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    766 views438 pages

    Labor Law (2021 SBU Memory Aid) - Compressed

    Uploaded by

    Mae Perez

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    ELISA ANGELA F, ABILLAR subjuet Chaipersen __SITTIENASRIYYAH.G. GUBAT Assistant Subject Chaiperson MIKEE G. CHAN. ‘subject Electronic Data Processing SUBIECT HEADS ~~ FRANZ RAPHAEL NM. VELASCO Labor Standards KATHRINE @, PANGUITO Labor Relations JUDEE HAE E. HAMOR ‘Spocial Laws and Social Legislation SUBJECT MEMBERS MICAH MARIE F, NAADAT ‘QUENNIE MINALETE B, DISTURA SOFIA NINIEL F. DOMINGO: JYDEL NOVA R. FAMENTERA MA. CHERIE JANE G. LABANGCO- HAZEL LEI P. MANUEL ‘STEPHANO REI P, OLIVEROS _ << _ SUBJECT ADVISERS aa ‘Atty, JOYRICH M.GOLANCO Atty, RYAN S, MERCADER > Atty. MARLON J, MANUEL Alty, PETER-JOEY B. USITA ‘Malo: Ket honas G. liga: Kosta Grace G. Ang: Valery i: Maren Hom Sy 5, Agi Grows Pacts Bn A Escola, Shown Rosa OOo TEH6 G, Mendoza Hussein R. Horry Ala Roghs G. Pagina Marae P: Va Gubine s Bt ean ky ‘Anthony; Jarhsanken, Persian D. Orteza; Katherine Kays ‘i z i ip Cursnany ork Evie ©. Alcside; Mariya Anghela C. Sev: Kallyn B68 A. Co ie Clason ae Dana be Gu Arar Basie ‘Bemap, Gabrete Anns 6, EndoviasMl Gonzalo, and Srvay 1 Maban't 4 ba MEMOS = VA se Ge “convent sp .avour ream > Kelvin Jones G. Aliga Franz Daniele F, Dele Orez, ‘arystel Graée G. Ang ‘Ana Maria Boatrice G. Dina i 5 Mahle Mareo . Gabriele Anne’S. Endona. : Hanneh Kham H: Nranda : Micah Regina a. Gonzales Camile D. Recalds Seneny T. Mab ABOUT US ‘The RGCT ~ Bar Operations Center is a recognized organization of the San “Univesity College of Lae dedicated to assisting ovr Bedan brothers and sisters in their pre and "preparations in taking the Philippine Bar Examinalion$ administered by the Supreme Cé © Openations Group formerly known as the Centralized Bar Operotions was renamed ag the RGCE = Ba Operations Center in honor of out beloved Mother of Lions, Aly. Risel @ Castlo-Taleon tet life dedication in teaching and for caring and taking the Organization under her wings: Working on continuing her legacy, the RGCT ~ Bar Operations Center continues to innovate and imprave'ts ‘services for our Bedas Bellferiamidst the COVID-19 pandemic, eee ‘The MEMORY AID (MemAid) is a compendium — @ synthesis of different law Materials avaitable to the public, emphasizing pertinent details that its readers need to be familiar with. Being thorough and extensive; the MemAid aifns to help barristers in “their preparations for the ber, maximizing theif tine by doing away with the need of feading a (ot of diferent review materials. Thus, the MemAid is the barristers) much needed companion This year, the San Beda, University-RGCT Ber Operations Center (BarOps) continues to uphold its legacy of service and excellenceiin helping the barristers hurdle the bar. It is then the fervent hope of the (BarOps) that the MemAjid will contribute to the success of all barristers as they hurdle the last leg of their journey towards becoming the lawyers they aspire to be. UT IN OMNIBUS GLORIFICETUR DEUS! That in all things, God may be glorified! "2020-2021 THIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA UNIVERSITY COLLEGE OF LAW - ROCT BAR OPERATIONS CENTER. THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION © OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITE _ MemOny alpen PRELIMINARY TITLE seo CHAPTER I, GENERAL PROVISIONS... ARTICLE 1: NAME OF DECREE ARTICLE 2:DATE OF EFFECTIVITY ARTICLE 3: DECLARATION OF BASIC POLICY . ARTIGLE 4: CONSTRUCTION IN FAVOR OF LABOR. ARTICLE 5: RULES AND REGULATIONS ARTICLE 6: APPLIGABILITY. CHAPTER I: EMANCIPATION OF TENANTS PRE-EMPLOYMENT ARTICLE 12: STATEMENT OF OBJECTIVES. THLE I RECRUITMENT AND PLACEMENT OF WORKERS CHAPTER |: GENERAL PROVISIONS. ARTICLE 19; DEFINITIONS: ARTICLE 14: EMPLOYMENT PROMOTION - ARTICLE 16: BUREAU OF EMPLOYMENT SERVICES ARTICLE 18: BAN ON DIRECT HIRING... ARTICLE 19. COMMISSION ON FILIPINOS OVERSEAS, ARTICLE 20: NATIONAL SEAMEN BOARD. ARTICLE 21. FOREIGN SERVICE ROLE AND PARTICIPATION... ARTICLE 22: MANDATORY REMITTANCE OF FOREIGN EXCHANGE EARNINGS CHAPTER lI, REGULATION OF RECRUITMENT ANO PLACEMENT ACTIVITIES ARTICLE 25: PRIVATE SECTOR PARTICIPATION IN RECRUITMENT AND PLAGENENT ACTIMITIES.. ARTICLE 26° TRAVEL AGENCIES PR ARTICLE 27. CITIZENSHIP REQUIREMENT ARTICLE 28: CAPITALIZATION. [ARTICLE 29; NON-TRANSFERABILITY OF LIGENSE OR AUTHORITY... ARTICLE 30: REGISTRATION FEES. ARTICLE 31: BONDS OR ESCROW DEPOSITS ARTIGLE 92: FEES TO BE PAID BY WORKERS. ARTICLE 33: REPORTS ON EMPLOYMENT STATUS. ARTICLE 34: PROHIBITED PRACTICES a ARTICLE 35: SUSPENSION ANDIOR CANCELLATION OF LICENSE OR AUTHORITY, ARTICLE 36: REGULATORY POWER ARTIGLE 37: VISITORIAL POWER. ‘ARTICLE 38: ILLEGAL RECRUITMENT. ARTICLE 39: PENALTIES ARTICLE 17: PHILIPPINE OVERSEAS AND EMPLOYMENT ADMINISTRATION EMPLOYMENT OF NON-RESIDENT ALIENS. : TITLE ll: EMPLOYMENT OF NON-RESIDENT ALIENS... ARTICLE 40; EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS... ARTICLE 41: PROHIBITION AGAINST TRANSFER OF EMPLOYMENT. ARTICLE 42: SUBMISSION OF LIST... HUMAN RESOURCES DEVELOPMENT... TITLE |: NATIONAL MANPOWER DEVELOPMENT PR CHAPTER |. NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION .... ARTICLE 43-56: TECHNICAL EDUCATION AND SKILLS SEVELOPMENT AUTHORITY, TITLE I: TRAINING AND EMPLOYMENT OF SPECIAL WORKERS APPRENTICES CHAPTER I: APPRENTICES os ‘ARTICLE $7: STATEMENT OF OBJECTIVES FOR THE Sans AND EWPLOVIIENT OF ‘SPECIAL WORKERS ...... ARTICLE 58 DEFINITION OF TERMS... : ARTICLE 69: QUALIFICATIONS OF API ICES ‘ARTICLE 60: EMPLOYMENT OF APPRENTICES: RECRUT TABLE OF CONTENTS wenav ees TABLE OF CONTENTS ARTICLE 67: CONTENTS OF APPRENTISHIP AGREEMENT... ARTICLE 62: SIGNING OF APPRENTICESHIP AGREEMENT. ARTICLE 63: VENUE OF APPRENTICESHIP PROGRAM .. "ARTICLE 64: SPONSORING OF APPRENTICESHIP PROGRAMS... ‘ARTICLE 65-67 VIOLATION OF APPRENTICESHIP AGREEMENT [ARTICLE 68: APTITUDE TESTS. [ARTICLE 69: RESPONSIBILITY FOR THEORETICAL INSTRUCTION... [ARTICLE 70: VOLUNTARY ORGNIZATION OF APPRENTICESHIP PROGRAMS ie ARTICLE 74: DEDUCTABILITY OF TRAINING COSTS... +) ARTICLE 72: APPRENTICES WITHOUT COMPESANTION LEARNERS. CHAPTER I: LEARNE [ARTICLE 73: LEARNERS DEFINED... ARTICLE 74: WHEN LEARNERS MAYBE HIRED, ARTICLE 75: LEARNERSHIP AGREEMENT. ARTICLE 76: LEARNERS IN PIECEWORK. ARTICLE 77: PENALTY CLAUSE. HANDIGAPPED WORKERS. CHAPTER Ill HANDICAPPED WORKERS. ‘ARTICLE 78: DEFINITION. : ‘ARTICLE 79: WHEN.S A HANDICAPPED WORKER EMPLOYABLE . [ARTICLE 80: EMPLOYMENT AGREEMENT CONTENTS.. ARTICLE 81: ELIGIBILITY FOR APPRENTICESHIP. CONDITIONS OF EMPLOYNIENT in ‘TITLE |: WORKING CONDITIONS AND REST PERIODS. EMPLOYER:EMPLOYEE RELATIONSHIP ww HOURS OF WORK... CHAPTER I: HOURS OF WO! ARTICLE 82: COVERAGE ARTICLE 83: NORMAL HOURS OF WORK... ARTICLE Ba HOURS WORKED. ARTICLE 85: MEAL PERIODS. RIGHT SHIFT DIFFERENTIAL ARTICLE 86: NIGHTSHIFY DIFFERENTIAL. ‘OVERTIME WORK... 2 ARTICLE 87° OVERTIME WORK... ‘ARTICLE 88: UNDERTIME NOY OFFSET BY OVERTIME. ARTICLE 09; EMERGENCY OVERTIME WORK... ‘ARTICLE 90: COMPUTATION OF ADDITIONAL COMPENSATION WEEKLY REST PERIOD... CHAPTER Ik WEEKLY REST PERIOD ne ‘ARTICLE 91: RIGHT TO'A WEEKLY REST DAY - ARTICLE 92: WHEN EMPLOYER MAY REQUIRE WORK ON REST DAY. ARTICLE 93: COMPENSATION FOR REST DAY, SUNDAY, OR HOLIDAY WORK HOLIDAY PAY. peti a : CHAPTER li: HOLIDAYS, SERVICE INCETIVE LEAVES, AND SERVICE CHARGES ARTICLE 94: RIGHT TO HOLIDAY PAY. SERVIGE INCENTIVE LEAVE SERVICE CHARGES. WAGES mo ‘THTLEI: WAGES. CHAPTER |: PREL ININARY HATERS. ‘ARTICLE 97: DEFINITIONS. 43TH MONTH PAY LAW... ‘ARTICLE 98: APPEICATION OF TITLE .. CHAPTER I: MINIMUM WAGE RATES....... "ARTICLE 99: REGIONAL MINIMUM WAGES. MEM@RY Alpe TABLE OF CONTENTS ARTICLE 100: PROHIBITION AGAINST ELIMINATION OR > ONINUTION OF BENEFITS... 70 ARTICLE 101: PAYMENT BY RESULTS. am PAYMENT OF WAGES. R CHAPTER Ill: PAYMENT OF WAGES. So Pera: 2 ARTICLE 102; FORMS OF PAYMENT. 2 ARTICLE 103: TIME OF PAYMENT. 72 ARTICLE 104: PLACE OF PAYMENT. 72 ARTICLE 105: DIRECT PAYMENT OF WAGES. 72 JOB CONTRACTING OR SUBCONTRACTOR: 73 ARTICLE 106: CONTRACTOR OR SUB za ARTICLE 107: INDIRECT EMPLOYER. 7 EMPLOYMENT OF SECUTRITY GUARDS... : 2 7 ‘ARTICLE 108: POSTING OF BOND ent wo ARTICLE 108: SOLIDARY UIAGILITY OF THE PRINCIPAL te dachee 79 ARTICLE 110: WORKER PREFERENCE IN CASE OF BANKRUPTCY 3 ARTICLE 111: ATTORNEY'S FEES weeissnnen 80 PROHIBITIONS REGARDING WAGES 80 CHAPTER IV" PROHIBITIONS REGARDING WAGES 80 ARTICLE 112: NON-INTERFERENCE IN DISPOSAL OF WAGES: at ARTICLE 113: WAGE DEDUCTIONS. . 81 ARTICLE 114: DEPOSITS FOR LOSS OR DAMAGE al ARTICLE 115: LIMITATIONS 82 ‘ARTICLE 116: WITHOLDING OF WAGES AND KICKBACKS 82 ARTICLE 117:DEDUGATION TO ENSURE EMPLOYMENT. 82 ARTICLE 119; FALSE REPORTING s : 82 WAGE STUDIES, WAGE AGREEMENTS AND WYAGE DETERMINATION... a a2 CHAPTER V: WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION . B2 ARTICLE 120: CREATION OF NATIONAL WAGES AND PRODUCTIVITY COMMISSION... 82 ARTICLE 121: POWERS AND FUNCTION OF THE COMMISSION. 82 ARTICLE 122 CREATION OF REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARO a2 ARTICLE 193. WAGE ORDER 23 ARTICLE 12¢: STANDARDS/ CRITERIA FOR MINIMUM WAGE FIXING. 84 ARTICLE 125: FREEDOM TO BARGAIN... 85 ARTICLE 126: PROHIBITION AGAINST INJUNGTION Baie Seoticcntigear ct BB: ARTICLE 127: NON-DIMINUTION OF BENEFITS.. Beane Snaniaaiiens: 88 ADMINISTRATION AND ENFORCEMENT. Wags CHAPTER VI: ADMINISTRATION AND ENFORCEMENT... So oe ARTICLE 128: VISITORIAL AND ENFORCEMENT POWER... 86 ARTICLE 129: RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS 90 {TITLE li WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES a HEALTH, SAFETY AND SOCIL WELFARE GENEFITS fe at MEDICAL AND DENTAL SERVICES. ot ‘TITLE I, MEDICAL, DENTAL, AND OCCUPATIONAL SAFETY ot CHAPTER I: MEDICAL AND DENTAL SERVICES, : 31 ARTICLE 162: FIRST-AID TREATMENT ..... oa pik Be ARTICLE 163: EMERGENCY MEDICAL AND GENTAL SERVICES su 2 ARTICLE 164: WHEN EMERGENCY HOSPITAL OR DENTAL CLINI 84 ARTICLE 105: HEALTH PROGRAM... te 95 ARTICLE 166: QUALIFICATIONS OF IiEALTH PERSONNEL . 5 ARTICLE 167: ASSISTANCE OF EMPLOYER... 8 OCCUPATIONAL HEALTH AND SAFETY... 97 CHAPTER Il; OCCUPATIONAL HEALTH] AND SAFETY 97 ARTICLE 168: SAFETY AND HEALTH STANDARDS 97 ARTICLE 168. RESEARCH. i. ARTICLE 170; TRAINING PROGRAMS... ae ARTICLE 171: ADMINISTRATION OF SAFETY ANO HEALTH LAWS. “ MEMURY Alpemco TABLE OF CONTENTS 105-DAY EXPANDED MATERNITY LEAVE LAW (R.A. NO. 11210), RATERNITY LEAVE (RA; NO, 8187) cnn PARENTAL LEAVE FOR SOLO PARENTS (R.A. NO. 972). LEAVE FOR VICTIMS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (RA, No. g2ta 107, SPECIAL LEAVE FOR WOMEN (RA. NO. 9710). . SPECIAL GROUPS OF EMPLOYEES ‘TILE I: WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES CHAPTER: EMPLOYMENT OF WOMEN wy cso-aiveesnw ARTICLE 180: FACILITIES FOR WOMEN ape EXPANDED BREASTFEEDING PROMOTION, ACT (R.A: NO. 7600) % M8 eee ARTICLE 131; MATERNITY LEAVE BENEFITS... hh amt ‘ARTICLE 132: FAMILY PLANNING SERVICES. INCENTIVES .. 4 ARTICLE 133; DISCRIMINATION PROHIBITED 2 3h, ale ARTICLE 134: STIPULATION AGAINST MARRIAGE, anf ARTICLE 135: PROHIBITED ACTS: whe ARTICLE 186: CLASSIFICATION OF CERTAIN WOMEN WORKERS Ve MAGNA CARTA OF WOKEN... . 112 ANTISEXUAL HARASSMENT ACT (RA NO 7877)... 416 SAFE SPACES ACT (R.A. NO. 11313)... AW EMPLOYMENT OF MINORS... 120 ARTICLE 137: MINIMUM EMPLOYABLE AGE 420 4 ARTICLE 138: PROHIBITION AGAINST CHILD DISCRIMINATION. 120 ct EMPLOYMENT OF HOUSEHELPERS. 125, = [DOMESTIC WORKER'S ACT OR BATAS KASAMBAHAY 125 EMPLOYMENT OF HOMEWORKERS.... 431 : ‘ARTICLE 191: REGULATION OF INOSUTRIAL HOMEWORKERS Bi : : ARTICLE 152: REGULATIONS OF SECRETARY OF LABOR aes : ARTICLE 153: DISTRIBUTION OF HOMEVIORK 102 EMPLOYMENT OF NIGHT WORKERS. : 132 ARTICLE 164: COVERAGE... “ 432 ARTICLE 455; HEALTH ASSESMENT i 493 ARTICLE 186: MANDATORY FAGILITIES. 183 ARTICLE 157: TRANSFER, 333 ‘ARTICLE 159: COMPENSATION 334, ARTICLE 160: SOCIAL SERVICES... 434 a ARTICLE 161:NIGHT WORK SCHEDULE 134 HnGRA CARRIAGE PE SDNS YT OABILITY (8.0. 7277) 434 EXPANDED SENIOR CITIZEN'S ACT (R.A. NO. 9994) 140 ANTLAGE DISCRIMINATION IN EMPLOYMENT ACT 444 JOBSTART PHILIPPINES ACT (R.A. NO. 10869).. 145 GREEN JOBS ACT (R.A.-NO. 10771). 146 POLICY. AND DEFINITIONS TITLE t POLIGY AND DEFINITIONS. CHAPTER I: POLICY ARTICLE 218: DECLARATION OF POLICY ARTICLE 219: DEFINITIONS LABOR ORGANIZATIONS. TITLE IV: LABOR ORGANIZATIONS HAPTER |, REGISTRATION AND CANCELLATION, ARTICLE 240: REQUIREMENTS FOR REGISTRATION . ARTICLE 261; CHARTERING AND CREATION OF LOCAL GHAPTER ARTICLE 242; ACTION ON APPLICATION... _ Mend ny Alves TABLE OF oe ARTIOLE249; DENIAL OF REGISTRATION, APPEAL weiniins SRTICLE 2a. ADDITIONAL REQUIREMENTS FOR FEDERATIONS OR NATIONAL UNIONS. me 4 ARTICLE 348: CANCELLATION OF REGISTRATION. ARTICLE 246: EFFECT OF A PETITION FOR CANCELLATION OF REGISTRATION ARTICLE 247: GROUNDS FOR CANCELLATION OF UNION REGISTRATION ARTICLE 240: VOLUNTARY CANCELLATION OF REGISTRATION ‘ARTICLE 249: EQUITY OF THE INCUMBENT CHAPTER Il: RIGHTS AND CONDITIONS OF MEMBERSHIP . ‘ARTICLE 250. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ‘ORGANIZATION CHAPTER iil: RIGHTS OF LEGITIMATE ORGANIZATIONS 158. ARTICLE 261: RIGHTS OF A LEGITIMATE LABOR. ORGANIZATION. 158 ARTICLE 252: REPORTORIAL REQUIREMENTS 199 RIGHT TO SELF ORGANIZATION... a 199 TITLE V: COVERAGE. a [ARTICLE 253: COVERAGE AND EMPLOYEES’ RIGHT TO SELF-ORGANIZATION... 159, [ARTICLE 254: RIGHT OF EMPLOYEES IN THE PUBLIC SERVICE... 163 [ARTICLE 255: INELIGIBILITY OF NANAGER(AL EMPLOYEES 10 JOIN ANY LA\ ORGANIZATION, RIGHT OF SUPERVISORY EMPLOYEES. 184 ARTICLE 256: EFFECT OF INCLUSION AS MEMBERS OF EMPLOYEES OUTSIDE THE BARGAINING UNIT 165 [ARTICLE 257: NON-ABRIOGEMENT OF THE RIGHT TO SELF ORGANIZATION 106 UNFAIR LABOR PRACTICES 0.0 TITLE Vi: UNFAIR LABOR PRACTICES GHAPTER |: CONCEPT... ARTICLE 258: CONGEST OF UNFAIR LABOR PRACTICE AND PROCEDURE FOR THE PROSECUTION THEREOF. 167. CHAPTER Il UNFAIR LABOR PRACTICES OF EMPLOYERS... too. [ARTICLE 254: UNFAIR LABOR PRACTICE OF THE EMPLOYER... . 168 CHAPTER I. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS: v8 ARTICLE 260: UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS 174 COLLECTIVE BARGAINING... 178. TITLE Vit COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS - 415 ARTICLE 261: PROCEDURE IN COLLECTIVE BARGAINING 5 ‘ARTICLE 262: DUTY TO BARGAIN COLLECTIVELY IN THE ABSENCE OF COLLECTIVE BARGAINING ARTICLE 268: MEANING OF OUTY TO BARGAIN COLLECTIVELY... ARTICLE 264. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT wi Oe: ARTICLE 268: TERMS OF A COLLECTIVE GARCAWING AGREEMENT. 1% ARTICLE 266; NJUNCTION PROHIBITED : $00 EXCLUSIVE BARGAINING REPRESENTAIIVE. 180 COLLECTIVE BARGAINING UNIT 181 (ARTICLE 200: REPRESENTATION ISSUE IN ORGANIZED ESTABLISHMENTS 188, ARTICLE 269: PETITIONS IN UNORGANIZED ESTABLISHMENTS. % 183 SEBA CERTIFICATION sa. cee 188 CERTIFICATION ELECTION 409 ARTICLE 270; WIEN AN EHAPL OVER MAY FILE PETITION 85. ARTICLE 271. EMPLOYER AS BYSTANDER ; ae ARTICLE 212 APPEAL FROM CERTIFICATION ELECTION ORDERS 193 TITLE VIE GRICVANGE MACHINERY AND VOLUNTARY ARBITRATION, 183 “ARTICLES 273.277, GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION snes 189 LOWGHART: FLING A PETITION FOR CERTIFICATION ELECTION sce Be STRIKES AND LOCKOUTS: 196. TITLE Vil STRIKES AND LOCKOUTS AND FOI AGTMITIES . PS ag 195. ‘CHAPTER I. STRIKES AND LOCKOUTS. 498 MEMCURY A|Deiarm TABLE OF CONTENTS. — ARTICLE 278: STRIKES, PICKETING AND LOCKOU| 1$ ARTICLE 278: PROHIBITED ACTIVITIES eeu ARTICLE 280: IMPROVED OFFER BALLOTING. ARTICLE 281; REQUIREMENT FOR ARREST AND ‘CHAPTER IF ASSISTANCE TO LABOR... tcl ete ARTICLE 282: ASSISTANCE BY THE DEPARTMENT OF LABOI akc ar ‘ARTICLE 283: ASSISTANCE BY THE INSTITUTE OF LABOR AND MANPOWER STUDIES... 208 FOREIGN acTiVmes. 207 ‘CHAPTER Ili FOREIGN ACTIVITIES 207 [ARTICLE 284; PROHIBITION AGAINST ALIENS, EXCEPTIONS BOL ARTICLE 285: REGULATION OF FOREIGN ASSISTANCE. or ARTICLE 286: APPLICABILITY TO FARM TENANTS AND RURAL, I HORRERS 207 CHAPTER IV: PENALTIES FOR VIOLATION ARTICLE 287. PRNAI TIES. ‘TITLE [X: SPECIAL PROVISIONS ‘ARTICLE 288; STUDY OF LABOR MANA ARTICLE 289: VISITORIAL POWERS... ‘ARTICLE 290; TRIPARTISM AND TRIPARTITE CONFER ‘ARTICLE 297: GOVERNMENT EMPLOYEES ARTICLE 292: MISCELLANEOUS PROVISIONS... POST-EMPLOYMENT... TITLE I: TERMINATION OF EMPLOYMENT ARTICLE 293: COVERAGE, . ARTICLE 294: SECURITY OF TENURE. KINDS OF EMPLOYMENT ... ARTICLE 295: REGULAR AND CASUAL EMPLOYMENT. ‘ARTICLE 296: PROBATIONARY EMPLOYMENT TERMINATION BY EMPLOYER... z ARTICLE 207: TERMINATION BY EMPLOYER 218 [ARTICLE 298: CLOSURE OF ESTABLISHMENT AND REDUCTION OF PERSONNEL ssa: 222 ‘ARTICLE 299: DISEASE AS GROUND FOR TERMINATION. 222 DUE PROGESS'IN TERMINATION 228 TERMINATION BY EMPLOYEE... eal 21 ARTICLE 300; TERMINATION BY. EMPLOYEE... oe Shee: ARTICLE 301: WHEN EMPLOYMENT NOT DEEMED TERI 232 RETIREMENT FROM THE SERVICE. é 232 TITLE lt RETIREMENT FROM SERVICE 232 ARTICLE 302: RETIREMENT FROM THE SERVICE... 232 RETIREMENT PAY LAW... 234 MANAGEMENT PREROGATIVE 235 JURISDICTION AND REMEDIES. 203 GRIEVANCE MACHINERY... ae TITLE VibA: GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION 245 ‘ARTICLE 279: GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION 245 VOLUNTARY ARBITRATORS .... oer a [ARTIOLE 274: JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOI LINTARY ARRITRATORS. win 29 ‘SINGLE ENTRY APPROACH (SENA) AND ITS IMPLEMENTING RULES ANDREGULATIONS ... 254 LABOR ARBITER ween NATIONAL LABOR RELATIONS COMMISSION .. ‘ARTICLE 220: NATIONAL LABOR RELATIONS COMMISSION ARTICLE 221: HEADQUARTERS, BRANCHES, AND PROVINCIAL EXTENSION UNITS. ARTICLE 222: APOINTMENT AND QUALIFICATIONS. ‘ARTICLE 223; SALARIES, BENEFITS AND OTHER EMOLUMENT: MEMORY AlDe=a=> TABLE OF CONTENTS ARTICLE 224: JURISDICTION OF THE COMMISSION. ARTICLE 225: POWERS OF THE COMMISSION, 2011 NLRC RULES OF PROCEDURE... J mn BUREAU OF LABOR RELATIONS. 294 NATIONAL CONCILIATION AND MEDIATION BOARD 290 DOLE REGIONAL DIRECTORS... 302 DOLE SECRETARY (SOLE)... 308 COURT OF APPEALS. 31 SUPREME GOURT — 313 PRESCRIPTION OF OFFENSES AND CLAIMS. 314 TITLE I: PRESCRIPTION OF OFFENSES’ AND CLAIMS. 314 314 wo 3M ARTICLE 307: INSTITUTION OF MONEY CLAIMS... anreectaicnmensnnen Bia FLOWCHART. a air SOCIAL WELFARE LEGISLATION... 2 325 TITLE ll: EMPLOYEES COMPENSATION AND STATE INSURANCE FUND... CHAPTER I: POLICY AND DEFINITION ARTICLE 172: POLICY. EMPLOYEES" COMPENSATION LAW (P-D. 262) CHAPTER Il: COVERAGE AND LIABILITY = ARTICLE 174: COMPULSORY COVERAGE csccn oun ARTICLE 175: FOREIGN EMPLOYMEN . ARTICLE 176: EFFECTIVE DATE OF COVERAGE ARTICLE 177: REGISTRATION ARTICLE 178: LIMITATION OF LIABILITY ARTICLE 179: EXTENT OF LIABILITY ARTICLE 180: LIABILITY OF THIRD PARTIES ARTICLE 181: DEPRIVATION OF BENEFITS (CHAPTER il: ADMINISTRATION... ARTICLE 182: EMPLOYEES’ COMPENSATION COMMISSION CHAPTER V: MEDICAL BENEFITS .. : ARTICLE 191: MEDICAL SERVICES... ARTICLE 194: REFUSAL OR EXAMINATION OR TREATMENT ARTICLE 195: FEES AND OTHER CHARGES’ ‘ARTICLE 196: REHABILITATION SERVICES. CHAPTER Vb: DISABILITY BENEFITS. ARTICLE 203: SECOND INJURIES ARTICLE 205: EARNED BENEFITS CHAPTER Vil: DEATH BENEFITS ARTICLE 200: DEATH BENEFIT: ARTICLE 201: RELATIONSHIP AND DEPENDENCY... SETTLEMENT OF CLAIMS UNDER ECP ARTICLE 212: NOTICE OF SICKNESS, INJURY, OR DEATH ARTICLE 208: ERRONEOUS PAYMENT. ARTICLE 208: PROHIBITION. . PRESCRIPTIVE PERIODS... ARTICLE 207: PRESGRIPTIVE PERIOD. FLOWGHART .. . SOCIAL SECURITY ACT OF 2018 (RA. NO. 11198.. RETIREMENT BENEFITS... DEATH BENEFITS DISABILITY BENEFITS, FUNERAL BENEFIT SICKNESS BENEFITS... MATERNITY LEAVE BENEFIT. UNEMPLOYMENT INSURANCE OR INVOLUNTARY SEPAI TABLE OF CONTENTS GOVERNMENT SERVICE INSURANCE SYSTEM (R.A. NO. 8291) SEPARATION BENEFITS... UNEMPLOYMENT OR INVOLUNTARY SEPARATION BENEFITS: RETIREMENT BENEFITS... PERMANENT DISABILITY BENEFITS. ‘TEMPORARY TOTAL DISABILITY BENEFITS . ‘ 5 a ‘SURVIVORSHIP BENEFITS. 7 an FUNERAL BENEFITS . a2 LIFE INSURANCE BENEFITS : we 2 ADJUDICATION OF CLAIMS AND DISPUTES... t 372 LIMITED PORTABILITY LAW (R.A. NO, 7698) . 374 NATIONAL HEALTH INSURANCE ACT OF 2013 (RA, NO. 7879, AS AMENDED BY R.A, NOS. 9241 & 10606). 375 ‘SPECIFIC RULES CONCERNING COVERAGE OF EMPLOYEES IN THE FORMAL SECTOR 37 SPECIFIC RULES CONCERNING COVERAGE OF HOUSEHOLD HELP OR KASAMBAHAY, ore SPECIFIC RULES CONCERNING COVERAGE OF INFORMAL SECTOR WORKERS wonocnonm 872 SPECIFIC RULES CONCERNING COVERAGE OF INDIGENTS ....... 379 SPECIFIC RULES CONCERNING COVERAGE OF SPONSORED MEMBERS wwnccsusonssoee A79 ‘SPECIFIC RULES CONCERNING COVERAGE OF LIFETIME MEMBERS i a 380 BENEFITS... 380 UNIVERSAL HEALTH GARE AGT (R.A. NO. 11223} 381 HOWE DEVELOPMENT AND MUTUAL FUND LAU OF 2009 (7A. NO. 9679). 386 EXPANDED ANTLTRAFFICKING IN PERSONS ACT (R.A. NO, 9208) 302 TELECOMMUTING ACT (R.A. NO. 19165)... 396 COMPREHENSIVE AGRARIAN REFORM LAU (R.A, NO. 6657, AS AMENDED BY R.A. NO, S700), 998 PRELIMINARY CHAPTER i 298 COVERAGE. A ‘ 7 399 LANDOWNERS. 401 BENEFICIARIES: LAND ACQUISITION, JUST. COMPENSATION ALLOCATION AND DISTRIBUTION... SUPPORT SERVICES _ IMPLEMENTATION.... ADJUDICATION... JUDICIAL REVIEW... CONVERSION... “TENANT EMANCIPATION LAW (P-D. NO. 27) ie ANT CODE OF AGRARIAN REFORMS OF THE PHILIPPINES a8 BIBLIOGRAPHY. i 420 MEMURY Al SinlledSU Katy age La OCT Hee Upeaons Cente | PRELIMINARY TITLE | GENERAL PROVISIONS CHAPTER I: GENERAL PROVISIONS ARTICLE 4: NAME OF DEGREE ‘The Decree shall be known as the Labor Code of the Philippines (P.O. No, 442, as amended, Art. 7) Labor 1. In ts linited concept, the tetmn "labor" refers to physical or mental” exertion necessary ta [produce goods and services. 2. Inits broader concept, i may include the labor force who are employed or those who are willing fo work but are temporatily or involantatily unemployed (Moore, industria! Relations and Sooial Order, 455-456). Simply stated, labor is the totality of people who constitute the workforce with whatever skills, ade, technical training and productive know-how they possess (POQUIZ, Lebor Standards and Social Legislation with Notes and Comments (2019), p. 1) Ihereinahter, 1 POQUZ} ARTICLE 2: DATE OF EFFECTIVITY The Labor Cade took effect on November 1, 1275, or six (6) months. after its prormulgation-on May 1 1974 (LABOR CODE, Art. 2) Labor Legislation Labor legislation consists of statutes, requtations ‘and jurisprudence governing the relations between capiial_ and labor, by providing for certain employment standards and @ legal framework for negotiating, adjusting, and administering those: standards and other incklents of employment (7 AZUCENA, The Labor Code with Comments and ‘Cases (2016), p. 7) ereinalter, 1 AZUCENA, Labor Coae}. Major Divisions of Labor Legislation Labor legislation ie broadly divided into 1, Labor Standards refers to tne terms and conditions of employment that employers must ‘comply with and to which employees axe onlilled fas a_maller of legal right; it deals with the ‘minimum requirements preserived by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other _monelary and welfare benefits (7 AZUGENA, supra at 7-8); nd 2. Labor Relations defines the sfatus, rights, and ulies and the institutional mechanisms. that govern the individual and collective interactions, of employers, employees, or their representatives (1 AZUCENA, supra al 8) NOTE: Labor Relations laws enable workers to obtain from their employers more than the ‘minimum benefits set by the labor standards law (ALCANTARA, Reviewer in Labor, and Socie! Legislation 2008, p. 2)" Jneroinafer ALCANTARA, Reviewer) Although the

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