Chan Robles Virtual Law Library

SYLLABUS FOR 2011 BAR EXAMINATIONS

LABOR LAW
A. FUNDAMENTAL PRINCIPLES AND POLICIES 1. Constitutional Provisions a. Art II, Secs. 9, 10, 11, 13, 14, 18, 20. b. Art III, Secs. 1, 4, 8. c. Art. XIII, Secs. 1, 2, 3, 14. New Civil Code a. Article 1700 Labor Code a. Article 3 b. Article 211 c. Article 212 d. Article 255

2. 3.

B. RECRUITMENT AND PLACEMENT 1. Recruitment of Local and Migrant Workers a. Recruitment and placement; defined b. Illegal Recruitment, Art. 38 (Local), Sec. 6, Migrant Workers Act, RA 8042 (a) License vs. Authority (b) Essential elements of illegal recruitment (c) Simple illegal recruitment (d) Illegal recruitment in large scale (e) Illegal recruitment as economic sabotage (f) Illegal Recruitment vs. Estafa (g) Liabilities (a) local employment agency (b) foreign employer i. Theory of imputed knowledge (h) c. 2. Direct hiring Pretermination of contract of migrant worker

Regulation and Enforcement a. Remittance of foreign exchange earnings b. Prohibited activities c. Regulatory and visitorial powers of the Labor Secretary

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Coverage/Exclusions b. commuting time. Non-diminution of benefits h. Worker’s preference in case of bankruptcy i. LABOR STANDARDS 1. “No work no pay” principle b. Penalties for illegal recruitment C. Attorney’s fees and union service fee in labor cases l. Meal Break f.chanrobles. salaries e. Right to holiday pay (1) In case of absences (2) In case of temporary cessation of work www. b. c. Overtime work (a) Undertime not offset by overtime (b) Waiver of overtime pay h. Allowable deductions without employee’s consent k. i. travel time. whether part of hours of work or not g. Night Work CBA provision vis-à-vis overtime work Wages a. Idle time.com . Wages vs. Holidays a. Coverage/Exclusions c. Criteria/Factors for Wage Setting Rest Day a. 3. CBA vis-à-vis Wage Orders – CBA creditability g. Labor Code provisions for wage protection j. Normal Hours of Work (a) Exceptions (a) Health Personnel (b) Compressed Work Week d. 2. Right to weekly rest day Preference of the employee When work on rest day authorized 4. waiting time.Chan Robles Virtual Law Library d. Hours of Work a. Work interruption due to brownouts e. Wage distortion f. Facilities vs supplements d.

(1) (2) (3) c.com . Integration 7. 5. Exclusion c. etc. Distribution d. Coverage b. (1) (2) (3) e.chanrobles. Thirteenth (13th) Month Pay and other bonuses  Coverage  Exclusion/Exemptions from coverage  Nature of 13th month pay  Commissions vis-à-vis 13th month pay  CBA vis-à-vis 13th month pay 8. Service Incentive Leave Pay (1) Right to service incentive leave (2) Exclusions from coverage (3) Commutable nature of benefit b. seafarers. Women Workers www. Service Charges a. Leaves a. (1) (2) (3) d. seasonal workers. (1) (2) (3) Maternity Leave Coverage Conditions to entitlement Availment Paternity Leave Coverage Conditions to entitlement Availment Parental Leave Coverage Conditions to entitlement Availment Leaves for victims of violence against women Coverage Conditions to entitlement Availment 6.Chan Robles Virtual Law Library (3) Of teachers. Exclusions from coverage b. piece workers.

Employment of the child in public entertainment c. Apprentices and Learners a. Definition of “handicapped workers” b. Prohibitions on discrimination against disable persons d. Rights and benefits accorded homeworkers c.Chan Robles Virtual Law Library a. Discrimination (Art. Definition b. b. c. TERMINATION OF EMPLOYMENT 1. 136. Probationary Employment c. Employment of Househelpers a. Benefits accorded househelpers c. Handicapped Workers (RA 7277) a.com . LC) Classification of certain women workers (Art.chanrobles. Incentives for employers D. Rights of disabled workers c. 138. Minor Workers (RA 7678. Conditions for deduction from homewoker’s earnings 12. LC) Prohibited Acts (Art. Termination d. Reliefs for unjust termination 11. Kinds of Employment (1) Regular employment (a) Reasonable connection rule (2) Project employment (a) Indicators of project employment (3) Seasonal employment (4) Casual employment (5) Fixed term employment www. Definition b. 135. RA 9231) a. e. LC) Stipulation against marriage (Art. Regulation of working hours of a child b. Four-fold Test b. Prohibition of employing minors in certain undertakings and in certain advertisements 10. Distinctions between Learnership and Apprenticeship 13. d. Employment of Homeworkers a. 137. LC) Anti-Sexual Harassment Act (RA 7877) 9. Employer-Employee Relationship a.

Chan Robles Virtual Law Library (a) Requisites for validity d. Criteria in selecting employees for dismissal iv. Substantive Due Process (a) Just Causes Serious misconduct or willful disobedience i. Elements that must concur (e) Termination of employment pursuant to a Union Security Clause (f) Totality of infractions doctrine (b) Authorized Causes (a) Redundancy. Procedural steps required ii. Requisites (c) Fraud or willful breach of trust (loss of trust and confidence) i. Retrenchment and Closure i. Standards to be followed (b) Disease or illness i. www. Requisites (d) Abandonment of employment. Requirements for valid retrenchment/redundancy iii. Requisites (a) b.chanrobles. Termination of Employment a.com . Procedural Due Process (1) Procedure to be observed in termination cases (2) Guiding Principles in connection with the hearing requirements in dismissal cases (c) Agabon doctrine Reliefs for illegal dismissal (1) Reinstatement aspect (a) Immediately executory c. Job contracting and Labor-only contracting (1) When is there “job contracting”? (2) When is there “labor-only contracting”? (3) Conditions that must concur in legitimate job contracting (4) Effects of finding that there is labor-only contracting 2. Requisites (b) Gross and habitual neglect of duties i.

c. 8. a.Chan Robles Virtual Law Library i. Exclusions from coverage c. GSIS (RA 8291) a. SOCIAL LEGISLATION 1. Payroll reinstatement (2) Separation pay in lieu of Reinstatement (a) Strained Relation rule (3) Backwages (a) Components of the amount of backwages Constructive dismissal Preventive Suspension Quitclaims Termination of employment by employee (4) (5) (6) (7) 3.com . Beneficiaries 3. Exclusions from coverage c. Actual reinstatement ii. Limited Portability Law (RA 7699) www.chanrobles. Retirement Pay Law a. 3. d. Coverage b. Retirement pay under RA 7641 vis-à-vis retirement benefits under SSS and GSIS laws E. 6. 5. 7. Coverage b. MANAGEMENT PREROGATIVE 1. Components of retirement pay d. SSS Law (RA 8282) Coverage Exclusions from coverage Benefits Beneficiaries 2. 4. Benefits d. b. Discipline Transfer of employees Productivity standard Grant of Bonus Change of working hours Marital discrimination Post-employment ban Limitations in its exercise F. 2.

Right to Self-organization Who may unionize for purposes of collective bargaining (1) Who cannot form.Chan Robles Virtual Law Library 4. join or assist labor organizations (2) Executive Order No. Right to Collective Bargaining a. 180 Bargaining unit (1) Test to determine the constituency of an appropriate bargaining unit (2) Voluntary Recognition (a) Requirements (3) Certification election (a) In an unorganized establishment (b) In an organized establishment (c) Rules prohibiting the filing of petition for certification election (d) Requirements for validity of certification election (e) Protests and other questions arising from conduct of certification election (4) Run-off election (a) Requirements (5) Re-run election (6) Consent election (7) Affiliation and disaffiliation of the local union from the mother union (a) Substitutionary doctrine (8) Union dues and special assessments (a) Requirements for validity (9) Agency fees (a) Requisites for assessment 2. LABOR RELATIONS LAW 1.chanrobles.com . a. www. Employee’s Compensation – Coverage and when compensable G. Mandatory provisions of CBA (1) Grievance Procedure (2) Voluntary Arbitration (3) No Strike-No Lockout Clause (4) Labor Management Council b. Duty to bargain collectively (1) Kiok Loy ruling b.

PROCEDURE AND JURISDICTION 1. Requisites for lawful picketing f. Right to Peaceful Concerted Activities a. Illegal Strike (1) Liability of officers of the unions (2) Liability of ordinary workers (3) Waiver of illegality of strike j. Effect of self-executing order of reinstatement on backwages c. Who may declare a strike or lockout? c.com . Requisites for a valid strike d. Effect of NLRC reversal of Labor Arbiter’s order of reinstatement c. 3.chanrobles. Jurisdiction b. www. Requirements to perfect appeal to NLRC National Labor Relations Commission (NLRC) a. Effect of defiance of Assumption or Certification Orders i.Chan Robles Virtual Law Library c. Injunctions (1) Requisites for Labor Injunctions (2) “Innocent Bystander Rule” H. Requirements to perfect appeal to Court of Appeals 2. Labor Arbiter a. Assumption of jurisdiction by the Secretary of Labor or Certification of the Labor dispute to the NLRC for compulsory arbitration g. ULP in Collective Bargaining (1) Bargaining in bad faith (2) Refusal to bargain (3) Individual bargaining (4) Blue sky bargaining (5) Surface bargaining Unfair Labor Practice (1) ULP of Employers (2) ULP of Labor Organizations d. Jurisdictions b. Forms of Concerted Activities b. Nature of Assumption Order or Certification Order h. Requisites for a valid lockout e.

Rules of Court Supreme Court a. Offenses penalized by the Labor Code and IRR issued pursuant thereto 4. Rules of Court Prescription of Actions a. 5. Rules of Court Court of Appeals a. Rule 45.Chan Robles Virtual Law Library 3. Bureau of Labor Relations (BLR) – Med Arbiters a. www. Small money claims DOLE Secretary a. Rule 43. 6. Visitorial and Enforcement Powers b. . Conciliation vs. 9. Unfair labor practice d.chanrobles. Jurisdiction (Original and Appellate) National Conciliation and Mediation Board (NCMB) a. 10. Rule 65. Mediation b. Submission Agreement b.com . 7. Power to suspend effects of termination Voluntary Arbitrators a. 8. Money claims b. Preventive Mediation DOLE Regional Directors a. Illegal dismissal c.

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