2017 BAR EXAMINATIONS LABOR LAW AND SOCIAL LEGISLATION |. Fundamental Principles and Concepts A. Legal basis 1. 1987 Constitution (State policies, Bill of Rights & Social Justice) 2. Articles 1700 and 1702, Civil Code B. Construction in favor of labor C. Social Justice Il. Recruitment and Placement A. Illegal recruitment 1, Elements Prohibited activities Types of illegal recruitment Illegal recruitment versus estafa QRWN Liability of Local recruitment agency and Foreign employer a. Solidary liability b. Theory of imputed knowledge 6. Termination of contract of migrant worker without just or valid cause 7. Direct hiring B. Regulation of Recruitment and Placement Activities Employment of Non-resident Aliens D. Training and Employment of Special Workers 1. Apprentices and Learners 2. Disabled workers a. Equal opportunity b. Discrimination on employment Ill. Labor Standards A. Conditions of employment 1. Scope2017 Bar Examinations Labor Law and Social Legislation zsaroao . Hours of work a. Principles in determining hours worked b. Normal hours of work i. Compressed work week ii. Power interruptions/brownout . Meal Break Waiting time Overtime Night shift differential Rest periods Holiday pay, 13" month pay Service Charge B. Wages ORON . Wage versus salary . Payment of wages . Facilities versus supplements . Non-diminution of benefits Prohibitions regarding wages 6. Wage order, Wage Distortion Cc. Leaves 4 2, 3. 4. 5. Service Incentive Leave . Maternity Leave Paternity Leave . Parental Leave for solo parents . Special Leaves for women workers (Magna Carta for Women) D. Special Groups of Employees 1 PRON Women a. Discrimination b. Stipulation against marriage c. Prohibited acts d. Sexual Harassment Minors Kasambahay Homeworkers Night workers Page 2 of 62017 Bar Examinations Labor Law and Social Legislation IV. Post-Employment A. Employer-employee relationship 1. Tests to determine employer-employee relationship 2. Kinds of employment 3. Subcontracting versus Labor-Only Contracting a. Elements b. Trilateral relationship c. Solidary liability B. Termination of Employment 1. Termination by Employee a. Resignation versus Constructive dismissal 2. Termination by Employer a. Just Causes b. Authorized Causes c. Due Process 1. Twin-notice requirement 2. Hearing; Ample opportunity to be heard 3. Reliefs for Illegal Dismissal 4. Preventive Suspension C. Retirement V. Management Prerogative vl A Discipline Transfer of employees Productivity standard Bonus Change of working hours Marriage between employees of competitor ee Post-Employment ban on7moos |. Social Welfare Legislation A. SSS Law 4. Coverage and Exclusions 2. Dependents, beneficiaries 3. Benefits Page 3 of 6