LABOR LAW I

SYLLABUS
Adamson University College of Law
1st Semester AY 2022-2023

Atty. Jhundee B. Guillermo

0917-511-7835

Reference:

Abad, Antonio H. Jr., The Law on Labor Standards, latest edition.

Azucena, Cesario A. Jr., The Labor Code with Comments and Cases Volume I, latest
edition.
Poquiz, Salvador A. Labor Standards Law with Notes and Comments, latest edition.

A. INTRODUCTION

1. Constitutional and statutory basis

1.1 Consti., art. 2, secs. 9-14, 18 and 20.

1.2 Consti., art. 3, secs. 10 and 18
1.2 Consti., art. 13, sec. 3
1.3 Labor Code, arts. 1-6, 112
1.4 Civil Code, Article 1700-1712

2. General principles of labor law

2.1 Employer-employee relationship

a. Elements of employer-employee relationship

1. Capitol Medical Center vs. Meris, 470 SCRA 125 [2005]
2. Convoy Marketing Corporation, et al. vs. Oliver B. Albia, G.R.
No. 1949, 07 October 2015
3. Reyes v. Glaucoma Research Foundation, Inc. et al., GR No.
189255, June 17, 2015
4. Chevron Phils, Inc. v. Galit, et al., GR No. 186114, October 7,
2015
5. Petron Corp v. Caberte, et al., GR No. 182255, June 15, 2015
6. Matling Industrial v. Coros, October 13, 2010
7. Cosare v. Broadcom Asia, February 5, 2014
8. Real v. Sangu Phils., January 19, 2011

b. Reasonable causal connection

1. SMART Communications vs. Astorga, G.R. 148132, 28 Jan
2008
2. Grandteq Industrial Steel Products vs. Edna Margallo, G.R. No.
181393, 28 July 2009

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 3. Indophil Textile Mills Vs. Adviento, G.R. No. 171212, 04
August 2014

2.2 Burden of proof/substantial evidence

Alilem Credit Cooperative vs. Bandiola, G.R. No. 173489, 25 February

2013

2.3 Liberal interpretation in favor of labor

1. Price vs. Innodata Phils., 567 SCRA 122 [2008]

2. BPI vs. BPI Employees Union – Metro Manila, G.R. No. 175678, 22
August 2012
3. Philippine Journalist Inc. vs. Journal Employees Union, G.R. No.
192601, 26 June 2013
4. National Union Of Workers In Hotel Restaurant And Allied
Industries (NUWHRAIN) - Philippine Plaza Chapter vs. Philippines
Plaza Inc., G.R. No. 177524, 23 July 2014.
5. Mitsubishi Motors Phils. Salaried Employees Union (MMPSEU) vs.
Mitsubishi Motors Phils Corp., G.R. No. 175773, 17 June 2013

2.4 Management rights

Best Wear Garments vs. De Lemos, G.R. No 191281, 05 December

2012.

2.5 Mutual cooperation - Consti, Art XIII, Sec. 3

Toyota Motor Phils. Workers vs. NLRC, 537 SCRA 171

2.6 Principle of Social and Distributive Justice: Balancing of interests

in case workers and management’s rights collide.

Reynaldo Moya vs. First Solid Rubber Industries, G.R. No. 184011, 18
September 2013

B. EMPLOYER-EMPLOYEE RELATIONSHIP

1. Employer defined: Art. 212 (e), LC;

DOLE Dept. Order 40 [2003], R1 S1 (s)

2. Employee defined: Art. 212 (f), LC

DOLE Dept. Order 40 [2003], R1 S1 (r)

3. Employer relationship as matrix

3.1 Concept of employer-employee relationship

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 3.2 Tests to determine the existence of employer-employee relationship

a. Selection and hiring

b. Payment of Wages
c. Power of Dismissal
d. Control test

Cases:
LVN vs. Phil. Musicians’ Guild, 1 SCRA 132
Rosario Bros. vs. Ople, 131 SCRA 72
Legend Hotel [Manila], owned by Titatium Corporation, et al. vs. Hernani
S. Realuyo, also known as Joey Roa. G.R. No. 153511, 18 July 2012.

ABS-CBN Cases:
Jose Sonza vs. ABS-CBN, G.R. 138051, 10 June 2004
Farley Fulache et al vs. ABS-CBN, G.R. No. 183810, 21 January 2010
ABS-CBN vs. Nazareno, GR 164156, 26 Sept 2006
Nelson Begino, et al., vs. ABS-CBN , etc., G.R. No. 199166, 20 April
2015

3.3 Who has initial burden of proving existence of an employer-employee

relationship?

Danilo P. Javier (Bitoy Javier) vs. FlyAce Corporation, G.R. No. 192558,
15 February 2012
Bernard A. Tenazas, Jaime Francisco, and Isidro Endraca v. R. Villegas
Taxi Transport, G.R. No. 192998, 02 April 2014

3.5 Reasonable causal connection:

Is a car benefit a labor or a civil dispute?

Smart Communications vs. Astorga, 542 SCRA 434, 27 Jan 2008
Grandteq Industrial Steel Products vs. Edna Margallo, G.R. No. 181393,
28 July 2009.

Counterclaim involving transfer of ownership of company car falls

within ambit of the Labor Arbiter’s jurisdiction. Domondon vs.
NLRC, 471 SCRA 559 [2005]

3.6 Corporate officer or employee?

Prudential Bank vs. Clarita Reyes, 352 SCRA 316

Matling Industrial and Commercial Corp., et al. vs. Ricardo R.
Coros, G.R. No. 157802, October 13, 2010.
Renato Real vs. Sangu Philippines, Inc. G.R. No.168757, 19 January 2011

Extent of liability of corporate officers: General rule and exception

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 Essencia Q. Manarpiis vs. Texan Philippines, Inc., et al., G.R. No. 197011,
28 January 2015
The Coffee Bean and Tea Leaf Philippines, Inc. vs. Rolly P. Arenas, G.R.
No. 208908, 11 March 2015.

3.7 Effect when NO employer-employee relationship exists, or when the

main issue does not involve Er-Ee relationship
- jurisdiction devolves with the regular courts

Manliguez vs. Court of Appeals, 232 SCRA 427

Georg Grotjahn GMBH vs. Isnani, 235 SCRA 216
Eviota vs. Court of Appeals, 407 SCRA 394 [2003]

4. WHEN EMPLOYER-EMPLOYEE RELATIONSHIP DOES NOT EXIST

Re: VALID JOB CONTRACTING ARRANGEMENTS
DOLE Department Order No. 18 series of 2002; Dept. Order No. 18-A, 14
November 2011 and Dept. Order No. 1, series of 2012; Dept Order No. 174, s.
2017.

4.1 Management prerogative to contract out of services

Asian Alcohol Corp vs. NLRC, 305 SCRA 416 [1999]
Meralco vs. Quisumbing, 22 February 2000
Aliviado et. al. vs. Procter & Gamble, and Promm Gemm, G.R. No.
160506, 09 March 2010
Goya Inc. vs. Goya Employees Union – FFW, G.R. No. 170054 21
January 2013.

4.2 Independent contractor/ Job-contracting vs. Labor-only

contracting (Art. 106, LC; Dept. Order No. 174, series of 2017)

Marites R. Cusap vs. Adidas Philippines, Inc., et al. G.R. No. 201494,
29 July 2015
Petron Corporation vs. Armz Caberte, G.R. No. 182255, 15 June 2015
Fonterra Brands Phils., Inc. vs. Leonardo Largado, et al., G.R. No.
205300, 18 March 2015
Alilin vs. Petron, G.R. No. 177592, 09 June 2014.

HOWEVER, PRELIMINARY PRESUMPTION IS THAT

CONTRACTOR IS LABOR-ONLY CONTRACTING. -- Garden of
Memories Park and Life Plan vs. NLRC 2 nd Division, G.R. No. 160278,
08 Feb 2012, 665 SCRA 293, J. Mendoza, citing 7K Corporation vs.
NLRC, GR 148490, 22 Nov 2006, 507 SCRA 509, 523
Manila Memorial Park Cemetery, Inc. vs. Ezard D. Lluz, et al., G.R. No.
208451, 03 February 2016

THE PRINCIPAL HAS THE BURDEN OF PROOF TO SHOW

THAT THE PERSON CONCERNED IS AN INDEPENDENT
CONTRACTOR RATHER THAN A REGULAR EMPLOYEE. --

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 Fuji Television Network, Inc. vs. Arlene S. Espiritu G.R. No. 204944-
45, 03 December 2014

4.3 Examples

Masiador and sentenciador in a cockpit; not employees.

Semblante vs. Court of Appeals, G.R. No. 196426, 15 August 2011.

Manufacturing company vs. forwarding agent

Temic Automotive Phils. vs. Temic Automotive Phils. Employees Union
–FFW, G.R. No. 18695, 23 December 2009

Insurance company vs. commission agents

Insular Life vs. NLRC, 179 SCRA 459
Contra: Tongko vs. Manufacturers' Life Insurance Company (Phils.)
Inc., G.R. No. 167622, 29 June 2010, En Banc

Shoe store vs. shoe-shine boys

Besa vs. Trajano, 146 SCRA 501

Softdrinks company vs. independent contractors

selling softdrinks
Mafinco vs. Ople, 70 SCRA 139

Company vs. collecting agents

Singer Sewing Machine Co. vs. Drilon, 193 SCRA 270

4.4 Salient features of the Department Orders on Valid Job Contracting

Arrangements: capitalization, other requirements and negative list
(DOLE Dept Order No. 174 s 2017 cf. DOLE Dept Order 18-A s
2011)

● Mandatory registration of independent contractors

● Requirements for registration
● Capitalization of at least P5Million
● THE NEGATIVE LIST - What cannot be subcontracted out

4.5 Liability of principal for unpaid wages of the employees of job

contractor – Solidary liability as to wages and monetary claims

Development Bank of the Phils. Vs. NLRC, 233 SCRA 250

United Special Watchman Agency vs. CA, 405 SCRAS 432 [08 July
2003]
New Golden Builders & Development Corp. vs. CA, 418 SCRA 411
[11 Dec. 2003] – also for service incentive leave pay and 13th mo. pay

Compare with: Liability of principal to labor-only contracting

employees – solidary liability as to ALL claims

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 PCI Automation vs. NLRC, 252 SCRA 493 [1996]
William Tiu vs. NLRC, 254 SCRA 1 [1996]
San Miguel Corp. vs. MAERC Integrated Systems, 405 SCRA 579 [10
July 2003]

4.5 Effect of DOLE Certification as legitimate job contractor

Ramy Gallego vs. Bayer Phils. G.R. No. 179807, 31 July 2009
Compare with: Coca Cola Bottlers vs. Ricky dela Cruz, supra.
and Coca Cola Bottlers vs. Agito, G.R.No. 179546, 13 Feb 09

C. COVERAGE OF LABOR CODE, ART. 6:

5.1 Covered employment

a. Industrial and agricultural employees

b. Employees of labor organization
c. Employees of independent contractor
d. Employees of non-stock, non-profit organizations

5.2 Excluded employment

a. Government employees

Republic vs. Court of Appeals, 180 SCRA 428

Manila Public School Teachers Assn. Vs. Laguio, 200 SCRA 323
Carino vs. Commission on Human Rights, 204 SCRA 283

Special circumstances: Government employees with CBA

Abanilla vs. Comm on Audit, 468 SCRA 87 [2005]

Compare with: Employees of GOCCs

Lumanta vs. NLRC, 170 SCRA 79

b. Exempted employers

c. Managerial employees, with respect to right to unionize

5.3 Special kinds of employment:

▪ Field personnel
Hilario Dasco, et al. vs. Philtranco Service Enterprises Inc., et al., G.R.
No. 211141, 29 June 2016
Ariel L. David, doing business under the name and syle “Yiels Hog
Dealer” vs. John G. Macasio, G.R. No. 195466, 02 July 2014

▪ Pakiao workers or task-based workers

A. Nate Casket Maker et a. vs. Elias V. Arango, et al., G.R. No.
192282, 05 October 2016.

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 ▪ piece-rate workers
▪ Those in the personal service of another

D. LABOR STANDARDS

1. WAGES
Art. 97-119, LC; R7 and R8 B3 IRR LC

1.1 Exclusions from coverage

SLL International Cable Specialist vs. NLRC, GR 172161, 02 March 2011
Benguet Electric Cooperative vs. Ferrer-Calleja, 180 SCRA 740 [1989]
Contra: SSS vs. Asiapro Cooperative, G.R. No. 172101, 23 Nov 2007

1.2 Facilities vs. Supplements

1.3 Wages vs. Salaries

Gaa vs. CA. GR No. L-44169, 03 Dec 1985, 140 SCRA 304
Jose Songco vs. NLRC, GR No. L-50999, 23 Mar 1990, 182 SCRA 610

Commissions, whether or not part of salaries/wages:

Toyota Pasig, Inc. vs. Vilma S. de Peralta, G.R. No. 213488, November
07, 2016.

1.4 Payment of Wages (Art. 102-105, 110-11, LC; B3 R8 S1-8; Republic

Act No. 6727, Sec. 7)
LMG Chem vs. Secretary of Labor, GR 127422, 17 April 2001
North Davao Mining vs. NLRC, GR 112546, 13 March 1996

1.5 Bonus, not part of basic salary/wage

Protacio vs. Layang Mananghaya, GR 168654, 25 March 2009
Lepanto Ceramics vs. Lepanto Ceramics Employees Association, GR
180866, 02 March 2010

1.6 Non-diminution of benefits

Manila Jockey Club Employees Union vs Manila Jockey Club, GR 16770,
07 March 2007

When a practice is deemed to have ripened into a corporate policy:

Vergara vs. Coca-Cola Bottlers, G.R. No. 176985, 01 April 2013

1.7 “No work no pay” principle

Aklan Electric Cooperative vs. NLRC, 223 SCRA 288 [2000]
CRC Agricultural Trading vs. NLRC, GR No. 277664, 23 Dec 2009

vs suspension due to environmental causes.

National Mines and Allied Workers Union (NAMAWU) vs. Marcopper
Mining, 570 SCRA 637 [2008]

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 vs. “Equal pay for Equal work”
International School Alliance of Educators vs. Qusiumbing, GR No.
128845, 01 June 2000, 333 SCRA 13

1.8 Prohibitions regarding Wages (Art. 112-119, LC; B3 R8 S9-11, IRR)

● Labor code provisions for wage protection
● Allowable deductions without employee’s consent
● Other deductions: Attorney’s fees & union service fee in labor cases

1.9 Workers preference in case of bankruptcy

DBP vs. Secretary of Labor, 179 SCRA 630 [1989]

Contra: Effect if under receivership:

Rubberworld Phils. Vs. NLRC, 336 SCRA 433

1.10 Minimum Wages and Wage distortion

Wage Order No. NCR-18 (Sept 2013) on minimum wages for National
Capital Region

1.11 CBA vis-à-vis Wage Orders

Republic Act No. 6727,Section 7; Rep Act No. 8188.

Cases for 1.10 and 1.11

ECOP vs. National Wages Productivity Commission, GR No. 96169, 24
Sept 1991, 210 SCRA 759
Prubankers Association vs. Prudential Bank, GR 131247, 25 Jan 1999,
302 SCRA 74
C. Planas Commercial vs. NWPC and RTWPB-NCR, G.R. No. 144619,
11 Nov 2005, 474 SCRA 608

2. HOURS OF WORK
Articles 82-93, Labor Code; B3 R1 S1-11, IRR

2.1 Exclusions from coverage

● Govt employees, including GOCCs with original charters

● Managerial employees/staff
● Field Personnel
Hilario Dasco, et al. vs. Philtranco Service Enterprises Inc., et al., G.R.
No. 211141, June 29, 2016.
● Family members
● Domestic helpers and persons in the personal service of another
● Workers paid by results

2.2 Normal hours of work: what is considered “hours worked”/“time-in”

Exceptions
● Health personnel
● Compressed Work Week

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 DOLE Labor Advisory No. 02, s. 2004 (Implementation of Compressed
workweek
DOLE Advisory No. 02, s. 2009 (Guidelines on Adoption of Flexible
Work Arrangements)

2.3 Hours worked (Art. 84, LC)

Rada vs. NLRC, 205 SCRA 69 [1992]

2.4 Work interruption due to brownouts

DOLE Policy Instruction No. 36

2.5 Meal Break

2.6 Idle time, waiting time, commuting time,

travel time; whether part of hours of work or not

2.7 Overtime work

● Undertime not offset by overtime
NAWASA vs. NWSA Unions, 118 SCRA 766 [1961]
● Waiver of overtime pay

Cases on overtime:
PALEA vs. PAL, GR L-31341 and 31343, 31 March 1996
PAL Employees Savings and Loans Assn vs. NLRC, GR 105963, 22 Aug
1996
Interphil Laboratories Ees Union-FFW vs. Interphil Lab., GR 142824, 19
Dec 2001
Acuna vs. CA, GR No. 159832, 05 May 2006

2.8 Night Work Prohibition lifted: Republic Act No. 10151 [2011]

a. Who may now be assigned the nightshift; exceptions

b. Rights of Pregnant Women and Lactating mothers
c. Rights of Night Shift Workers
d. TRANSPORTATION AND SLEEPING QUARTERS REQUIREMENT
AS AMENDED BY DOLE Department Order No. 119-12 [24 January
2012] Implementing Rules of RA 10151.

2.9 CBA provision vis-à-vis overtime work

3. REST DAYS
Art 83-85, 89-92, LC; Book3 R1 S3-17, IRR; R1-A, S5-10, IRR; R3 S1-9, IRR

3.1 Right to weekly rest day

3.2 Preference of the employee
3.3 When work on rest day authorized
3.4 Premium Pay, Art. 91-93, LC; B3 R3, IRR

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 Cases:
North Davao Mining Corp vs. NLRC, GR No. 112546, 13 Mar 1996, 254 SCRA
721
Lagatic vs. NLRC, GR 121004, 28 Jan 1998, 285 SCRA 251

4. HOLIDAYS
Art. 94, LC; R4 S1-11, IRR; Executive Order No. 203 dated 30 June 1987;
Republic Act No. 9177 (02 Nov 2002) amending legal holidays. See also:
(Republic Act No. 9256 [25 February 2004] declaring Aug 21 Ninoy Aquino Day
as special non-working holiday; and Republic Act No. 9492 (26 July 2007)
rationalizing the celebration of holidays.

4.1 Legal holidays vs. special days:

Divisors and working days of the year

● 298 ordinary working days
● 52 Sundays or rest days
● 12 legal holidays
● 3 special days

4.2 Exclusions from coverage

4.3 Right to holiday pay

Jose Rizal College vs. NLRC, GR No. 65482, 01 December 1987
RFM Corporation vs. Kasapian ng Manggagawang Pinagkaisa-RFM, 578
SCRA 34 [2009]

4.4 Entitlement of monthly paid workers

Insular Bank of Asia and American Employees Union vs. Inciong, GR
L052415, 23 October 1984, 132 SCRA 663
Villuga vs. NLRC, G.R. No. 750038, 23 August 1993

4.5 Effects of absences on day before holiday

● If employee is absent with leave
● If employee is absent without leave
● In case day before holiday is employee’s rest day or non-working
holiday

4.6 Special instances (B3 R4 S1-11, IRR)

● In case of two successive regular holidays
● In case the regular holidays fall on the same day
● In case of temporary or periodic shutdowns
● Teachers, pakiao workers and seasonal workers

Additional Cases for Holidays:

The Chartered Bank Employees Association vs. Ople, GR 44717, 28 August 1985
Asian Transmission vs. Court of Appeals, 425 SCRA 478

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 Labadan vs. Forest Hills Academy, 575 SCRA 262

5. LEAVES

5.1 Service Incentive Leave Pay

Article 95, Labor Code; B3 R5 S1-6, IRR

● Purpose of the law

● Right to service incentive leave and meaning of “at least one year of
service”
● Exclusions from coverage
● Commutable nature of benefit

Cases:
Imbuido vs. NLRC, G.R. No. 114734, 31 March 2000; 329 SCRA 357
Autobus Transport System vs. Bautista, G.R. No. 156367, 16  May 2005, 458
SCRA 578
Paloma vs. Phil. Airlines, 558 SCRA 94
Sugue vs. Triumph International, G.R. No. 164804, 30 January 2009, 577
SCRA 323
PSTMSDWO vs. PNCC Skyway, GR 171231, 17 February 2010.

5.2 Maternity Leave

Republic Act. No. 11210, Expanded Maternity Leave Law, and its
implementing rules, amending Republic Act No. 8282, otherwise known as
the Social Security Act of 1997, and Republic Act No. 7322, amending Sec.
14-A of the Social Security Law

● Coverage
● Conditions to entitlement
● Availment
● Whether or not maternity leave benefits are included in the computation of
13th month pay.

5.3 Paternity Leave

Republic Act No. 8187, and implementing Rules

● Coverage
● Conditions to entitlement
● Availment

5.4 Solo Parent Leave

Republic Act No. 8972, otherwise known as the Solo Parents’ Welfare Act
of 2000, as amended by Expanded Solo Parent Act of 2022 – Republic Act
No. 11861 and its Implementing Rules

● Coverage
● Conditions to entitlement

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 ● Availment

5.5 Leaves for victims of violence against women

and their children
Republic Act No. 9262, otherwise known as Anti Violence against Women
and Children, Section 43

● Coverage
● Conditions for entitlement
● Availment

5.6. Gynecological Leave under Rep. Act No 9710 “Magna Carta of Women”
Cf Implementing Rules of Magna Carta of Women

● Coverage
● Conditions for entitlement
● Availment
● AS AMENDED BY DOLE Department Order No. 112-A [22 May 2012]
amended the guidelines on the Implementation of the Special
Gynecological leave benefit for Women Employees in the private sector.

6. SERVICES CHARGES
Republic Act No. 11360, An Act Providing that Service Charges Collected by
Hotels, Restaurants and Similar establishments be Distributed in Full to All
Covered Employees, amending Article 96, LC; B3 R6 S1-7, IRR)

● Coverage
● Exclusion
● Distribution
● Integration in case service charge is abolished
Maranaw Hotel and Resorts vs. LRLC, 303 SCRA 540 [1999]

7. THIRTEENTH (13TH) MONTH PAY

Pres. Decree No. 851 and Implementing Rules; Revised Guidelines on the
Implementation of the 13th month pay issued dated 16 November 1987;

● Nature of 13th month pay

● Coverage and Exclusions/Exemptions from coverage:
● What comprises “basis salary” for purposes of computation of 13th mo nth pay
● Commissions vis-à-vis 13th month pay
● CBA vis-à-vis 13th month pay

Cases on 13th month pay:

Honda Phil., Inc. vs. Samahan ng Malayang Manggagawa sa Honda, 460 SCRA
186 [2005]
House of Sara Lee vs. Rey, 500 SCRA 419
JPL Marketing Promotions vs. Court of Appeals, 463 SCRA 136 [2005]

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 Philippine Agricultural Commercial and Industrial Workers Union vs. NLRC, 247
SCRA 256 [1995]
Philippine Duplicators, Inc. vs. NLRC, 241 SCRA 380 [1995]

8. WOMEN WORKERS
Articles 130-138, LC; B3 R12 S1-14 IRR
Republic Act No. 7877, known as Anti-Sexual Harassment Act Of 1995
Republic Act No. 11313, An Act Defining Gender-Based Sexual Harassment in
Streets, Public Spaces, Online, Workplaces, and Educational, or Training
Institutions [23 July 2018]
Republic Act No. 9710 [15 Sept 2009] entitled “The Magna Carta Of Women”,
Secs. 4, 12-21
Republic Act No. 10151 {21 June 2011), repealing Articles 130 and 131 of Labor
Code regarding prohibition against night work for women

● Discrimination (Art. 133, LC; See also: Magna Carta of Women)

● Stipulation against marriage (Art. 134, LC)

Philippine Telegraph and Telephone Company, G.R. No. 118978,  23 May

1997 citing Zialcita vs. Philippine Airlines, Case No. R04-3399, 27 May 1976

Lakpue Drug vs. Begla, 473 SCRA 617

Star Paper vs. Simbol, G.R. No. 164774, 12 April 2006; 487 SCRA 228

● Prohibited acts (Art 135, LC)/ Sexual harassment in workplace

Lourdes Domingo vs. Comm. Rogelio Rayala, G.R. No. 155831 , 18 February
2008 
Atty. Susan Aquino vs. Hon. Ernesto Acosta, Presiding Judge of the Court of
Tax Appeals, A.M. No. CTA –01-1, 02 April 2002

● Classification of certain women workers (Art 136, LC)

9. MINOR WORKERS
Articles 137-138, LC; B3, R12, S2-3, IRR
Republic Act No. 7610, Special Protection of Children against Child Abuse,
Exploitation and Discrimination, as amended by Republic Act No. 7658
Republic Act No. 9231 [19 Dec 2003], An Act Providing For The Elimination
Of The Worst Forms Of Child Labor And Affording Stronger Protection For
The Working Child, Amending For This Purpose Republic Act No. 7610, As
Amended, Otherwise Known As The "Special Protection Of Children Against
Child Abuse, Exploitation And Discrimination Act"

● Regulation of working hours of a child

● Employment of the child in public entertainment
● Prohibition of employing minors in certain undertakings
and in certain advertisements

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10. EMPLOYMENT OF HOUSEHELPERS
Republic Act No. 10361, “Batas Kasambahay” effective 18 Jan 2013; cf.
Implementing Rules and Regulations of the Batas Kasambahay, effective
04 June 2013
Republic Act No. 7655, increasing the minimum wages of househelpers and
amending Article 143 of Labor Code

● Definition
● Benefits accorded househelpers
● Termination of employment
● Reliefs for unjust termination

Cases:
Apex Mining vs. NLRC, 196 SCRA 251
Barcenas vs. NLRC, 187 SCRA 498
Cuajao vs. Chua Lo Tan, 6 SCRA 136

11. EMPLOYMENT OF HOMEWORKERS

Art. 153-155, Labor Code; B3 R14 IRR; DOLE Dept. Order No. 005-92 dated
04 February 1992

● Definition
● Rights and benefits accorded homeworkers
● Conditions for deduction from homeworkers’ earnings

12. APPRENTICES & LEARNERS

Art. 57-77, Labor Code; B2,R6-7, IRR
Republic Act No. 7686, The Dual Training System
Republic Act No. 7798

12.1 Apprenticeship

● Meaning, nature and significance of apprenticeship

● On-the-job training
● Qualifications of apprentice
● Compensation
● Termination of apprenticeship

Cases:
Nitto Enterprises vs. NLRC, 248 SCRA 654
Century Canning Corporation vs. Court of Appeal, 530 SCRA 501
Holiday Inn vs. NLRC

12.2 Learners

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 ● Meaning, nature and significance of learners
● Distinctions between Learners and Apprentices
● When learners may be hired
● Approval and cancellation of learnership program

13. HANDICAPPED/DISABLED PERSONS

Art. 78-81, Labor Code; B2 R8 IRR
Republic Act No. 7277 [24 March 1992], Magna Carta for Disabled Persons,
Sec. 4-11, 32-33
Republic Act No. 9442, amending RA 7277 giving additional benefits for
disabled persons

● Definition of disabled persons

● Rights and privileges of disabled workers in respect of employment
● What constitutes acts of discrimination against disabled workers

Case: Bernardo vs. NLRC, G.R. No. 122917.  19 July 1999

14. RETIREMENT PAY

Article 302, Labor Code, as amended by Republic Act No. 7641
B6 R1 S13-14, IRR
Republic Act No. 4917, Retirement Benefits of Private employees not subject to
attachment, levy, execution or any tax
Republic Act No. 7742

14.1 Nature and purpose

Oro Enterprises vs. NLRC, GR 110861, 14 November 1994
Philippine Airlines, Inc. (PAL) vs. Airline Pilots Association of the
Philippines (ALPAP), 373 SCRA 302

14.2 Compulsory vs. optional retirement age; parameters

14.3 Computation: 22.5 days x number of years of service.

Capitol Wireless vs. Confessor, 264 SCRA 68 [1996]

14.4 Retirement under a Collective Bargaining Agreement/

Applicable Contract

14.5 When exempted or not exempted from taxation

Cf. Republic Act No. 4917

14.6 Retirement of Part-time Workers\

14.7 The retirement benefits under RA 7641 and RA 8558 are separate and
distinct from those granted by the Social Security System

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 14.8 DOUBLE RETIREMENT: is an employee precluded from receiving
retirement benefits from the employer if he was allowed to work after
receiving SSS retirement benefits?
Masing Development, et.al., vs. Gregorio Rogelio, G.R. No. 161787, 08
April 2011.

15. ANTI-AGE DISCRIMINATION LAW

Republic Act No. 10911, and DOLE Dept Order No. 170-17, Implementing
Rules of RA 10911 was promulgated 02 February 2017.

Note: Republic Act No. 10911 (Anti-Age Discrimination Law) was passed by
the House of Representatives as House Bill No. 6418 on May 23, 2016 and
adopted by the Senate as an amendment to Senate Bill No. 29 on May 30, 2016.
It lapsed into law on 21 July 2016 without the signature of the President
(Benigno Aquino III).

15.1 Rationale behind the law

15.2 Prohibitions

15.3 Exclusions

15.4 Effect on Existing retirement policie

E. RECRUITMENT AND PLACEMENT

Articles 12-35, Labor Code
DOLE Rules Governing Private Recruitment and Placement for Local Employment,
05 June 1997
2002 POEA Rules on Landbased Overseas Workers, 04 Feb 2002.

1. Recruitment and placement; defined

People vs. Señoron, 267 SCRA 278 [1997]
People vs. Saley, 291 SCRA 715 [1998]
People vs. Panis, 142 SCRA 664 [1986], at 667

1.1 Agency and principal under obligation to comply with terms of

contract; prohibition against contract substitution
Pert/CPM Manpower Exponent Co., Inc. vs. Amando A. Vinuya, et
al. G.R. No. 197528, 05 September 2012.

2. Illegal Recruitment, defined

Art. 38 (Local recruitment),
Labor Code, Sec. 6, Migrant Workers Act,
Republic Act No. 8042 as amended by Republic Act No.

2.1 License vs. Authority

People vs. Alvarez, 387 SCRA 448 [2002]

2.2 Essential elements of illegal recruitment

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 People vs. Gallardo, 388 SCRA 121 [2002].

2.3 Simple illegal recruitment vs. illegal recruitment in large scale

People vs. Ortiz-Miyake, 279 SCRA 180 [1997]
People of the Philippines vs. Rosario “Rose” Ochoa,G.R. No.
173792. August 31, 2011.

2.4 Illegal recruitment as economic sabotage

Article 38(b) of the Labor Code, as amended by P.D. No. 2018
People vs. Navarra, 352 SCRA 84 [2001]

2.5 Illegal Recruitment vs. Estafa

2.6 Liabilities and penalties for illegal recruitment

3. Local employment agency and the foreign employer

3.1 Solidary liability of local employment agency and foreign principal.

Sevillana vs. I.T. [International] Corp., 356 SCRA 451 [2001]

3.2 Theory of imputed knowledge

Sunace International Mgmt Services vs. NLRC, GR No. 161757, 25
January 2006

3.3 When can a foreign law govern an overseas employment contract?

Industrial Personnel and Management Services, Inc. (IPAMS), et al. vs.
Jose G. de Vera and Alberto B. Arriola, G.R. 205703, 07 March 2016.

4. Compensability of injury/death for seafarers

Wallem Maritime Services, Inc. vs. Ernesto C. Tanawan. G.R. No. 160444
29 August 2012.
Violeta Balba, etc. vs. Tiwala Human Resources, Inc., et al., G.R. No. 184933,
13 April 2016.

4.1 Complainant employee must discharge burden of proof that injury

sustained on board ship is proximate cause of disease. Spouses Aya-Ay vs.
Arpaphil Shipping and Magna Marine, G.R. No. 155359, 31 January
2006

4.2 Company designated physicians initially determines compensability, but

right of seafarer to seek second opinion
German Marine Agencies, Inc.vs. NLRC, 403 Phil. 572 [2001]; cited in
Panganiban vs. Tara Trading Ship Management. Inc., G.R. No. 187032, 18
October 2010.
NYK-Fil Ship Management Inc., et al vs. Alfonso T. Talavera, G.R. No.
175894, 14 November 2008
Virgen Shipping Corp. et. al. vs. Jesus B. Barraquio, G.R. No. 178127, 16
April 2009

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 4.3 As to the question of which findings should prevail, that of the company
designated physician or the seafarer’s personal physician. -- Section 20-B
of the 2002 POEA-Standard Employment Contract

4.4 Requisites for a seafarer’s injury or illness to be compensable. -- Section

32-A of the POEA-SEC;
Philippine Transmarine Carriers, Inc. vs. Nazam, G.R. No. 190804, 11 Oct
2010
Doehle-Philman Manning Agency, Inc., et al. vs. Henry C. Haro, G.R. No.
206522, 18 April 2016.

4.5 Failure of the seaman to comply with the mandatory reporting requirement
within three (3) days from discharge shall result in his forfeiture of the
right to claim the above benefits.
Crew and Ship Management International Inc. and Salena, Inc. vs. Jina T.
Soria, G.R. No. 175491. 10 December 2012
Andres L. Dizon vs. NAESS Shipping Philippines, Inc., et al., G.R. No.
201834, 01 June 2016.

6. Ban on Direct hiring, Art. 18 Labor Code

a. Remittance of foreign exchange earnings

b. Prohibited activities
c. Regulatory and visitorial powers of the Labor Secretary

F. MEDICAL DENTAL AND OCCUPATIONAL SAFETY

and EMPLOYEES COMPENSATION

1. Medical and Dental Services

Art. 156-161, LC; B4 R1 IRR

2. Occupational Health and Safety

Art. 162-165, LC; B4 R2 IRR

3. Employees Compensation
Articles 166-208, Labor Code
Articles 1711-1712, Civil Code

Compensability of injury
Belarmino vs. ECC, G.R. No. 90204, 11 May 1990

Compensability of illness
Raro vs. ECC, G.R. No. L-58445, 27 April 1989

Liability of State Insurance Fund

Mabuhay Shipping vs. NLRC, G.R. No. 94167, 21 Jan 1991

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 Benefits
Loot vs. GSIS, GR No. 86994, 30 June 1993

G. SSS LAW

1. Coverage and effective date of coverage

● Employer; employee and self-employed

2. Exception from coverage of SSS Law

➢ Agricultural labor;
➢ Employment purely casual and not for the purpose of the occupation or
business of the employer;
➢ Service performed by an individual in the employ of his son, daughter, or
spouse, and service performed by a child under the age of twenty-one years
in the employ of his parents;
➢ Service performed on or in connection with an alien vessel by an employee if
he is employed when such vessel is outside the Philippines;
➢ Service performed in the employ of the Philippine Government or
instrumentality or agency thereof;
➢ Service performed in the employ of a foreign government or international
organization, or their wholly-owned instrumentality;
➢ Such other services performed by temporary employees which may be
excluded by regulation of the Commission. Employees of bona fide
independent contractors shall not be deemed employees of the employer
engaging the services of said contractors.

3. Non-remittance of contributions by employers; penalty for violation and

prescriptive period

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