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Labor Law - Syllabus 2017
Labor Law - Syllabus 2017
LABOR RELATIONS
Grading:
Midterm Examination 25%
Final Examinations 30%
Recitation 25%
Attendance 20%
Total: 100%
Guide Book: The Labor Code With Comments and Cases , 2013
Edition No. 8
(Cesario A. Azucena Jr.)
A. Constitutional provisions
B. Civil Code
1. Articles 1700 and 1701
2. Art. 1703 to 1712.
Article 1700. New Civil Code. The relations between capital and
labor are not merely contractual. They are so impressed with public
interest that labor contacts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shops,
wages, working conditions, hours of labor and similar subjects.
Art. 1701 Neither capital nor labor shall act oppressively against
the other, or impair the interest or convenience of the public.
Art. 19 to 35.
The anti-social and oppressive abuse of its right to investigate and
dismiss its employees constitute a violation of Article 1701 of the
New Civil Code which prohibits acts of oppression by either capital
or labor against the other, and Article 21 on human relations. The
grant of moral damages to the employees by reason of such conduct
on the part of the company is sanctioned by Article 2219, No. 10 of
the Civil Code, which allows recovery of such damages in actions
referred to in Article 21 to 35.
Labor Code:1
Constitution:
ART II
1
Labor Code renumbered as a result of Republic No. 10151 entitled, "AN ACT ALLOWING THE
EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF
PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THE PHILIPPINES."
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For Civil Service Employees
2
SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
ARTICLE III
ART XII
Termination of Employment
A. Employer-employee relationship
1. Four-fold test
2. Probationary employment
3. Kinds of employment
a) Regular employment
b) Project employment
c) Seasonal employment
d) Casual employment
e) Fixed term employment
Define "ENDO".
B. Termination of employment
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(v) Termination of employment pursuant to a union security
clause
(vi) Totality of infractions doctrine
Must the rule of discipline also be fair per se? Is this part of
substantive due process?
d. ) Retirement
a) Reinstatement aspect
c) Backwages
d) Constructive dismissal
4. Preventive suspension
5. Quitclaims.
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Management Prerogative
A. Discipline
B. Transfer of employees
Labor Relations
A. Right to self-organization
2. Bargaining unit
a) Test to determine the constituency of an appropriate
bargaining unit
b) Voluntary recognition
(i) Requirements
c) Certification election
(i) In an unorganized establishment
(ii) In an organized establishment
(iii) Rules prohibiting the filing of petition for certification
election
(iv) Requirements for validity of certification election
(v) Protests and other questions arising from conduct of
certification election
d) Run-off election
e) Re-run election
f) Consent election
g) Affiliation and disaffiliation of the local union from the
mother union
(i) Substitutionary doctrine
a) Grievance procedure
b) Voluntary arbitration
c) No strike-no lockout clause
d) Labor management council
a) ULP of employers
b) ULP of labor organizations
1. Jurisdiction
2. Requirements to perfect appeal
F. DOLE secretary
1. Visitorial and enforcement powers
2. Power to suspend effects of termination
G. Voluntary arbitrators
1. Submission agreement
2. Rule 43, Rules of Court ; Phil. Electric case G.R. 168612
Dec. 10, 2014 ---appeal is now ten days.
H. Court of Appeals
1. Rule 65, Rules of Court
I. Supreme Court
1. Rule 45, Rules of Court
J. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses penalized by the Labor Code and Implementing
Rules and regulations issued pursuant thereto
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CASES:
Introduction:
Section 232
Montano v. Verceles
July 26, 2010 – concurrent jurisdiction of BLR and Reg.
Director in inter and intra union disputes?
Art. 252
Art. 253
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BSP v. COA June 7, 2011
Is BSP government or private?
Art. 258
VA Art 272
Casiano Navarro III v. Damasco
July 14, 1995
Code of conduct violation- need to go thru grievance
machinery?
ILLEGAL OR NOT?
TERMINATION OF EMPLOYMENT
Security of tenure
STATUS of EMPLOYEES
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FVR Skills v. Seva Oct. 22, 2014- Janitor- regular or project?
Teachers:
Journalist:
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Alilem Multi-Purpose Cooperative v. Bandiola ( Feb 25, 2013,
G.R. No. 173489) - Engaging in Illicit Sexual relations
prohibited under a personnel policy is a ground for termination
even if does not connect to the performance of his duties. - co-
employee complains that married employee having relationship
with co-employee's sister.
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Analogous causes:
SERIOUS LOSSES
BACKWAGES
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