SYLLABUS FOR THE 2019 BAR 4. Solo parent leave F.

Peaceful concerted activities

EXAMINATIONS 5. Leave benefits for women workers under RA 9710 and 1. Strikes G. Post-employment restrictions
LABOR LAW AND SOCIAL LEGISLATION RA 9262 2. Picketing
3. Lockouts VIII. JURISDICTION AND RELIEFS
I. GENERAL PROVISIONS D. Special groups of employees 4. Assumption of jurisdiction by the DOLE Secretary A. Labor Arbiter
A. Basic policy on labor 1. Women 5. Injunctions
a. Discrimination B. National Labor Relations Commission
B. Construction in favor of labor b. Stipulation against marriage VI. POST-EMPLOYMENT
c. Prohibited acts A. Employer-employee relationship C. Judicial review of labor rulings
C. Constitutional and Civil Code provisions d. Sexual harassment (RA 7877) 1. Tests to determine existence
relating to Labor Law 2. Minors (RA 7610, as amended by RA 9231) 2. Kinds of employment D. Bureau of Labor Relations
3. Kasambahay (RA 10361) a. Regular
4. Homeworkers b. Casual E. National Conciliation and Mediation
II. PRE-EMPLOYMENT 5. Night workers
A. Recruitment and placement of local and c. Probationary Board
6. Apprentices and learners d. Project
migrant workers (Labor Code and RA 8042, as
7. Persons with Disabilities e. Seasonal F. DOLE Regional Directors
amended by RA 10022)
a. Discrimination f. Fixed-term
1. Illegal recruitment and other prohibited activities
b. Incentives for employers g. Security guards G. DOLE Secretary
a. Elements
b. Types of illegal recruitment h. Floating status
c. Illegal recruitment vs. estafa
IV. SOCIAL WELFARE LEGISLATION 3. Legitimate subcontracting vs. labor-only contracting H. Grievance machinery
2. Liability of local recruitment agency and foreign A. SSS Law (RA 8282) a. Elements
employer 1. Coverage and exclusions b. Trilateral relationship I. Voluntary arbitration
a. Solidary liability 2. Dependents and beneficiaries c. Solidary liability
b. Theory of imputed knowledge 3. Benefits J. Prescription of actions
3. Termination of contract of migrant worker without just B. Termination by employer 1. Money claims
or valid cause B. GSIS Law (RA 8291) 1. Just causes 2. Illegal dismissal
4. Ban on direct hiring 1. Coverage and exclusions 2. Authorized causes 3. Unfair labor practice
2. Dependents and beneficiaries 3. Due process 4. Offenses under the Labor Code
B. Employment of non-resident aliens 3. Benefits a. Twin-notice requirement 5. Illegal recruitment
b. Hearing
C. Disability and death benefits - NOTHING FOLLOWS -
III. LABOR STANDARDS 1. Labor Code C. Termination by employee
A. Conditions of employment
2. POEA-Standard Employment Contract 1. Resignation versus constructive dismissal
1. Coverage
2. Hours of work
a. Normal hours of work; hours worked
V. LABOR RELATIONS D. Preventive Suspension
b. Meal periods A. Right to self-organization
1. Coverage E. Reliefs from illegal dismissal
c. Night-shift differential
d. Overtime work 2. Ineligibility of managerial employees; right of
supervisory employees F. Money claims arising from employer-employee
e. Computation of additional compensation (rates
3. Effect of inclusion as employees outside of the relationship
only); facilities vs. supplements
3. Weekly rest periods bargaining unit
4. Non-abridgement G. Retirement
4. Holidays
5. Service incentive leaves
6. Service charges B. Bargaining unit
7. 13th month pay
VII. MANAGEMENT PREROGATIVE
C. Bargaining representative A. Discipline
B. Wages
1. Payment of wages D. Rights of labor organizations B. Transfer of employees
2. Prohibitions regarding wages 1. Check off, assessments, and agency fees
3. Wage distortion; concept 2. Collective bargaining C. Productivity standard
4. Non-diminution of benefits
E. Unfair Labor Practices D. Bonus
C. Leaves 1. Nature, aspects
1. Service incentive leave 2. By employers E. Change of working hours
2. Maternity leave 3. By labor organizations
3. Paternity leave F. Bona Fide Occupational Qualifications