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LECTURE:

- Sec. 8 is always relevant to Labor Relations.

- Labor is afforded protection because of their role (as primary social economic force)
- Involuntary servitude, when it is applied in labor law situations?
1. Voluntary resignation;
2. Return-to-work order in national interest dispute;
3. Compulsory fulfillment of military or civic duty.

- Memorize Section 1,2, 3, Article XIII

- We always tilt the scale in favor of labor by virtue of social justice.
- Have a good grasp of SJ and how to apply it in different situations.
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- PROTECTION TO LABOR LAWS/CAUSE pertain to Art XIII, Sec 3.

- It contains ALL rights pertaining to labor.
- 2ND Paragraph: relevant to labor relations
- 3rd paragraph: labor relations
- 4th paragraph: labor relations + labor standards
- Just share – may refer to stipulation in CBA (LR)
- Last phrase – does not pertain to LABOR. Right of employers (right of enterprise to
reasonable returns); It involves MANAGEMENT PREROGATIVE.
- Sec 3 – predominantly rights of labor + management prerogatives
- Balancing of rights of ER and EE
- Management Prerogative is powerful tool already.
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- If you can’t see it in the LC Article 3, it doesn’t mean that it is not included in LC. It may
be found in another chapter.
- ASKED in the BAR!
- Rights of Employees that you won’t find in LC but found in Consti.
-

- LC already provides for the grant of OT

- The LC presents the minimum labor standards that may be granted to workers but LC
will not prevent EE-ER from executing contract providing better/higher benefits.
Contract prevails over LC.
- Article 1419: If Contract is lesser benefits than provided in LC, set aside contract and
apply LC.
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- State will interfere whenever there is unfair exercise of management prerogatives.

Contract will be set aside if lesser benefit provided in LC.
- Social justice: is not meant for scoundrels.
- Balancing the interest of EE and ER.
- Social Justice – may karapatan ba tayong maawa?
- If YES, kasi… appreciation of SJ in favor of employee
- If NO, appreciation of SJ but not in favor of employee

- No wages can be subject to execution/attachment

- 2017 Bar: Article 1708. Basic wage (MWE)
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GENERAL RULE: No SP to a validly dismissed employee because LC doesn’t provide so.

- 2 types of ground of dismissal: 1) JUST CAUSE; 2) AUTHORIZED

- Just cause: act attributable to employee
- Authorized: Prevent employer to continue the employment of employee (E.g. pandemic)
- Not attributable to employee. Then SP is granted to employee.
- Employee is habitual negligent of his duties, ground for termination. Just cause so SP is
not proper.

EXCEPTION: SOCIAL JUSTICE

- SP or financial assistance may be granted.

- SJ is not only applied whether SP will be granted but also to determine if penalty
imposed is commensurate to the act.
- SOCIAL WELFARE LAWS: SSS, GSIS
- In construing them, we apply SJ especially when we want to bend towards claimant.
- Rules of procedure and evidence: SJ may be used if employees does not met all the
evidences require by the evidence.

BAR qs: GRANTING SEPARATION PAY vis a vis SJ

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- Difference?

Case 1: you can reduce the intent to take out the product without authorization. Financial
assistance is not proper. Unlawful – constitute crime of theft. Then SP can be withhold under
PLDT. The act of stealing is SERIOUS MISCONDUCT; or it will negatively reflect the character of
employee. (RENO FOODS case)

- PLDT vs NLRC: landmark case

2 parameters in granting SP: 1) act not constitute serious misconduct; act does not
reflect the depravity of the character.

Case 2: Difference from case 1: lack of intent to steal away the property without its consent.
Nag tanong si employee. Property is a scrap electrical wires, tinatapon naman talaga. No act
willfully committed by the employee. Termination is not proper.

- Social justice: Rule in favor of employee if circumstances no malevolent intention to

break any policies or laws

TOYOTA – reechoed the provisions of LC. The trend before Toyota, SP is always granted to
those who validly terminated. But LC do not provide that and you should consider the act of the
employee, you have to go back to PLDT.

PLDT – parameters always reflect on the depravity of the character of employee

LC – not always imply perversity of character or willfulness of act (habitual negligence).

- We can take into consideration yung Mitigating Circumstances such as years of

employment, first time violator, unaware of regulation, employee awarded several times
in his industry.
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- We can grant SP in consideration of SJ.

- BENEFIT not based on standard provided by employer (out of benevolence), has been
the PRACTICE. Employer later on withhold it, constitutes DIMUNITION of benefits.
- PRINCIPLE OF NON DIMINUTION: such as benefits regularly received.
- Benefits ripened into company practice. How long employer is giving that benefits? But
we have no standard. Look in other circumstance.
- ERROR may be a valid defense only if there is doubtful or difficult construction of law.
- If law is clear, no error to be raised by employer to protect itself from withholding
benefits.
- ERROR once discovered should be immediately corrected.
- EX: Discovered in 2021, in 2024 binawi kasi error daw. You can’t do that. Even if there
is a vague wording in law but employer did not immediately correct it, error will not be
appreciated later on.
- Upon discovery, correct dapat.

REQUIREMENTS in VERGARA CASE:

1. Consistent and deliberate – benefit must not base on any standard but out of the
benevolence of employer
If benefit is based on profit or certain standard or regulation– it will not ripen into
company practice. There is no demandable right.
2. Withdrawal is unilaterally done by employer.
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4-fold test: Hiring, wages, control, right to fire

Control – most important requisites

o Means and method on how to achieve the end

o MEANS – HOW (computer encoder: computer, internet system, office). If
employer is giving means may certain policy given by employer how to use that
i.e. for work related only yung means given to the employee.
o METHOD – number of hours, number of outputs, format, software to be used.

Restaurant establishment – element of control? Number of hours, wearing of company ID, etc.

- Significance: ER-EE relationship is a pre requisite of the jurisdiction of LA and

applicability of LC.

2nd tier: Economic dependence test – applied when 4-fold test is INSUFFICIENT especially the
element of control. There are badges of four elements (not that 4 is not present)

FRANCISCO case – several positions in several years. If tatanggaling sa employement, wala na

siyang pagkakakitaan. Sole means of his income.

Dependence of employees is too tight to whatever compensation he is receiving from employer.

- Not we are saying that 4-fold test is not present (kasi walang er-ee rel no need to go sa
2nd tier). Present all but may badges kaya we resort to 2 nd tier.

Whether corpo officers should be treated as employees: 1) look at Corpo Code (kasama bay un
position sa corpo code, corpo officers president); 2) look at the by-laws and constitution, there
is an instance of enumeration of corpo officers not mentioned in Corpo Code. Then they are
treated as Corpo officers and not employees. (COO, Chief Operating Officer nasa by laws,
Senior VP)

- Even if may defense from ER that LA has no jurisdiction because EE is Corporate Officer.
By laws should be presented by the ER. If failed to do, LA cannot be faulted to take
cognizance of the case.
- Default is LC.
- Sec of Labor can exercise jurisdiction in determining ER-EE relationship provided that it
exercises VISITORIAL AND ENFORCEMENT POWER in the LC. (PARK!!!)
- Before PROVISIONAL lang. But in BOMBO RADIO, Art 128 of LC is exercised, then
determination is implied. Binding na yung determination not provisional.

MANAGEMENT PREROGATIVES: Parcel of rights pertaining to the ER

LIMITATION OF MR: 1) employee would be oppressed, unfairly treated; 2) unlawful; 3)

public policy, custom. (TAKE NOTE!)

Is this right? – if asked whether MR is validly exercised.

Example of MR: Hiring > Transfer (should be within the limits)

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DEMOTION would always entail a decrease in salary? NO.

BONA FIDE OCCUPATION QUALIFICATION RULE:

CADIZ case: Employer belongs to religious sector.

STAR PAPER case: SC did not declare VOID the policy against marriages or filial relationship
among employees.

- Star paper was unable to establish the connection of the prohibition of marriage among
employees with their business interest they sought to protect by the ER.
- DUNCAN: READ!
- Even if BFOQR was not specifically mentioned, reason why it upheld the policy is
because of BFOQR, protection of trade secrets and business interest of the ER. They can
connive hehe! Kawawa ER.
- FLIGHT STEWARD (PAL case): height and weight reqs, FS exceed allowable weight. PAL
gave opportunity to shed off weight (VL, gym). Mas nadagdagan led to termination.
Valid BFQR, sa nipis ng aisle daw haha ayun reason!

- Is that a valid exercise of MR? NO. Act of demotion although no apparent decrease of
salary and duties and responsibilities but mahirap to achieve sales quota with one Sales
Executive.
- YES. A should feel aggrieved. Constructive dismissal daw yan. EE will be left to decide to
left the company bec exisiting circumstances unbearable to continue

- MANAGER – at least 2 tao meron dapat.

Private employees under LC, GOCCS without original charter under LC

GOCCs with original charter – CSL

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SUBSIDIARY CORP OF GOVERNMENT INSTITUTION should be treated as private or govt

employees.

If sisters company: 1) orig charter; 2) corpo code?

Created by parent company – how is parent company created?

Yes. LA can exercise jurisdiction over the complaint. HRI

INTERNATIONAL ORGANIZATION – creature of intl agreement by different states (CIFTEC,

ASEAN, WHO, UN). Not because may internation non profit org, IO nay an. Look how it was
created, is it by virtue of agreements or treaties? If yes, domestic law cannot be applied.
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Q: LYKA PHIL is a subsidiary of LYKA GLOBAL, the latter being an international

company based in Silicon Valley, USA, and engaged in digital currency. Popop works
as a technical assistant at LYKA PHIL. Due to some issues concerning his job
performance, he was terminated from employment. Popop filed a complaint against
LYKA GLOBAL, claiming that LYKA GLOBAL and LYKA PHIL is one and the same. Rule
on Popop's complaint. *

Issue: Whether Popop is an employee of Lyka Global? Is there ER-EE bet Popop and Lyka
Global? Apply the piercing.

I will rule against Popop’s complaint.

Basic that a complaint illegal dismissal may ER-EE, in this case under piercing, we cannot
consider popop as employee may separate personality sila. Lyka Phil dapat ang respondent not
Lyka Global.

Always think LABOR! If may corporation aspect apply Corpo Code (piercing)

Q. Explain why is there still a need to resort to or apply the economic dependence
test despite the usual 4-fold test in determining employer-employee relationship. *
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Q: RP is a regional sales manager who was provided with a service vehicle in 1997
which she was able to purchase much later at a depreciated value. Five years later,
she was again provided with another service which she again bought at a
depreciated value after five years. In 2009, she applied for another service vehicle
in time of the company's renewal of service vehicles to its managers, but the
company required her to shoulder 40% of the cost. RP filed a complaint for
diminution of benefits, but her employer countered that the provision of a company
vehicle is not a company practice as ruled in Home Credit v. Alcantara. Rule on RP's
complaint.

- Home credit cannot be applied in this case. They are closely different.
- Home Credit – the benefit in that case is not a company practice
- Here, the benefit has ripened into a company practice.
- It would appear to be a company benefit. Why? RP is allowed to purchase a service
vehicle at a depreciated value over the period of time since 1997 until 2009. It is also
noteworthy to mention that the benefit is not peculiar to RP but all managers are
entitled to the same benefit of buying the service vehicle in a depreciated value.
However, in 2009, the company required RP to shoulder 40% of the cost of the service
vehicle which was not done before. Before 2009, RP and other managers are allowed to
buy the vehicle in depreciated value. Hence, there is a diminution of benefits because it
is not the same benefit that RP is accustomed to since 1997.
- Before, pwedeng bilhin car after laspagin. In 2009, new car tas 40-60 scheme.

Q: A is a digital artist in a movie theater. As digital artist, A is tasked to produce

marketing materials for the movies or events that will be featured by the theater.
He is not required to wear any uniform, and not required to submit a weekly
progress report. The company provides him with a desktop and printer for his job,
and if he needs to finish his work at home, he can request for a laptop which he
returns after he submitting his output to B, a senior digital artist. At times, B returns
A's work if B sees some room for improvement. B has to put his initial in all of A's
outputs before submitting to the management for approval. A is paid per approved
marketing material. Is A an employee of the movie theater? Explain. *

- There is no element of selection.

- There is an element of payment of wages. (wages pertain not only to monthly salary but
even in any forms such as allowance, commission, boundary)
- ARTIST is not time bound, not required to wear uniform bec for them it is in violation of
their free expression.
- There is a control with regard to the MEANS AND METHOD OF ACHIEVING RESULT
- If A is not an employee, then he is a consultant. Consultant has own equipment aside
from skills.
- Here, the company has a control over because ER may control how the equipment given
to him be used. He is under supervision which needs B’s approval before the submission
of his output., If disapproved, then it will be revert back to A to incorporate B’s
recommendation. Overall, there is an element of supervision. Hence, A is an employee.
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BONA FIDE OCCUPATION QUALIFICATION

- POLICY vs INTEREST
In a pandemic, still there are some individual refused to be vaccinated. We are not yet
to achieved 100% vaccinated frontliners. If there is private hospital who would want to
implement vaccination among all employees. Would that be a valid exercise of MR? If
yes, basis and how you will draft the policy?
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RECRUITMENT AND PLACEMENT; DEFINITION

23 September 2021

1. Recruitment and Placement is a fusion of Labor Code and Migrant Worker’s Act.
2. Migrant Worker’s Act is catered toward the protection of OFW.
3. Application of Labor Code: If the act of recruitment and placement is for
local/domestic deployment.
4. Application of MWA: If the migrant workers are to be deployed abroad.
5. Application of Labor Code to MWA: Suppletory application
6. OFW MIGRANT WORKER; definition under the MWA: A person who is to be engaged,
is engaged or has been engaged in remunerated activity in a state of which he or she is
not a citizen or on board a vessel navigating the foreign seas other than a government
ship used for military or non-commercial purposes or on an installation located offshore
or on the high seas. (MEMORIZE)
o TYPES OF MW/OFW, to wit: 1) land based; 2) foreign vessel navigating foreign
sea (vessel must not be government vessel, otherwise principle of extradition will
apply); 3) installation located offshore or high seas (no state has jurisdiction)
7. Who may be prosecuted for illegal recruitment?
o Under Labor Code, it may only be committed by UNLICENSED or
UNAUTHORIZED individual who performed the acts of Replacement and
Placement.
i. LICENSED/AUTHORIZED: recognized recruitment agency. They cannot be
held liable for Illegal Recruitment under the Labor Code.
o Under MWA, anyone can be held liable for Illegal Recruitment, whether the
licensed/authorize or the unlicensed/authorized.
ii. LICENSED AND AUTHORIZED: they can only be prosecuted for illegal
recruitment if they committed any of the prohibited acts enumerated in
the MWA.
Xxx
8. Illegal Recruitment under MWA: Same definition of Recruitment and Placement under
Labor Code except that the MWA is inapplicable for local deployment.
o Section 1 of RA 10022. For purposes of the Act, illegal recruitment shall
mean any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring, or procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-licensee or non-holder of
authority contemplated under Article 13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the Philippines: Provided, That
any such non-licensee or non-holder who, in any manner, offers or promises for
a fee employment abroad to two or more persons shall be deemed so engaged
- IR under MWA: same def for RC under LC exc MWA cannot be applied in local
deployment
- Prohibited Activitie: magkaiba ang LC and MWA.
- Commission of prohibited activities ng licensed deployment local, cannot be penalized of
IR but can be penalized for committing prohibited acts.
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- ECONOMIC SABOTAGE 1) syndicate 2) large scale

- JUIRISDICTION:MONEY CLAIM SEC 10 MWA: LA
- Complaint IR, filed at RTC under MWA.
- Venue: choice by offended party
1) crimes committed
2) residence of offended at the time of the recruitment

Admin complaint against recruitment/migrant worker: POEA.

SC declared unconsti last par ng section 10 of MWA. Unexpired portion of contract

lagi dapat.

Money claims – LA

- Damages arising from EE-ER, contract

MWA – solidarily liable for whatever claims that may be filed by EE (foreign principal and
recruiter)

Agent involved when MW is involved. When to apply DOCTRINE IMPUTED KNOWLEDGE.

Knowledge of agent is imputed as knowledge of principal but not vice versa. (SUN ACE)

Different prohibited activities LICENSE recruiters engaged in RP, under MWA.

- RP in LC and MWA
- Immaterial ang receipt. THEY both used “for profit or not”
- PEOPLE VS PANIS 2 OR MORE PERSON ONLY CREATES A PRESUMPTION THAT
INDIVIDUAL engaged RP but not required na at least two ang recruited. No. of recruited
not required except if syndicated.
- PEOPLE vs RIOS: Elements of Section M.
o Reiterate how we can make the officer of juridical entity liable for the acts of
corporation
o Corpo officer had knowledge of the patent viplation and consented and guilty of
negligence and bad faith- same liability an individual whould have
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- Recruitment agency if negligent/careless/nonchalant sa flight ng MW – made liable for

damages for not fulfilling their duties.
- Mindful dapat sila sa duties and responsibility and it will not end sa deployment hanggan
sa pagbalik dapat well protected si MW

IR vs Acts in Trafficking in Person

- R and P (CATSUP – listing) committed by individual not licensed would be liable for IR
- TIP – acts some ay existing in LC and MWA
- If both acts ay nasa TIP and LC, pwede ma-prosecute both crimes.
- Read people vs sayo
- PROSECUTE IR and Estafa pwede din, elements are different. Mala in se mala prohibita
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Obtaining, hiring, providing, offering, maintaining.

- Ikaw mismo ang naghire. Sa recruitment taga refer ka lang, conduit ka lang.
- Providing information = act of trafficking
- Offer position, opportunities
- Maintain pool of manpower, you housed those people

- Memorize the Definition of TP, RP under LC and MWA.

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Hiring offering and transportation nasa R and P ng LC and IR of MWA.

- Illegal recruitment: usually without consent

- MWA: deployment is abroad
- R and P ng LC: DOMESTIC

- IR : DECEIVED ang purpose

- TP: exploitation ang purpose
- Purposes of TP are not existing sa IR
- Walang means sa IR (Deception lang)

- TYPE OF TRAINING, Emploeability, memorize nasa LC daw.

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ISSUE: WoN MWA is applicable.

If I were the counsel of A, the MWA is not applicable in this case.

MWA is a special law that will only be applied to migrant workers to be deployed abroad.
(you need not mention the LC).

A was hired in Sulu within the territory of Philippine.

Hence, MWA should not be applied.

Suppletorily lang ang LC sa WA.

1) G is unlicensed. Applicable law is LC because local/domestic deployment, A was only

deployed within the country.

TIP: not longer than 20 words, beyond that may 2 or more thoughts ka na, complicated nay
un.

** GO TO YOUR CODAL

IR is defined differently in LC

IR in MWA is defined in in LC as R and P

R AND P under LC

- Do away with abroad part (local na lang)

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R and P under LC or MWA

- Referral constitute the act. Mere referral would constitute IR, providing
transport, list down names, constitute IR.
- MEMORIZE daw!
- Kaya memorize yung mga means sa TP kasi any of those would constitute TP.
- WE CANT prosecute licensed under the LC, we cannot prosecute for IR just bec they
CETCHUP/. That set them apart from UNLICENSED.
- Licensed commit prohibited activities. Is non-deployment a prohibited acts? When can
we prosecute a licensed recruiter for non-deployment? Fault is not due to the worker. All
docs are furnished by EE and yet no deployment.
- If acts committed by licensed recruiter, then recruiter can be prosecuted as IR. That set
them apart from non-licensed. (CRIMINAL liability daw) (Sto Tomas vs Sala)

2. A can be prosecute din sa TP pero di yun yung tanong! Omg be responsive.

3. consent is not element in IR.

Mandatory remittance (ARTICLE 22). Di nahahawakan ng buo ng OFW yung pera nila ,
they have to name someone in Ph whom they can remit the amount

A laborer – any person who is able has the capacity to perform work. Immaterial if
employed or not. Otherwise di sila covered ng LC and social legislation, MWA. ALL AND
ENCOMPASSING AND definition daw.

Foreign employers in PH and advertise the hiring. Dapat punta sila recruitment
agency in PH.

Alien EE – foreigner gainful employed with AEP. SPECIFIC ang permit

Syndicated IR: dapat may condition that 3 or more individuals CONSPIRED and
CONFEDERATED WITH ONE ANOTHER TO COMMIT THE ACT OR IR. Immaterial ang
number of victim.
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You cannot have foreigners engaging in R and P. Filipino controlled dapat ang corp and
partnership

- Even if licensed recruiter established. Any movement, physical movement of office or

personnel (hiring, removal, termination, resognation) shall be within the knowledge of
POEA.
- Hiring and removal: may prior approval of POEA, to maintain lang authorized individual.
Fault ni recruiter na may umalis na EE tas later on mag engage si EE sa IR. Kasi sa list
ng POEA, connected pa rin sa kanya si EE.
- Another powers: regulatory power (art 36)

1. YES. Look at the act.

B recruits A and C by fraud (misrepresentation that he has the ability to make them model)
for exploitation.

2. NO. People vs Lalli, we can prosecute simultaneously IR and TP. May promise of
employment, B committed IR bec unlicensed siya. TP, existing elements. 2 LAWS
PROSECUTE ind for diff acts.
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3. victims are minor no requirement to produce evidence of force, coercion, etc. minors
cannot validly give their consent.

4. TP consent is immaterial.

- Exempted is Resident foreigner (temporary or permanent) from securing AEP.

- AEP applies if the ER will be interested in engaging the service of foreigner not resident
of country. Dadalhin pa ditto.
- Exemption from the DOLE.
- Travel agency is prohibited to engaged in R and P. Also, transportation such as airlines.
They can’t secure any licensed.
-
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- Purpose is to liberate worker from oppressive situation, di siya prohibited acts.

R and P and I R magkaiba ang MWA and LC. Know the location where is EE is
deployed.

- Know wheteher licensed or not , act committed, If R AND P, or prohibited

activity
- IF r and p act, offender is licensed or not.
- If prohibited acts,
- Recruitment agency (licensed) will expired on sept 30. Nag apply siya for renewal but
natagalan ang process, in the interim. In November, nakapag process ng applicant.
Unfortunately, di nadeploy ang applicant without the fault of ee. Can he be prosecuted
for illegal recruitment?
o YES. He can be prosecuted with Illegal Recruitment.
o Do you still need to distinguish if with fault or w/o fault? NO kasi unlicensed na
siya.
o He can’t perform R and P, if he has an expired license. Stop from engaging any R
and P activity.
o Regardless if w/ or w/o fault, di na dapat siya nag eengage sa R and P activities.
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Apprentice vs Learner
1. Definition
2. Requirements/conditions for hiring
3. Duration of Training – shall not exceed 3 months (learner)
- apprentice (shall not be less than 3 mos but shall not exceed 6 mos)
- if it exceeds in 6 mos, it will affect the probationary period
4. Termination
A–
L – ER is obliged to hire the learner after the lapse of the learnership period

Who among A and L is an on the job training?

Hiring of students and employing students, is there any specific provision?
An ER will simply create a position in order to hire an apprentice? Not all
positions in the company, even in the highly technical industry, will be available
for apprenticeship. There are positions designated as apprenticeable position,
thru TESDA. Or create position and denominate apprenticaebale, before doing
and hiring, TESDA should approved first otherwise walang apprenticeble.
Apprentice – regarded as regular employee (if apprenticeship program is not
approved).
Apprenticeship program – need ng TESDA PRIOR approval; agreement –
no need na approval: submit copies of an agreement pursuant to reportorial
purposes.
Even if apprenticeship program have been approved LATER, from day 1 from
suffer to work, treated na ng regular employees. No curative effect.

MANNER OF TRAINING APPRENTICE AND LEARNER

Learner – may or may not supplemented by related theoretical instructions.
Hino-hone ang skills ng learner. OJT talaga, titignan if up sila for hiring kaya may
“Commitment to employ”
Apprenticeship – ojt WITH THEORY (may classroom instructions talaga); er may
conduct the training in another venue
OJT --- LEARNERSHIP. Pwedeng may pay or walang pay. Purely on the job,
student don’t need school instructions (yun na ginawa sa school e)

PWDS

- Conditions hiring A and L will also apply to PWDs but the disability shall not hamper the
job
- Pay?
- HSBC, the bank hired PWDs as apprenticeship as coin sorter. Agreement bet bank and
person representing the PWDS. Contract have been regularly renewed. Bank suddenly
want to stop in agreement. PWDs claimed regularization. It is basic that the functions
discharge by employees must be necessarily desirable to the business of employer. Is
the function of coin sorter necessary desirable to the business of the bank?
- IF not needed by the business then it would stop somewhere at some point but bank
went on for years, so the job of PWDs are necessarily.
- There are incentives that may be availed by EMPLOYER in hiring PWDS: Tax incentives.
Motivation for them to hire PWDs and also build infrastructure or model their offices to
be friendly with PWDS.
- Providing ramps for wheelchair, may tax incentives na.
- PWDS we are not only referring sa physical handicapped but also mental disability.
- Pwds dapat capable to work baka employ lang to have tax incentives.
- How can PWDS be discriminated while they are at work?

HOW WOULD YOU KNOW IF THE EMPLOYEE IS DISCRIMINATED AT WORK?

- everything in equal terms, and based on that, there is one individual not treated fairly,
then there is discrimination.
- Generally, how would you know if that person is discriminated at work?
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- In terms of promotion, why is that person treated differently if there is occasion for
promotion? May be discriminated bec of AGE, GENDER (LGBTQ+), ABILITY (PHYSICAL
MENTAL CAPACITY). If the treatment of ER based on that factor that would set apart
the EE among other employees, then there is decrimination.
- In promotion, EE is achieving the same performance with other candidates or even bec
just bec it suffered from physical.mental disability, or too young. Then it is
discriminated.
- In hiring.
- PWDs cry for disability, wala siyang arms, di hinire, JR is mag buhat. Walang
discrimination. The fact that you have to carry certain articles will require both arms.
You’re not discriminated, basis yun sa job req.
- Know the reason behind the condition (BONA FIDE OCCUPATION RULE, certain
conditions that ER may be allowed to impose, but must be implement in GF and may
connection to the business interest and position of EE)

CHILD WORKERS
Min employable age – 15
In Employing apprentice – min age is 15 y/o (RA 9231)
Working Hours
Can the child be employed in mining company? No.
Child in ammunition factory or fireworks factory? No.
Child models? Yes. But there is an exception.
AD agency would tap a child model for advertisement of powdered milk? YES. There is a
scene na iniinom ang milk and ang sasabihin ng child ay PI, mapapamura ka sa sarap.
Not possible.
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There are certain benefits available to female workers.

- VAWC leave

Maternity leave

- Is there an employment requirement? NONE.

"SEC. 14-A. Maternity Leave Benefit. - A covered female employee who has paid at least
three monthly maternity contributions in the twelve-month period preceding the semester of
her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily
maternity benefit equivalent to one hundred percent (100%) of her present basic salary,
allowances and other benefits or the cash equivalent of such benefits for sixty (60) days
subject to the following conditions
- Number of contributions to the SSS. Maternity leave benefit will be advanced by SSS,
conduit lang si company.
- Number of days: 105 days (cesarian or normal delivery)
- Miscarriage/unintentional abortion – 60 days
- Number of times the female can avail the maternity leave benefits for the 1 st four
deliveries for cesarian/normal/abortion – wala ng limitation sa expanded maternity leave
- PECULIAR provision – 7 days for fathers (Additional) How can they avail of that?
- PATERNITY LEAVE ACT – 7 days (SHOULD BE A LEGAL WIFE)
- How to file? Crediting. Can be extended by the female worker to male employee. 7 days
can be credited to the male employee. (As long as he is the father)
- COMMUTABILITY LEAVE – CONVERSION of the number of days of leaves to cash.

Can the male employees ask for conversion of 7 days before the Paternity Leave Act? DOLE
IRR, cannot be converted to cash daw. Why? Go to the purpose why such law is created? For
assisting the wife go through the pain and difficulty of post child birth.

SPECIAL LEAVES FOR WOMEN (Magna carta women)

- Not a ready benefit. Very specific, it can only be availed of there is surgery related to
gynecological. (GYNECOLOGICAL LEAVE)
- They can’t avail such gynecological leave if due to pregnancy. (105 days)
- If pregnant undergo surgery due to gynecological, they can avail.

VAWC LEAVE

- How to avail?

Conditions:

1. The employee has to submit a certification from the Punong Barangay or Kagawad or
prosecutor or Clerk of Court that an action under RA 9262 has been filed and is pending.

2. The use of the 10-day leave is at the option of the employee

3. It shall be used for the days that she need to attend to medical and legal concerns
related to the abuse of employee.

4. Leaves not availed of are non-cumulative and not convertible to cash

- 10 days are expandable if necessity arise, credited to the other available benefits available
to the employee by employer.

SEXUAL HARRASMENT VS GENDER BASED HARRASMENT

How it may be committed?

SH: Offender is person in authority. Offended: under the authority of the offender (cannot
be of equal position).

GBH: Offender, Anyone.

Offended: Anybody.
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SH: Offender wields authority to the offended party. Offender will ask for sexual favor. If
the offended party will give in there will be a favor given to the offended party.

EXAMPLE: Hinahawakan ng boss si employees.

GBH: No requirements, as long as it is unwelcome acts by the offender.

Example: kahit di na hawakan, pwedeng salita lang. demeaning but not sexually
exploting. Offended party need not a female or male employee, may be a members of LGBTQ+

*be very careful what you utter in public, especially before the LGBTQ+

EMPLOYEE ENGAGEMENT

Employer has the prerogative to farmout certain functions connected to the business.

Contractual relationship/agreement. Not illegal per se.

We have provisions against labor only contracting agreement.

Different types of employee engagement:

1. Regular – necessary and desirable to the business of employeer

Example: manager, waiter, cleaners, cook, utility workers (restaurant cannot operate
without them)

Department store – sales representative, security guard, they can farm out such from 3 rd
party bec sec guard is not necessary and desirable to the business of dept store.

Security guard – may be farmed out to the contractor

What would be the terms in labor agreement?

Dept store – owner want to engage service of 3 rd party for the security guard.

In the terms of agreement – the contractor would field sec guard in DS but there is
provision that in case of disciplinary action, DS will be the one.

- Contractor must have a right of control over the employees.

Requisites for Labor Only Contracting

1. substantial capital – not only financial,monetary resources (2M), not enough na to put up
2m. relevant is that of Control.

2. Right of Control – exercised not by principal but by contractor over the hired employees.

Read case Serman Cooperative: 2 types of approaches in determining if contractor is labor

only or not: 1) substantial capital + complied by regulations implemented by DOLE; 2)
Control. Either one of them is present or absent.

Contractor – may also a natural person. Capital that may be put up may be the skills.

Sonza vs ABS: SC declared Sonza as independent contractor. May policy ang abs na that
their talents, nasa PUBLIC affair segment, they should not accept services for commercial
modeling, their services were terminated by ABS CBN. The fact that he was able to
conceptualize his own radio program, adapt a format w/o necessarily approval by
management on who to invite wht topic to talk, indication na INDEPENDENT CONTRACTOR.
Abs cbn housing him as talent, Sonza is an independent contractor kasi may skills siya.

Fuji television – Fuji would exercise control sa lahat ng trabaho ni Espiritu. Whatever she
says on air should have an approval.

Equipment used belong to the network – cameraman would not invest sa camera. Broadcast
industry would not be able to efficiently operate without them so they should be regular
employees.

TRILATERAL CONTRACTUAL RELATIONSHIP

1. principal and hardworkers in labor only contracting – direct employeers

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2. legitimate – principal is indirect er

Principal employer is considered as direct employers. Hired workers shall be considered as

hired workers. They can claim regularization. All benefits shall be given to employee.

Legitimate Job Contracting – liability of principal is solidarity but limited to the extent of
services rendered by the hired worker. Principal is indirect kasi magbaayd lang kapag in
default si Contractor.

2. Project

- at the time of engagement ee should be informed of period or definite project or

undertaking

- if ee was not made aware of the limited duration of services/undertaking, ee is considered

as regular ee from day 1.

Period – may be fixed; undertaking – not fixed but will certainly come

Construction company would engage the service of other. Undertaking must pertain in
different phase. Even if period is not specifically indicated in the contract.

Project ee has been regular renewed. Even if may contract engaging them for certain
duration. They may be considered as regular project ee, but not from day 1.

3. Seasonal – basahin mo na lang may become regular seasonal employee? When? We can
only afford regularization 1) regularly employed based on the season; 2) same postion and
position would still be available.

- kung bagger ka dapat bagger ka lagi

4. Casual – neither regular or project employee. Not limited ang engagement, not desirable
to the work of er. Engagement should not be more than 1 yr, if you engage it for more than
1 yr kahit not necessarily desirable, the effect is that they will become regular after 1 yr.
regular lang if position is available. If not available but made to work for diff capacity, we
will not apply for a limitation of 1 yr

Regular employee should be encompassing. Not

5. Fixed Term

Probationary employee – 6 months ang maximum

In the academe- probationary period is not governed by LC but Manual of Regulations of

Private School. Three consecutive school years. (probationary) / tertiary – depending of
semestral/trisem period (2 sems, 6 conse=cutiver sems); (tri sem ; 9 sem) = total of 3
academic/school years.

Factors for claiming regularization: (FOR ACADEMIC PERSONNEL)*WILL NOT APPLY IF NOT
ACADEMIC PERSON DESPITE WORKING IN school, (LC yung applicable)

1. period

2. teacher should be given a regular teaching load

3. during the probationary period – teacher should always receive a satisfactory grade any
break cannot claimr egularizstion

4, comply min reqs provided by school. (maste’s degree)

May the er and ee agree to extend the probationary period? So that ee can improve in
performance. Probationary ee working necessary to the company. During probationary
period er should be able to evaluate the ee, performace standard should be known to the
ee in the time of engagement otherwise, ee should be treated. (ABOT labolatories)

EE during probationary period, satisfied the er, before the expiration inform na regular sila.
Er thinks na may room for improvement, pag d ka pumasa during PP tatanggalin ka na.
Can there be an extension of the probationary period? YES. Omnibus rules would agree
(Written agreement, not unilateral, hanggang kelan extension, malinaw dapat)
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Security guards – touch on conditions on employment next module

Mandatory vaccination – there should be exceptions. Merong may mga di dapat ma

vaccinate. Ilalagay yan sa policy.