LABOR LAW: OVERVIEW AND BASIC PRINCIPLES DEAN ADA D. ABAD ‘Adamson University allege of Law Deputy Secretary General and Trustee at Large, Philippine Assocation of Law Schools Legal Counsel, Philippine Association of Colleges and Universities (PACU) ‘Managing Partner, Abad Abad & Associates Law Offices Former Vice-Dean, Lyceum College of Law A. GENERAL PRINCIPLES OF LABOR LAW 1. OVERVIEW AND BALANCING OF INTERESTS 2. SIX GENERAL PRINCIPLES + Existence of an employer-employee relationship as condition for application of labor laws Incorporation principle Burden of proof upon employer as a general rule Substantial evidence rule Prospective application of labor laws as a general rule Interpretation in favor of labor 3, GENERAL FLOW IN LABOR RELATIONS: RIGHT TO UNIONIZE, COLLECTIVE BARGAINING AND TO STRIKE IN ACCORDANCE WITH LAW (See chart) 8. EMPLOYER-EMPLOYEE RELATIONSHIP AS CONTRASTED WITH JOB-CONTRACTING ARRANGEMENTS 1. Tests to determine employer-employee relationship 2. As contrasted with Independent contracting + Two kinds of independent or job contracting arrangements + Elements of valid job-contracting * Elements of labor only contracting * General rules on liability of the principal in case of a valid job- contracting arrangements, as compared to liability of principal in case of labor-only contracting arrangementsC.MANAGEMENT PREROGATIVES AND EMPLOYMENT CLASSIFICATION 4. Elements of a valid exercise of management prerogatives 2. Examples of limits to the exercise of management prerogatives 3. Classification of employment; elements and distinctions * Regular employment * Probationary employment Project employment Seasonal employment Fixed-term employment Casual employment4/14/20 LABOR LAW: OVERVIEW AND BASIC PRINCIPLES aT. a ana 1, EMPLOVER-EMPLOYEE RELATIONSHIP AS CONTRASTED NENT WITH INDEPE! | ARRANGEMENTS 4. Constitutional and statutory basis of labor jaw and social ‘gi 2. Declaration of policy and aradigm shift towards mutual Senet Lanon COoE- BECLARATION OF POLICY Mnemonie: PFESC-A ANT Qoclaraton of baw: pokey - The Slane stat omc ‘Sten ell arsura ra ropma of worsen m Sel Collective bargaining, gecunty of tenure we Just [ang humane conditions of work,4/14/20 BALANCING OF INTERESTS Principles of Social Justice, Equity and Police Power: Inbatancing the neraat betmeun labor ard ‘expt, tha prudant eeaures in tarmynation exase IN CALIBRATING THE CONFLICTING IN ESSAY QUESTIONS, REMEMBER THE GENERAL RULES (GENERAL RULE #1: EXISTENCE OF AN EMPLOYER- [EMPLOYEE RELATIONSHIP IS ‘CONDITION SINE QUA NON FOR THE APPLICATION OF LABOR: Laws4/14/20 PRINCIPLE OF INCORPORATION ‘the minimum labor standars and benefits In Labor Code are considered inherent in ‘every empioyer-empoyee reistionsng even absent a written employment ‘contract GENERAL RULE 85 GENERAL RULE #6 NO RETROACTIVE EFFECT OF ‘Only SUBSTANTIAL LABOR LAWS: EVIDENCE required. EXCEPTION: WHEN EXPLICITLY SO PROVIDED GENERAL RULE 68 IN CASE OF DOUBT OR AMBIGUITY, INTERPRETIN: FAVOR OF LABOR SeRUCATIN OF TOUR FOLD TEST TO DETEIOEAE ‘EEESTENCE OF AN EMPAOVER 874 SVE RELATION Ssccroumo ne Wee4/14/20 JOB-GONTRACTING IS OF TWO FORMS: INDEPENDENT JOB 4. BILATERAL CONTRACTING (exami: Company and retainer lawyer) VERSUS 2. TRILATERAL (example: Company and security agency with LABOR-ONLY CONTRACTING ——_e BILATERAL. In OTH arrangements, ARRANGEMENTS cohen - NO. over the: Seay MQULAR eMMoWEES we te tora wil VS INDEPENDENT do the job. Hence, CONTRACTORS4fiaf20 FACTORS TO DETERMINE: + Job is necessary or desirabie in the usual trade or business of the employer + Control test determines existence of emplayer-employes relationship.ma 1 Seer sraced anf hateoruted corracaer OVE core = OTE cen i AT GOR em oF (CONTRACT {ABOR-ONY CONTRACTING: a (Bec So epee rene BEE tp renees ta soc cape OF ATEN BS Tite etn on ne L_NOCAP + DIRECT IE ‘OR ae x4/14/20 MEMORIZE ELEMENTS FOR AVALID EXERCISE OF MANAGEMENT PREROGATIVES; ‘Te fae will f the manageinint to Kone Me own afiain v0 achieve it purpose cannot 0 enied, PROVIDED THAT THE GAME IG EXERCISED: + W000 FAITH, + FOR THE ADVANCEMENT — Of THE EMPLOYER'S INTEREST, AND + MOT TO CIRCUMVENT THE RIGHT OF THE EMMLOVEES, (fan Miguel Orewery nd Union Carte cane) The provisions of a writon agreement tothe corsrary ‘otwitnetandlig, and ragandiens of he ofa great ‘between the partion, shall be eermed REGULAR whore ihe employee has boon ‘engaged to pertorm activitios which are usually necessary of dostrable to the usual trade or business of the employer EXCEPT «where the employment has bean fixed for a ‘SPECIFIC PROJECT OR UNDERTAKING the completion of which has been determined at the timo of the engagement of the worker: OR + whore the job, work oF services to be performed Is SEASONAL in nature, and the ‘employment Is for the duration of the season, An employment shail be deemed to be Hit a NOT covered by the preceding paragraph; PROVIOED, that any employee who has rendered at laaat ona year af atviee, whether Buch service ba Continuous oF broke, ahall be considered a REGULAR employe win mapect ia te Activity tor which he ‘nd hi ‘employment shail continue exists.iremetwetiesies sia — Sa 4/14/20NOTES OF ADA ABAD FOR BAR REVIEW 2013 DIAGRAMMATIC PRESENTATION OF THE RIGHT TO SELF-ORGANIZATION COLLECTIVE BARGAINING AND STRIKES GENERAL OVERVIEW REGISTRATION OF LEGITIMATE LABOR fol PNP UO) Col Came a PETITION FOR CERTIFICATION ELECTION CHART "B" COLLECTIVE BARGAINING NEGOTIATIONS CHART "C” rene a Saelsg bPeP Ic) LOCK-OUT Xe tas rae CG 1, NCMB SETTLEMENT [ff 2. ASSUMPTION OF Paani DURING COOLING-OFF Mee eroaeh ured Te eutos) PERIOD (IMPROVED OR [Mf CERTIFICATION TO THE NLRC areata ons Eras Koa) OCCU § Mpicas ii (NEMS iTan cigs Oia) aoe ve NATIONAL INTEREST) Teac)