: Different interest gud class. And Equal representation. Will that strengthen the policy of decision
making process? Yes. Kasi magkakaroon ng representation yung bagong industry- manufacturing industry,
maritime, bar and entertainment industry, drug industry (hindi shabu eh- the drug pharmaceutical industryhindi yung droga)
Sir: How is tripatism bla bla? You have to discuss that. This new law reduce the establishment blablabla
Sir: Right to security of tenure. What is that right?
Student: Yes,sir. Art 13 sec 3 of the 1987 Constitution
Sir: That is recognized by the?
Student: State..
Sir: The state shall recognize that diba? The right of security of tenure. By the word security of
tenure, what do you understand by that?
Student: Security of tenure sir. You cannot uh.. dismiss an employee sir w/o authorize cause sir.
Sir: without just..
Student: Without just or authorize cause sir.------------Student: Security of tenure is guaranteed by the Constitution sir.
Sir: It is the right of whom?
Student: Right of the workers sir.
Sir: To what?
Student: To uh..
Sir: To Continue his employment. until he is?
Student: Until he is..dismissed..
Sir: Dimissed for?
Student: For authorized cause
Sir: Just cause. Dont forget the just cause- just or authorized cause. Thats security of tenure.
Page
14
Sir: It is the right of every worker to continue with his or her employment dba until he or she is
terminated for just or authorized cause. Thats the employment security of tenure and that is a right
that is recognized and guaranteed by the state to every worker. When you say recognized and
guaranteed- the State will intervene on behalf of the worker in case he is dismissed without just or
authorized cause with the state putting you back to work if you are found to be illegally dismissedworkers do not worry- that is what the state so that you will not
Sir: But before we discuss with that- we have to classify workers. And workers are classified under
What article of the labor code? Can you enumerate for us?
Student: Article 280. Regular employees, Probationary and Casual sir.(wrong ni!)
Sir: Those are the employment classification in or mentioned in the labor code? Regular..?
Student: Regular and casual sir.
Sir: Yeah. But probationary employee is found in another article, isnt it not? (Art 281)
Sir: What article in the labor code can you find the classification of employment?
Student: Art 280 sir.
Sir: Look at your codal. Codal-not that notes. How many classifications?
Student: 2 sir. (wrong ni)Regular sir and..
Sir: Only two?
Student: seasonal sirand those with fixed..
Sir: SO? Can you enumerate for us. How many classification of workers are found there?
Student: Regular..There are four sir.
Sir: Okay. number one?
Student: Regular. Casual. Seasonal. And those with fixed or..
Sir: What? They are called project workers. So we have REGULAR employment, CASUAL
employment, PROJECT employment, and SEASONAL employment. All found in ARTICLE 280. Punta
ka sa kabilang article- thats where you find probationary employment. So lets start first with regular
employment. Why is employment considered regular?
Student: Employment is regular sir if an employee is engaged in services which is necessary or desirable or
aligned with the business of the employer.
Sir: So whats a regular worker/employee?
Student: Those who are rendering services sir in the uh.. necessary and desirable to the business sir.
Sir: A regular worker or a regular employee is one who holds a regular employment. Because you are
defined by your employment dba. Regular employment- is one wereby worker performs an activity
that is usually necessary or desirable to the trade or business of employer.
Page
15
Regular employment is one whereby the worker performs an activity which is usually necessary or
desirable to the usual business or trade of the employer.
Regular worker/employee is one who holds a regular employment.
WHAT IS CASUAL EMPLOYMENT?
o Article 280: xxx an employment shall be deemed to be casual if it is not covered by the
preceding paragraph
WHAT IS THE PRECEDING PARAGRAPH?
o Article 280: xxx an employment shall be deemed to be regular where the employee has
been engaged to perform activities which are usually necessary or desirable in the usual
business or trade of the employer, except where the employment has been fixed for a
specific project or undertaking the completion or termination of which has been determined
at the time of the engagement of the employee or where the work or service to be performed
is seasonal in nature and the employment is for the duration of the season.
SO IF YOU ARE NEITHER REGULAR EMPLOYMENT OR SEASONAL OR PROJECT
EMPLOYMENT, YOU ARE IN A CASUAL EMPLOYMENT its magulo so we will look at the IRR
For every chapter and title under the labor code, there is a corresponding chapter or title under the
IRR.
o Book VI Rule 1 Section 5 (b): Casual employment. There is casual employment where an
employee is engaged to perform a job, work or service which is merely incidental to the
business of the employer and such job, work or service is for a definite period made known
to the employee who has rendered at least one year of service whether such service is
continuous or not, shall be considered a regular employee with respect to the activity in
which he is employed and his employment shall continue while such activity exists.
GIVE AN EXAMPLE: THIS IS SAN CARLOS, AND ITS PRIMARY BUSINESS IS TO PROVIDE
EDUCATION. THINK OF A JOB THAT IS CASUAL TO SAN CARLOS
IS MY (JMM) JOB CASUAL OR REGULAR?
o Your job is regular employment because teaching is necessary to the principal business of
providing education by San Carlos
o Like Maam Vicky? That is desirable ha? Without maam Vicky, you wont have your
enrolment or your course syllabus
o For renovation, a carpenter. The job of a carpenter is a casual employment because that is
an activity which is incidental lang and for a definite period in which he will do the carpentry
work.
HOWEVER, YOU SAY A CASUAL CAN BECOME A REGULAR?
o Article 280: xxx provided, that any employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be considered as regular employee with
respect to the activity in which he is employed and his employment shall continue while such
activity exists.
GIVE AN EXAMPLE. WHAT IS CONTINUED SERVICE?
o Its not interrupted
BROKEN?
o You hire me for one month, then stop working. Then you hire me again for 2 months then
until a year is reached
o Carpenter: if he works for at least one year, he becomes a regular carpenter.
FOR HOW LONG?
o With respect to the activity in which he is employed until such activity (carpentry) exists.
WHEN THE RENOVATION ENDS, HIS EMPLOYMENT IS DEEMED ENDED BY OPERATION OF
LAW. NO ILLEGAL TERMINATION OR DISMISSAL.
Page
16

Labor Relations - Midterm Transcript 2014

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Labor Relations - Midterm Transcript 2014

Hochgeladen von

Copyright:

Verfügbare Formate

Labor Relations Midterm Transcript

Labor Relations Midterm Transcription

TOPIC 1: THE APPLICABLE LAWS

collective bargaining agreement

Q: What are the 4 Systems of Labor?

Q: Which among the 4 are prohibited under our Constitution?

Compiled by MFLH Exclusive for EH405