LABOR MIDTERMS MAGIC NOTES!by: OWEN AND RACH
PART 1: INTRODUCTORY MATERIALSSection 1: Labor Law in General
1.01 LABOR LAW DEFINED
Bouvier’s Law Dictionary
. Continued operation; work.2. The labor and skill of one man is frequentlyused in a partnership, and valued as equal to thecapital of another.3. When business has been done for another, andsuit is brought to recover a just reward, there isgenerally contained in the declaration, a countfor work and labor.4. Where penitentiaries exist, persons who havecommitted crimes are condemned to beimprisoned therein at labor.1.02 LAW CLASSIFICATION – LABOR STANDARDS,LABOR RELATIONS, AND WELFARE LAWSBooks and Titles LABOR CODE OF THEPHILIPPINES PD 442 as amendedLabor Standards
Penaranda v Baganga Plywood Corp
Article 82 of the Labor Code exemptsmanagerial employees from the coverage of labor standards. Labor standards provide theworking conditions of employees, includingentitlement to overtime pay and premium pay forworking on rest days.
Batong Buhay Goldmines Inc v dela Serna
Labor standards refers to the minimumrequirements prescribed by existing laws, rulesand regulations relating to wages, hours of work,cost of living allowance and other monetary andwelfare benefits, including occupational, safetyand health standards. Labor standards cases aregoverned by Article 128(b) of the Labor Code. The subject labor standards case of thepetition arose from the visitorial and enforcementpowers by the Regional Director of DOLE. Evenin the absence of E.O. 111, Regional Directorsalready had enforcement powers over moneyclaims, effective under P.D. 850, issued onDecember 16, 1975, which transferred laborstandards cases from the arbitration system tothe enforcement system.1.03 BASIS FOR ENACTMENT
1987 CONSTITUTION ART II SEC 5
Themaintenance of peace and order, the protectionof life, liberty, and property, and promotion of thegeneral welfare are essential for the enjoymentby all the people of the blessings of democracy.
1987 CONSTITUTION ART II SEC 18
The Stateaffirms labor as a primary social economic force.It shall protect the rights of workers and promotetheir welfare.
1987 CONSTITUTION ART XIII SEC 1
TheCongress shall give highest priority to theenactment of measures that protect and enhancethe right of all the people to human dignity,reduce social, economic, and politicalinequalities, and remove cultural inequities byequitably diffusing wealth and political power forthe common good. To this end, the State shall regulate theacquisition, ownership, use, and disposition of property and its increments.Police Power
CMS Estate Inc v Social Security System
The Social Security Law was enactedpursuant to the policy of the government "todevelop, establish gradually and perfect a socialsecurity system which shall be suitable to theneeds of the people throughout the Philippines,and shall provide protection against the hazardsof disability, sickness, old age and death" (Sec. 2,RA 1161, as amended).Membership in the SSS is not a result of bilateral, consensual agreement where the rightsand obligations of the parties are defined by andsubject to their will, RA 1161 requires compulsorycoverage of employees and employers under theSystem. It is actually a legal imposition on saidemployers and employees, designed to providesocial security to the workingmen. The principleof non-impairment of the obligation of contract asprovided in the Bill of Rights is not a properdefense, the enactment being a lawful exerciseof the police power of the State.1.04 SOURCES OF LAWA. Labor Code and Related Special Legislation I(Implementing Rules)B. Contract
Art 1305 CC
A contract is a meeting of mindsbetween two persons whereby one binds himself,with respect to the other, to give something or torender some service.
Art 1306 CC
The contracting parties mayestablish such stipulations, clauses, terms andconditions as they may deem convenient,provided they are not contrary to law, morals,good customs, public order, or public policy.
Kasapian v CA
The MOA, being a contract freely enteredinto by the parties, now constitutes as the lawbetween them, and the interpretation of itscontents purely involves an evaluation of the lawas applied to the facts herein.C. Collective Bargaining Agreement
DOLE Phils v Pawis ng Makabayang Obrero
The exercise of management prerogativeis not unlimited. It is subject to the limitationsprovided by law. In this case, there was a CBA(meal allowance provision is found in theirprevious CBAs, the 1985-1988 CBA and the 1990-1995 CBA), and compliance therewith ismandated by the express policy of the law.D. Past Practices
Davao Fruits Corp v Associated Labor Union
From 1975 to 1981, petitioner had freely,voluntarily and continuously included in thecomputation of its employees' thirteenth monthpay, the payments for sick, vacation andmaternity leaves, premiums for work done onrest days and special holidays, and pay for