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    2021 Golden Notes - Labor Law

    Uploaded by

    Cyril Frias
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    YR ° auwz} i, [posawz| oO Facuury or Crvit Law (1734) LABOR LAW AND SOCIAL LEGISLATION 2021 GOLDEN NOTES FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS MANILA ‘The UST GOLDEN NOTES is the annual student-edited bar review material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the Notes should be addressed to the Academics Committee of the Team: Bar-Ops. Address: Academics Committee UST Bar Operations Faculty of Civil Law University of Santo Tomas Espajia, Manila 1008 Tel.No: (02) 731-4027 (02) 406-1611 loc. 8578 Academics Committee Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2021 Edition. No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devises or in any other form, for distribution or sale, without a written permission. A copy of this material without the corresponding code either proceeds from an illegal source or is in possession of one who has no authority to dispose the same. Released in the Philippines, 2021. ACADEMIC YEAR 2020-2021 CIVIL LAW STUDENT COUNCIL LYODYCHIE Q.CAMARAO PRESIDENT MARIA FRANCES FAYE R. GUTIERREZ VICE PRESIDENT INTERNAL ‘STEPHEN FLOYD A. GOFEZ VICE PRESIDENT EXTERNAL KRYSTAL GAYLE R. DIGAY SECRETARY NATHAN RAPHAEL D.L. AGUSTIN ‘TREASURER GIAN JUSTIN E. VERONA PUBLICRELATIONS OFFICER IRIS ABIGAIL C. PORAQUE CHIEF-OF-STAFF UST BAR-OPS KRIZA NINA B. MALALUAN CHAIRPERSON ELISHA ELAINE D. BAYOT VICE-CHAIRPERSON INTERNAL JOSEPHINE GRACE W. ANG VICE CHAIRPERSON EXTERNAL MARINETTE M, SOBREVILLA SECRETARY SARAH ANGELA D. EVA HEAD, PUBLIC RELATIONS OFFICER REBECCA JOY M. MALITAO HEAD, FINANCE COMMITTEE JEDIDIAH R. PADUA HEAD, HOTEL ACCOMMODATIONS COMMITTEE SABINA MARIA H. MABUTAS ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE JOEMARI MATHEW R. AGARIN HEAD, LOGISTICS COMMITTEE JOHN FREDERICK A. NOJARA LOGISTICS COMMITTEE KIER JOHN V.UY LOGISTICS COMMITTEE CHRISTINE JOYCE P. ANDRES SENIOR MEMBER ELOUISA ANN D.C. CARREON SENIOR MEMBER NICOLE MARIE A. CORTES SENIOR MEMBER PATRICIA MAE D. GUILLERMO SENIOR MEMBER GLENN MATTHEW C. MANLAPID SENIOR MEMBER CIARIT. MENDOZA SENIOR MEMBER MARYLOU RENZIM, OLOTEO SENIOR MEMBER LOUELLE JUDE B. QUE SENIOR MEMBER JAMES ROSS L. "AN SENIOR MEMBER ATTY. AL CONRAD B. ESPALDON ‘ADVISER ACADEMICS COMMITTEE 2021 MARIA FRANCES FAYE R. GUTIERREZ SECRETARY GENERAL NATHAN RAPHAEL D.L. AGUSTIN, ASST. SECRETARY GENERAL JOHN EDWARD F. FRONDA EXECUTIVE COMMITTEE ‘ANGEL ISAH M. ROMERO EXECUTIVE COMMITTEE KIRBY ANNE C. RENIA EXECUTIVE COMMITTEE KAREN ABBIE C. ASPIRAS EXECUTIVE COMMITTEE JOSE CHRISTIAN ANTHONY 1. PINZON EXECUTIVE COMMITTEE MARIA FRANCES FAYE R. GUTIERREZ LAYOUT ARTIST CIARIT. MENDOZA COVER DESIGN ARTIST LABOR LAW COMMITTEE 2021 KIARA LOUISE T. BALIWAG LABOR LAW COMMITTEE HEAD. NICOLO B. RONGOLAN ASST. HEAD, LABOR STANDARDS PATRICIA MAE H. CABANA ASST. HEAD, SOCIAL LEGISLATIONS BEATRICE ROSE. FANGON ‘ASST. HEAD, LABOR RELATIONS MEMBERS BEYAMARIE F. AMARO GEORJHIA CZARINAH Q. MALALUAN JRAN ALMIRA S. BULONG RIZA FLOR S. MOSQUERA CAITLIN. CABURAO DHEZA C. PENARANDA MARY ANN 6. CRISOSTOMO ANGELICA ROSCEA S. QUIAMBAO JOHN MATTHEW 0. CRUEL PATRICIA ANN T. RECTO CHRISTIAN JOHN A. DELA CRUZ MONIQUE E. RENS IVY MIKHABLA M. FERRIOLS KHARINA MAR V. SALVADOR DANICE GO GAN GIAN JUSTIN E. VERONA LOVELY MAE T. MACARAE ATTY, TEODORO LORENZO A. FERNANDEZ Adviser ACADEMICS COMMITTEE 2020 AYA DOMINIQUE S. CAPARAS SECRETARY GENERAL MARIA FRANCES FAYE R. GUTIERREZ ASST. SECRETARY GENERAL RUTH MAE 6. SANVICTORES EXECUTIVE COMMITTEE NICOLE G. AMANTE EXECUTIVE COMMITTEE JAYSON GABRIEL R. SORIANO EXECUTIVE COMMITTEE CARA ANGELA. FLORES EXECUTIVE COMMITTEE IANA CASSANDRA Y. ESMILE EXECUTIVE COMMITTEE AYA DOMINIQUE S. CAPARAS LAYOUT ARTIST CIARI'T, MENDOZA COVER DESIGN ARTIST LABOR LAW COMMITTEE 2020 ALEXANDER J. CAIRO ‘LABORLAW COMMITTEE HEAD KIARA LOUISE T. BALIWAG ASST. HEAD, LABOR STANDARDS LINCY JANE L. AGUSTIN ASST. HEAD, SOCIAL LEGISLATIONS RUTH MAE G. SANVICTORES ASST. HEAD, LABOR RELATIONS CHRISTIAN MIGUEL A. AUSTRIA ASST. HEAD, LABOR RELATIONS MEMBERS IANA YSABEL ABELEDA PATRICIA BAUTISTA CHRISTIAN DANIELLE A. AUSTRIA RIZA FLOR S. MOSQUERA EVIENNE MARIE CORDERO ‘THERESIANA I. LLENOS JYRUS CIMATU EUNICE BLANCHE L, MANDI EDIELLE ANNES. OBNAMIA GIAN JUSTINE. VERONA ATTY. TEODORO LORENZO A. FERNANDEZ Adviser FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS ACADEMIC OFFICIALS ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABANO, 0.P. DEAN REGENT ATTY. ARTHUR B. CAPILI FACULTY SECRETARY ATTY. ELGIN MICHAEL C. PEREZ LEGAL COUNSEL UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC JUDGE PHILIP A. AGUINALDO SWDB COORDINATOR LENY G. GADIANA, R.G.C. GUIDANCE COUNSELOR OUR DEEPEST APPRECIATION TO OUR MENTORS AND INSPIRATION ATTY. ARNOLD E. CACHO ATTY. BENEDICT G. KATO ATTY. ROLAND L. MARQUEZ DEAN SALVADOR A. POQUIZ ATTY. CESAR E. SANTAMARIA, JR. COMM. LEONARD VINZ OCHOA IGNACIO ATTY. IRVIN JOSEPH FABELLA For being our guideposts in understanding the intricate sphere of Labor Law and Social Legislation. ~ Academics Committee 2021 DISCLAIMER THE RISK OF USE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USER TABLE OF CONTENTS LABOR LAW. CONSTRUCTION IN FAVOR OF LABOR... SECURITY OF TENURE. SOCIAL JUSTICE OTHER CONSTITUTIONAL PROVISIONS ...csovesenens nnn NEW CIVIL CODE AND OTHERLAWS DECLARATION OF BASIC POLICY.. RECRUITMENT AND PLACEMENT. RECRUITMENT OF LOCAL AND MIGRANT WORKERS. PROHIBITED ACTIVITIES IN RECRUITMENT /PLACEMENT ... ILLEGAL RECRUITMENT. - vn ELEMENTS OF ILLEGAL RECRUITMENT. ‘TYPES OF ILLEGAL RECRUITMENT. ILLEGAL RECRUITMENT vs. ESTAFA.. LIABILITIES. ~ LOCAL RECRUITMENT AGENCY... FORFIGN EMPLOYER. a ‘THEORY OF IMPUTED KNOWLEDGE... SOLIDARY LIABILITY. PRETERMINATION OF Ct DIRECT HIRING... a EMPLOYMENT OF NON-RESIDENT ALIENS cen sven LABOR STANDARDS ‘CONDITIONS OF EMPLOYMENT COVERAGE /EXCLUSIONS. HOURS WORKED... MEAL PERIODS. NIGHT SHIFT DIFFERENTIAL... vn m OVERTIME WORK, OVERTIME PAY... — 7 cn ened REST PERIODS. : HOLIDAY PAY ose - 13th MONTH PAY... - ‘SERVICE CHARGE! waGes.. FACILITIES vs. SUPPLEMENTS... NON-DIMINUTION OF BENEFITS. ns ns PAYMENT OF WAGES — — Seances vee PROHIBITIONS REGARDING WAGES... — —ninneere mn WAGE DISTORTION/RECTIFICATION. LRAVES...... ‘SERVICE INCENTIVE LEAVE (SIL). ns MATERNITY LEAVE... con — - PATERNITY LEAVE PARENTAL LEAVE/ SOLO PARENT'S WELFARE ACT (RA. 8972) uu SPECIAL LEAVE BENEFIT FOR WOMEN econo - — ~ LEAVES FOR VICTIMS OF VIOLENCE AGAINST WOMEN and their CHILDREN (R.A. 9262)... ‘SEXUAL HARASSMENT IN THE WORK ENVIRONMEN’ SAFE SPACES ACT wn 7 sn ANTI-SEXUAL HARASSMENT ACT. vn SPECIAL GROUP OF EES. WOMEN WORKERS. DISCRIMINATORY ACTS AGAINST WOMEN EE. STIPULATION AGAINST MARRIAGE... PROHIBITED ACTS. 7 EMPLOYMENT OF MINORS... BATAS KASAMBAHAY. EMPLOYMENT OF HOME WORKERS. APPRENTICES AND LEARNERS : RIGHTS OF PERSONS WITH DISABILITY 7 vee 120 PROHIBITIONS ON DISCRIMINATION AGAINST PERSONS WITH DISABILITY —. need 20 INCENTIVES FOR ERS... POST-EMPLOYMENT EMPLOYER-EMPLOYEE RELATIONSH ‘TESTS OF EMPLOYMENT RELATIONS! KINDS OF EMPLOYMENT. REGULAR EMPLOYMENT, - PROJECT EMPLOYMENT. - ‘SEASONAL EMPLOYMENT CASUAL EMPLOYMENT. - FIXED TERM EMPLOYMENT PROBATIONARY EMPLOYMENT. . SECURITY GUARDS (D.0.NO. 150-16). ~~ FLOATING/ RESERVED STATUS (D.0.No. 150-16, Sec. 10.3). CONTRACTING OR SUBCONTRACTING .. 7 “LABOR-ONLY" CONTRACTING... ESSENTIAL ELEMENTS OF LABOR-ONLY CONTRACTING. ‘TERMINATION BY EMPLOYE! JUST CAUSE... AUTHORIZED CAUSES. HEARING... ‘TERMINATION BY EMPLOYE! RESIGNATION vs. CONSTRUCTIVE DISMISSAL. RELIEFS FOR ILLEGAL DISMISSAL. PREVENTIVE SUSPENSION.. RETIREMENT.. MANAGEMENT PREROGATIVE... RIGHT TO DISCIPLINE.. RIGHT TO TRANSFER OF EMPLOYEES. PRODUCTIVITY STANDARI GRANT OF BONUS CHANGE OF WORK HOURS BONA FIDE OCCUPATIONAL Qt POST-EMPLOYMENT BAI SOCIAL AND WELFARE LEGISLATION.. COVERAGE... EXCLUSIONS FROM COVERAGE... BENEFITS. - UNEMPLOYMENT BENEFIT... : : : DEPENDENTS AND BENEFICIARIES... - ven vn en 219 GSISLAW (RA. 8291). COVERAGE - a EXCLUSIONS FROM COVERAGE... DEPENDENTS AND BENEFICIARIES. BENEFITS. . vn EMPLOYEES’ COMPENSATION PROGRAM .. DISABILITY BENEFIT... sn DEATH BENEFITS... vn POEA STANDARD EMPLOYMENT CONTRACT... — DEATH BENEFITS... vn - — SOLO PARENTS WELFARE ACT.. BENEFITS, AGRARIAN RELATIONS. UNIVERSAL HEALTH CARE LAW. COMMINGLING AND MIXTURE OF MEMBERSHIP. vv vnvvevnnvrrnenenen 269 BARGAINING UNIT. BARGAINING REPRESENTATIVE RIGHTS OF LABOR ORGANIZATION UNION DUES AND SPECIAL ASSESSMENTS. - cn non co 291 AGENCY FEE. COLLECTIVE BARGAINING. UNFAIR LABOR PRACTICE... NATURE co — ASPECTS OF ULP..... ULP COMMITTED BY EMPLOYERS (ULP-ER)... ULP OF LABOR ORGANIZATIONS (ULP-LO) PEACEFUL CONCERTED ACTIVITIES STRIKE, ee PICKETING.. LOCKOUT ASSUMPTION OF JURISDICTION BY THE DOLE SECRETARY. INJUNCTION... sev son JURISDICTION AND REMEDIES .o0nsnnsnnoenionmninenannenennamneenmnnesemnnemsnsennane 387 LABOR ARBITER wnsessnnnsnannnnnnnnnn NATIONAL LABOR RELATIONS COMMISSION.. COURT OF APPEALS. ‘SUPREME COURT. BUREAU OF LABOR RELATIONS. NATIONAL CONCILIATION AND MEDIATION BOARD. DOLE REGIONAL DIRECTOR. DOLE SECRETARY, LABOR LAW AND SOCIAL LEGISLATION BFOQ, DLR ce. CBA cE DOLE Ee Er IRR 1A Le 10 LOA. NcMB NLRC Nsp oFw oT PCE POEA RAB RD RTWoR RW. RwD SEBA SEnA SIL SOLE ULP ur VA \R wo WRD LEGEND Bona Fide Occupational Qualification Bureau of Labor Relations Collective Bargaining Collective Bargaining Agreement Certification Election Department of Labor and Employment Employee Employer Implementing Rules and Regulstions Labor Arbiter Labor Code Legitimate Labor Organization Leave of Absence National Conciliation and Mediation Board National Labor Relations Commission Night Shift Differential Overseas Filipino Worker overtime Petition for Certification Flection Philippine Overseas Employment ‘Administration Regional Arbitration Branch Regional Director Regular Holiday Regional Tripartite Productivity Boards Regular Wage Regular Working Days Sole and Exclusive Bargaining Agent Wages and Single Entry Approach Service Incentive Leave Secretary of Labor and Employment Unfair Labor Practice Undertime Voluntary Arbitrator Voluntary Recognition Wage Distortion Weekly Rest Daj LABOR LAW. FUNDAMENTAL PRINCIPLES AND POLICIES bor Its the exertion by human beings of physical or mental efforts, or both, towards the production of goods and services. (Poqulz, 2012, p.1) The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. (1987 Constitution, Art Il, Sec. 18) bor Law ‘The law that governs the rights and duties of the employer (Er) and employees (Ee) as to: 1. The terms and conditions of employment. and 2. Labor disputes arising from collective bargaining or other concerted activities respecting such terms and conditions. Labor Legislation It consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for those standards and other negotiating, adjusting and administering incidents of employment. (Azicena, Vol. 1, 2016, p. 7) Classification of Labor Laws Labor requirements prescribed by existing laws, rules and regulations as to the terms and conditions of employment relating to wages, hours of work. cost-of-living allowance, and other monetary Including occupational, safety and health standards. (Maternity Children’s Hospital v. Secretary of Labor, GR. No. 78909, June 30, Standards - The minimum and welfare benefits, 1989) egy 13% month pay Labor Relations ~ Defines and regulates the status, institutional mechanisms that govern the rights and duties, and the UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law FUNDAMENTAL PRINCIPLES AND POLICIES Individual and collective interactions of Ers, es or their representatives. €g. Collective Bargaining Negotiations Ls All laws passed by the State to promote public welfare. Social legislation involves laws that provide specific type of protection or benefits to society or segments thereof in furtherance of social justice. It includes statutes intended to enhance the welfare of the people even where thereis no Er-Ee relationship. eg., GSIS Law, SSS Law, PhilHealth, Agrarian Laws ar Governs effects of employment (eg, compensation for injuries) Directly afects employment (eg, wages) Refers to labor statutes like Tabor | Refers to Social Relations Law and | Security Laws Labor Standards Law Focuses onthe particular part of the society or segment thereof, Focuses on the rights of the worker in the workplace NOTE: All labor laws are social legislation, but not all social legislation is labor law. Social legislation as a concept is broader while labor laws are narrower. (Duka, Labor Laws and Social Legislation, A Barrister’s Companion, 2016, p. 2) RU OI Constitution; labor Code and other related special legislation (including their respective IRR); 3. Contracts; 4. CBA; 5. Company practices; and 6. Company policies; ‘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 resolved in favor of labor. (UG Are 4) Tn case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. (NCC, Art. 1702) In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (NCC Art. 10) Protection to Labor When the conflicting interests of labor and capital are weighed on the scales of social justice, the heavier influence of the latter must be counter-balanced by the sympathy and compassion the law must accord the underprivileged worker. This is in line with the express mandate of the Labor Code and the principle that those with less, in life should have more in law. (Fastern Shipping Lines v. POEA, GR. No. 76633, Oct. 18, 1988) It is a time-honored rule that in controversies between a laborer and his master, doubts reasonably arising from the evidence, or ia the Interprotation of agreements and writing, should be resolved in the former's favor. The policy is to extend the doctrine to a greater number of employees who can avail themselves of the benefits under the law, which is in consonance with the policy ofthe State to give maximum ald and protection to labor. (Lepanto Consolidated Mining Co. v. Moreno Dumapis, et. al, GR. No. 163210, Aug. 13, 2008) We need to protect labor because there is no doubt that the employer stands on higher footing than the employes. First of all, there is greater supply than demand for labor. Secondly, the need for employment by labor comes from vital and even desperate, necessity. Consequently, the law must protect labor, at least, to the extent of raising him to equal footing in bargaining relations with capital and to shield him from abuses brought about by the necessity for survival. (Daniel Sanchez et.al. v. Horry Lyons Construction, Inc, et. al, GR. No, 1-2779, Oct. 18, 1950) Q: Several employees of Novo Jeans filed a case of illegal dismissal against Novo Jeans. However, Novo jeans argued that they were able to present the First’ Notice of Termination of Employment sent to employees, asking them to explain their UNIVERSITY OF Sao Tomas 2021 GoLpEN Notes LABOR LAW AND SOCIAL LEGISLATION sudden absence from work without proper authorization. In contrast, the employees alleged that there were only sample letters of the Notices, and there was no evidence to prove that the Notices were sent to them at their last known addresses. They insist that if doubt exists between the evidence presented by the employer and the evidence presented by the employees, the doubt must be resolved in favor of the employees, consistent with the Labor Code's policy to afford protection to labor. Are the employees correct? A: YES. Under the lave, where both parties in a labor case have not presented substantial evidence to prove their allegations, evidence will be considered in equipoise. In such a case, the scales of justice are tilted in favor of labor. (Charlie Hubilla et al. v. HSY Marketing Ltd, Co, et al. GR. No, 207354, fan. 10, 2018. as penned by J Leanen} Compassionate Justice The social justice policy mandates compassionate attitude towards the working ass in its relation to management In calling for protection to labor, the Constitution does not condone wrongdoing by the employee. However, it urges a moderation of the sanctions that maybe applied to him in the light of the many disadvantages that weigh heavily on him like an albatross on his neck. labor Law determinations are not only secundum rationem (according to reason) but also secundum caritatem (according to charity) @enaida Paz v. Northern Tobacco Redrying Co. Inc, G.R. No. 199554, Feb, 18, 2015) It is disregarding rigid rules and giving due weight to all equities of the case. (Gandara Mill Supply and Milagros Sy v. NLRC and Silvestre Germano, G.R.No. 126703, Dec. 29, 1998) ‘The law must protect labor, at least to the extent of raising him to equal footing in bargaining relations with capital and to shield him from abuses brought about by the necessity for survival. (Azucena, Vol 1, 2016,p. 26) Q Whatis the quantum of evidence required in labor cases? (2012 BAR) Az In labor cases, as in other administrative and quasi-judicial proceedings, the quantum of proof necessary Is substantial evidence, or such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (Valencia v. Classique Vinyl Products Corporation, G.R. No, 206390, Jan. 30, 2017) Burden of Proof In determining the employee's entitiement to monetary claims, the burden of proof is shifted from the employer or the employee, depending on the monetary claim sought. (Minsola v. New City Builders, Inc, G.R. No. 207613, Jan. 31, 2018) In an illegal dismissal case, the employce has the burden of proof to first show that he was indeed dismissed rom employment, "Before the employer must hear the burden of proving that the dismissal was legal, the employee must first establish by substantial evidence the fact of his dismissal from service. (Reses v. Global Beer Below Zero, Inc, GR. No. 222816, Oct. 4,2017) 1. Recognition of management rights. The Taw also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play. (St Luke's Medical Center Fes Ass'n v. NLRC, GR No, 162053, March 7, 2007) 2 Principle of Non-Oppression. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. (NCC, Art. 1701) The protection to labor clause in the Constitution is not designed to oppress or destroy capital. (Capili v. NLRC, GR. No. 117378, March 26, 1997) The law in protecting the rights of the employees authorizes neither oppression nor self-destruction of the employer. (Pacific Mills Inc.v. Alonzo, G.R. No. 78090, uly 26, 1991) It should be made clear that when the law tilts the scale of jus; he intent is to balance the scale of justice; to put the two parties on relatively equal positions. There may be cases where the circumstances warrant favoring labor over the interests of management, but never should the scale be so tilted if the result is an injustice to the employer. Justitia nemini neganda est (justice is to be denied to UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law FUNDAMENTAL PRINCIPLES AND POLICIES one). (Philippine Geothermal, Inc. v. NLRC and Alvarez, GR. No. 106370, Sept. 8, 1994) Eon In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other henofits or their monetary equivalent computed from the ‘time his compensation was withheld from him up to the time of his actual reinstatement. (ILC. Art. 279) sa right of paramount value. Precisely, it is given specific recognition and ‘guaranteed by the Constitution no less. The State shall afford protection to labor and "shall assure the rights of workers to. . security of tenure," so runs the Constitutional mandate. (Art. , Sec. 9) (Gity Service Corp. Workers Union v. City Service Corporation, GR. No. 59407, March 29, 1985) Man ‘The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and {ree the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality life for all. (1987 Constitution, Art Il, Sec 9) ‘The State shall promote social justice in all phases of national development. (1987 Constitution, Art. Il See. 10) Aim of L wis Social Social justice is “neither communism, nor espotism, nor atomism, nor anarchy,” but the humanization of 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 insure economic stability ofall the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra~ constitutionally, through the exercise of powers underlying the existence of all governments on the timeshorored principle of salus populi est suprema lex. (Calalang v. Willioms, GR No. 47800, Dec. 2, 1940) The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance, (1987 Constitution, Art XII, Sec. 2) Social Justice 1. Social justice does not champion division of property or equality of economic status. (Guido v. Rural Progress Adm, 1-2089, Oct. 31, 1949) It should not (olerate usurpation of property. public or private. 2. May only protect the laborers who come to court with clean hands (Phil. Long Distance Telephone Ca. v. NLRC, GR. No. 80609, Aug. 23, 1968) and their motives blameless. (Gustilo v. Wyeth Phils, GR. No. 149629, Oct 4,204) 3. Never results in an injustice or oppression of the employer. (Phil Geothermal Inc. ¥. NLRC. G.R. No. 106370, Sept. 8, 1994) 4. IF tis used to shield wrongdoings, 1 cennot be permitted to be the refuge of scoundrels. (PNCC v. NLRC, G2. No 83320, Feb. 9, 1989) Q: May social justice as a guiding principle in labor law be so used by the courts in sympathy with the working man if it collides with the Equal Protection clause of the Constitution? (2003 BAR) A: YES. The State is bound under the Constitution to afford full protection to Labor and when conflicting interests collide and they are to be weighed on the scales of social justice, the law should accord more sympathy and compassion to the less privileged workingman, (Fuentes. NLRC GR. No. 110017, Jan. 2, 1997) However, it should be bome in mind that social justice ceases to be an ellective instrument for the “equalization of the social and economic forces" by the State when it is used to shield wrongdoing. (Corazon Jamer v. NLRC, GR. No. 112630, Sept. 5, 1997) UNIVERSITY OF Sao Tomas 2021 GoLpEN Notes LABOR LAW AND SOCIAL LEGISLATION Although the policy of the state is to rule in favor of labor in light of the social justice provisions under the Constitution, the Court cannot unduly trample upon the rights of management, which are likewise entitled to respect in the interest of fair play [The Philippine Geothermal, Inc. Employees Union v. Unocal Philippines, Inc. (now known as Chevron Geothermal Philippines Holdings, Inc.) G.R. No. 190187, Sept. 28, 2016] fed While social justice is the aim of labor laws, their basisis the police power of the State. Police power is the inherent power of the Government to enact laws within constitutional limits, to promote the order, safety, health, morals, and general welfare of society. (People v. Vera Reyes, GR. No. L-45749, April 5, 1939) State legislatures may enact laws for the protection of the safety and health of employees 3s an exercise of the police power. (Azucene, Vol 1,2016, p. 12) Wire rien or every person to pursue a business accupation, or profession is subject to the paramount right of he government asa part of is police power t9 impose such restrictions and regulations as the protection of the public may require. (bid) Police power itself has to respect the Constitution. The state, when providing by legislation for the protection of the public health, ‘the public morals, or the public safety, is subject to and is controlled by the paramount authorit of the Constitution of the state, and will not be permitted to violate rights secured or guaranteed by that instrument or interfere with the execution of the powers and rights ‘guaranteed to the people under their law ~ the Constitution. (People v. Pomar, G.R. No. L-220088 Nov. 3, 1524) Called ‘the most essential, insistent and ilimitable" of the powers of the State, police power is the "authority to enact legislation that may interfere with personal liberty or property {o promote the general welfare.” In the negative, itis the “inherentand plenary power in the State which enables it to prohibit all that is hurtful to the comfort, safety, and welfare of society." x x x Laws requiring the payment of minimum wage, security of tenure, and traffic safety have been declared not violative of due process for being valid police power legislations. In these cases, PD the test oF standard 1s whether the law Is reasonable. The interests of the State to promote the general welfare, on the one hand, and the right to property, on the other, must be balanced. (PBCAP, S0-LUBOA, INTERBOA, CSJDMBOA v. DOLE and LTFRB, GR. No. 202275, July 17,2018) is a consensual, nominate, principal, and commutative contract whereby one person, called the employer, compensites another, called the laborer, worker or employee, for the latter's service It is a relationship impressed with public interest in keeping with our constitutional policy of social justice. jexsests The supromaey of the law over the nomenclature of the contract and the stipulations contained therein is to bring to lile the policy enshrined in the Constitution to “afford full protection to labor." Thus, labor contracts are placed on a higher ordinar (Leyte Geothermal Power Employees Union-ALU-TUCP v. Philippine National Oil Company-Energy Devt. Corp, GR. Ne. 170251, March 20, 2011) The relations between capital and labor are not ‘merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts ai subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. (WCC, Art. 1700) No law impairing the obligation of contracts shall be passed. (1987 Constitution, Art. Il, Sec. 10) 2. No Involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. [1987 Constitution, Art. Ill, Sec. 18(2)] 3. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid. (NCC, Art. 1703) UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law D® we FUNDAMENTAL PRINCIPLES AND POLICIES (@@itve Gh Operating asa Source oftabor Law ‘The CBA is the norm of conduct between ER and EEs and compliance therewith is mandated by the express policy of the law. (DOLE Philippines, Inc, v.PAMAQ-NFL, GR. No. 146650, Jan. 13, 2003, in citing E: Razor, Inc. v. Secrotary of Labor and Employment, GR. No. 85867, May 13, 1993) ‘Past Company Practices as a Source of Labor law ‘The following requisites must be present: 1. Voluntary institution by the employer without any legal compulsion; 2. Should have been done over a long period oftime; and 3. Must be shown to have been consistent and deliberate. NOTE: No passage of time is required for a company policy to becomea source of labor law. 1. Article I~ Declaration of Principles and ‘State Policies @ 2.9 = 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 quality of life for al. 10 ~ The State shall promote social phases of national justice in all development. Sec. 14 - The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men, Law: RA 9710 - Magna Carta of Women @ sec. 18 - The state affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare, Sec. 20 - The State recognizes the indispensable role of the private sector, encourages private enterprise and provides incentives to needed investments. ‘Article HI Bill of Rights Sec. 1 - No person shall be deprived of life, Hberty, or property without due process of Jaw, nor shall any person be denied the equal protection of the laws. & @} s2e.4- No law shall be passed abridging the freedom of speech, of expression, oF of the press, or the rightof the people peaceably to assemble and petition the government for redress of grievances. Sec. 8 - The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall notbe abridged. @ Law. £0 no. 180 8. 1987 proving guidelines for the exercise of the right to Organize of goverment emplayees, creating 2 pubic Sector Labor Management Counel and for other purposes Sec. 10 - No law impairing the obligation of contracts shall be passed e 82515 Aeron althave evita speedy disposition of their cases before all Judicial, quasi-judicial or administrative bodies. @ See. 18(2)- No invotuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been Gulyconricted Article XII ~ Social Justice and Human Rights @ _8ec.2 - the promotion of socal justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. (@ 825.3 The state sal ard ful protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all @ ie shan guarantee the rights ofall workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of fm University oF Santo Tomas 2021 GoLpEN Notes LABOR LAW AND SOCIAL LEGISLATION @ work and a tiving wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law the State shall promote the principle of shared responsibility between workers and employers and the preferential uso of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace, @ Me state shall regulate the relations between workers and ~— employers, recognizing the right of labor #0 its just Share in the fruts of production and the right of enterprises to reasonable returns to Investments, and to expansion and groseth @ Sec. 13 - the state shall establish a special agency for disabled persons for their tehabilitation, self-development and. self reliance and Weir integration into the ‘mainstream of society. © tave n4 7277 ~ Magna carta for Disables Persan @ sec. 14 - The state shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Law: RA 9710 ~ Magna Carta of Women © Are tne censtutona provisions on tbor A: The constitutional mandates of protection to labor and security of tenure may be deemed as self-executing in the sense that these are automatically acknowledged and observed without need for any enabling legislation However, to declare that the constitutional provisions are enough to guarantee the full exercise of the rights embodied therein, and the realization of ideals therein expressed, would be impractical, if not unrealistic. The espousal of such view presents the dangerous tendency of being overbroad and exaggerated. (Agabon v. NLRC. GR. No, 158593, Nov. 17, 2004) ‘Basic Rights of Workers Guaranteed by the O mate Security oftenure; 2. Living wage; Share inthe fruits of production; 4. Just and humane working conditions; }. Self-organization; 6. Collective bargaining; 7. Collective negotiations; gage in peaceful concerted activities, including the right to strike; and Participate in policy and decision-making processes. (1987 Constitution, Art XI, Se. 3) It should not be supposed that every labor dispute will be automatically decided in favor of labor. Management also has its own rights which are entitled to respect and enforcement in the interest of simple fair play. (Sosito v. Aguinaldo Development Corporation, G.R. No. 48926, Dec. 24, 1987) The CREASES duly: mandated to equally protect and respect nat only the labore, Butalso the management. Right to Select employees Right to Prescribe rules Right to reasonable return on Investments. Right to ‘Transfer or discharge employees GGRR has the right to to regulate all aspects of employment which include, among others, work assignment, working methods, and place and manner of work. (Marsinan & Ca,, Inc. Rodi Sta Rita, G.R. No. 194765, April23, 2018) Management rights are never absolute ‘The Constitution says that the right to own and operate economic enterprises 1s subject to the duty of the State to promote distributive justice ‘and to intervene when the common good so demands. = PeNe 1. Law; 2. Contract, whether individual or collective; and 3. General principles of fair play and justice. UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law FUNDAMENTAL PRINCIPLES AND POLICIES ago ot Rie_beneen Laban It should not be deduced that the basic policy is in favor of labor to prejudice capital. The basic policy is to balance or to coordinate the rights and interests of both workers and employers. (Azucena, Vol. 1, 2016, p. 27) Arts. 3 and 4 of the LC explicitly recognizes shared responsibility of the employers and workers and the right of enterprise to reasonable returns on investment and to expansion and growth. (Ibid.) In employment bargaining, there is no doubt that the employer stands on higher footing than the employee. The law must protect labor, at least, to the extent of raising him to equal footing in bargaining relations with capital and to shield him from abuses brought about by the necessity for survival. (Sanchez, et al v. Harty Lyons Construction Inc, et al GR Na. L-2799, Oct 19, 1950) Yet, the Constitution has not overlooked the rights of capital. The State is mandated to regulate the relations between workers and ‘employers. While labor is entitled to a just share in the fruits of production, the enterprise has the right not orly to reasonable returns on Investments, but also to expansion and growth. Peers @& Newent code ces a Art. 19 - Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith, (Principle of Abuse of Rights) Art. 1700 - The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special Taws on labor unions, collective bargaining, strikes and lock outs, closed shop, wages, working conditions, hours oflabor and similar subject. ‘ArL1701 — Neither capital uor labor shall act oppressively against the other, or impair the interest or convenience of the public. (Principle of Non- Oppression) Art. 1702 ~ In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer Arti703. - No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid Art. 1704 - In collective bargaining, the labor union or members of the board or committee signing the contract shall be able for non-fulfillment thereot. Art. 1708 - The laborer’s wages shall not be subject execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance. Art. 1709 - The employer shall neither seize nor retain any tool or other articles belonging to the laborer. Art. 1710 ~ Dismissal of laborers shall bbe subject to the supervision of the Government, under special laws. 42. Revised Penal Code (RPC) a Art. 289 Formation, maintenance and prohibition of combination of capital or labor through violence or threets ~ Any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor. strike of laborers or lock-out of employees, shall empioy violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions ofthe RPC. @s. speciat ras 2. £0 No, 180 ~ Providing guidelines for the exercise of the Right to Organize of Government Employees, creating a UNIVERSITY OF SANTO TOMAS 2021 GoLpEN Notes LABOR LAW AND SOCIAL LEGISLATION Tue Seaor Labor Management| @)an ssenal drocerair of Lb ulparism Council, and for other purposes. It is composed not only of government b. Soda Security Sytem taw (#40202) | representatives, but also employers and t oncramene Secace lunes Az of | wont The 1997 (RA8291) 13® Month Pay Law (PD 851, as amended) 4 e Paternity Leave Act (RA 8187) & Special Protection of Children Against Retirement Pay Law (RA 7641) Abuse, Exploitation and Discrimination Act (RA 7610, as amended by RA 9231) Anti-Sexual Harassment Act (RA 7877) Magna Carta for Public Health Workers (RA 7305) Solo Parents Welfare Act of 2000 (RA 8972) National Health Insurance Act (RA 7875 es amended by RA9241) Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042, as amended by RA 10022) Personal Equity and Retirement Account (PERA) Act of 2008 (RA 9505) Home Development Mutual Fund Law of 2009 (Ra 9679) ‘The Magna Carta of Women (1A 9710) Magna Carta for Disabled Person (RA 7277) Comprehensive Agrarian Reform Law (RA 6657, as amended by RA 9700) Domestic Workers Actor Kosambahay (RA 10361) Special Program for “Employment of Students (SPES) (RA 7323, as amended ly RA 9547) t Woge Rationalization Act (RA 6727) Limited Portability Law (RA 7699) An Act Allowing the Employment of Night Workers (RA 10151) Batas organizations. principle of tripartism permeates the composition of ILO's deliberative bodies and influences in many respects the contents of ILO instruments. (Ibid) Being an ILO member, the Philippines subscribes to the following fundamental principles on which the ILO is based: 3 e: Sa Laboris not a commodity; Freedom of expression and of association are essential to sustained progress; ‘That poverty anywhere constitutes a danger to prosperity everywhere; and ‘The war against want requires to be carried on with unrelenting vigor within each nation, and by continuous and concerted international effort in which the representatives of — workers and employers, enjoying equal status with those of governments, join with them in free discussion and democratic decision with a view of promotion of the common welfare. (Annex, Declaration Concerning ‘the Aims and Purposes of IO) ‘urthermore, the Philippines is committed to Pursue programs that will achieve certain objectives, including: Full employment and the raising of standards of living Policies in regard to wages and earnings, hours and other conditions of work calculated to ensure a just share of the fruits of progress to all, and a minimum Ee living wage to all employed and in need of such protection: ‘The Philippines is a member of the The effective recognition of the right collective bargaining, the cooperation of ‘management and labor in the continuous improvement of productive efficiency, and International Labour Organization (ILO) which is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour the collaboration of workers and rights. employers in the preparation and application of social and economic re two ormaates incemaional tabou measures; standards in the form of Conventions and | @ The extension of social security measures Recommendations setting minimum standards to providea basic income to all in need of of basic labour rights regulating conditions such protection. (Azucena, Vol. 1, 2016, p. across the entire spectrum of work-related 22) © tivation UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law FUNDAMENTAL PRINCIPLES AND POLICIES | eile Des (FD) No. 2, he wise [@) what Is, beyond one’s power. (CBTC Employees known as the Labor Code of the Philippines, is a Union v. Clave, G.R. No. 49582, Jan. 7, 1986) decree instituting a Labor Code, theceby revising and consolidating labor and socal laws to afford protection to labor, promote employment and human resources “develepment’ and ensure industrial peace based on social justice. It is a charter of human rights and a bill of obligations for every workingman Date of Eifectivity oe Some 0 ood GB. 1 sights and benets granted to workers tinder the Le shall apply alte to all workers whether agricultural or non-agricultural. (LC ares) 1. Government employees PD No, 442 was signed into law 0 2. Empleyees of governmentowned and and six (6) months controlled corporations created by special after its promulgation. or original charter Foreign governments PERU ees International agencies Gre siatestat NOTE: International organizations and intergoveramental bodies are not covered Alford full protection to labor; by the Philippines Labor Laws. The Promote ull employment; Ensure equal work opportunities regardless of sex, race, or creed Regulate the relations between workers Assure the rights of workers to self- organization, collective bargaining. security of tenure, and just and humane conditions of work (1G Art 3) remedy of the aggrieved employee is to file a complaint before the Department of Foreign Aliairs (DFA). (Duka, Labor Laws and Social Legislation, A Barrister’s Companion, 2016, p. 18) Corporate officers /_intra-corporate disputes which fall under PD 902-A and now fall under the jurisdiction of the regular courts pursuant to the Securities Regulation Code. Local water district except where the NIRC's jurisdiction is invoked. Asmay otherwise be provided by the LC. When a GOCC is created by a special charter, itis subject to the provisions of the Civil Service Law while thos 0 Sine Rule-Making Power Granted by the Labor Code ‘The GOB through the SOLE and other Government agencies charged with the administration and enforcement of the LC or any of its parts shall promulgate the necessary IRRs. (1G Art. 5) Mrinistions to tne It must be issued under the authoriy of law; le-Making Power ‘subject to the provisions of ’NOC-EDC v. Legardo, G.R. No. 58404, July 5, 1989) @ 2% aust not be contrary to law and the (@ Lavor__pispute between Government Constitution; and Employees: 3. Must not go beyond the law itself. hea it isthe not the DOLE, who shall hear the spite. (EO No. 180, Sec. 15, June 1, 1987) (© tanh - Arle or regulation promulgsted by administrative body to Implement ‘aap is remaking power is (Azucena, Vol. 1, 2016, p. 30) adi istrative Interpretation which UNIVERSITY OF SANTO TOMAS 10 2021 GoLpEN Notes LABOR LAW AND SOCIAL LEGISLATION ‘The LC may apply even If the parties are not employers and employees of each other. It is. not correct to say that employment relationship is a precondition to the applicability of the Code (2, illegal recruitment, misuse of POEA license). (Azucena, Vol. 1, 2016, p. 33) Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippine labor and social legislation, contract stipulations to the contrary notwithstanding. ‘Thisis in keeping with the basic public policy of the State to afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. For the State assures the basic rights of all workers to self-organization, collective bargaining. security of tenure, and just and humane conditions of work. (PNB v. Cabansug, G.R No, 157010, June 21, 2005) uw UNIVERSITY OF SANTO TOMAS Facutty oF Civit Law RECRUITMENT AND PLACEMENT RECRUITMENT AND PLACEMENT Pern ey item @ sovemmenaws 1. Labor Code 2. Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042, as amended by RA 10022) ment and Placement 1. Any act of | Canvassing —Enlisting Transporting, Contr Utilizing, or Brocuring worker j and Includes Contact services, Referrals, Advertising or Promising for employment. locally or abroad, whether for profit or not. (LC Art. 13(6) id in Recruitmentand © ecenstscesit Placement © 59 person oF entity which, im any manner, tffers or promises fora fe, employment to 2 oF more persons shall be deemed engaged in Teeruitment and placement (1G Are. 131) ‘The definition of "recruitment and placement’ under Art. 13(b) of the Labor Code includes promising or advertising for employment, locally or abroad, whether for profit or not, provided, that any person or entity which, in Be manner, offers or promises for a employment to two or more persons shall be ‘deemed engaged in recruitment and placement. (People v. Racho, GR. No. 227505, Oct. 2, 2017) (OTE: Regardless of the number of persons ‘ealt with, recruitment and placement are still constituted. The proviso merely lays down arule of evidence that where a fee is collected in consideration of a promise or offer of employment to two (2) or more prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act of recruitment and placement. The words "shall be Geemed” create that presumption. (People v. Panis, GR.1-58674-77, July 11, 1990) Private Fee-Charging Employment Ages Private Recruitment Entity. er Entity Any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers. (LC, Art. 13(¢)] eee ry Pienens ested Any person or entity engaged inthe recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. [1C, Art. 13 Cn Jorker is any member of the labor force, whether employed or unemployed. (LC Art 13(a)] (@seatarer refers to any person who is employed or engaged in overseas employment in any capacity on board a ship other than a government ship used for military or non- Commercial purposes. The definition shal include fishermen, cruise ship personnel and those serving on mobile offshore and drilling units in the high seas. (Sec 1(cs), Rule IL Omnibus Rules and Regulations Implementing Migrant Workers Act os amended by RA 10022 (2010)] Geaman is any person empioyed in a vessel rane nee navi fA 3) (@beerseas employment means employment of Wverseas Filipino Worker (OFW) is a person who is to be engaged, is engaged or has been engaged in a 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. Sec. 16), Rule Il, Omnibus Rules and Regulations Implementing Migrant Workers Act as amended by RA 10022 (2010)] Gore: the term “orw" is to be used interchangeably with “migrant worker" as provided in RA 10022. imigrant is any person, worker or otherwise, who immigrates to a foreign country by virtue of an immigrant visa or resident permit or its UNIVERSITY OF SANTO TOMAS 2021 GOLDEN NoTES 2 LABOR LAW AND SOCIAL LEGISLATION equivalent in the country of destination. (LG Are 13fi)) cation of OFWs @ cass @.« Land-Based - contract workers engaged in offshore activities whose occupation requires that majority of /—_his ‘working/gainful hours are spent on land; Sea-Based - those employed in a vessel engaged in maritime navigation. (Azucena, Vol. 1, 2016, p52) i Tin No person or entity other than public employment offices, shall engage in the recruitment and placement of workers. (LC Art 16) Reason for the ban on direct hiring: It is a form of protection for the Filipino workers, so that they will not fall prey to unscrupulous and abusive foreign employers who might victimize them in the absence of government regularization. (Duka, Labor Laws and Social Legislation, A Barrister’s Companion, 2016, p.42) Gene f Public employment offices 2. Private employment offices 3. Private recruitment entities 4. Shipping or manning agents or representatives 5. The POEA, 6. Construction contractors if authorized by the DOLE and Construction Indastry Authority 7. Members of the diplomatic corps (but hizing mustbe processed through POEA) 8 Other persons or entities as may be authorized by the SOLE 9, Name hires (Sec. 1fi, Rule Hl, Omnibus Rules and Regulations implementing the Migrant Workers and Overseas Filipinos ‘Act of 1995, as amended by RA 10022) © Name Hires Individual workers who are able to secure contracts for overseas. employment opportunities with employers without the assistance or participation of any agency. (Omnibus Rules and Regulations implementing the Migrant Workers and Overseas Filipinos Act of 1995 as amended by RA 10022, Rule Il) Yip NOTE: Name hires shal pass Hucugh the FORA for processing purposes and should be registered under POEA for protection, manana ADMINISTRATION (POEA) 1. Protection of the right of Filipino workers to fair and equitable employment practices. 2. Regulation of private sector participation in the recruitment and overseas placement of workers by setting up a licensing and registration system. 3. Deployment of Filipino workers through Government to Government hiring. 4, Formulation, implementation, and monitoring of overseas employment of Filipino workers taking into consideration their welfare and domestic manpower requirements. Shall inform migrant workers not only of their rights as workers but also of their rights as human beings, instruct and guide the workers how to assert their rights and provide the available mechanism to redress violation of their rights. 6. Implementation, in parmership with other law-enforcement agencies, of an intensified program against illegal recruitment activities. (Sec. 14, RA 10022) r to Termina Impose a Ban Employment of Misrant Workers J@ te POEA may at anytime terminate or impose a ban on employment of migrant workers, to do so, in consultation with the DEA based on the f grounds: In pursuit of the national interest; or When public welfare so requires (Sec. 4, RA 10022) 1. Guaranteed wages for regular work hours and overtime pay, not lower than the ‘minimum wage prescribed in: @ & Mebos county: beer” apomene international convention ratified by the host county andthe Piippnes @ & The Phitippines. UNIVERSITY OF SANTO TOMAS 18 FAcuuty oF Civit Law RECRUITMENT AND PLACEMENT @ 2. Free cansportaton to and fom the worksite or offsetting benefit @> Festool secommodaon or oseting benefit ¢ Just/authorized causes of termination of the entract or services ofthe worker An agreement that diminishes the ‘employees’ pay and benefits as contained in a POEAapproved contact ts

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