SYLLABUS FOR THE 2023 BAR EXAMINATIONS 5.

Termination of Contract of Migrant Worker

LABOR LAW AND SOCIAL LEGISLATION (10%) B. Employment of Non-Resident Aliens
NOTE: All Bar candidates should be guided that only laws, rules, issuances, and C. Discriminatory Practices
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are 1. Age (RA 10911 or the Anti-Age Discrimination in Employment Act)
Page 1 of 52. Gender and/or Marital Status (RA 9710 or the Magna Carta of
examinable materials within the coverage of the 2023 Bar Examinations.
I. Women)
Fundamental Principles and Concepts 3. Health Condition (RA 7277 or the Magna Carta for Disabled
A. Legal Basis Persons)
1. 1987 Constitution 4. Solo Parents (Sec. 7, RA 8972, as amended by RA 11861)
2. Civil Code III.
3. Labor Code Employment Proper
B. State Policy Towards Labor A. Management Prerogative
1. Security of Tenure 1. Discipline
2. Social Justice 2. Transfer of Employees
3. Equal Work Opportunities 3. Productivity Standard
4. Right to Self-Organization and Collective Bargaining 4. Bonus
5. Construction in Favor of Labor 5. Change of Working Hours
6. Burden of Proof and Quantum of Evidence 6. Bona Fide Occupational Qualifications
II. 7. Marriage Between Employees of Competitor-Employers
Pre-Employment 8. Post-Employment Restrictions
A. Recruitment and Placement of Local and Migrant Workers B. Labor Standards
1. Definition of Recruitment and Placement 1. Conditions of Employment
2. Regulation of Recruitment and Placement Activities a) Coverage
a) Regulatory Authorities b) Hours of Work
(1) Philippine Overseas Employment Administration (1) Normal Hours of Work and Hours Worked
(2) Regulatory and Visitorial Powers of the Department (2) Compressed Work Week
of Labor and Employment Secretary (3) Meal Periods
b) Ban on Direct Hiring (4) Night-Shift Differential
c) Entities Prohibited from Recruiting (5) Overtime Work
d) Suspension or Cancellation of License or Authority (6) Computation of Additional Compensation (Rates
e) Prohibited Practices [Article 34, Labor Code] only)
3. Illegal Recruitment [Labor Code and the Migrant Workers and c) Rest Periods
Overseas Employment Act of 1995 (RA 8042), as amended by RA d) Holidays
10022] e) Service Charge [Article 96 of the Labor Code, as amended
a) Elements by RA 11360]
b) Types f) Occupational Safety and Health Standards Law (RA 11058)
c) Illegal Recruitment vs. Estafa (1) Covered Workplaces [Sec. 3(c)]
4. Liability of Local Recruitment Agency and Foreign Employer (2) Duties of Employers Workers and Other Persons
a) Solidary Liability [Sec. 4]
b) Theory of Imputed Knowledge (3) Workers’ Right to Know [Sec. 5]
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Hannah Cris A. Echavez 2023 Bar Syllabus for Labor
(4) Workers' Right to Refuse Unsafe Work [Sec. 6] (a) Magna Carta for Disabled Persons (RA 7277)
(5) Workers' Right to Personal Protective Equipment (b) Mental Health Act (RA 11036)
(PPE) [Sec. 8] (2) Incentives for Employers
2. Wages 5. Sexual Harassment in the Work Environment
a) Definitions a) Sexual Harassment Act (RA 7877)
(1) Wage vs. Salary b) Safe Spaces Act (Article IV of RA 11313 only; Exclude:
(2) Facilities vs. Supplements Liability of Employers)
b) Principles C. Social Welfare Legislation
(1) No Work, No Pay 1. SSS Law (RA 8282, as amended by RA 11199)
(2) Equal Pay for Equal Work a) Coverage
(3) Fair Wage for Fair Work b) Dependents and Beneficiaries
Page 2 of 5(4) Non-Diminution of Benefits c) Benefits
c) Payment of Wages 2. GSIS Law (RA 8291)
d) Prohibitions Regarding Wages a) Coverage
e) Wage Distortion b) Dependents and Beneficiaries
(1) Concept c) Benefits
f) Minimum Wage Law 3. Disability and Death Benefits
g) Holiday Pay a) Labor Code
h) 13th Month Pay b) POEA-Standard Employment Contract
3. Leaves Page 3 of 5D. Labor Relations
a) Service Incentive Leave 1. Right to Self-Organization
b) Maternity Leave a) Coverage
c) Paternity Leave b) Eligibility for Membership
d) Solo Parent Leave (RA 8972, as amended by RA 11861) c) Doctrine of Necessary Implication
e) Leave Benefits for Women Workers Under Magna Carta of d) Commingling or Mixed Membership
Women (RA 9710) and Anti-Violence Against Women and e) Effect of Inclusion as Members of Employees Outside of
their Children of 2004 (RA 9262) the Bargaining Unit
f) Compassionate Leaves 2. Bargaining Unit
4. Special Groups of Employees 3. Bargaining Representative
a) Women 4. Rights of Labor Organizations
(1) Discrimination a) Check Off, Assessment, and Agency Fees
(2) Stipulation Against Marriage b) Collective Bargaining
(3) Prohibited Acts (1) Economic Terms and Conditions
b) Minors (2) Non-Economic Terms and Conditions
c) Kasambahays (3) Duty to Bargain Collectively
d) Homeworkers (4) Mandatory Provisions in the Collective Bargaining
e) Night Workers Agreement (CBA)
f) Apprentices and Learners 5. Unfair Labor Practices
g) Persons With Disabilities a) Nature and Aspect
(1) Discrimination b) By Employers
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Hannah Cris A. Echavez 2023 Bar Syllabus for Labor
c) By Organizations Jurisdiction and Remedies
6. Peaceful Concerted Activities A. Labor Arbiter
a) Strikes (Valid vs. Illegal) 1. Jurisdiction of Labor Arbiter vs. Jurisdiction of Regional Director
b) Picketing 2. Requisites to Perfect an Appeal With the National Labor
c) Lockouts Relations Commission
d) Assumption of Jurisdiction by the DOLE Secretary 3. Reinstatement and/or Execution Pending Appeal
E. Telecommuting Act (RA 11165) B. National Labor Relations Commission
1. Definition [Sec. 3] C. Court of Appeals
2. Telecommuting Program [Sec. 4] D. Supreme Court
3. Fair Treatment [Sec. 5] E. Bureau of Labor Relations
IV. F. National Conciliation and Mediation Board
Post-Employment 1. Conciliation vs. Mediation
A. Employer-Employee Relationship G. DOLE Regional Directors
1. Tests to Determine Employer-Employee Relationship H. DOLE Secretary
2. Kinds of Employment 1. Jurisdiction
a) Regular 2. Visitorial and Enforcement Powers
b) Casual 3. Power to Suspend Effects of Termination
c) Probationary 4. Remedies
d) Project I. Voluntary Arbitrator
e) Seasonal J. Prescription of Actions
f) Fixed-Term 1. Money Claims
g) Floating Status 2. Illegal Dismissal
3. Legitimate Subcontracting vs. Labor-Only Contracting 3. Unfair Labor Practices
a) Elements 4. Offenses Under the Labor Code
b) Trilateral Relationship 5. Illegal Recruitment
c) Solidary Liability —--------------------------------------NOTHING FOLLOWS—--------------------------------------
Page 4 of 5B. 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 Workers Under RA 8042 as
amended by RA 10022
C. Termination of Employment by Employee
1. Resignation vs. Constructive Dismissal
D. Preventive Suspension
E. Reliefs from Illegal Dismissal
F. Retirement
V.
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Hannah Cris A. Echavez 2023 Bar Syllabus for Labor