Constitutional rights of the laborers Rights 1. Self-organization 2. Collective Bargaining 3. Security of Tenure 4.

Just and humane condition of work 5. Collective negotiation 6. Peaceful concerted activities 7. Strike 8. Living wages 9. Participate on policy and decision making Employee-employee relationship Management prerogative Employment Restrictions Atty. Fees Quitclaims and compromise agreement Compromise agreements are agreement that both parties decided in order to came into a solutions that would be best to each other. Quitclaims Definition Right to form associations or societies for purposes not contrary to law shall not be abridged. Enable to obtain a relative equality of bargaining power with the employer, for its compels him to deal with them as a group rather than as isolated individual Right of the worker to secure or to continue in employment until the same is terminated by authorized or just cause provided law. Fair wages and equal remuneration for work of equal values. Safe and healthy working conditions, equal opportunities to promotion and rest, leisure and reasonable limitations of working hours, New labor concept which is applicable to the government or public sector. Designed by workers to express their collective demands through the machinery of boycott, pickets and strikes. Temporary stoppage of work by the concerted action of employees as a result of any industrial or labor dispute designed to compel the employer to accede to certain demands of the employees Not mere subsistence wage but one sufficient to enable the workers to live in reasonable conflict. Doctrine of participatory democratic in labor relations

Jurisdictional foundation for a compensation claim. An employee can enjoy all the rights and benefits under the labor code if such relationship exists. Created by employment contract. Proof that will indicates that the employer hires him. The employer has the right to regulate, according to his discretion all judgment of employment and disciplinary. When the employee was given a contract there s a stipulation stating that no information must be given out especially to the rival company and the 1 year banned from working in the same institution.

Labor code

Art 1 this decree shall be known as the Labor Code of the Philippines Promulgated on may 1 1974 - Charter of human rights and a bill of obligation for every working man. Art 2 shall take effect after 6 months from the date of the promulgation Effectively November 1, 1974 Art 3 the state shall afford protection to the labor, promote full employment, ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers. The state shall assure the rights of workers to self organization, security of tenure, collective bargaining, and just and humane conditions of work.

Purpose to place the workingman on an equal plane with management will all its power and influence in negotiating for advancement of his interests and the defense of his right. - Protection extends upon all employee who is abused either by the employer or by the union leadership or their respective representatives. Art 4. All doubts in the implementations and interpretation of the provisions of this code, including its implementing rules and regulations shall be resolved in favor of labor. - The principle of the construction in favor of the labor is in accord with the doctrine that those who have less in life should have more in law. - However, the liberal construction in favor of the labor must not sacrifice the fundamental principles of due process for the protection of both the rich and the poor in order to attain proper justice. Art 5. The department of labor and employment 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 15 days after the announcement of their adoption in newspaper of general circulation. - Regulations must be in harmony with the provisions of the law and for the sole purpose of carrying into effect its general provisions. - As long as they relate solely to carrying into effect the provisions of the law, they are valid. - Rules and regulations duly promulgated and adopted in pursuance of properly delegated authority have the force and effect of law where they are legislative in character but rules and regulations which are merely executive or administrative views as to the meaning and construction of the statute are not controlling on the courts and cannot alter or extend the plain meaning of a statue, although they are entitled to great weight where the statutes is ambiguous. Art 6. All rights and benefits granted to workers under this code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural. - Encourage workers to see jobs in agricultural undertakings. Philippines is an agricultural country. - The country s industry development is strengthened through accelerated and improved development of its agricultural economy. - EMPLOYER-EMPLYOYEE RALATIONSHIP - The contract of employment marks the beginning of the employment, not the commencement of the work. - HIRING BY COMPETENT PERSON - If done by an agent with actual authority - With apparent authority - Without authority but subsequently ratified (express or implies) - FOUR FOLD TEST - 1 Manner of selection and engagement of the putative employee - 2 mode of payment of wages - 3 presence or absence of the power of dismissal - 4 presence or absence of power to control the putative employee s conduct - IMPORTANT CONTROL TEST - Where work is performed or services rendered under the control and supervision of the party contracting for the service, not only as to the result of the work but also as to the manner and details of the performance.

Not every form of control establishes EER. A. (no EER) mere guidelines which only promote the result. B. (there s EER) rules that fix the methodology and bind or restrict the party hired to the use of such means or methods. SUSPENSION OF EER (not terminated but only suspended) Regular seasonal employee they suspended until they are re-employed. Cessation of the mill activities by the end of the season Bona fide suspension of period not exceeding 6 months Fulfillment by the employee of a military or civic duty Regular workpool employees while waiting for their assignment Employee was dismissed for a cause but later was reinstated for the cause is false or non-existence Filing of employee of an illegal dismissal Employees who stage legal strike Employees of fishing vessel are daydocked or undergoing TERMINATION OF EER Employer may not terminate the services of the employee except for a just cause or authorize cause. Employee may terminate without just cause, employment relationship by serving a written notice in the employer at least once month in advance. He may terminate the ER without notice under art 285 EFFECTS OF ILLEGAL DISMISSAL Shall be entitled to reinstatement without loss of seniority rights, full backwages inclusive of allowances, damages and other benefits due him computed from the time of his compensation was withheld up to the time of his actual reinstatement. APPLICABILITY NONAPPLICABILITY Civil service law, rules and regulations which the law that governs the terms and condition of employment of all government employees including employees of government-owned or controlled corporations with original charters Subsidiaries or corporate offspring governed by the labor code. THE MANNER-OF-CREATION TEST (original charter test) Corporation is government-owned and controlled if the capital stock is owned by the government even if the corporation is organized in accordance with the corporate law To determine is through the manner of its creation, which such government corporations created by special charters are subject to the provisions while those incorporated under the general corporation law are not within its coverage. WORKING SCHOLARS NOT EMPLOYEES (no EER) Students works for the schools in exchange for the privilege to study free of charge, procided the student are given real opportunity necessary to finish their chosen courses under such arrangement. RESIDENT PHYSICIANS AS EMPLOYEES There s no EER when the resident physicians and training school 1. There is training agreement between them 2. Training program is duly accredited or approved by the appropriate government agency Because the training hospitals is like a medical school for the resident physicians LAWYERS AS EMPLOYEES IN HOUSE LAWYER employed by companies that deals with legal problems resulting from complex business transactions. Under the circumstances, in house lawyer are employees of the company, thus, if an in house lawyer failed to perform

his duties, he can be dismissed. PROFESSORS A EMPLOYEES University exercise an effective control and supervision over the work of professors which includes what subject to be taught , when and where. They receive regular compensations from the university and where their services are proven to be satisfactory, they can be dismissed. STEVEDORES NOT EMPLOYEES Because the shipping company usually contracts out with other companies offering arrastre services. JEEPNEYN DRIVERS AS EMPLOYEES Boundary system, jeepneys driver are not paid a fixed wage, shoulders gas expenses but does not create lessor-lessee relationship because the owner retains control over his vehicle Owners still exercise the control, where or what route to take. CADDIES OF GOLF CLUBS NOT EMPLOYEES Do not observe working hours and are free to leave anytime they please or stay away for as long as they like. CREW MEMBERS NOT EMPLOYEES, JOINT VENTURE RELATIONSHIP Do not receive compensation Divide share in the fish catch Venture into the sea regardless of the instruction of the boat owner under their best judgment in how ling and where they go fishing Crew members join the expedition upon invitation of the ship master even without the knowledge of the boat owner MEDICAL CONSULTANTS NOT EMPLOYEES Not under the effective control and supervision of the former. They receive certain honorarium or fees on matters that require consultation/advice by the consultant