Labor Law - Atty.

Metmug
(After Midterms)

• What is Article 106 of the Labor Code all about?

• What is labor-only contracting?

• What is the effect in finding the existence of labor-only contracting?

• The test to determine whether one is an independent contractor?

• What is legitimate job contracting?

How many parties?

Can there be an employer-employee relationship between the principal and

workers?

-Yes. Limited employer-employee relationship for purposes of paying the

workers wages.

• Why was D.O. 174 issued?

-To re affirm the constitutional right of security of tenure

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• Prohibited acts under D.O. 174?

• Who has the power to set minimum wage?

• What is the effect of a wage order without public hearing?

-Null and void

• Are there persons or entities exempted from the minimum wage?

• What is the effect when an employer does not comply with the minimum wage order?

-Double indemnity shall be due to the employee

-Criminal prosecution

• What is wage distortion?

What is its effect?

How do you correct wage distortion?

-for organized establishment, the CBA

-for unorganized establishment, the NCMB

• What is CBA creditability?

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• When can the increase in the CBA be used as a compliance in the minimum wage
order?

• What is workers preference in the context of bankruptcy?

• What is covered by workers preference?

• Which prevails between workers preference and mortgage credit in relation to

employers liability?

Workers preference and tax credit?

• What are allowable deductions to employee's salaries and wages?

• Is a non-regular employee entitled to labor standard benefits?

• When does workers preference takes place?

• Meaning of Principle on prohibition of wages?

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• What are deductible form wages?

-Garnishment

-Union dues

• What is the concept of attorney’s fees in labor cases?

When can it be demanded?

• What is the visitorial power of the Secretary of Labor?

• Enforcement power of the Secretary of Labor?

4

Jurisdiction - No limitation as to the amount of claim

Adjudicatory power - limited to P5,000 and must not have a claim for
reinstatement

• Requisites before the secretary of labor exercises visitorial power?

-Employer-employee relationship

-a violation of Labor Standards

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• Special classes of workers?

-Domestic Helper; Child Worker; Apprentice; Learner; Handicap Worker;

Women; and Alien

• What are the special kinds of leave? Explain each.

• What is the effect if apprenticeship agreement is not approved by the DOLE?

• What is the effect of the status of the employment of apprentice which apprenticeship
agreement was not approved by the DOLE?

• Instances when a learner may be hired?

-To prevent containment

-When it does not include unfair competition

• What makes a worker handicapped?

• Woman worker's features? (Starpaper vs. Simbol, G.R. 164774; Duncan case, G.R. 170661)

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• Alien worker’s features?

-their practice is regulated by the government

-can exercise self organization, provided their country allows Filipino also 6

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