Labor Code -

effectivity Nov. 1,
1974
draft - may 1, 1974
I. Fundamental Principles and Concepts
A. Legal Basis
1. 1987 Constitution

2. Civil Code

3. Labor Code

B. State Policy Towards Labor

1. Security of
Tenure
 2. Social Justice

3. Equal Work
Opportunities
4. Right to Self-
Organization and
Collective
5. Construction in
Favor of Labor

6. Burden of Proof
and Quantum of
II. Pre-Employment
A. Recruitment and Placement of Local and Migrant Workers
1. Definition of
Recruitment and
Placement

2. Regulation of
Recruitment and
Placement
a) RegulatoryActivities
Authorities
(1) Philippine
Overseas
Employment
(2) Regulatory and
Visitorial Powers of
the Department of
Labor
b) Banand
on Direct
Hiring
c) Entities
Prohibited
d) Suspension fromor
Cancellation of
License or Authority
e) Prohibited
Practices [Article
34,Illegal
3. Labor Code]
Recruitment [Labor
Code and the
Migrant Workers
and Overseas
a) Elements
b) Types
c) Illegal
Recruitment
4. Liability of vs.
Local
Recruitment Agency
and Foreign
 a) Solidary Liability
b) Theory of
Imputed Knowledge
5. Termination of
Contract
B. Employment of Non-Resident Aliensof Migrant
C. Discriminatory Practices
1. Age (RA 10911
or the Anti-Age
Discrimination
2. Gender and/orin
Marital Status (RA
9710
Women)or the Magna
3. Health Condition
(RA 7277 or the
Magna
Persons)Carta for
4. Solo Parents
(Sec. 7, RA 8972,
as amended by RA
III. Employment Proper
A. Management Prerogative
1. Discipline
2. Transfer of
Employees
3. Productivity
Standard
4. Bonus
5. Change of
Working Hours
6. Bona Fide
Occupational
7. Marriage Qualifi
Between
Employees
8. of
Post-Employment
B. Labor Standards Restrictions
1. Conditions of
Employment
a) Coverage
b) Hours of Work
(1) Normal Hours of
Work
(2) and Hours
Compressed
Work Week
(3) Meal Periods
(4) Night-Shift
Differential
(5) Overtime Work
(6) Computation of
Additional
Compensation
only)
c) Rest Periods
d) Holidays
e) Service Charge
[Article 96 of the
Labor
by RA Code,
11360]as
f) Occupational
Safety and Health
Standards
(1) CoveredLaw (RA
Workplaces
(2) Duties of [Sec.
Employers Workers
andWorkers’
(3) Other Persons
Right
to Know [Sec. 5]
(4) Workers' Right
to Refuse Unsafe
Work [Sec. 6]Right
(5) Workers'
to Personal
Protective
2. Wages
a) Defi nitions
(1) Wage vs. Salary
 (2) Facilities vs.
Supplements
b) Principles
(1) No Work, No
Pay
(2) Equal Pay for
Equal
(3) FairWork
Wage for
FairNon-Diminution
(4) Work
of Benefi ts of
c) Payment
Wages
d) Prohibitions
Regarding Wages
e) Wage Distortion
(1) Concept
f) Minimum Wage
Law
g) Holiday Pay
h) 13th Month Pay
3. Leaves
a) Service Incentive
Leave
b) Maternity Leave
c) Paternity Leave
d) Solo Parent
Leave (RA 8972, as
amended by RA ts
e) Leave Benefi
for Women Workers
Under Magna Carta
of Women (RA
9710) and Anti-
f) Compassionate
Leaves
4. Special Groups
of
a) Employees
Women
(1) Discrimination
(2) Stipulation
Against Marriage
(3) Prohibited Acts
b) Minors
c) Kasambahays
d) Homeworkers
e) Night Workers
f) Apprentices and
Learners
g) Persons With
Disabilities
(1) Discrimination
(a) Magna Carta for
Disabled Persons
(RAMental
(b) 7277) Health
Act (RA 11036)
(2) Incentives for
Employers
5. Sexual
Harassment in the
Work Environment
a) Sexual
Harassment
b) Safe Spaces ActAct
(Article IV of RA
C. Social Welfare Legislation 11313 only;
1. SSS Law (RA
8282, as amended
by RA 11199)
a) Coverage
b) Dependents and
Benefi ciaries
c) Benefi ts
2. GSIS Law (RA
8291)
a) Coverage
b) Dependents and
Benefi ciaries
c) Benefi ts
3. Disability and
Death Benefi
a) Labor Codets
 b) POEA-Standard
D. Labor Relations Employment
1. Right to Self-
Organization
a) Coverage
b) Eligibility for
Membership
c) Doctrine of
Necessary
d) Commingling or
Mixed
e) EffectMembership
of
Inclusion as
Members
2. Bargainingof Unit
3. Bargaining
Representative
4. Rights of Labor
Organizations
a) Check Off,
Assessment,
b) Collective and
Bargaining
(1) Economic Terms
andNon-Economic
(2) Conditions
Terms
(3) Dutyand
to Bargain
Collectively
(4) Mandatory
Provisions in the
Collective
5. Unfair Labor
Practices
a) Nature and
Aspect
b) By Employers
c) By Organizations
6. Peaceful
Concerted
a) Activities
Strikes (Valid vs.
Illegal)
b) Picketing
c) Lockouts
d) Assumption of
Jurisdiction by the
DOLE Secretary
E. Telecommuting Act (RA 11165)
1. Defi nition [Sec.
3]
2. Telecommuting
Program
3. [Sec. 4]
Fair Treatment
[Sec. 5]
IV. Post-Employment
A. Employer-Employee Relationship
1. Tests to
Determine
Employer-Employee
2. Kinds of
Employment
a) Regular
b) Casual
c) Probationary
d) Project
e) Seasonal
f) Fixed-Term
g) Floating Status
3. Legitimate
Subcontracting vs.
Labor-Only
a) Elements
b) Trilateral
Relationship
c) Solidary Liability
B. Termination of Employment by Employer
1. Just Causes
2. Authorized
Causes
3. Due Process
a) Twin Notice
Requirement
b) Hearing
 4. Termination of
Contract of Migrant
C. Termination of Employment Workers Under RA
by Employee
1. Resignation vs.
D. Preventive Suspension Constructive
E. Reliefs from Illegal Dismissal
F. Retirement

V. Jurisdiction and Remedies

A. Labor Arbiter
1. Jurisdiction of
Labor Arbiter vs.
Jurisdiction
2. Requisites ofto
Perfect an Appeal
With the National
Relations
Commission
3. Reinstatement
and/or Execution
Pending Appeal
B. National Labor Relations Commission
C. Court of Appeals
D. Supreme Court
E. Bureau of Labor Relations
F. National Conciliation and Mediation Board
1. Conciliation vs.
G. DOLE Regional Directors Mediation
H. DOLE Secretary
1. Jurisdiction
2. Visitorial and
Enforcement
3. Power to
Suspend
4. RemediesEffects of
I. Voluntary Arbitrator
J. Prescription of Actions
1. Money Claims
2. Illegal Dismissal
3. Unfair Labor
Practices
4. Offenses Under
theIllegal
5. Labor Code
Recruitment
Labor law refers to the set of rules and principles which protect and promote the interest
of labor and rgulate the relations between capital and labor or between employers and
employees

State Policies:

Sec. 9, Article II - The state shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard
of living and an improved qualify of life for all"

Sec 10, Art II - The state shall promote social justiice in all phases of development

Sec 14, Art II - the state recognizes the role fo women in antion building and shall ensure
the fundamental equality before the law of women and men

Sec/ 18, Art II - The state affirms labor as a primary social force. It shall protect the rights
of workers and promote their welfare

SEVEN BASIC RIGHTS OF WORKERS - the rights to organize, to conduct collective

bargaining or negotiation with management; to engage in peaceful concerted
actvities,including strike in accordance with law; tp enjoy security of tenure, to work under
humane conditions; to receive a living wage; and to participate in policy and decision-
making processess affecting their rights and benefits as may be provided by law (Sec.3,
Art. 13)

Art 1700, NCC

The relations between capital and labor are not merely contractual. They are so
impressed with public interest that labor ccontracts must yield to the common good.
Therefore, such contracts are subject to the special alws, on labor unions, collective
bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor
and similar subjects

Art 1701, NCC

Neither capital nor labor shall act oppressively against the other or impair the interst or
convenience of the public

Article 4, Labor Code

All doubts in the implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations, shall be resolved in favor of labor

Reason - In carrying out and interpreting the labor code's provisions and its implementing
regulations, the working man's welfare should be the primordial and paramount
consideration

Article 3. Declaration of Basic Policy - The State shall afford protection to labor, proote full
employment, ensure equal work opportunities refardless of sex, race or creed and
regulate the relations between workers and employes. The state shall assure the rights
of workers to self-organization, collective bargaining, security of tenure and just and
humand conditions of work.
 Article 3. Declaration of Basic Policy - The State shall afford protection to labor, proote full
employment, ensure equal work opportunities refardless of sex, race or creed and
regulate the relations between workers and employes. The state shall assure the rights
of workers to self-organization, collective bargaining, security of tenure and just and
humand conditions of work.

Art. 4 - Construction in favor of labor - All doubts in the implementation and interpretation
of the provisions of this Code, including its implementing rules and regulations, shall be
resolbed in favor of labor

al and Migrant Workers

Art. 13, Definitions - Recruitment and Placement refers to any act of canvassing,
enlisting, contracting, transporting, utilizing hiring, or procuring workers, and includes
referrals, contract services, promising or advertising for employment, locally or abroad,
whether for profit or not: Provided, that any person or entity which, in any manner, offers
or promises for a fee, emplyment to two or more persons shall be deemed engaged in
recruitment and placement

THE NUMBER OF PERSONS DEALT WITH IS NOT THE BASIS IN DETERMINING

WHETHER OR NOT AN ACT CONSTITUTES RECRUITMENT AND PLACEMENT.
(PEOPLE V PANIS)
Social Justice - is neither communism, nor depotism, nor
atomism, nor anarchy, but the humanization of the laws and the
equalization of social and economic forces by the state so that
justice in its rational and objectively secular conception may at
least be approximated. Social Justice means the promotion of
the welfare of all the people, the adoption by the Government of
measures calculated to ensure economic stability of all
competent elements of society throught the maintenance of
proper economic and social equilibrium in the interralitions of the
membrs of the community, constitutionally, through the adoption
of measures,justifiable or extra constitutionally, through th
exercise of the time honored principle of salus populi est
suprema lex

OVERSEAS FILIPINO WORKERS - a person who is to be

engaged, is engaged or has been engaged in a renumerated
activity in a state of which he or she is not a citizen or on board a
vessel navigating rhe foreign seas other than a government ship
used for military or noncommercial purposes or on an installation
located offshore or on the high seas, to be used interchangeably
with migrant worker