LABOR LAW REVIEW Course framework for Labor Law Review Dean Porfirio DG. Panganiban, Jr. CHAIRMAN - Labor Law Department, AUSL Suggested References: DUKA, Cecilio D., LABOR LAWS AND SOCIAL LEGISLATION, A Barrister’s Companion CHAN, Joselito G., Labor Code Annotated Vol. I Labor Standards and Welfare AND Vol. II Labor Relations and Termination of Employment BACUNGAN, Froilan, LABOR AND SOCIAL LEGISLATION, An Updated Systematic Presentation AZUCENA, Cesari Alverio, Jr, THE LABOR CODE WITH COMMENTS AND CASES VOL. I AND VOL. I-A Labor Relations and Employment Termination ABAD and ABAD. Compendium on Labor Law . Fundamental Principles and Policies ‘A. Constitutional provisions related to Labor Article II. Sees. 2, 9, 10, 11, 13, 14, 18, and 20 Article. III, Secs. 1, 4, 7, 8, 10, 16, and 18(2). Article. IX B, Sec. 2B Article. XII, Sec. 12 Article XIII, Sees. 1, 2, 3, 13, and 14. a. Cardinal Rights of Labor gbe pe B. Civil Code provisions related to Labor Article 17 Article 19 Article 1700-1712 Article 1713-1731 Pepe C. Significant Labor Law Provisions 2. Article 4 3. Article 172 (166) 4, Article 218 (211) 5. Article 219 (212) 6. Article 267 (255) 7-Atticle 292 (277) D. Social Justice 1. Concept 2. Governing principle: Law or Contract 3. Calalang vs.WilliamsII. Recruitment and Placement REPUBLIC ACT No. 10022 in relation to and amending RA 8042 2002 POEA Rules on Overseas Employment of OFW’s 2003 POEA Rules on Overseas Employment of Seafarer’s Omnibus IRR of RA 8042 as amended by RA 10022 Rules and Regulations on the Employment of Seafarer’s ONBOARD Philippine Registered Ships Engaged in International Voyage — DEPARTMENT ORDER No. 130- Series of 2013. © 2016 REVISED POEA RULES NAD REGULATIONS GOVERNING THE RECRUITMENT AND EMPLOYMENT OF SEAFARER’S. o 2016 REVISED POEA RULES AND REGULATIONS GOVERNING RECRUITMENT AND EMPLOYMENT OF LANDBASED OVERSEAS FILIPINO WORKERS. o REPUBLIC ACT No. 10801. OVERSEAS WORKERS WELFARE ACT © OWWA RESOLUTION No. 015 SERIES of 2016. IRR of RA No. 10801 00000 A. Recruitment of local and migrant workers 1, [legal recruitment (Sec. 5, R.A. No. 10022) a) License vs. authority ) Essential elements of illegal recruitment ©) Mala in se vs. Malum Prohibitum 4) Simple illegal recruitment €) Illegal recruitment in large scale £) Ilegal recruitment as economic sabotage ) Mlegal recruitment vs. estafa h) Liabilities (i) Local recruitment agency Gi) Foreign employer (a) Theory of imputed knowledge (iii) Solidary liability h) Pre-termination of contract of migrant worker i) One Country Approach Principle 2, Direct hiring B, Regulation and enforcement 1, Suspension or cancellation of license or authority (Art. 35, Labor Code) 2, Regulatory and visitorial powers of the DOLE secretary 3, Remittance of foreign exchange earnings 4. Prohibited activities C, EXECUTIVE ORDER NO. 797 REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT, CREATING THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, AND FOR OTHER PURPOSES ACT of 1982 D. Recruitment under Art. 38 and RA No. 10022 E, Penaties F. Money Claims Under Ra No. 10022 G. Doctrine Of Imputed KnowledgeIII. Labor Standards A. Hours of work 1, Coverage/Exclusions (Art. 82, Labor Code) 2. Normal hours of work a) Compressed work week 3. Meal break 4. Waiting time 5. Overtime work, overtime pay 6. Night work (R.A. No. 10151), Night shift differential 7. Part-time work 8. Contract for piece work (see Civil Code) B. Wages 1. Wage vs. Salary 2, Minimum wage defined, Minimum wage setting 3, Minimum wage of workers paid by results a) Workers paid by results b) Apprentices c) Learners 4) Persons with disability 4. Commissions a) Commission based employees 1. Concept 2. Purely Commission based employee 3. Partially Paid in Commission 4. Benefits 5. Supplements vs. Facilities, a. Kinds b. Mlustration ¢. Inclusive of wages vs. add on benefit 6. Recognized Deductions from wages 7. Non-diminution of benefits 8. Wage Distortion/Rectification 9. Divisor to determine daily rate 10. Minimum Wage C. Rest Periods 1, Weekly rest day 2, Emergency rest day work 3. Exceptions D. Holiday pay/Premium pay 1. Coverage, exclusions 2. Teachers, piece workers, takay, seasonal workers, seafarers 3. Security Guards E, Leaves 1. Service Incentive Leave 2. Maternity Leave 3. Paternity Leave 4. Parental Leave (R.A. No. 8972) 5. Battered Woman Leave. Leave for Victims of Violence against Women and Children (RA. No. 9262) 6. Special leave benefit for women. 7. Gynecological Leave. R.A. No. 9710 - The Magna Carta of Women.F, Service Charge G. Presidential Decree No. 851 -Thirteenth Month Pay Law and IRR, Exceptions. Republic Act No. 10653 in relation with Bureau of Internal Revenue (BIR) issued Revenue Regulations (RR) 3-2015 H. 1g!" Month pay, New Tax Obligation Rate under TRAIN Law for 2018 Onwards H. Separation Pay I. Retirement Pay 1. Eligibility 2. Amount 3. Retirement benefits of workers paid by results 4. Retirement benefits of part-time workers 5. Taxability J. Women Workers 1. Provisions against discrimination 2. Stipulation against marriage 3. Prohibited acts 4. Anti-Sexual Harassment Act (R.A. No. 7877) K. Employment of Minors (Labor Code and R.A. No. 7678, R.A. No. 9231) L. Househelpers (Labor Code as amended by R.A. No. 7655, An Act Increasing the Minimum ‘Wage of Househelpers; see also — Household Service under the Civil Code). Republic Act No. 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic Workers, otherwise known as ‘Domestic Workers Act’ or 'Batas Kasambahay.’ M. Employment of Homeworkers N. Apprentices and Learners O. Persons with disability (R.A. No. 7277, as amended by R.A. No. 9442) a. Definition ‘b. Rights of persons with disability c. Prohibition on discrimination against persons with disability 4. Incentives for employers IV. Termination of Employment A. Employer-employee relationship 1, Four-fold test a. Important Test b. Other test used to determine relationship 2, Kinds of employment a. Probationary b. Regular c. Project employment d. Seasonal e. Casual f, Fixed-term Independent Contracting a. Articles 106 to 109 of the Labor Code. Job Contracting vs. Labor Only Contracting ¢. Department Order No. 18-8 d. Department Circular No. 01-12 ¢. Effects of Labor-Only Contracting £ Trilateral relationship in job contracting B. Dismissal from employment 1. Just Causes 2. Authorized Causes 3. Due Process a, Twin-notice Requirement/Rule b. Hearing; meaning of opportunity to be heard. ‘c. When notices may be dispensed d. Abandonment C. Reliefs for Mlegal Dismissal 1, Reinstatement 'a. Pending appeal (Art. 223, Labor Code) b. Separation pay in lieu of reinstatement 2. Backwages ‘a. Computation D. Limited backwages D. Preventive Suspension E. Constructive Dismissal V. Management Prerogative Definition Constitutional Basis of Management Prerogative Discipline Contractual Prerogative vs. Management Prerogative Transfer of employees Productivity standard Grant of bonus | Change of working hours Designation of work Day Calendar day vs. Work day Rules on Marriage between employees of competitor-employers Post-employment ban ROBBOORE ras VI. Social Welfare Legislation (P.D. 626) A. SSS LAW (R.A. NO. 8282) 1, Coverage 2. Exclusions from coverage 3. Benefits 4, Beneficiaries’ B, GSIS LAW (R.A. NO. 8201) 1. Coverage 2, Exclusions from coverage 3. Benefits 4. Beneficiaries C. Limited Portability Law (R.A. No. 7699) D. Employee’s compensation — coverage and when compensable E. R.A. No. 6727 — WAGE RATIONALIZATION. ACT F. R.A. No. 7305 - THE MAGNA CARTA OF PUBLIC HEALTH WORKERSFO AS R.A. No. 8042 — MIGRANT WORKERS ACT AS AMENDED BY R.A. No, 10022 AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED, FURTHER IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES RA. No. 8187 -PATERNITY LEAVE ACT OF 1996 RA, No. 8188 ~ LAW INCREASING THE PENALTY FOR VIOLATION OF THE WAGE LAW EXECUTIVE ORDER NO. 51, Series of 2018 IMPLEMENTING ARTICLE 106 OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED, TO PROTECT THE RIGHT TO SECURITY OF TENURE OF ALL WORKERS BASED ON SOCIAL JUSTICE IN THE 1987 PHILIPPINE CONSTITUTION. | DEPARTMENT ORDER NO. 174, SERIES OF 2017: RULES JMPLEMENTING ARTICLES 106 TO 109 OF THE LABOR CODE, AS AMENDED REPUBLIC ACT No. 10801, AN ACT GOVERNING THE OPERATIONS AND ADMINISTRATION OF THE OVERSEAS WORKERS WELFARE ADMINISTRATION of 2016. OWWA Resolution No. 15, Series of 2016, IMPLEMENTING RULKES AND REGULATION OF RA 10801, OTHERWISE KNOWN AS THE OVERSEAS WORKERS ‘WELFARE ADMINISTRATION ACT of 2016 AN ACT STRENGTHENING ‘COMPLIANCE WITH OCCUPATIONAL SAFETY ‘AND HEALTH STANDARDS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, REPUBLIC ACT No. 11058 (AUG. 17, 2018) and its appropriate Implementing Rules and Regulations ~ DEPT. ORDER No. 198- 48 including LABOR ADVISORY 10 - Series Of 2019. ‘AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS, AND OTHER PURPOSES. OTHERWISE KNOWN AS “EXPANDED MATERNITY LEAVE ACT” REPUBLIC ACT No. 11210 and its appropriate Implementing Rules and Regulations.(FEB. 22, 2019) |AN ACT INSTITUIONALIZING TELECOMMUTING AS AN ALTERNATIVE WORK ARRANGEMENT FOR EMPLOYEES IN THE PRIVATE SECTOR, OTHERWISE KNOWN AS “TELECOMMUTING ACT” REPUBLIC ACT No. 11165. (JAN. 10, 2019) (AN ACT WAIVING GOVERNMENT FEES AND CHARGES IN THE ISSUANCE OF DOCUMENTS REQUIRED IN THE ‘APPLICATION FOR EMPLOYMENT OF FIRST TIME JOBSEEKERS, OTHERWISE KNOWN AS “FIRST TIME JOBSEEKERS ASSISTANCE ACT”, REPUBLIC ACT No. 11261. (APRIL 10, 2019) VII. Labor Relations Law ‘A. Right to self-organization 1. Who may unionize for purposes of collective bargaining? ‘Who cannot form, join or assist labor organizations 2. Bargaining unit 2) Test to determine the constituency of an appropriate bargaining unit ) Voluntary recognition (@ Requirements ©) Certification election ) Inan unorganized establishment Gi) In an organized establishment d) Run-off election(@ Requirements e) Re-run election £) Consent election @) Affiliation and disaffiliation of the local union from the mother union (@ Substitutionary doctrine h) Union dues and special assessments (@ Requirements for validity i) Agency fees (i) Requisites for assessment B. Right to collective bargaining 1, Duty to bargain collectively a) When there is absence of a CBA ‘p) When there is a CBA 2, Collective Bargaining Agreement (CBA) ‘a) Mandatory provisions of CBA ) Grievance procedure (ii) Voluntary arbitration (ii) No strike-no lockout clause (iv) Labor management council ‘b) Duration (@ For economic provisions ii) For non-economic provisions (ii) Freedom period 3, Union Security '2) Union security clauses; closed shop, union shop, maintenance of membership shop, ete. b) Check-off; union dues, agency fees 4. Unfair Labor Practice in collective bargaining ‘a) Bargaining in bad faith b) Refusal to bargain ¢) Individual bargaining @) Blue sky bargaining ¢) Surface bargaining 5. Unfair Labor Practice (ULP) a) Nature of ULP b) ULP of employers ©) ULP of labor organizations C. Right to peaceful concerted activities 1. Forms of concerted activities 2. Who may declare a strike or lockout? 3, Requisites for a valid strike 44. Requisites for a valid lockout 5, Requisites for lawful picketing 6, Assumption of jurisdiction by the DOLE Secretary or Certification of the labor dispute to the NLRC for compulsory arbitration 7. Nature of assumption order or certification order 8. Effect of defiance of assumption or certification orders ). Iegal strike a) Liability of union officers ) Liability of ordinary workers ©) Liability of employer ) Waiver of illegality of strike 10. Injunctions a) Requisites for labor injunctions ) “Innocent bystander rule” VIII. Procedure and Jurisdiction A. Labor Arbiter 1, Jurisdiction a) Contrasted with and as opposed to the Regional Director2, Reinstatement pending appeal 3, Requirements to perfect appeal to NLRC B. National Labor Relations Commission (NLRC) 1, Jurisdietion 2. Effect of NLRC reversal of Labor Arbiter’s order of reinstatement 3. Remedies 4, Certified cases C. Bureau of Labor Relations — Med-Arbiters 1. Jurisdiction (original and appellate) D. National Conciliation and Mediation Board. 1, Nature of proceedings 2, Conciliation vs, Mediation 3, Preventive mediation E. DOLE Regional Directors 1. Jurisdiction F. DOLE Secretary 1. Visitorial and enforcement powers 2. Power to suspend/effects of termination 3, Assumption of jurisdiction 44. Appellate jurisdiction 5. Voluntary arbitration powers G. Grievance Machinery and Voluntary Arbitration 1. Subject matter of grievance 2, Voluntary Arbitrator a) Jurisdiction ‘p) Procedure ) Remedies H. Court of Appeals 4, Rule 65, Rules of Court I. Supreme Court 1, Rule 45, Rules of Court J. Prescription of actions (GIMAXIMUSLOO55' LABOR LAW REVIEW