Professional Documents
Culture Documents
Labor Law
Things necessary to be put in your head
Constitutional Provision .......................................................................................................................... 1
Simple vs. Qualified Illegal Recruitment................................................................................................... 1
Employer-Employee Relationship: Two-Tiered Test ............................................................................. 2
Book III, Conditions of Employment ........................................................................................................ 2
Exclusions from Standards of Working Conditions & Rest Periods ....................................................... 2
Facilities vs. Supplements .................................................................................................................... 2
Premium Pay Summary ....................................................................................................................... 2
List of Holidays .................................................................................................................................... 3
Leaves ................................................................................................................................................. 3
Anti-Sexual Harassment Act (RA 7877)................................................................................................. 4
Apprenticeship vs. Learnership ............................................................................................................ 4
Labor-Only Contracting........................................................................................................................ 5
SSS, GSIS, and ECSIF................................................................................................................................. 5
Theory of Increased Risk ...................................................................................................................... 6
Going to/Coming from Work Rule (ECC Resolution No. 3914-A [1988]) ............................................. 6
Direct Premises Rule ............................................................................................................................ 6
Limited Portability Law (RA 7699) ............................................................................................................ 7
Termination of Employment .................................................................................................................... 7
Quitclaim - requisites .............................................................................................................................. 8
Constructive Dismissal ............................................................................................................................. 8
Employees Not Covered by the Retirement Law ...................................................................................... 8
Test of supervisory or managerial status (for LabRel) ........................................................................ 8
General Factors in the Determination of the Bargaining Unit ................................................................... 8
CBA Durations ......................................................................................................................................... 8
Bars to Certification Election ................................................................................................................... 9
Elections to Determine the bargaining Agent........................................................................................... 9
Labor Injunction, Requisites (Art 218(e)).................................................................................................. 9
Unfair Labor Practice ............................................................................................................................. 10
Requisites of a Valid Strike/Lock-out (Art. 263) ...................................................................................... 10
Prescriptive Periods ............................................................................................................................... 12
Jurisdiction ............................................................................................................................................ 13
Dichoso |1
Labor Law
Things necessary to be put in your head
CONSTITUTIONAL PROVISION
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.
Simple
Economic Sabotage
As to the number of
persons committing
As to the number of
victims
2 or more
Essential Elements
Venue
Prescription
5 years
20 years
Penalty
Imprisonment:
Prision Mayor
Fine:
200K-500K
Imprisonment:
Life imprisonment
Fine:
500K-1M
Dichoso |2
2. Economic Dependency Test The economic dependence of the worker on his employer based
on the underlying economic realities of the activity or relationship (Francisco vs. NLRC, Kasei Corp.,
etc., GR No. 170087, August 31, 2006)
Supplements
Extra remuneration, special privileges or
benefits given to or received by the laborers
over and above their ordinary earnings or
wages.
Art. 87
Alone
+ 25% (Art. 87)
+ 30% (Art. 93(2))
+ 10% (Art. 86)
+ 100% (Art. 94)
+ 30% (Art. 93(2))
+ 30% (Art. 83)
Art. 93(c)
RW = regular wage
Overtime
Rest day
Night differential
Regular holiday
Special day
6th day (health p.)
+ multiplier
Art. 87
1
1.69
1.5 1.69
2
3
2.6
Sample Situations
5
6
7
9
10
11
2.6 1.38 3.72 2.15 won't happen 1.43 1.43 1.43 1.69
** Double Holiday (ex: Maundy Thursday and Araw ng Kagitingan): 400% of the basic wage
2.6 3.38
Dichoso |3
NOTES:
If there are 2 succeeding holidays, ex: Maundy Thursday and Good Friday, the EE must be
present on the day before the scheduled regular holiday to be entitled to compensation to both;
otherwise, he must work on the first holiday to be entitled to holiday pay on the second regular
holiday.
If the holiday is preceded by the rest day, the employee must work on the day before the
workday to be entitled to the holiday pay. Otherwise, he is not entitled to the holiday pay.
LIST OF HOLIDAYS
Regular Holidays
New Years Day
Maundy Thursday
Good Friday
Araw ng Kagitingan
Labor Day
Independence Day
National Heroes Day
Bonifacio Day
Christmas Day
Rizal Day
Ramadan/ Eidl Fitr (RA 9177)
January 1
Movable Date
Movable Date
April 9
May 1
June 12
Last Monday of August
November 30
December 25
December 30
Movable Date
Special Holidays
All Saints Day
Last day of the year
November 1
December 31
A part-time professor is NOT entitled to a regular holiday pay; however, he is entitled to a special
working holiday pay.
LEAVES
1. Service Incentive Leave Five (5) days leave with pay for every employee who has rendered
at least 1 year of service
2. Paternity Leave seven (7) days. Req: (1) legally married and cohabiting with woman.
(2) only for the first 4 deliveries of legitimate spouse
(3) notification to ER of pregnancy & expected date of
delivery
3. Solo parent Leave/Parental Leave seven (7) days per year. (R.A. 8972) A solo parent is:
a. A woman who gives birth as a result of rape and other crimes against chastity even without
a final conviction of the offender: Provided, That the mother keeps and raises the child;
b-e: Parent left solo or alone with the responsibility of parenthood
due to death of spouse;
while the spouse is detained / serving sentence for a criminal conviction for at least 1 yr
due to physical and/or mental incapacity of spouse as certified by a public medical
practitioner;
due to legal separation or de facto separation from spouse for at least one (1) year, as
long as he/she is entrusted with the custody of the children;
due to declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children;
Dichoso |4
due to abandonment of spouse for at least one (1) year;
f. Unmarried mother/father who has preferred to keep and rear her/his child/children instead
of having others care for them or give them up to a welfare institution;
g. Any other person who solely provides parental care and support to a child or children;
h. Any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.
Specifically for women:
4. Battered woman leave +10 days (R.A. 9262 [VAWC], March 8, 2004)
5. Maternity leave benefit +60 days (R.A. 1161 [SSS law], sec. 14-A);
+78 days in case of caesarian delivery
Requirements: (1) childbirth, abortion, or miscarriage; and
(2) she has paid at least 3 monthly contributions
6. Special leave +2 months following the surgery caused by gynecological disorders (R.A. 9710,
[Magna Carta of Women], Aug 14, 2009, sec 18)
Employers
commitment
Effect of pretermination
Necessity of
DOLE Approval
Age
Exhaustion of
Admin Remedy
Learnership
Practical training for not more than 3
months.
Semi-skilled or in industrial occupations.
Learner must be at least 15 years old.
With commitment to hire the learner as
regular employee if he desires to be
employed after training
the learner is considered a regular
employee. Provided: it be after 2 months of
training and the dismissal is not due to the
fault of the learner.
Does not need prior approval but subject to
DOLEs inspection.
Exhaustion is not required
Prior approval by DOLE of the proposed apprenticeship program is a condition sine qua non before
an apprenticeship agreement can be validly entered into (Nitto Enterprises vs. NLRC [1995])
Dichoso |5
There is no ER-EE relationship between students and schools, where there is a written agreement
between them under which the former agree to work for the latter in exchange for the privilege to
study free of charge. (IRR, Book III Rule X, Sec 14)
LABOR-ONLY CONTRACTING
3.
4.
5.
6.
7.
8.
Exclusions 1.
from 2.
Compulsory
Coverage
3.
4.
Domestic
helpers
whose
monthly income is not less
than P1,000;
Self-employed persons as
determined
by
the
Commission:
Self-employed professionals
Partners & single proprietors;
Actors, & directors;
Professional
athletes,
coaches, trainers, and
Individual
farmers
and
fishermen.
Purely casual employees.
Work performed in an alien
vessel by an employee if he is
employed when such vessel is
outside the Phil.
Employees of the Govt. of the
Phils. or instrument-tality or
agent thereof.
Employees of foreign govt. or
international organizations.
Who pays
Employer and employee
remittances
employees receiving
compensation who
have not reached
compulsory retirement
age irrespective of
employment status
1.
2.
3.
4.
AFP
PNP
Contractual who have
no employer-employee
relationship
Members of the
judiciary and the
Constitutional
Commissions life
insurance only
compulsorily
covered by GSIS or
SSS
2. Any person
employed as casual,
emergency,
temporary, substitute
or contractual
employee
Employer only
Dichoso |6
SSS
Dispute
Settlement
1.
2.
3.
4.
GSIS
1.
2.
3.
4.
ECSIF
1.
2.
3.
4.
Notes:
Common-law spouse are not included as beneficiaries.
Illegitimate and adopted children are included.
No need to memorize beneficiaries; its almost the same as wills.
Req to be compensable: (ECC Guidelines)
(a) EE must be at the place where his work requires him to be
(b) EE must have been performing his official functions
(c) If injury is sustained elsewhere, EE must have been executing an order for the ER.
Any harmful change in the human organism from any accident arising out of and in
the course of employment
time, place & circumstances under w/c accident takes place | origin/cause of accident
GOING TO/COMING FROM WORK RULE (ECC RESOLUTION NO. 3914-A [1988])
Any injury or death of a covered member in an accident while he is going to/or coming from, the
workplace, shall henceforth be duly considered compensable, provided:
(1) The act of EE of going to/coming from the workplace must have been a continuing act, i.e. he
had not been diverted therefrom by any other activity, & he had not departed from his usual
route, to/from his workplace, AND
(2) Regarding an EE on a special errand, the special errand must have been official and in
connection with ihs work.
Dichoso |7
9.
10.
11.
12.
compensable while on a trip undertaken for the benefit of the ER, even if in the course thereof
the EE pursues also a personal purpose (ECC Resolution 99-08-0469)
Special engagement rule (i.e. employer-sponsored activities)
Positional and risks doctrine
When one in the course of his employment is reasonably required to be at a particular place at a
particular time & there meets an accident, although one w/c any other person there and then
present would have met irrespective of his employment, that accident is one arising out of the
employment of the person so injured. (ex: ship that sank in Murillo vs. Mendoza, G.R. 46020)
Assault
Compensable where a rational mind is able to trace the injury to a cause set in motion by the
nature of the employment, or some condition, obligation or incident therein, and not by some
other agency. (Iloilo Dock & Engg Co vs. WCC [1968])
Larking or horseplaying, because it is too common in factory life
TERMINATION OF EMPLOYMENT
Termination by Employer
JUST CAUSE
Grounds 1. Serious misconduct or willful disobedience
2. Gross and habitual neglect of duties
3. Fraud or willful breach of trust
(loss of trust and confidence)
4. Abandonment of employment
5. Pursuant to a union security clause (282)
Procedure Two-notices: (1) notice specifying the grounds
for which dismissal is sought and, after hearing
or opportunity to be heard1, (2) a notice of the
decision to dismiss
Separation
Pay
NOT ENTITLED
Nominal
Damages
1
50,000 (bigger)
AUTHORIZED CAUSE
1.
2.
3.
4.
5.
Dichoso |8
QUITCLAIM - REQUISITES
1. No fraud or deceit on the part of any of the parties;
2. Consideration for the quitclaim is credible and reasonable; and
3. Contract is not contrary to law, public order, public policy, morals or good customs or prejudicial
to third person with a right recognized by law. (Danzas Intercontinental, Inc vs. Daguman, April 15,2005)
4. Quitclaim should be executed voluntarily. (Sime Darby Pilipinas,Inc. vs Arugilla, June 8, 2006)
CONSTRUCTIVE DISMISSAL
an involuntary resignation resorted to when continued employment is rendered
impossible, unreasonable, or unlikely that it could foreclose any choice by him except to forego
his continued employment. (Unicorn Safety Glass, Inc. vs. Basarte, November 25, 2004)
CBA DURATIONS
1. 5 years Term of any CBA that the parties may enter into, insofar as the representation aspect
is concerned.
2. 3 years after the execution of the CBA all other provisions of the CBA shall be renegotiated.
3. 6 months from the date of expiry of the term of such other provisions as fixed in the CBA
agreements entered into within this period shall retroact to the day immediately following such
date.
4. Outside 60 days immediately before the expiry of such five-year term of the CBA:
Dichoso |9
a. No petition questioning the majority status of the incumbent bargaining agent shall be
entertained by the DOLE
b. No certification election shall be conducted by the DOLE
c. Representation case shall not be affected by a CBA when the same is registered before
or during this period.
D i c h o s o | 10
4.
5.
6.
2
3
D i c h o s o | 11
6. A decision to declare a strike/lock-out must be approved by a majority of the total union
membership in the bargaining unit concerned/members of the partnership or board of directors
NOTE: Both the cooling-off period AND 7-day waiting period must be complied with. If the
commencement of the periods overlaps, both periods must be added (i.e. 15+7 or 30+7 days)
D i c h o s o | 12
PRESCRIPTIVE PERIODS
1. All labor claims
GEN Rule: 3 years (includes: purely money claims, Incremental proceeds out of tuition fee hikes,
Employees compensation cases (under Book IV of the Labor Code), Union funds)
XPN:
a. Illegal dismissal 4 years (injury to the right to property, civil code apply [1146])
b. Reinstatement 4 years (follows illegal dismissal [Gallanta vs. Carnation])
2. Criminal Cases
Gen Rule: 3 years
XPN:
a. Simple illegal recruitment 5 years
b. Large scale and syndicated constituting economic sabotage 20 years
c. ULP as a criminal offense 1 year
3. SSS
Gen Rule: 10 years
XPN: non-payment of premiums 20 years
4. GSIS claims
Gen Rule: 4 years
XPN: imprescriptible under R.A. 8291
a. Insurance claim
b. Retirement claim
D i c h o s o | 13
JURISDICTION
C O U R T
Rule 65
NLRC
No MR allowed.
GEN: 10 calendar days
XPN: Indirect contempt
cases (5 caldendar days)
Rule 65
O F
A P P E A L S
Rule 43
Rule 65
LA
CE order
or results
(A. 259)
Med Arbiter
Union registration cases
(cancellation, etc.)
VA
ECC
Rule 65
NWPC
ECC
Claims
POEA
Visitorial &
Enforcement
Powers (128)
Rule 43
NCMB
(Med-Con)
GRIEVANCE
MACHINERY
SSS/GSIS
RTWPB
Legend:
NLRC National Labor Relations Commission
BLR Bureau of Labor Relations
NCMB National Conciliation Mediation Board
DOLE Department of Labor and Employment
VA Voluntary Arbitrator
LA Labor Arbitrator
MED-CON Mediator-Conciliator
ECC Employees Compensation Commission
NWPC National Wages and Productivity Commn
RTWPB Regional Tripartite Wages and
Productivity Board
SSS Social Security System
GSIS Government Service Insurance System