LABOR LAW: OVERVIEW AND BASIC PRINCIPLES DEAN ADA D. ABAD Adamson University College of Law Deputy Secretary General and Trustee at Large, Philippine Assocation of Law Schools ‘Logal Counsol, Philippine Association of Collegos and Universities (PACU) ‘Managing Periner, Abad Abad & Associates Law Offices Former Vice-Dean, Lyceum College of Law . GENERAL PRINCIPLES OF LABOR LAW 1 2 OVERVIEW AND BALANCING OF INTERESTS. 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 asa general rule Interprotation in favor of labor . GENERAL FLOW IN LABOR RELATIONS: RIGHT TO UNIONIZE, COLLECTIVE BARGAINING AND TO STRIKE IN ACCORDANCE WITH LAW (See chart) . EMPLOYER-EMPLOYEE RELATIONSHIP AS CONTRASTED WITH JOB-CONTRACTING ARRANGEMENTS 1. 2 Tests to determine employer-employee relationship 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 Classification of employment; elements and distinctions Regular employment Probationary employment Project employment ‘Seasonal employment Fixed-term employment Casual employment4papo aiaae ici suse et | | “perenne BASIC PRINCIPLES INTERESTS aon ers. Soetoe Sete, eos cae 2 ann rae = ee es AND CONCEPTS: C. MANAGEMENT PREROGATIVES OF LABOR LAW ‘AND EMPLOYMENT CLASSIFICATION 4.Constittional and statutory ‘baal of bor law and socal legislation 2. Declaration of policy ane ‘paradigm shift towards mutual ‘cooperation namonie: PFE ‘AKT 3 Deco Dae pay Ba or Protection ir rare Pal erent waar tual ws sora paren non eed ‘ous be mire nates ceca sn erage The ‘Sista anon Pete wean Sel organaton, ‘Cotectve burping, Secury of tenure wa dust {ind humane conaivana of woreapap0 Principles of Social Justice, Equity and Police Power: ‘tater tare tae bot ‘hota punt nearer nna ce ‘Staaten ne roca mera nee ands insinn stn wee reettmsone comin eepcany no ‘Scan nou cau SoComarn ost eed icrmone eva afte rnin, as, IN CALIBRATING THE 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4/14p0 (GENERAL RULER PRINCIPLE OF INCORPORATION {he minimum aborstndarae and benetts t = me == Seabee a pe oe GENERAL RULE ES No ReTROACTVE EFFECT OF Only SUBSTANTIAL LABOR LAWS EVIDENCE required. excemnon: WHEN EXPLICITLY SO PROVIDED ‘GENERAL RULE FAVOR OF LABOR. HOW D0 YOU ENOW IFTHE PERSON 85 YOUR Secon nme Wee De4ap20 Corre + fg me wont ron tear To oeTaWaNE JOB-CONTRACTING IS OF TWO FORMS: INDEPENDENT JOB 4. BILATERAL CONTRACTING (example; Company and retainer lawyer) VERSUS 2. TRILATERAL Company an secunty agency with LABOR-ONLY CONTRACTING Sera) —_ BILATERAL BOTH arangemente, ARRANGEMENTS NS Contino over te manner and mato by ean enaiovets ‘ric ne ora VS INDEPENOUNT othe ob, Hane, CONTRACTOR4/14/20 BILATERAL FACTORS TO DETERMINE: ERE S + Job is necessary or desirable in the ‘usual trade or business ofthe + Control test determines existence of ‘aationship. Nota wo won oyu, ned to be yur employees cove terete see et ctor eyTwo WA's OF PaovING ae ipso nel cone cerns — 4 me emeoe ts mpc cre or Nef ees SOLO, Saar a (Bt Ne cera he No Ce ee the nt of ek (NO CONTROL ————4/4720 ELEMENTS FOR ‘AVALID EXERCISE OF MANAGEMENT PREROGATIVES: Te tae wl of manag te eon Genta ache prpone crt be timat"ProveD Tate Sade Eirneiee + e000 FAH, «FOR THE ADVANCEMENT inovoverta renee 0 «NOT TO CIMCUMVENT THE OKT OF THE iovEtS am Miguel Ureery Union aie can) or me at [REGULAR whore the employee has boon [engaged to portorm activities which are usually necessary or desirable to the usual trade or business of the employer EXCEPT where the employment has. beon fixed for a ‘SPECIFIC PROJECT OR UNDERTAKING, the ‘completion of which has bean determined at the time of the engagement of the worker; oR + where the job, work of services to be performed is SEASONA\, In nature, and the ‘employment Is forthe duration ofthe ‘An employment hal be domes o be CASUAL WWite NOT covered by the proceding Paragraph; [PROVIOED, ta any employe who has rendered wt Ieet one our of ates whore such sara be onto oe, aa be eanldred 8 ployee wi respect tothe REGULAR, ‘sctivty for wich ei ‘and hie “employment nal entinvn whi auch actvty ustSome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 Ch AN (ora PETITION FOR CERTIFICATION ELECTION Cru TO et NTE DI Cou Le) er ao reer STRIKE OR Eos ere g esa Cay 4. NCMB SETTLEMENT 2. ASSUMPTION OF Pasuie DURING COOLING-OFF [| JURISDICTION ANDIOR nets PERIOD (IMPROVED OR [| CERTIFICATION TO THE NLRC metas pete) FOR COMPULSORY ARBITRATION [Ml INDISPENSABLE (INDUSTRIES INDISPENSABLE TO [MI TONATIONAL Roa) INTERESD)