Labour Law and Social Legislation Notes

349 General principles - Basic policy on labor

350 General principles - Construction in favor of

labor

351 General principles - Burden of proof and

quantum of evidence in labor cases

352 General principles - Legal basis under the

1987 Constitution, Civil Code, and Labor Code

353 Illegal recruitment and other prohibited

activities - Elements

354 Illegal recruitment and other prohibited

activities - Types of illegal recruitment

355 Illegal recruitment and other prohibited

activities - Illegal recruitment vs. estafa

356 Liability of local recruitment agency and

foreign employer - Solidary liability

357 Liability of local recruitment agency and

foreign employer - Theory of imputed
knowledge

358 Recruitment and placement (Labor Code

and R. A. No. 8042, as amended by R.A. No.
10022) - Entities prohibited from recruiting

359 Recruitment and placement (Labor Code

and R. A. No. 8042, as amended by R.A. No.
10022) - Cancellation of license or authority

360 Recruitment and placement (Labor Code

and R. A. No. 8042, as amended by R.A. No.
10022) - Termination of contract of migrant
worker without just or valid cause

Page 1 of 12
 Labour Law and Social Legislation Notes
361 Recruitment and placement (Labor Code
and R. A. No. 8042, as amended by R.A. No.
10022) - Ban on direct hiring, exceptions B.
Employment of non-resident aliens
362 General principles - Employer-employee
relationship

363 General principles - Test to determine

existence

364 General principles - Employee vs.

independent contractor

365 Conditions of employment - Covered

employees/workers

366 Hours of work - Normal hours of work;

hours worked

367 Hours of work - Meal periods

368 Hours of work - Night-shift differential

369 Hours of work - Overtime work

370 Hours of work - Compressed work week,

flexible work arrangement alternative work
arrangements, telecommuting program

371 Conditions of employment - Rest periods

372 Conditions of employment - Holidays

Page 2 of 12
 Labour Law and Social Legislation Notes
373 Conditions of employment - Service
charges

374 Conditions of employment - 13th month

pay

375 Wages - Payment of wages

376 Wages - Prohibitions regarding wages

377 Wages - Facilities vs. supplements

378 Wages - Minimum wage

379 Wages - Wage distortion

380 Wages - Non-diminution of benefits

381 Leaves - Service incentive leave

382 Leaves - Expanded Maternity leave

383 Leaves - Paternity leave

384 Leaves - Parental leave for solo parents

Page 3 of 12
 Labour Law and Social Legislation Notes
385 Leaves - Leave benefits for women
workers under R.A. No. 9710 and R.A. No.
9262

386 Women - Discrimination

387 Women - Stipulation against marriage

388 Women - Prohibited acts

389 Minors (R.A. No. 7610, as amended by R.A.

No. 9231) - Child labor vs. working child

390 Minors (R.A. No. 7610, as amended by R.A.

No. 9231) - Allowed working hours and
industries of a working child

391 Minors (R.A. No. 7610, as amended by R.A.

No. 9231) - Prohibited acts

392 Special groups of employees -

Kasambahay (R.A. No. 10361)

393 Special groups of employees -

Homeworkers

394 Special groups of employees - Night

workers

395 Persons with Disabilities - Discrimination

396 Persons with Disabilities - Incentives for

employers

Page 4 of 12
 Labour Law and Social Legislation Notes
397 Sexual Harassment in the work
environment - Anti-Sexual Harassment Act
(R.A. No. 7877)

398 Sexual Harassment in the work

environment - Safe Spaces Act (R.A. No.
11313)

399 SSS Law (R.A. No. 8282) - Coverage and

exclusions

400 SSS Law (R.A. No. 8282) - Dependents and

beneficiaries

401 SSS Law (R.A. No. 8282) - Benefits

402 GSIS Law (R.A. No. 8291) - Coverage and

exclusions

403 GSIS Law (R.A. No. 8291) - Dependents

and beneficiaries

404 GSIS Law (R.A. No. 8291) - Benefits

405 Social welfare legislation - Limited

Portability Law (R.A. No. 7699)

406 Disability and death benefits - Labor Code

407 Disability and death benefits - POEA-

Standard Employment Contract for Seafarers

408 Right to self-organization - Who may join,

form, or assist labor organizations or workers’
associations

Page 5 of 12
 Labour Law and Social Legislation Notes
409 Right to self-organization - Restrictions as
to managerial employees, supervisory
employees, confidential employees, employee-
members of cooperatives, alien employees, and
410 Right to self-organization - Determination
of appropriate bargaining unit (ABU), effect of
inclusion of employees outside of the ABU

411 Right to self-organization - Non-

interference with workers’ rights to self-
organization

412 Legitimate labor organizations -

Registration with the DOLE

413 Legitimate labor organizations -

Cancellation of registration

414 Legitimate labor organizations -

Affiliation/disaffiliation from national union or
federation 4.

415 Rights and conditions of membership in

legitimate labor organizations - Rights of
legitimate labor organizations

416 Legitimate labor organizations - Check off,

assessments, union dues, and agency fees

417 Legitimate labor organizations - Union

security clause

418 Modes to acquire status as Sole and

Exclusive Bargaining Agent (SEBA) - SEBA
Certification

419 Modes to acquire status as Sole and

Exclusive Bargaining Agent (SEBA) -
Certification/Consent Election

420 Modes to acquire status as Sole and

Exclusive Bargaining Agent (SEBA) - Bars to
the holding of Certification/Consent Election

Page 6 of 12
 Labour Law and Social Legislation Notes
421 Modes to acquire status as Sole and
Exclusive Bargaining Agent (SEBA) - Failure of
election, Run-Off Election, Re-run Election

422 Modes to acquire status as Sole and

Exclusive Bargaining Agent (SEBA) - Employer
as a mere bystander rule

423 Collective bargaining - Duty to bargain

collectively, bargaining in bad faith

424 Collective bargaining - Collective

bargaining agreement (CBA), mandatory
provisions

425 Collective bargaining - Signing, posting,

registration

426 Collective bargaining - Term of CBA,

freedom period

427 Unfair Labor Practices - Nature, aspects

428 Unfair Labor Practices - By employers

429 Unfair Labor Practices - By labor

organization

430 Strikes - Grounds for strike

431 Strikes - Mandatory procedural

requirements

432 Strikes - Legal strike vs. illegal strike

Page 7 of 12
 Labour Law and Social Legislation Notes
433 Strikes - Prohibited acts during strike

434 Strikes - Liability of union officers and

members for illegal strike and illegal acts
during strike

435 Peaceful concerted activities - Picketing

436 Lockouts - Grounds for lockout

437 Lockouts - Mandatory procedural

requirements

438 Peaceful concerted activities -

Assumption of jurisdiction by the DOLE
Secretary

439 Peaceful concerted activities - Injunctions

440 Categories of employment as to tenure -

Regular

441 Categories of employment as to tenure -

Casual

442 Categories of employment as to tenure -

Probationary

443 Categories of employment as to tenure -

Project

444 Categories of employment as to tenure -

Seasonal

Page 8 of 12
 Labour Law and Social Legislation Notes
445 Categories of employment as to tenure -
Fixed-term

446 Categories of employment as to tenure -

Work-pool employees

447 Legitimate subcontracting vs. labor-only

contracting - Elements

448 Legitimate subcontracting vs. labor-only

contracting - Trilateral relationship

449 Legitimate subcontracting vs. labor-only

contracting - Solidary liability

450 Substantive due process - Just causes

451 Substantive due process - Authorized

causes

452 Procedural due process - Two-notice rule

453 Illegal dismissal, reliefs therefrom -

Reinstatement

454 Illegal dismissal, reliefs therefrom -

Backwages

455 Illegal dismissal, reliefs therefrom -

Separation pay, doctrine of strained relations

456 Illegal dismissal, reliefs therefrom -

Damages

Page 9 of 12
 Labour Law and Social Legislation Notes
457 Illegal dismissal, reliefs therefrom -
Attorneys’ fees

458 Illegal dismissal, reliefs therefrom -

Liabilities of corporate officers

459 Illegal dismissal, reliefs therefrom -

Burden of proof

460 Termination by employee - Resignation

versus constructive dismissal

461 Termination by employee - Abandonment

462 Termination of employment - Preventive

Suspension

463 Termination of employment - Floating

status

464 Termination of employment - Retirement

465 Management prerogative - Discipline

466 Management prerogative - Transfer of

employees

467 Management prerogative - Productivity

standards

468 Management prerogative - Bonus

Page 10 of 12
 Labour Law and Social Legislation Notes
469 Management prerogative - Change of
working hours

470 Management prerogative - Bona Fide

Occupational Qualifications

471 Management prerogative - Post-

employment restrictions

472 Management prerogative - Clearance

procedures

473 Management prerogative - Limitations on

management prerogative; police power of the
State

474 Jurisdiction and reliefs - Mandatory

conciliation-mediation, SENA

475 Jurisdiction and reliefs - Labor Arbiter

476 Jurisdiction and reliefs - National Labor

Relations Commission

477 Jurisdiction and reliefs - Judicial review of

labor rulings

478 Jurisdiction and reliefs - Bureau of Labor

Relations

479 Jurisdiction and reliefs - National

Conciliation and Mediation Board

480 Jurisdiction and reliefs - POEA

Page 11 of 12
 Labour Law and Social Legislation Notes
481 Jurisdiction and reliefs - DOLE Regional
Directors

482 Jurisdiction and reliefs - DOLE Secretary

483 Jurisdiction and reliefs - Grievance

machinery

484 Jurisdiction and reliefs - Voluntary

arbitrator

485 Prescription of actions - Money claims

486 Prescription of actions - Illegal dismissal

487 Prescription of actions - Unfair labor

practice

488 Prescription of actions - Offenses under

the Labor Code

489 Prescription of actions - Illegal

recruitment

Page 12 of 12