2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
o NLRC decisions cannot form part of the law Yes, it is a property right.
of the land as it is not part of the judiciary; Employees, then, cannot be
no stare decisis in this case. It could terminated without observing due
constitute res judicata once its final and process.
executory (which is binding only as to the
parties) but not stare decisis. Protection to Labor; Doctrine
Probative value of DO 18-02 on Contracting o 2009 Serrano, citing 2004 Agabon case
Arrangement; Principle o It is not self-actuating; it is not judicially
o 2013 Vigilla, et.al. case enforceable. ( it needs a law; the protection
to labor clause provides no enforceable
Probative value of a department relief by itself)
order.
o It cannot on its own be a source of a
o DO 18-02 (which is now, DO 18-A) positive enforceable right. It cannot be
interprets Articles 106 of the Labor Code. treated as a principal source of direct
These legislative rules and regulations enforceable rights.
designed to implement a primary legislation
have force and effect of law. Social Justice; Doctrine
o A rule is binding on the courts as long as o 2008 Bureau of Fisheries and Aquatic
the procedure fixed for its promulgation is Resources Employees Union
followed and its scope is within the o Mere statement of principles and policies
statutory authority granted by the and not self-executing; guidelines for
legislature. legislation only.
DO 10 on Contracting Arrangement; Probative Value; o e.g. Retirement Benefit law as an ENABLING
Principle LAW of the social justice principle
o 2013 Bpi Employees Union-Davao City o Update: another example is the Expanded
Senior Citizen's Act ( encourages employers
It is a guide to determine what
to employ senior citizens in view of tax
functions may be contracted out,
exemption, subject to certain conditions)
subject to the rules and established
jurisprudence on legitimate
contracting job contracting and
Determining Employer-Employee Relationship
prohibited labor only contracting.
Nothing new here; SEE NOTES ABOVE Two-tiered test; determining employer-employee With Love and Awesomeness
relationship
Constitutional Principles
a. Power of control
o Due process clause - opportunity to be
heard. (this is unlike the concept of due b. Underlying economic realities of the activity
process in criminal law which is the RIGHT or relationship ("economic facts of the
to be heard) relation" test)
2
Labor Law Review Study Guide A.Y. 2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
Importance of determining the existence of er-ee o Pakyaw workers are considered employees
relationship: knowing what law to apply (in contrast for as long as their employers exercise
with principal-agent, being a corporate officer, control over them (2013 Gapayao case)
partner, independent contractor, etc.)
3
Labor Law Review Study Guide A.Y. 2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
o Real Estate Broker; Appraiser or Consultant o The selection and employment of the jockey
performing real estate services (section 33, is made by the race horse is made by the
RA 9646 otherwise known as Real Estate race horse owner whose horse the jockey
Service Act of the Philippines) will ride, not by the race club. Upon the
other hand, the jockey decides for himself
The law expressly provides that the horse he is to mount (1969 SSS/Manila
they are not employees of the real Jockey Club case)
estate company.
Jockey is not an employee of the
o Student trainees (dual training system act
race club
of 1994): Section 8, R.A. 7686
The SSS has the jurisdiction to
Not an employee; just a trainee
take cognizance of the existence of
(DO NOT EXTEND TO THEM LABOR
er-ee relationship for the purpose
STANDARDS BECAUSE THEY ARE
of SSS coverage.
NOT EMPLOYEES as expressly
provided by the law) PBA Basketball Referee
III. RIGHT TO HIRE (POWER TO HIRE) Restrictions prior to hiring: Special laws
Wages refer to compensation for manual labor, How do we know the proper valuation of the
skilled or unskilled facilities?
This is not deductible from the Filing of the application for the
wage conduct of facility evaluation with
the RTWPB having jurisdiction over
o In determining the classification, the basis
the workplace (Section 1, Rule 2)
is not the kind but the purpose (for whose
benefit is it given?) o Proper party?
o Free board and lodging 7 days a week If new, before the introduction of
(2010 SIP Food House) the proposed facilities With Love and Awesomeness
o Food allowance, and allowance for lodging
If existing: at any time
house, transportation, electricity, water and
snacks (2011 SLL International Cable o Result:
Specialist)
The RD/DOLE shall issue a Facility
o Meals and lodging provided to employees in Evaluation Order
order to maintain their efficiency and health
while working at their respective project o Remedy:
sites, are supplements, and not facilities.
Appeal to the NWPC (Rule V)
(ibid)
Will not stay the order (Section 4,
Rule V)
7
Labor Law Review Study Guide A.Y. 2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
Job or task
Piece-rate
Requisites for Deductibility of Facilities (from Ee's
wage) Commission
Once the agreed period of work is o Use of 314 divisor for Monday to Saturday
completed, the compensation is work (2006 Arellano University Employees
earned and becomes due and Workers' Union; see also 1995
regardless of result. Wellington Investment)
o Workers paid by results are not entitled to Safety performance (safety record
the benefits under the same Title (Title I: i.e. incidence of road accident,
Working Conditions and Rest Periods); not traffic violations)
covered by certain labor standards
o Compliance of this department regulation is
Jurisprudence: a prerequisite to a renewal with the LTFRB
o Coverage:
BUT not lower than the applicable o There is no need for this study when you
minimum wage (Basic + COLA) are paying your employees by time.
Maybe fixed based on time (e.g. If new: before the rates are given
daily/monthly) per trip or per effect
kilometer/distance, within an 8
hour period; result or output based
If existing: at any time
9
Labor Law Review Study Guide A.Y. 2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
o Wage rates
Effect of Pendency; Issuance of Compliance Order
o Wage order
o No compliance order shall be issued during
the application for exemption
o Unpaid benefits
o Remedy: RTWPB -NWPC-CA (rule 43?)- SC
Basis for computing the double
indemnity
----------- END OF PART 1----------------
o Double Indemnity
Including those affected by natural Article 128; Types of DOLE Inspection; Issuance of
calamities Compliance Order
o Retail/service establishments (1999 C. A. Routine Inspection
Planas Commercial) (10 and below
employees; retail=selling goods directly to B. Complaint Inspection
o This Title shall not apply to farm tenancy or o The basis of this is Article 128.
leasehold, domestic service and persons working in
o Before , they have the Manual for Labor
their respective homes in needle work or in any
Inspection but this has already been
cottage industry duly registered in accordance with
superseded by this new Labor Law
law.
Compliance D.O.
GR: home workers are entitled to minimum
wage
Labor Law Compliance System; Coverage 1
1
Labor Law Review Study Guide A.Y. 2013-14
Source: This study guide is taken from the slides of Atty. JMM and some personal notes during his lectures.
o All matters arising from the visitorial and A. A hearing officer conducts mandatory and continuous
enforcement power of the Sec/DOLE under conferences in a summary character.
Article 128 of the Labor Code
B. RD/DOLE issues a compliance order
LLCS Modes of Implementation C. Appeal of compliance order to the Sec/DOLE
o It could be any or all of the following: A. 10 day period
1. Joint assessment - involves self- B. Grounds
assessment/checklist
C. Appeal bond - equivalent to the judgment
A. Coverage award
o Engaged in hazardous work D. Memorandum of appeal - a mere notice of
o Employing child employees appeal will not suffice
A. Upon receipt of SeNa referral (Section 7, DO Filing of petition for certiorari from
No. 107, S. 2010) decision/resolution of sec/DOLE
o Accident resulting to disabling injury o Thus, "no work, no pay" during the period
of stoppage of operation (2008 National
o Article 128 applies even if the amount Prohibitions regarding wages, i.e. withholding of
involved exceeds 5,000.00 wages and authorized deductions
o The worker need not litigate to get what
Non-interference in disposal of wages
legally belongs to him. The whole
enforcement machinery of the DOLE exists Prohibition against compulsory patronage
to insure its expeditious delivery to him free
of charge (2009 Balladares) o No force, no inducement, no compulsion
from the employer to patronize the latter's
This is inquisitorial in nature. products.
deduct his wage and remit to the employees were not able to claim their
cooperative for the payment of his unpaid Vl/SL, they complained.
obligation.
Held: SC ruled in favor of Nestle. Since the
o In such a case, the obligation of the benefit is just an additional grant, the
employer is mandatory (Article 58, R.A. employees should follow the conditions set
9520 Philippine Cooperative Code of 2008) by the company.
o Gas and uniform allowance (1997 Manila Bank) Article 100. Prohibition Against Elimination or
o Solutio indebiti
When the policy instruction went
beyond the authority vested under
the law, such P.I. is void.
o A regular holiday falling on employee's rest Night Shift Differential Pay (Article 86)
day
Service Charges (Article 96)
o 2 regular holidays falling on employee's rest
day
How much?
II. Married male workers (RA 8187); Paternity Leave o 1/2 month salary for every year of service
Act (?)
o 7 days
o At least one year of service Special leave benefit; full pay for 2 months based on
GROSS monthly compensation
o Prior notice to employer
o Solo parent identification card In addition to leave privileges under existing laws
o Following surgery caused by gynecological o Not less than 40 minutes for every 8 hours
disorders (Sec. 1) working period
o Provided, she has rendered continuous This is on top of the meal period
aggregate employment service of at least 6
months for the last 12 months 40 minutes if compensable time
o Different from SSS Sickness Benefit Include the time to get to and from
the workplace lactation station,
In addition to leave benefits granted under existing considered compensable hours
laws (Sec. 8) worked
However, similar or equal xxx (2012 IRR!!!! The Duration and frequency xxx
previous one has been repealed!) ***
o In addition to regular time-off for meals
Maximum Period of Leave with Pay (Section 12)
o 2 months maximum (Section 4) o Employers can, however, apply for an
exception with the DOH.
o Allowable period of leave with pay -
depends on certification of a competent
physician as to required period of
recuperation IX. Drivers and conductors in public utility transport
system (DOLE D.O. No. 118-12, S. 2012)
Availment and Frequency
Hours of work; not exceed 8 hours a day
o When: after undergoing surgery (Section 5)
If required to work overtime, max hours of work
o Xxx shall not exceed 12 hours in any 24 hour period,
subject to safety and xxx
Mode of Payment:
o Non cumulative and non convertible to case X. Night workers (RA 10151
(Sec. 12) Night workers
which are not operating for profit. o Counting of Period of Probation ( 2004 Alcira and
2004 Mitsubishi Motor Phils.) ***
Legal Principle
We depend on the Civil Code because we do
not have a provision on the counting in the
o Section 3, Article XIII is not self-actuating; Labor Code.
it is not judicially enforceable. It cannot on
its own be a source of a positive enforceable When the employer specifically mentions
right. It cannot be treated as a principal the months of the probation, the specific
source of direct enforceable rights (2009 number of days corresponding to the
Serrano, citing 2004 Agabon) months should be taken into account.
Jurisprudence
Interference of the property right
of the employer pursuant to the o Probationary employee, considered regular if
police power of the State employee is not informed of the standards (2005
Aberdeen Court and 2005 Clarion Printing House;
Section 6, d; Rule 1, Book VI) and more so, if he did
A. Classification of Employees not undergo any performance evaluation (2006 Dusit
Hotel Nikko)
1. Regular employees (article 280); concept (Section 5,
a), Rule 1, Book VI) Aberdeen: without standards=regular
a. By nature of work, primary test? employee
Exceptions to regular employment then re-hired, for more than one year, and
eventually placed under fixed term
employment, is considered regular
Labor Code: project and seasonal employment employee. The term employment was a
mere ploy to deprive the worker of his
o SC: this is not exclusive. The list should tenurial security (2009 San Miguel, citing
allow those analogous or similar to these 1990 Brent School)
types of employment.
Other classifications of employees
Jurisprudence: deep sea fishing business is ii. 2010 revised manual of regulations for private
not a seasonal undertaking. Catching fish is schools in basic education)
not seasonal (2006 Poseidon Fishing)
1. Section 63. Probationary Period; Regular or
especially where the boat crew although
Permanent Status. A probationary period of
employed on a per trip basis, has been
not more than three (3) years in the case of
working for 12 years.
the school teaching personnel and not more
o Fixed Term Employee; Requisites (1990 brent than six months for non-teaching personnel
School; 2004 Pangilinan) shall be required for employment in private
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