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
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)

B. 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

1. 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