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LABOR LAW SPECIAL LECTURE WITH NOTES

BY: ATTY. STEFHANIE K.T. PORMANES

CHAPTER 1: THE CONSTRUCTION AND PROTECTION OF LABOR

I. At the end of the discussion, you are expected to learn the following:

a) The meaning of Social Justice Principle and its application.

b) The pertinent/relevant provisions about labor law under the 1987 Constitution of
the Philippines.

II. Pre-Assignment: Know the following before lecture

a) What is the Principle of Social Justice in general?

a.1) What is the Principle of Social Justice according to the case of Calalang
vs. Williams?

b) What is the Doctrine of Co-Determination?

c) What is the Principle of Shared Responsibility?

d) What is the Doctrine of Compassionate Justice?

e) What are the relevant provisions under the 1987 Constitution pertaining to labor
protection? e.1) Art.II, Sec. 9

e.2) Art. XII, Secs 1,6, and 12

e.3) Art. XIII, Sec. 1 and 3.

f) What are the Constitutional rights of the workers?

f.1) Right to property and due process

f.2) Right to self-organization

f.3) Right to security of tenure

Right to Collective Bargaining

Right to Strike and Concerted Activities

f.4) Right to Just and Humane Conditions of Work

f.5) Right to a living wage

f.6) Right to a participation in policy and decision making (Doctrine of Co-


Determination)
LABOR LAW SPECIAL LECTURE WITH NOTES
BY: ATTY. STEFHANIE K.T. PORMANES

g) What is the nature of labor contracts?

h) What is the principle of management’s prerogative? How do you compromise the


management’s prerogative from social justice doctrine?

CHAPTER 2: GENERAL LABOR CONCEPTS

I. At the end of the discussion, you are expected to learn the following:

a) The Doctrine of Construction in favor of Labor

b) The burden of proof is always upon employer to show validity of its exercise of
management prerogatives, especially as regards termination of employment

c) No Work, No Pay Principle

d) Last in, First out (LIFO) Rule

e) One union, One company Policy

f) Equal Pay for Equal Work Principle

g) Non- diminution of Benefits Doctrine


LABOR LAW SPECIAL LECTURE WITH NOTES
BY: ATTY. STEFHANIE K.T. PORMANES

II. Pre-Assignment: Know the following before lecture

a) What is the Doctrine of Construction in favor of Labor and its application? (under
the Labor Code of the Philippines)

b) What is No Work, No Pay Principle and its application?

c) What is Last in, First out (LIFO) Rule and its application?

d) What is One union, One company Policy and its application?

e) What is Equal Pay for Equal Work Principle and its application?
f) What is Non- diminution of Benefits Doctrine and its application?

g) What is the nature of bonus?

CHAPTER 3: EMPLOYER-EMPLOYEE RELATIONSHIP

I. At the end of the discussion, you are expected to learn the following:

a) The concept of employer –employee relationship (ER-EE)


LABOR LAW SPECIAL LECTURE WITH NOTES
BY: ATTY. STEFHANIE K.T. PORMANES

b) The concept of Four-Fold Test

c) Cases where the Supreme Court ruled that Er-Ee relationship existed

d) Cases where the Supreme Court ruled that no Er-Ee relationship existed

e) Difference between an employee and independent contractor

II. Pre-Assignment: Know the following before lecture

a) What are the Four-Fold Test and its application?

b) What is the Control Test and its application?

c) What is Economic Reality Test and its application?

d) Digest the following cases: Cases where the Supreme Court ruled that Er-Ee
relationship existed

d.1) Jeepney owners/operators and jeepney drivers [ Jardin vs. NLRC 326
SCRA 299 (2000)]

d.2) Bus company and bus driver (R.Transport Corp. vs. Rogelio Ejandra GR
148508 May 20, 2004

d.3) Taxi operator/owner and taxi driver (Paguio Transport vs. NLRC and
Melchor GR 119500 Aug 28, 1998)

d.4) Jeepney Drivers on boundary system [Martinez vs. NLRC 272 SCRA
793 (1997) citing NLU vs. Dinglasan 98 Phil 649]

d.5) Resident Physicians are employees of Hospitals (Calamba Medical


Center, Inc. vs. NLRC GR 176484 Nov. 25, 2017)

Nota bene: Compare this case to UERMMMC-R.D.U vs The Honorable Under


Secretary of Labor, Bienvenido Laguesma GR 125425-26 Nov 24, 1993- where
the SC ruled that no er-ee relationship existed between a resident physician and
the training hospital.

e) Digest the following cases: Cases where the Supreme Court ruled that no Er-Ee
relationship existed (But the relationship is one of Independent Contractor
Arrangement)
LABOR LAW SPECIAL LECTURE WITH NOTES
BY: ATTY. STEFHANIE K.T. PORMANES

e.1) Insurance company vis-à-vis commission agents [ Insular Life vs. NLRC
179 SCRA 459 ; AFP Mutual Benefit Association, Inc vs. NLRC 267 SCRA 47
(1997)]

e.2) Company vs. Collecting Agents on Commission basis [Singer Sewing


Machine vs. Drilon, 193 SCRA 270 (1991)]

e.3) Softdrinks company vs. Independent Contractors selling softdrinks


[Mafinco vs. Ople 70 SCRA 139 (1976)]

e.4) Shoe shine boys [Besa vs. Trajano 146 SCRA 501 (1986)]