Week of 0820-0825

22/08/18 EH401 (Labor 1 Questions)

1. What are the limitations or prohibitions on the part of the employer under the Labor Code? (Actually gibalik ni niya ang
question from yesterday)

Article 259, Labor Code. Are you telling me that an employer cannot require an employee not to join labor union or
organization?

So, if I am the employer and I announced that there is vacancy in my company and there goes the job applicants. And I
say to the job applicant (not yet an employee) that he/she is hired yet I added that “in my company, we omit the joining of
labor unions or organizations, is it valid or not?” Even if the person is still not employed?

Does the law require that he/she must be an employee already?

Are the limitations or prohibitions on the part of the employer under the Labor Code applicable to the employees or also to
the job applicants?

What’s the reason for the prohibition (Article 259, Unfair Labor Practices of Employers?

How is this “right to join, form and assist labor organizations/unions” described under the 1987 Constitution?

What kind of right is mentioned in the Philippine Constitution that would include to join labor organization?

Give another limitation under the Labor Code. –Minimum Employable Age (Article 139, Labor).
If I own a convenience store, can I hire children 15 years old and above? Yes or no? Qualify your answer.

So, can you hire a person (aging 15 years old and above) with a condition that he/she must be employed within the
family?

What about children below 15, can they be hired in an undertaking which is hazardous and deleterious in nature?

Do we have existing regulations on what are considered as hazardous and deleterious undertaking?

Does that Department Order (DOLE DO No. 149, S. 2016) enumerate to us what is considered hazardous and deleterious
undertaking or not?

Can you categorize the major classifications (under the DOLE DO No. 149)?

Identify first the major classifications. Identify the first classification, then second….Enumerate what are under it.

Give one limitation under the Special Laws. –Anti-Sexual Harassment Act

What is prohibited under that Act?

So, if there is a job applicant and I tell him/her, “have sex with me and you are employed tomorrow,” is that illegal?

What is the gravamen of the offense of sexual harassment?

Give another law. –General Banking Laws of 2000

What is prohibited on the part of the employer/bank?

Who, within the bank, are handling bank deposits? What positions?

Are you telling me that the bank cannot hire a bank teller under casual employment?

What is wrong with casual employment?

Does that law prohibit employment of probationary worker?

Next special law. –Responsible Parenthood and Reproductive Health Act of 2012
What is the prohibition under that law?

If I prohibit my employees to use these modern methods of family planning, is it valid or not? Why? What does the law
prohibit?
8/20/18 (EH401)
LABOR LAW questions as recorded by Kenn Angelique A. Dadol

1.What are the constitutional rights of workers in relation to labor standards?

2.What is the so called "four-fold test" in relation to the concept of employer-employee relationship?

3.Which of the four is the most important element?

4.Can we apply the so called "four-fold test" when there is no dispute or doubt on the systems of employer-employee
relationship?

5.What is the importance of this "four-fold test" for purposes of labor standards?

Are you telling us that if there exists an employer-employee relationship, there is a prescribed hours of work?

6.Which one is the first of the "four-fold test"?

7.Where does this prerogative belong to?

Is this what we call management prerogative? How do you define management prerogative?

8.Is this power of selection and management of employees by the employer an absolute power?

Are you telling us that there are limitations or restrictions in the exercise of this prerogative?
Where can you find this limitations or restrictions?

When you speak of the law, what law are you referring to?

Mention one under the Labor Code of the Philippines.

Article 136 (Labor Code). What condition can an employer not impose prior to employment?
Read the provision and say it in your own words (Article 136, Labor Code).

What is the reason behind the law (Article 136, Labor Code)?

What is the effect if the woman abides to this prohibition (Article 136, Labor Code)?
What relationship is formed when you enter into a relationship without the benefit of marriage? Is it lawful or unlawful?
How about with the benefit of marriage?

How does the Catholic Church view a relationship without the benefit of marriage?

Is there any other provision in the Labor Code that is prohibited to the employer prior to hiring?
Article 139, Labor Code. So, can I hire persons who are 16 years old and above?

So, if i own a convenience store and I hire persons aging 16 years and above, is it lawful or not?

Would your answer be the same if the business that I am engaged in relates to business of firecrackers and explosives?
What is the prohibition under the Labor Code? Is it lawful or not?

Would your answer be the same if the persons who are 16 years old are under the direct supervision of their parents and
guardians? Is it lawful or not?

Give another provision under the Labor Code.

Article 248, Labor Code.

What does it prohibit?

What does the employer limited to prohibit?
Why? What is in joining labor organization?
What is within the scope of right to self-organization as provided by the 1987 Constitution?

Choose one prohibition under the special laws.

Magna Carta for Disabled Person (RA 7277). What is the prohibition under this law?

So, if I am the employer and there is a job applicant for teaching profession and the job applicant has only one leg, and I
won't entertain his application by reason of that, is it legal or illegal?

In relation to question no. 33, would it violate the Magna Carta for Disabled Person? Why?
So, if the job applicant is deaf and mute, and I deny his application, is it legal or illegal? Is it valid to deny his application?