2016 COURSE OUTLINE IN LABOR STANDARDS (LABOR I)

PROF. ARNOLD E. CACHO

UST FACULTY OF CIVIL LAW

Chapter I – GENERAL PROVISIONS

ART. 1. Name of Decree

ART. 2. Date of Effectivity

Fundamental Concepts:

1.0.The Concept of Labor;

2.0. Labor Law Defined;
3.0. Elements of Labor Law:

3.1. Labor Policies;

3.2. Labor Standards Law;
3.3. Labor Relations Law.

4.0. Relationship & Distinctions;

5.0. Labor Law and Social Law Compared:

5.1. As to Object;
5.2. As to Subject Matter;
5.3. As to Application;

6.0.Social Justice: Definition

*Calalang vs. Williams, 70 Phils. 725

6.2. Definition of the late former Pres. Ramon Magsaysay – “Those
who have les in life should have more in law”

7.0. Sources of the Power to Enact Labor Laws:

7.1. Constitution (Art. II, Section 18, Art. XIII, Section 3)

7.2. Police Power

 PASEI vs. Drilon, 186 SCRA 386)

8.0. The Rationale of Labor Laws (Art. 1700, NCC)

9.0.Significance of the Constitution to Labor;
10.0. New Constitutional Policies Concerning Labor:

10.1. Art. II, Section 18;

10.2. Art. XIII, Sec. 12;
10.3. Art. XIII, Sec. 13;
10.4. Art. XIII, Sec. 14;

11.0. Restatement of other Constitutional Policies:

11.1. Art. XIII, Sec. 3;

12.0. Constitutional Rights of Labor:

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 12.1. Individual Rights of Workers:

12.1.1. Right to Due Process (Art. III, Sec. 1);

*Ang Tibay vs. CIR, 69 Phils. 675)

12.1.2. Freedom of Expression (Art. III, Sec. 4)

*Liwayway Publications vs. Permanent Concrete

Workers Union, et. al. (108 SCRA 16)

12.1.3. Freedom of Association (Art. III, Sec. 8);

*Victoriano vs. Elizalde Rope Workers Union, 59

SCRA 54
*James M. Imbong, et. al. vs. Hon. Paquito Ochoa, Jr.,
G.R. No. 204819, April 8, 2014, Constitutionality of
the Reproductive Health Law;

12.1.4. Non-Impairment Clause (Art. II, Sec. 10);

12.1.5. Free Access to Courts & Quasi Judicial Bodies (Art.
III, Sec. 11);
12.1.6. Right to Speedy Disposition of Cases (Art. III, Sec. 16);
12.1.7. Right Against Involuntary Servitude [Art. III, Sec. 18;

*Kaisahan vs. Golamco Sawsmills, 80 Phils. 521

*Yusen Air and Sea Service Philippines, Inc. vs. Isagani A.
Villamor, G.R. No. 154060, August 6, 2005

13.2. Collective Rights of Labor:

13.2.1. Right to Self-Organization (Art. XIII, Sec. 3)

11.2.1.1. Exceptions:

-High Level Employees/Managerial;

- Members of the Armed Forces, PNP, Firemen
Jailguards

13.2.2. Right to Collective Bargaining Negotiation:

13.2.3. Right to Peaceful Concerted Activities (Art. XIII, Sec.

* SSSEA vs. Court of Appeals, 175 SCRA 686) ;

13.2.4. Right to Security of Tenure (Art. XIII, Sec. 3, Article

279, Labor Code

*Classification of Employees:

Probationary;
Casual;
Regular;
Contractual;

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 Project Employees.

13.2.5. Right to Living Wage:

11.2.5.1. Distinction between Living Wage and

Minimum Wage

13.2.6. Right to Participate in Policy & Decision Making

Art. XII, Sec.3, Art. 225, Labor Code

14.0. Other Features Protecting Filipino Labor:

12.1. XII, Sec. 14; Art. XIV, Sec. 4 (2); Sec. 11 (1) & (2).

15.0. Birth of the Labor Code

16.0. Principles Underlying the Code
17.0. Preliminary Title and the Seven (7) Books of the Labor Code.

17.1. Book I- Pre-Employment;

17.2. Book II- Human Resources & Development Program;
17.3. Book III- Conditions of Employment;
17.4. Book IV- Medical, Dental & Occupational Safety;
17.5. Book V- Labor Relations Law;
17.6. Book VI- Post Employment;
17.7. Book VII- Penal, Transitory, Final Provisions, Prescription.

18.0. Distinctive Feature of the Labor Code;

19.0. Basic Approach in the Enactment of the Labor Code;

*Tripartism

20.0. Some Labor Laws Before the Passage of the Code;

21.0. Significance of Foreign Decisions;
22.0. Related Laws:

22.1. The Civil Code;

22.2. The Revised Penal Code;
22.3. Special Laws.

23.0. International Aspect:

23.1. International Commitments;

23.2. ILO Core Conventions;
23.3. Ratification Generally Needed; Exception

ART. 3. Declaration of Basic Policy

ART. 4. Construction in Favor of Labor

1.0. Interpretation and Construction:

1.1. Laborer’s Welfare; Liberal Approach;

1.2. Concern for Lowly Worker;

1.2.1. The Policy of Social Justice is not intended to

countenance wrongdoing

*PLDT vs. NLRC, 164 SCRA 671

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 1.3. Reason for Affording Greater Protection to Employees;

2.0. Management Rights:

2.1. Right to ROI;

2.2. Right to Prescribe Rules;

*St. Michael’s Institute vs. Santos, 371 SCRA 383

2.3. Right to Select Employees;

2.4. Right to Transfer or Discharge Employees.

ART. 5. Rules and Regulations

1.0. Rules and Regulations to Implement the Code;

2.0. When Invalid;

ART. 6. Applicability

1.0. Applicability to Government Corporations;

1.1 PNOC-EDC, FTI, NHA;
2.0. Non-applicability to Government Agencies;
3.0. Applicability Without Employer-Employee Relationship;

3.1. Article 106, Contractor & Sub-contractor; Art. 107, Indirect

Employer;

Chapter II – EMANCIPATION OF TENANTS

ART. 7. Statement of Objectives

ART. 8. Transfer of Lands to Tenant-Workers
ART. 9. Determination of Land Value
ART. 10. Conditions of Ownership
ART. 11. Implementing Agency

1.0. Legislative History;

2.0. Share Tenancy Abolished;
2.1. Essential Requisites of an Agricultural Relationship;
3.0. Constitutional Provisions;
3.1. Agrarian Reform Defined (Section 3, a.) R.A. 6657)
4.0. Compensation Scheme;
5.0. Retention Limits;
6.0. Lands Not Covered;
6.1. Lands Obtained Through Homestead Patent;
6.2. Residential Subdivisions;
6.3. Livestock, Poultry and Swine Raising Lands;

BOOK ONE – PRE-EMPLOYMENT

ART. 12. Statement of Objective;

1.0. Means of Promoting Full Employment:

1.1. Manpower Training;

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 1.2. Manpower Allocation;
1.2.1. Occupational Mobility;
1.2.2. Industrial Mobility;
1.2.3. Geographical Mobility;
1.3. Manpower Utilization.

Title I – RECRUITMENT AND PLACEMENT OF WORKERS

Chapter I – GENERAL PROVISIONS

ART. 13. Definitions;

1.0. Article 13 (B) Construed; What Constitutes Recruitment and

Placement;

ART. 14. Employment Promotion

1.0. Employment Promotion

ART. 15. Bureau of Employment Services

1.0. E.O. 797, May 1, 1982 replaced the Bureau of Employment Services
by Bureau of Local Employment which assumed its functions;
2.0. Local Employment;
2.3. R.A. 8759, The Public Employment Service Office (PESO)

ART. 16. Private Recruitment;

1.0. Authorized Entities;

ART. 17. Overseas Employment Development Board

1.0. Overseas Employment, A Brief History;

2.0. Legislative Background of Overseas Employment;
3.0. Overseas Employment Policy;

3.1. R.A. No. 8042, Migrant Workers & Overseas Filipinos Act of
1995, as amended by R.A. 10022 compare with R.A. 10364
Expanded Anti-Trafficking in Persons Act of 2012
3.2. Selective Deployment;

4.0. The POEA; Overview of Its Functions and Powers;

4.1. POEA Rules;

5.0. Regulatory Function of POEA;

6.0. Adjudicatory Function of POEA;

6.1. Jurisdiction Transferred to NLRC;

6.2. Jurisdiction Retained with POEA;
6.3. Compromise Agreement;
6.4. Mandatory Periods;

7.0. Employer-Employee Relations Cases: Termination of Employment;

7.1. Contractual Employees;

7.2. Premature Termination of Contract;

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 7.3. Pre-termination Under R.A. No. 8042; July 15, 1995 Onward;

*Antonio M. Serrano vs. Gallant Maritime Services, G.R.

No. 167614, March 24, 2009
*Sameer Overseas Placement Agency, Inc. vs. Joy Cabiles
G.R. No. 170139, August 4, 2014

8.0. Employer-Employee Relations Cases: Money Claims; Employer’s

Nationality Immaterial;

8.1. Death and Other Benefits, Basis of Compensation;

8.2 Illustrative Case: Death Benefit Under the Standard Contract;
8.3 Overseas Compensation Benefits in Dollars,

*Maritime Factors vs. Bienvenido Hindang, G.R. No. 151993, Oct.

19, 2011.

9.0. Disciplinary Action Cases;

9.1. Grounds for Disciplinary Action;

10.0. Outside of POEA Jurisdiction;

10.1. No Jurisdiction to Enforce Foreign Judgment, 60

10.2. No. Jurisdiction Over Torts;

*San Miguel vs. Etcuban, 319 SCRA 704;

*Yusen Air & Sea Service Phil., Inc. vs. Isigani Villamayor, Aug. 16,
2005;

ART. 18. Ban on Direct-Hiring

ART. 19. Office of Emigrant Affairs
ART. 20. National Seamen Board

1.0. NSB abolished by POEA under EO 797

2.0. Article 20 Construed; Seamen’s Employment Contracts and the
International Transport Federation (ITF);
3.0. Invalid Side Agreement;
4.0. Delay in Filing Claim;
5.0. Minimum Employment Conditions;
6.0. Freedom to Stipulate.

ART. 21. Foreign Service Role and Participation

1.0. Protection and Assistance by Government Agencies;

2.0. The RPM Center;
3.0. The OWWA;
4.0. Repatriation of Workers.

ART. 22. Mandatory Remittance of Foreign Exchange Earnings

1.0. Remittance;

ART. 23. Composition of the Boards

1.0. Composition of the POEA;

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ART. 24. Boards to Issue Rules and Collect Fees

Chapter II – REGULATIONS OF RECRUITMENT

AND PLACEMENT ACTIVITIES

ART. 25. Private Sector Participation in the Recruitment and Placement of

Workers

1.0. Validity of POEA Regulations;

2.0. POEA Circular No. 11 (1983) Unenforceable;

ART. 26. Travel Agencies Prohibited to Recruit

ART. 27. Citizenship Requirement
ART. 28. Capitalization
ART. 29. Non-transferability of License or Authority

1.0. Place of Recruitment;

ART. 30. Registration Fees

ART. 31. Bonds

*JMM Promotions & Management, Inc. vs. NLRC, 228 SCRA 129

ART. 32. Fees to be Paid by Workers;

1.0. Chargeable Fees;

2.0. Refund of Fees.

ART. 33. Reports on Employment Status

ART. 34. Prohibited Practices

1.0. Section 6, R.A. 8042

ART. 35. Suspension and/or Cancellation of License or Authority

1.0. Suspension or Cancellation of License;

1.1 Concurrent Jurisdiction to Suspend or Cancel a License;
2.0. Persons Liable; Duration of Liability;
3.0. Solidary Liability Assumed by Recruitment Agent;
3.1. Required Undertaking by Agent;
3.2. Contract by Principal;
3.3. Proper Party;
4.0. Suability of a Foreign Corporation which Hires Filipino workers;
5.0. Deregulation and Phase Out.

Chapter III – MISCELLANEOUS PROVISIONS

ART. 36. Regulatory Power

ART. 37. Visitorial Power
ART. 38. Illegal Recruitment

1.0. Illegal Recruitment Defined as Amended;

2.0. Persons Liable;
2.1 Employee, When Liable;
3.0. Lack of Receipts;

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 4.0. Illegal Recruitment as Economic Sabotage;
4.1 Separate Categories;
5.0. Estafa;
6.0. Power to Issue Search or Arrest Warrants; Article 38 (c)
Unconstitutional;
7.0. Illegal Recruiters Still Subject to Arrest;
8.0. Closure: Other Anti-Illegal Recruitment Activities of POEA.

ART. 39. Penalties

1.0. Penalties;
1.1. Section 7, R.A. 8042;
2.0. Venue;
3.0. Mandatory Periods for Resolution of Illegal Recruitment Cases;
4.0. Prescriptive Periods;
5.0. Illustrative Cases of Illegal Recruitment;

*Pp. vs. de la Piedra, 350 SCRA 163;

*Pp. vs. Navarra, 352 SCRA 84;
*Pp. vs. Cabais, 354 SCRA 553;
*Pp. vs. Logan, 361 SCRA 581;
*Sebastian vs. Calis, A.C. No. 5118 September 9, 1999

TITLE II – EMPLOYMENT OF NON-RESIDENT ALIENS

ART. 40. Employment Permit of Non-Resident Aliens;

ART. 41. Prohibition Against Transfer of Employment;
ART. 42. Submission of List;

1.0. Employment of Aliens;

1.1 Department Order No. 12, Series of 2001;
1.2. Department Order No. 146-15 (Revised Rules for the Issuance
of Employment Permits to Foreign Nationals
2.0. Legality of Limiting Employment of Aliens.

BOOK TWO – HUMAN RESOURCES DEVELOPMENT

“The Determinants of National Advantage;

“The Competitive Edge”;
“Focus on Skills”;
“Human Resources Development – A crucial Tool”;
“The Manager as Developer of People”;

Title I – NATIONAL MANPOWER DEVELOPMENT PROGRAM

Chapter I – NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY

FOR THEIR IMPLEMENTATION

ART. 43. Statement of Objectives

ART. 44. Definitions
ART. 45. National Manpower and Youth Council, Composition
ART. 46. National Manpower Plan
ART. 47. National Manpower Skills Center
ART. 48. Establishment and Formulation of Skills Standards
ART. 49. Administration of Training Programs

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ART. 50. Industry Boards
ART. 51. Employment Service Training Functions
ART. 52. Incentive Scheme
ART. 53. Council Secretariat
ART. 54. Regional Manpower Development Offices
ART. 55. Consultants and Technical Assistance, Publication and Research
ART. 56. Rules and Regulations

Title II – TRAINING AND EMPLOYEMENT OF SPECIAL WORKERS

Chapter I – APPRENTICES

ART. 57. Statement of Objectives

ART. 58. Definition of Terms
ART. 59. Qualifications of Apprentice
ART. 60. Employment of Apprentice

Comments

1. General Policy and Guidelines in the Implementation of Apprenticeship

Program;
2. Apprenticeable Age.

ART. 61. Contents of Apprenticeship Agreements

Comments and Cases:

1.0. Apprenticeship Needs DOLE’s Prior Approval, or Apprentice

Becomes Regular Employee

ART. 62. Signing of Apprenticeship Agreement

ART. 63. Venue of Apprenticeship Programs
ART. 64. Sponsoring of Apprenticeship Program
ART. 65. Investigation of Violation of Apprenticeship Agreement
ART. 66. Appeal to the Secretary of Labor
ART. 67. Exhaustion of Administrative Remedies
ART. 68. Aptitude Testing of Applicants
ART. 69. Responsibility for Theoretical Instruction
ART. 70. Voluntary Organization of Apprenticeship programs; Exemptions
ART. 71. Deductibility of Training Costs
ART. 72. Apprentices Without Compensation

Comments and Cases

1.0. Working Scholar, Liability of School,

Chapter II – LEARNERS

ART. 73. Learners Defined

ART. 74. When Learners May Be Hired
ART. 75. Learnership Agreement
ART. 76. Learners in Piecework
ART. 77. Penalty Clause

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 Comments

1.0. Learnership vs. Apprenticeship,

Chapter III – HANDICAPPED WORKERS

ART. 78. Definition

ART. 79. When Employable
ART. 80. Employment Agreement
ART. 81. Eligibility for Apprenticeship

Comments

1.0. The Magna Carta for Disabled Persons;

2.0.Qualified Disabled Persons as Regular Employees.

BOOK THREE – CONDITIONS OF EMPLOYMENT

“Basic Duties of Workers and Employers”,

“Basic Rights of Workers”,
“Productivity First”,
“Comparison of Productivity Levels,
“Comparative Wages,

Title I – WORKING CONDITIONS AND REST PERIODS

Chapter I – HOURS OF WORK

ART. 82. Coverage

Comments and Cases

1.0.Essentiality of Employment Relationship,

Question of Law, Question of Fact,
Futile Circumlocutory Definitions,
2.0.Elements or “Test” of Employment Relationship,
Evidence of Employment: ID Card, Vouchers, SSS registration,
Memorandum,
Mode of Compensation, Not a Test of Employment Status,
Existence of Employment Relationship Determined by Law, Not by
Contract,
3.0. When Employment Relationship Present,
Employment Relationship: Salaried Insurance Agent,
Employment Relationship: School Teachers,
Employment Relationship: Jeepney Driver, Taxi Driver, Barber,
3.1 Employee, Not Partner,
Employment Relationship: Piece-Rate Workers,
Street-hired Cargadores,
Employment Relationship: Fishermen,
Workers in Movie Projects,
4.0. Labor Union and Unregistered Association as Employer,
5.0. When Employment Relationship Absent; Job Contracting or
Independent Contractor,
5.1. Labor-only Contracting,
6.0.General Right of Employer Over Conditions of Employment,

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 6.1 Limitations of Stipulations,
7.0. Excluded Employees,

Government Employees,
Managerial Employees or Staff,
Supervisors, like managers, not entitled to overtime pay,
Outside or Field Sales Personnel,
Domestic Helper and Persons Rendering Personal Service,
Workers Paid by Result,

Cases:

* San Miguel Corporation vs. Etcuban: 319 SCRA 704;

*Filipinas Broadcasting Network, Inc. vs. NLRC, 287 SCA 348;
*Insular Life Assurance Co.Urbanes, Jr. vs. Secretary of Labor &
Employment: 397 SCRA 664;
*Traders Royal Bank vs. NLRC, 321 SCRA 467;
*Paguio vs. NLRC, 403 SCRA 190;
*Sy vs. Court of Appeals, 398 SCRA 301;
*Lopez vs. Bodega City, 532 SCRA 56;
*Gregorio Tongko vs. Manulife, G.R. No. 167622, June 29, 2010;

ART. 83. Normal Hours of Work

Comments and Cases:

1.0. Normal Hours of Work;

*Legend Hotel Manila vs. Realuyo.G.R. No. 153511, July 18, 2012

Purpose of the 8-Hour Labor Law,

Part-Time Work,
Work Hours of Health Personnel,

1.1. Republic Act No. 5901 Already Repealed,

1.2. Republic Act No. 7305,

2.0.Twelve-Hour Workshift with Overtime,

ART. 84. Hours Worked

Comments and Cases

1.0. Hours Worked:

Preliminary Activities,
Waiting Time: Engaged to wait or waiting to be engaged?,
Working While Eating,
Working While Sleeping,
“On Call”,

1.1. With Cellular Phone or Other Contract Device,

Travel Time,
Lectures, Meetings, and Training Program,
Grievance Meeting,

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 Semestral Break,

2.0. Work Hours of Seamen,

3.0. Hours Worked: Evidence and Doubt,

ART. 85. Meal Periods

Comments and Cases

1.0. Meal Time,

When Meal Time is Time Worked: Continuous Shifts,
Meal Time of Less Than 60 Minutes,
Shortened Meal Break Upon Employees’ Request,
2.0. Changing Lunch Break From Paid to Unpaid,

ART. 86. Night Shift Differential

Comments and Cases

1.0. Overtime Pay

Definition,
Rationale,
Night Differential and Overtime Pay,
Overtime Rate Based on Regular Wage; NWSA Ruling Rectified,
Basic Salary or Regular Base Pay Explained,
CBA May Stipulate Higher Overtime Pay Rate,
Premium Pay; When Included in Computing Overtime Pay,
Conversion of Monthly to Daily Rate; Actual Work Days as Divisor,
How “Work Day” is Counted,
1.1. Factual and Legal Basic of Claim,
Action to Recover Compensation,
Waiver or Quitclaim; No waiver of Overtime Pay,
Quitclaim, Why Invalid,
When Valid: Waiver in Exchange for Certain Benefits,
Overtime Pay Integrated in Basic Salary,
Built-in Overtime Pay in Government-Approved Contract,

2.0. Compressed Workweek,

*Department Advisory No.2, S. of 2009

ART. 88. Undertime Not Offset by Overtime

Comments and Cases

1.0. Undertime Does Not Offset Overtime,

ART. 89. Emergency Overtime Work

Comments

2.0. Compulsory Overtime Work,

ART. 90. Computation of Additional Compensation

Chapter II – WEEKLY REST PERIODS

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ART. 91. Right to Weekly Rest Day
ART. 92. When Employer May Require Work on a Rest Day
ART. 93. Compensation for Rest Day, Sunday or Holiday Work

Comments and Cases

1.0. Premium Pay; Rest Day,

2.0. Three Special Days.

Chapter III – HOLIDAYS, SERVICE INCENTIVE LEAVES

AND SERVICE CHARGES

ART. 94. Right to Holiday Pay

Comments and Cases

1.0. Holiday Pay,

Holiday Pay of a Part-timer,
Lists of Holidays,
Muslim Holidays,
Relation to Agreements,
2.0. Holiday Pay, Entitlement of Monthly-Paid Employees,
Holiday Pay, Divisor to Obtain Daily Equivalent of Monthly Salary;
CBA Provisions Controlling,
Even if Divisor is 251, Employer Cannot Claim Reimbursement of
Overtime Pay
Holiday Pay: Start of Entitlement of Monthly-Paid Employees,
Holiday Falling on a Sunday,
Double Holiday: Two Regular Holidays on Same Day,
Successive Regular Holidays,
Holiday Pay; Hourly-Paid Faculty Members During Semestral
Vacations,
Holiday Pay; Field Personnel,
Holiday Pay: Piece-Rate Workers,

ART. 95. Right to Service Incentive Leave

Comments and Cases

1.0.Right to Service Incentive Leave,

Meaning of “One Year of Service”,
Part-Time Workers,
“On Contract” Workers,
Piece-Rate Workers,
Exception; Burden of Proof,
2.0.Commutation of S.I.L.,
2.1 Basic of Computation,
3.0.Sick Leave and Vacation Leave as Voluntary Benefits,
Commutation of Sick Leave,
Rationale for accumulation and conversion,
4.0. Paternity and Maternity Leave,
5.0. Parental (Solo Parent) Leave,
“Solo Parent” Defined,
6.0.Battered Women Leave;

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 7.0.Leave under the Magna Carta for Women

ART. 96. Service Charges

Comments

1.0. Coverage and Distribution,

2.0. Rule if Collection of Service Charge is Abolished,
3.0. Tips.

Title II – WAGES

Chapter I – PRELIMINARY MATTERS

ART. 97. Definition

Comments and Cases

1.0. “Wage” and “Salary” Defined,

“Wage” include sales commissions,
WAGE Includes Facilities or Commodities,
2.0. “Facilities” distinguished from “Supplements”,
Requirements for Deducting Value of Facilities,
Salary Excludes Allowances,
3.0. Salary Distinguished from Gratuity,
4.0. Fair Day’s Wage for Fair Day’s Labor,
5.0. Equal Pay for Equal Work,
6.0. Agricultural Work,

ART. 98. Application of Title

Comments

1.0. Exceptions Under the Implementing Rules,

2.0. Cooperatives May Still be Exempted from Minimum Wage Law,
3.0. Exemption of BMBEs,
4.0. Other Exemptions,

Chapter II – MINIMUM WAGE RATES

ART. 99. Regional Minimum Wages,

Comments and Cases

1.0. Minimum Wage Rationale,

1.1Minimum Wage; Need for margin Over the Minimum Wage,
2.0. Ability to Pay Immaterial,
3.0.Employees Not Estopped to Sue for Difference in Amount of Wages,

*Wage Order No. NCR 19, March 16, 2015 (P481.00/day)

ART. 100. Prohibition Against Elimination or Diminution of Benefits

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 Comments and Cases

1.0.Nondiminution of Benefits,
Food or Meal Allowance,
Noncortributory Retirement Plan,
Monthly Emergency Allowance,
2.0.Exceptions to the Nondiminution Rule; Correction of Error,
Not Established Practice,
Benefit on Reimbursement Basis,
Negotiated Benefits,
Reclassification of Position; Promotion,
Contingent or Conditional Benefits; Bonus,
2.1. Equity or Long Practice as Basis of Bonus,
2.2.Services Rendered as Basis of Bonus,
2.3. No profit, No Bonus,
2.4. Reiteration in Manilabank,
Productivity Incentives,
3.0.P.D. 851: Thirteenth-Month Pay,
Nature of the 13th-Month Pay,
“Equivalent” or Bonuses May Be Credited as the 13th of, 13th Month
Pay,
When CBA Bonus Deemed Apart from, Not “Equivalent” of, 13th-
Month Pay,
Thirteenth-Month Pay Deemed Written in Contract,
Food, etc., Not Substitute for 13th Month Pay,
14th Month Pay Not Legally Demandable,
Computation of 13th Month Pay,
3.1. Are commissions included in the computation?,
3.2.Guaranteed Wage and/or Commission,
3.3. Is teachers’ overload pay included?,
Proportionate 13th Month Pay,
Distressed Employer,
3.4. Non-strikeable,
3.5 Exclusions,
3.6. Piece-Rate Workers,

ART. 101. Payment by Results

Comments and Cases

1.0. Workers Paid By Results, In General,

1.1 Illustrative Case,
2.0. Basis of Output Pay Rate,
2.1 Legal Sufficiency of the Piece Rate,
3.0.Entitlement of Piece-Rate Workers to Night Differential and Service
Incentive Leave,
4.0. Entitlement to Holiday Pay,
5.0.Entitlement to 13th Month Pay,
6.0. Variant Jurisprudence on Piece-Rate Workers’ Entitlement to
Statutory Benefits: The Makati Haberdashery Case (1989),
Critique of the Haberdashery Ruling,
A Second Look: The Labor Congress Case,
Summation: Benefits Payable to Piece-Rate Workers,

Chapter III – Payment of Wages

ART. 102. Forms of Payment

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 Comments and Cases

1.0. Proof of Wage Payment,

ART. 103. Time of Payment

ART. 104. Place of Payment

Comments

1.0. Place of Payment,

2.0. Payment Through Banks,

ART. 105. Direct Payment of Wages

ART. 106. Contractor or Subcontractor
ART. 107. Indirect Employer
ART. 108. Posting of Bonds
ART. 109. Solidary Liability

Comments and Cases

1.0.Contracting and Subcontracting In General,

D.O. No. 18-02, see D.O. 162, S. 2016, dated July 25, 2016, on
suspension of DO. 18-A
2.0. Trilateral Relationship,
3.0.First Set of Prohibition: Labor-only Contracting (Section 5 of D.O.
No. 18-02),
What is “Substantial” Capital?,
What is Control?,
Consequence of L.O.C:. Worker Supplied by Agency Becomes
Employee of Client Company, 265
Consequence of L.O.C.: Agency-Hired Employee Becomes Entitled to
Benefits Under the CBA of the Client Company,
4.0. Second Set of Prohibitions: Arrangements That Violate Public Policy
(Section 6 of D.O. No. 18-02),
5.0.Summary of Prohibited Labor Contracting,
6.0.Third Set of Prohibitions: Exploitative Acts Under Section 6 (C) of
D.O. No. 18-02,
7.0. Extent of Employer’s Liability in Invalid Contracting and Violation of
Other Prohibitions,
8.0. Legitimate Contracting: Independent Contractor / Job Contracting,
Summary of Legitimate Labor Contracting,
Examples of Independent Contractor,
7.1. Dealership,
7.2. Independent Contractor: Commission Agent,
7.3. Independent Contractor: Messengerial / Janitorial Service,
7.4. Independent Operator,
Judicial Notice of Job Contracting, 276
9.0. A Manpower Company May Be a Labor-Only Contractor in One
Case But an Independent Contractor in Another,
10.0. Extent of Principal’s Liability in Legitimate Contracting,
As to Payment of Wages / Money Claims,
As to Other Violations,
10.0. Rights of Contractual Employees,
10.1 Security of Tenure,
11.0. Registration of Contractors,

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 *Neri vs. NLRC, G.R. No. G.R. Nos. 97008-09 July 23, 1993
*Joeb M. Alviado, et. al. vs. Procter & Gamble Phils., Inc and
PROMM-Gem, Inc. . G.R. No. 160506, June 6, 2011;
*Coca-Cola Bottlers Philippines, Inc. vs. Ricky De la Cruz, et.
al., G.R. No. 184977, December 7, 2009;
*PAL v. NLRC G.R. No. 125792, November 9, 1998,; and
*NPC v. CA G.R. No. 119121 August 14, 1998

ART. 110. Worker Preference in Case of Bankruptcy

Comments and Cases

1.0. Preference of Workers’ Money Claim,

2.0. Coverage of the Preference,

ART. 111. Attorney’s Fees

Comments and Cases

1.0.Award of Attorney’s Fee Not Limited to Cases of Wage Recovery,

2.0. Awarded Attorney’s Fee May Not Be Exceed Ten Percent, But
Between Lawyer and Client Quantum Meruit May Apply,
3.0. Non-Lawyers Not Entitled to Attorney’s Fees,
4.0. PAO Lawyers,

* Traders Royal Bank Employees Union-Independent vs. NLRC

, 269 SCRA 273;
* Taganas vs. NLRC , 248 SCRA 133

Chapter IV – PROHIBITIONS REGARDING WAGES

ART. 112. Non-Interference in Disposal of Wages

Comments and Cases

1.0. Civil Code Provisions,

2.0. Penalty for Violation of Article 112,

ART. 113. Wage Deduction

Comments and Cases

1.0. Deductions Authorized by Law;

1.1 Payment to Third Person;
2.0. Prohibition Regarding of Wages; Wage Deductions;

ART. 114. Deposits for Loss and Damage

ART. 115. Limitations

Comments and Cases

1.0. Deduction for Loss and Damage,

2.0. Deduction for Absences,
3.0. Illegal Deposit,

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ART. 116. Withholding of Wages and Kickbacks Prohibited
ART. 117. Deduction to Ensure Employment
ART. 118. Retaliatory Measures

Comments

1.0. Is Violation of Art. 118 Strikeable?;

2.0.eprisal for Silent Testimony;

ART. 119. False Reporting

Chapter V – WAGE STUDIES, WAGE AGREEMENTS AND WAGE

DETERMINATION

ART. 120. Creation of National Wages and Productivity Commission

Comments

1.0. The NWPC,

ART. 121. Powers and Functions of the Commission

ART. 122. Creation of Regional Tripartite Wages and Productivity Boards

Comments and Cases

1.0. Purpose of Creating the RTWPB,

2.0. Approval by NWPC,

ART. 123. Wage Order

Comments and Cases

1.0. Wage Fixing Procedure,

2.0. Public Hearings and Publication, Mandatory,

*Wage Order No. 19 dated March 16, 2015

ART. 124. Standards / Criteria for Minimum Wage Fixing

Comments and Cases

1.0. Two Methods of Minimum Adjustment,

2.0. Reasons for Having a Minimum Wage,
3.0. Wage Distortion,
When is there a Distortion?
What is Not Distortion,
Union to Prove Distortion,
Ways to Correct Distortion,
Rectification Need Not Be Across-the-Board,
Distortion Adjustment Formula,
Summation of Principles About Salary Distortion,
Wage Distortion: Nonstrikeable,

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ART. 125. Freedom to Bargain
ART. 126. Prohibition Against Injunction
ART. 127. Non-Diminution of Benefits

Chapter VI – ADMINISTRATION AND ENFORCEMENT

ART. 128. Visitorial and Enforcement Power

Comments and Cases

1.0. Labor Law Administration and Enforcement under Art. 128,

2.0. Subjects of Enforcement,
Enforcement of Wage Order,
2.1. Inspection of Unionized Companies,
2.2. Inspection of Non-Unionized Companies,
2.3.Complaint for Non-Compliance with Statutory Wage Increase,
2.4. Penalty for Noncompliance; Double Indemnity,
3.0. Disposition of Labor Standard Cases,
Money Claims arising from Complaint / Routine Inspection,
Complaints Where No Employer-employee Relationship Actually
Exists,
Inspection report,
Coverage of complaint inspection,
Restitution,
Compromise agreement,
Hearing,
3.0. Suspension of Operations,
4.0. Appeal,
5.0. Complaint Inspection Under Art. 128; Illustrative Case,
6.0. CBA Anniversary Wage Increase as Compliance with Wage Order;
Sec. 8 of R.A. No. 6640 Invalid,
CBA Increases and Statutory Increases; Intention of Parties,
Unless Agreed Otherwise, Statutory Benefits are Apart from
Contractual Benefits,

*People’s Broadcasting Service (Bombo Radyo Phils. Inc.) vs. The

Secretary of DOLE, G.R. No. 179652, May 8, 2009/ G.R.
No. 179652, March 6, 2012;
*Guico vs. Quisumbing 298 SCRA 666;
* Batongbuhay Goldmines vs. De La Serna 312 SCRA 22

ART. 129. Recovery of Wages, Simple Money Claims and Others Benefits

1.0. Money Claims Adjudication Under Art. 129,

1.1 When claim exceeds P 5,000.00,
2.0. Nature of proceedings,
Due Process in Administrative Proceedings,
2.1 Due Process, Principle of Jurisdiction by Estoppel,
3.0. Articles 128 and 129 Compared,
4.0. Employees’ Claims Only,

Title III – WORKING CONDITIONS FOR SPECIAL GROUPS OF

EMPLOYEES

Chapter I – EMPLOYMENT OF WOMEN

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Perspective: Laws Protecting Woman Workers,

ART. 130. Facilities for Women

ART. 131. Maternity Leave Benefits;

1.0.Maternity Leave Under SSS Law;

2.0. “Battered Women Leave” (R.A. 9262);
3.0. Two months leave under the Magna Carta for Women

More absent than present?

ART. 132. Family Planning Services, Incentives for Family Planning

ART. 133. Discrimination Prohibited

Comments

ART. 134. Stipulation Against Marriage

Comments and Cases

Non-discrimination; Policy against Married Status

ART. 135. Discrimination Prohibited

Comments

1.0. Woman as Equal Partner

ART. 136. Stipulation Against Marriage

Comments and Cases:

Sexual Harassment :
Persons who maybe held liable for Sexual Harassment
No Sex barrier
Feminization and Defeminazation

*Anti-Sexual Harassment Act of 1995 and Implementing Rules

*Atty. Susan M. Aquino vs. Hon. Ernesto D. Acosta, Presiding Judge of the
Court of Tax Appeals, G.R. No. A.M. CTA-01-1, April 2, 2002;
*Dr. Rico S, Jacutin vs. People of the Philippines, G.R. No. 140604, March 6,
2002;
*Duncan Association of Detailman-PTGWO and Pedro Tecson vs. Glaxo
Wellcome Philippines, Inc. G.R. No. 162994, September 17, 2004.
*PT&TC vs. NLRC, 272 SCRA 596

Chapter II – EMPLOYMENT OF MINORS

ART. 137. Minimum Employable Age

ART. 138. Prohibition Against Child Discrimination

Comments

1.0.Hazardous Work;
2.0. Child Abuse;

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 3.0. Duty of Employer to Submit Report;
4.0. Register of Children Workers;
5.0. Employment of Poor But Deserving Students;

Chapter III – EMPLOYMENT OF HOUSEHELPERS

ART. 139. Coverage

ART. 140. Contract of Domestic Service
ART. 141. Minimum Wage
ART. 142. Minimum Cash Wage
Comments
ART. 143. Assignment to Non-Household Work
ART. 144. Opportunity for Education
ART. 145. Treatment of Househelpers
ART. 146. Board, Lodging and Medical attendance
ART. 147. Indemnity for Unjust Termination of Services
Comment
ART. 148. Service of Termination Notice
ART. 149. Employment Certification
ART. 150. Employment Records

Comments and Cases

1.0. Amendments,
2.0. Househelper: Who is and Who is Not,
3.0. Certain Civil Code Provisions Inconsistent with R.A. No. 10361

*R.A. 10361 “Batas Kasambahay”

Chapter IV – EMPLOYMENT OF HOMEWORKERS

ART. 151. Regulation of Industrial Homeworkers

ART. 152. Regulations of Secretary of Labor
ART. 153. Distribution of Homework

Comments

1.0.Industrial Homework;
2.0. New Rule XIV,

What is “Good Judgment”

Chapter –EMPLOYMENT OF NIGHT WORKERS

ART. 154. Coverage

ART. 155. Health Assessment
ART. 156. Mandatory Facilities
ART. 157. Transfer
ART. 158. Women Night Workers
ART. 159. Compensation
ART. 160. Social Services
ART. 161. Night Work Schedules

21
*Department Advisory No. 4, S. of 2010- Guidelines on the Implementation of the
Flexible Work Arrangements and The Exemption from the Nightwork Prohibition for
Women Employees in the Business Process Outsourcing Industry (BPOI)

13TH MONTH PAY – P.D. 851

SEPARATION PAY instead of reinstatement;
RETIREMENT PAY LAW –R.A. 7641, correlate with the Anti-Age
Discrimination Act:

1. Retirement of Judges (R.A. 9946);

2. Retirement under the SSS (R.A. 8282/GSIS (R.A8291);
3. Retirement in the Military (P.D. 1560)
4. Retirement of Undergound Miners (R.A. 8558)

-FIN-

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