Midterms Reviewer

7-11pm
Kindly refer to Atty. Gino's instructions:
As for instructions.
Two device rule, first device will be used to answer the exam via google forms, webcam should
be opened while answering. 2nd device shall be pointed at the student’s direction with a complete
view of immediate surrounding to ensure no notes, reviewers, books, codals or the like are
opened. All devices shall be muted.
4 hour exam with 20 questions, 5 pts each. Essay type exam.
Link to the exam will be forwarded through the goo
Labor law reviewer
What is labor law –
Labor Law is a branch of law that governs and regulates the relationship between
employers and employees. (Ungos & Ungos, Labor Law 2 - The Law on Labor
Relations, 2020, p.2) Labor Standards sets out the minimum terms, conditions and
benefits of employment
Def of atty – labor is there to govern the rights and duties of employee
Aside from employer and employee is there any other
State is the parent of people
Employer
Employee
State –
They have to step in when the other one (employer/employee ) will step on the rights
of each other.
2016 Pre-week Notes on Labor Laws and Social Legislations by Atty. Cecilio D.
Duka, Ed.D for Jurists Bar Review Center. All rights
reserved 2016 by Jurists Review center Inc. Page 1 of 20
JURISTS BAR REVIEW CENTER™

2016 Pre – Week Notes
Labor Laws and Social Legislations
Atty. Cecilio D. Duka, Ed.D.
Labor Standards Laws

Labor standards refers to the minimum requirements prescribed by existing
laws, rules and regulations
relating to wages, hours of work, cost of living allowance and other monetary
and welfare benefits, including
occupational, safety and health standards (Batong Buhay Gold Mines, Inc., vs. Dela
Serna, et. al., G.R. No. 86963,
August 6, 1999) They are covered by Books I to IV of the Labor Code.
Labor Relations Law

Labor relations laws are the laws, rules and regulations which govern the
relationship between employees and
their employers, promote the right of the employees to self-organization and
collective bargaining, penalize unfair labor
practice, and provide modes for the settlement of labor disputes such as conciliation,
mediation, grievance machinery,
voluntary arbitration and compulsory arbitration. They are covered by Books V – VII
of the Labor Code.
Social Legislations
Social legislations are laws, rules, and regulations that promote welfare of all
sectors of society. Social
Legislation includes laws that provide particular kinds of protection or benefits to the
society, in furtherance of social
justice. Not all social legislations are labor laws. Labor laws directly affect
employment they directly govern effects of
employment. All labor laws are social legislations. But not all social legislations are
labor laws.
DUCA


Labor Relations Law

of the Labor Code.
Social Legislations
labor laws.
https://www.studocu.com/ph/document/sti-college/human-resource-management/
labor-law-and-social-legislation-by-atty-cecilio-d-duka-edd/44924998
LABOR STANDARDS MINIMUM SATTNDARDS THAT IS SET BY LAW THAT THE

EMPLOYER SHOULD FOLLOW
LABOR RELATIONS – RELA BET THE EMPLOYER EMPLOYEE PARTICULARY

UNIONIZATIONA ND POLICY MAKING
SOCIAL LEGISLATION IS A LAW THAT GOES BEYOND THE REPLATION OF

EMPLOYER EMPLOYEE.. IT AFFECTS THE FAMILY AND RELATIVES IN CASE
THERE
SOCIAL JUSTICE – LESS IN LIFE SHOULD HAVE MORE IN LAW, SOCIAL

JUSTICE TAKES PLACE
Law on interest – the parties may agree whatever interest there is as long sa they
agree o a contract..
There is no exception to involuntary servitude with regard to labor relations.
Involuntary servitude means slavery. The only exception is when the employee
strikes.. th government may order the employee to return to work.. they are
technically being required to work.. if they work they will be com
When we say full employment does it means employment is 100%? It doesn’t mean
that there should be 100% employment. It means full security on job
Article 13 Section 3. – memorize this
LABOR THE PRIMARY SOURCE IF THE CONSTITUITON – ARTICLE 13

SECTION 3 OUTLINES THE LABOR CODE
RIGHTS OF EMPLOYEES TO FORM A UNION, SECURITY OF TENURE, IF AN

EMPLOYEE WHERE TO BE TERMINATED, THEY SHALL ENJOY… JUST AD
HUMANE SUPPORT., 8 HOURS OF WRK ONE HOUR BREAK
Labor law reviewer
What is labor law –
Labor Law is a branch of law that governs and regulates the relationship between
employers and employees. (Ungos & Ungos, Labor Law 2 - The Law on Labor
Relations, 2020, p.2) Labor Standards sets out the minimum terms, conditions and
benefits of employment
Def of atty – labor is there to govern the rights and duties of employee
Aside from employer and employee is there any other
State is the parent of people
Employer
Employee
State –
They have to step in when the other one (employer/employee ) will step on the rights
of each other.


Labor Relations Law

of the Labor Code.
Social Legislations
labor laws.
DUCA


Labor Relations Law

of the Labor Code.
Social Legislations
labor laws.
https://www.studocu.com/ph/document/sti-college/human-resource-management/
labor-law-and-social-legislation-by-atty-cecilio-d-duka-edd/44924998
LABOR STANDARDS MINIMUM SATTNDARDS THAT IS SET BY LAW THAT THE

EMPLOYER SHOULD FOLLOW
LABOR RELATIONS – RELA BET THE EMPLOYER EMPLOYEE PARTICULARY

UNIONIZATIONA ND POLICY MAKING
SOCIAL LEGISLATION IS A LAW THAT GOES BEYOND THE REPLATION OF

EMPLOYER EMPLOYEE.. IT AFFECTS THE FAMILY AND RELATIVES IN CASE
THERE
SOCIAL JUSTICE – LESS IN LIFE SHOULD HAVE MORE IN LAW, SOCIAL
JUSTICE TAKES PLACE
Law on interest – the parties may agree whatever interest there is as long sa they
agree o a contract..
There is no exception to involuntary servitude with regard to labor relations.
Involuntary servitude means slavery. The only exception is when the employee
strikes.. th government may order the employee to return to work.. they are
technically being required to work.. if they work they will be com
When we say full employment does it means employment is 100%? It doesn’t mean
that there should be 100% employment. It means full security on job
Article 13 Section 3. – memorize this
LABOR THE PRIMARY SOURCE IF THE CONSTITUITON – ARTICLE 13

SECTION 3 OUTLINES THE LABOR CODE
RIGHTS OF EMPLOYEES TO FORM A UNION, SECURITY OF TENURE, IF AN

EMPLOYEE WHERE TO BE TERMINATED, THEY SHALL ENJOY… JUST AD
HUMANE SUPPORT., 8 HOURS OF WRK ONE HOUR BREAK.
In the interpretation of contracts, obscure words and provisions shall not favor the
party that caused the obscurity. Consequently, the terms of the contract of
employment should be construed strictly against the petitioner, which prepared it.
Indeed, a contract of employment is impressed with public interest. For this reason,
provisions of applicable statutes are deemed written into the contract. Hence, the
“parties are not at liberty to insulate themselves and their relationships from the
impact of labor laws and regulations by simply contracting with each other.”
Moreover, in case of doubt, the terms of a contract should be construed in favor of
labor.
Applicability of the Labor Code General rule: All rights and benefits granted to
workers under the
As a labor arbiter, I will ask an expert witness which is a doctor, to testify on this
matter. Since the doctor can tell whether the illness of the seaman can be work
related or not. I will rule infavor of the seaman.. Under (Art. 6, Labor Code) the
Labor Code shall apply alike to all workers whether agricultural or non agricultural
Article 6 applies to all workers
Exceptions In the Labor Code:

1. Government employees; governed by civil service act (they could go to congress
para magkaroon gn law to protect them. To air their grievances
2. international relations
3 Corporate officers involved in intra-corporate disputes
(Azucena, Everyone’s Labor Code, 2021, p.19)
Rights of family drivers are governed by the Civil Code and not by the Labor Code.
(Atienza v. Saluta G.R. No. 233413, June 17, 2019)
Note: The Labor Code may apply even if the parties are not employers or employees
of each other. It is not correct to say that employment relationship is a precondition
to the applicability of the Code. (Ibid)
3 employee rule
1. if the first physician and the second physician has doubt in the medical test.. the
3rd independent physician will decide.
Construction in Favor of Labor, In Case of Doubt in the...Article 4 of the Labor Code

applies only when there is doubt. This principle has been extended by jurisprudence
to cover doubts in the evidence presented by the employer and the employee.
The Rule Does Not Deprive Employers of Fair Treatment.

The rule of interpretation and construction in favor of labor does not mean that
capital should, at all times, be at the losing end of a controversy. The law does not
say so. For while the Constitution and the law tend to favor the working man,
protection to the employer is also assured. Protection of the rights of the laborer
authorizes neither the oppression nor selfdestruction of the employer. Management
also has its own rights which as such are entitled to respect and enforcement in the
interest of simple fair play
What is the rationale are outside the application of the Labor Code.
Why is the non government organization is not under the labor code. They are not
disturb by the local government with regard to their affair. The phil is under the ICC ,
the provisions of the labor code may use the provisions on how to habkde the affairs
of the non government organizations
excpet
1. TESTS TO DETERMINE EMPLOYEREMPLOYEE RELATIONSHIP 1. Four-Fold

Test The "four-fold test" in determining the existence of an employer-employee
relationship has the following requisites: a. the selection and engagement of the
employee; b. the payment of wages; c. the power of dismissal; and d. the power to
control the employee's conduct. (Gerome B. Ginta-Sison vs. J.T.A. Packaging
Corporation, G.R. No. 244206, March 16, 2022, J. Hernando) The Most Important
Test is the Control Test: Under the "control test," the employer is the person who has
the power to control both the end achieved by his or her employees, and the manner
and means they use to achieve that end. (Wyeth Philippines, Inc. v. Estabaya, G.R.
Nos. 231082 & 231102 (Notice), October 6, 2021) Absent the power to control the
employee with respect to the means and methods of accomplishing his work, there is
no employeremployee relationship between the parties. (Continental Marble Corp.,
et.al vs. NLRC, G.R. No. 43825, May 9, 1988) The power of control refers merely to
the existence of the power and not to the actual exercise thereof. It is not essential
for the employer to actually supervise the performance of duties of the employee; it
is enough that the former has a right to wield the power. To operate against the
employer, the power of control need not have been actually exercised. Proof of the
existence of such power is enough. (Chan, Bar Reviewer on Labor Law, 2019,
p.621- 622) The control test means that the employer controls or has reserved the
right to control the employee not only as to the result of the work to be done but also
as to the means and methods by which the same is to be accomplished. The three
(3) terms: (1) means, (2) methods and (3) results are the critical elements of the
control test. (Chan, 2019 Preweek Notes on Labor Law, p. 76) Not every form of
control establishes ER-EE relationship. A demarcation line should be drawn
between: (a) rules that merely serve as guidelines which only promote the result, and
(b) rules that fix the methodology and bind or restrict the party hired to the use of
such means or methods. Under the first category, there exists no employer-
employee relationship. In the second category it has the effect of establishing
employer-employee relationship. (Insular Life Assurance Co., Ltd. U. NLRC, 179
SCRA 439; Consulta U. C.A., G.R. No. 145413, 18 March 2005) 2. Whole Economic
Activity Test The determination of the relationship between employer and employee
depends upon the circumstances of the whole economic activity, such as: 1. the
extent to which the services performed are an integral part of the employer's
business; 2. the extent of the worker's investment in equipment and facilities; 3. the
nature and degree of control exercised by the employer; 4. the worker's opportunity
for profit and loss; 5. the amount of initiative, skill, judgment or foresight required for
the success of the claimed independent enterprise; 6. the permanency and duration
of the relationship between the worker and the employer; and 7. the degree of
dependency of the worker upon the employer for his continued employment in that
line of business. The proper standard of economic dependence is whether the
worker is dependent on the alleged employer for his continued employment in that
line of business. Xxx The benchmark of economic reality in analyzing possible
employment relationships for purposes of the Labor Code ought to be the economic
dependence of the worker on his employer. (Wahing v. Spouses Daguio, G.R. No.
219755, April 18, 2022) 3. Two-Tiered Test The two-tiered test involves: 1. the
putative employer's power to control the employee with respect to the means and
methods by which the work is to be accomplished; and 2. the underlying economic
realities of the activity or relationship. (Ibid) This two-tiered test would provide us with
a framework of analysis, which would take into consideration the totality of
circumstances surrounding the true nature of the relationship between the parties.
This is especially appropriate in this case where there is no written agreement or
terms of reference to base the relationship on and due to the complexity of the
relationship based on the various positions and responsibilities given to the worker
over the period of the latter’s employment. (Ibid) Note: Employment relationship
under the control test is determined by asking whether “the person for whom the
services are performed reserves the right to control not only the end to be achieved
but also the manner and means to be used in reaching such end.” The broader
economic reality test calls for the determination of the nature of the relationship
based on the circumstances of the whole economic activity. Under this test, the
proper standard of economic dependence is whether the worker is dependent on the
alleged employer for his continued employment in that line of business. (Chan, Bar
Reviewer on Labor Law, 2019, p.622-623)
Employer Employee Relationship
The agreement binding both the employer and the employee is known as an
employment contract. However, the absence of an employment contract does
not indicate an absence of an employer employee relationship. When the
existence of the employer employee relationship is in question, the court has
generally applied the four fold test.
If the employer employee relationship can be established, the employer may not
terminate the service of the employee without a just or authorized cause.
4 Elements Of Employer Employee Relationship
Therefore, to determine the existence of an employer-employee relationship,

the four fold test is usually applied:
1. the selection and engagement of the employee;
2. the payment of wages;
3. the power of dismissal; and,
4. the employer’s power to control the employee on the means and methods by which
the work is accomplished.
The employer –employee relationship commence when there is an agreement

whether verbal, implied or written, prove the 4 four fold test and rules on
evidence.
Key performance indicators -
Difference between article 6 and 82

Employer employee relationship
Art 15 17 19 20 23 24 - no need to review

29-34 – no need
Foreigners no need
33 important
35-38 ra 8042, ra 10022 – to be discussed book 1-3
MIDTERMS NOV 11-12
Art. 16. Private recruitment. Except as provided in Chapter II of this Title, no person
or entity other than the public employment offices, shall engage in the recruitment
and placement of workers.
License And Authority; Distinguished LICENSE AUTHORITY Document issued by

the DOLE Secretary authorizing a person, partnership, or corporation to operate a
private recruitment/mannin g agency. (Section 1 authorizing the officers, personnel,
agents or representatives of a licensed recruitment/mannin
e, no person or entity other than the public employment offices, shall engage
in the recruitment and placement of workers.
But there are exceptions:
Exceptions
The following are exempted from the ban on direct-hiring:
a. Members of the diplomatic corps.
b. International organizations. c. Heads of state and government officials with the
rank of at least deputy minister. d. Other employers as may be allowed by the DOLE
Secretary, such as: i. Those provided in (a), (b) and © who bear a lesser rank, if
endorsed by the Philippine Overseas Labor Office (POLO), or Head of Mission in the
absence of the POLO; ii. Professionals and skilled workers with duly
executed/authenticated contracts containing terms and conditions over and above
the standards set by the POEA. The number of professional and skilled Overseas
Filipino Workers hired for the first time by the employer shall not exceed five (5). For
the purpose of determining the number, workers hired as a group shall be counted
as one; or iii. Workers hired by a relative/family member who is a permanent resident
of the host country. (Section 124, 2016 POEA Rules on Land-based Overseas
Filipino Workers)
what else? Another exemption is in article 26

Art. 26. Travel agencies prohibited to recruit. Travel agencies and sales agencies of
airline companies are prohibited from engaging in the business of recruitment and
placement of workers for overseas employment whether for profit or not.
c) Entities Prohibited from Recruiting

A. Travel agencies and sales agencies of airline companies, whether for profit or not;
(Art. 26, Labor Code, as amended) - To avoid confusion that may arise to the
detriment and disadvantage of an overseas applicant-worker or may lead to
exploitation of the applicant-worker who will be at the economic mercy of the travel
agency or sales agencies of airline company from the time his papers are processed
to the time he departs. (Poquiz, Labor Standards and Social Legislation Volume I,
2018, p.112) - Illegal recruitment activities can be traced to travel agencies that
facilitate papers of jobseekers for overseas. They do the dirty job of legalizing the
travel on tourist-visas and with the assurance that the same could be converted into
work-visas in the country of employment. (Ibid)
B. Officers or members of the Board of any corporation or partners in a partnership
engaged in the business of a travel agency;
C. Corporations and partnerships, where any of its officers, members of the board or
partners is also an officer, member of the board or partner of a corporation or
partnership engaged in the business of a travel agency;
D. Individuals, partners, officers, or directors of an insurance company who make,
propose or provide an insurance contract under the compulsory insurance coverage
for agency-hired OFWs; E. Sole proprietors, partners or officers and members of the
board with derogatory records, such as, but not limited to the following: i. Those
convicted or against whom probable cause or prima facie finding of guilt is
determined by a competent authority for illegal recruitment or for other related crimes
or offenses committed in the course of, related to,
Republic Act No. 10022
“SEC. 6. Definition . illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring workers and includes referring,
contract services, promising or advertising for employment abroad, whether for profit
or not, when undertaken by non-licensee or non-holder of authority contemplated.
Gino, you have a unique opportunity. Madaming I hire sa UK 100 plus
There is illegal recruitment if the entity without license performs recruitment. Not
really hiring but rather advertising.
Same scenario – BPO company – with a client in the phils.. example converge.. is
looking for call center agent which the bpo can provide. What convergence say that
we are going to hire call center agent which will be deployed to the office of our
client?
There is a violation of law here.. there is a legal exposure – a violation on hiring this
people since the BPO doesn’t have license to recruit.
Employees naming sila pero they will be working with the client.
Deploying the employee sa site ng client does not constitute illegal

recruitment since the BPO is hiring them. Is the legal exposure or liablity? It
depends, labor only contractor. There is valid arrangement between the
employer-employee.
Example they have employee and the bpo assign that to a client. But the client
Definition of recruitment – the answer is no it would fall into direct hire.
“SEC. 6. Definition. – For purposes of this Act, illegal recruitment shall mean any act
of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring
workers and includes referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by non-licensee or
non-holder of authority contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the Philippines: Provided,
That any such non-licensee or non-holder who, in any manner, offers or promises for
a fee employment abroad to two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed by any person, whether
a non-licensee, non-holder, licensee or holder of authority:
“(a) To charge or accept directly or indirectly any amount greater than that specified
in the schedule of allowable fees prescribed by the Secretary of Labor and
Employment, or to make a worker pay or acknowledge any amount greater than that
actually received by him as a loan or advance;
“(b) To furnish or publish any false notice or information or document in relation to

recruitment or employment;
“(c) To give any false notice, testimony, information or document or commit any act
of misrepresentation for the purpose of securing a license or authority under the
Labor Code, or for the purpose of documenting hired workers with the POEA, which
include the act of reprocessing workers through a job order that pertains to
nonexistent work, work different from the actual overseas work, or work with a
different employer whether registered or not with the POEA;
“(d) To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to liberate a
worker from oppressive terms and conditions of employment;
“(e) To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency or who has formed,
joined or supported, or has contacted or is supported by any union or workers’
organization;
“(f) To engage in the recruitment or placement of workers in jobs harmful to public

health or morality or to the dignity of the Republic of the Philippines;
“(h) To fail to submit reports on the status of employment, placement vacancies,

remittance of foreign exchange earnings, separation from jobs, departures and such
other matters or information as may be required by the Secretary of Labor and
Employment;
“(i) To substitute or alter to the prejudice of the worker, employment contracts

approved and verified by the Department of Labor and Employment from the time of
actual signing thereof by the parties up to and including the period of the expiration
of the same without the approval of the Department of Labor and Employment;
“(j) For an officer or agent of a recruitment or placement agency to become an officer

or member of the Board of any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of travel agency;
“(k) To withhold or deny travel documents from applicant workers before departure
for monetary or financial considerations, or for any other reasons, other than those
authorized under the Labor Code and its implementing rules and regulations;
“(l) Failure to actually deploy a contracted worker without valid reason as determined
by the Department of Labor and Employment;
“(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker’s fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage; and
“(n) To allow a non-Filipino citizen to head or manage a licensed

recruitment/manning agency.
“Illegal recruitment is deemed committed by a syndicate if carried out by a group of

three (3) or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually
or as a group.
“In addition to the acts enumerated above, it shall also be unlawful for any person or
entity to commit the following prohibited acts:
“(1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent
(8%) per annum, which will be used for payment of legal and allowable placement
fees and make the migrant worker issue, either personally or through a guarantor or
accommodation party, postdated checks in relation to the said loan;
“(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino

worker is required to avail of a loan only from specifically designated institutions,
entities or persons;
“(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker

after the latter’s employment contract has been prematurely terminated through no
fault of his or her own;

worker is required to undergo health examinations only from specifically designated
medical clinics, institutions, entities or persons, except in the case of a seafarer
whose medical examination cost is shouldered by the principal/shipowner;

worker is required to undergo training, seminar, instruction or schooling of any kind
only from specifically designated institutions, entities or persons, except fpr
recommendatory trainings mandated by principals/shipowners where the latter
shoulder the cost of such trainings;
“(6) For a suspended recruitment/manning agency to engage in any kind of

recruitment activity including the processing of pending workers’ applications; and
“(7) For a recruitment/manning agency or a foreign principal/employer to pass on the

overseas Filipino worker or deduct from his or her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided under the
compulsory worker’s insurance coverage.
“The persons criminally liable for the above offenses are the principals, accomplices
and accessories. In case of juridical persons, the officers having ownership, control,
management or direction of their business who are responsible for the commission
of the offense and the responsible employees/agents thereof shall be liable.
“In the filing of cases for illegal recruitment or any of the prohibited acts under this
section, the Secretary of Labor and Employment, the POEA Administrator or their
duly authorized representatives, or any aggrieved person may initiate the
corresponding criminal action with the appropriate office. For this purpose, the
affidavits and testimonies of operatives or personnel from the Department of Labor
and Employment, POEA and other law enforcement agencies who witnessed the
acts constituting the offense shall be sufficient to prosecute the accused.
“In the prosecution of offenses punishable under this section, the public prosecutors
of the Department of Justice shall collaborate with the anti-illegal recruitment branch
of the POEA and, in certain cases, allow the POEA lawyers to take the lead in the
prosecution. The POEA lawyers who act as prosecutors in such cases shall be
entitled to receive additional allowances as may be determined by the POEA
Administrator.
“The filing of an offense punishable under this Act shall be without prejudice to the
filing of cases punishable under other existing laws, rules or regulations.”
b) Types of illegal recruitment :

1.Simple Illegal Recruitment (less than 3) The crime of illegal recruitment is
committed when two elements concur, namely: 1. the offender has no valid license
or authority required by law to enable one to lawfully engage in recruitment and
placement of workers; and 2. he undertakes either any activity within the meaning of
"recruitment and placement" defined under Article 13 (b), or any
2. By a syndicate - carried out by a group of 3 or more persons conspiring and
confederating with one another;
3. In large scale - committed against 3 or more persons individually or as a group.
RTC- illegal recruitment hearing

File in the place committed
Exception – it can also be filed at the recidence of the victim.. the reason when it
comes to recruitment they go to manila, undergo medical clearance and then after
hey complete this. Biglang mawawala ang recruitment agency. General rule on crim
procedure. Unfair since they have to come back to manila to file illegal recruitment.
Kaya sa place of the victim kasi wala na siyang pera..
RA act 10022 section 10 of Money claims ***********

Termination of employement ***** as a requirement there has to be an employment
contract signed by the e-e.. lets-‘s say the comtract is at least a year. –it was
terminated by the employer.. ra 8042 it states that the award would be either an
unexpired portion of employed contract or 3 months
Paragraph c is ucontitutional.. 1987 cons.. who has the power to issue a search
warrant? Judge oly.. unconstitutional kapag board member.
Whether or not the filing of complaint of illegal recruitment
It is not a viola
Illegal recruitment and estafa are entirely different offenses and neither one
necessarily includes or is necessarily included in the other. A person who is
convicted of illegal recruitment may in addition, be convicted of estafa under Art.
315, par 2(a) of the Revised Penal code (People vs. Billaber, G.R. No. 114967-68,
January 26, 2004). In the same manner, a person acquitted of illegal recruitment
may be held liable for estafa. Double jeopardy will not set in because illegal
recruitment is malum prohibitum, in which there is no necessity to prove criminal
intent, whereas estafa is malum in se, in the prosecution of which, proof or criminal
intent is necessary.
Assignment article 82 until book 3

Articles 82-98
MIDTERMS NOV 13
Article 6. Applicability. All rights and benefits granted to workers under this Code
shall, except as may otherwise be provided herein, apply alike to all workers,
whether agricultural or non-agricultural.
Article 82. Coverage. The provisions of this Title shall apply to employees in all
establishments and undertakings whether for profit or not, but not to government
employees, managerial employees, field personnel, members of the family of the
employer who are dependent on him for support, domestic helpers, persons in the
personal service of another, and workers who are paid by results as determined by
the Secretary of Labor in appropriate regulations.
As used herein, "managerial employees" refer to those whose primary duty consists
of the management of the establishment in which they are employed or of a
department or subdivision thereof, and to other officers or members of the
managerial staff.
"Field personnel" shall refer to non-agricultural employees who regularly perform

their duties away from the principal place of business or branch office of the
employer and whose actual hours of work in the field cannot be determined with
reasonable certainty.
Title I, Book III of the Labor Code deals with hours of work, weekly rest periods,
holidays, service incentive leaves and service charges. General Rule: It shall apply
to employees in all establishments and undertakings, whether for profit or not (Art.
82, Labor Code, as amended).
EXCEPTIONS:
a. Government employees
b. Managerial employees
c. Field personnel
d. Officers and members of the managerial staff
e. Members of the family of the employer who are dependent on him for support
f. Workers who are paid by results g. Persons in the personal service of another; a
Field Personnel Field Personnel are Non-Agricultural Employees: 1. Who regularly

perform their duties away from the principal or place of business or branch office of
the employer; and 2. Whose actual hours of work in the field cannot be determined
with reasonable certainty [Art. 82]. Legal Test: Control and supervision of employer
In order to determine whether an employee is a field employee, it is also necessary
to ascertain if actual hours of work in the field can be determined with reasonable
certainty by the employer. In so doing, an inquiry must be made as to whether or not
the employee’s time and performance are constantly supervised by the employer
JEEPNEY DRIVERS ARE FIELD PERSONNEL ARE NOT SUPERVISED. –

exempted from the provisions of book 3
BUS DRIVERS ARE SUPERVISED BY CONDUCTORS SO THEY ARE
EMPLOYEE
Domestic helpers (Kasambahays) The aforementioned employees are not entitled
to overtime pay, premium pay for rest days and holidays, night shift differential pay,
holiday pay, service incentive leave and service charges (Poquiz, Labor Standards
and Social Legislation, 2018, p. 219)
Article 141. Coverage. This Chapter shall apply to all persons rendering services in
households for compensation.
"Domestic or household service" shall mean service in the employer’s home which is
usually necessary or desirable for the maintenance and enjoyment thereof and
includes ministering to the personal comfort and convenience of the members of the
employer’s household, including services of family drivers.
Article 142. Contract of domestic service. The original contract of domestic service
shall not last for more than two (2) years but it may be renewed for such periods as
may be agreed upon by the parties.
h. Domestic helpers (Kasambahays) The aforementioned employees are not entitled

to overtime pay, premium pay for rest days and holidays, night shift differential pay,
holiday pay, service incentive leave and service charges (Poquiz, Labor Standards
and Social Legislation, 2018, p. 219)
kasambahay in an income generating – they are considered as employees rather

than kasambahay.
Leave benefits of kasambahay vs leave benefits ng employee –

Employee 5 days with pay for 1 year of service. Hindi pwedeng iconvert sa cash.
Can the employer, pay the employee by means of a check?

Answer: it depends if it is customary practice at the day the labor code took effect
Sexual harassment
With regard to VAWC.. How about if the offender is a minor? And the victim is also a
minor. I am working as a Public health nurse and one of the programs of the doh is
the adolescent health and development and I have a patient who is 15 years old,
with multiple wounds and vomiting blood caused by the partner who is also a 15
year- old child. Live in partners sila. So in this case the abuser is a minor. So How
does this vawc law applies?
LABOR LAW REVIEW MIDTERMS REVIEWER
Articles 97-155 of the Labor Code:
Social Legislation
-Anti-Sexual Harassment
-Magna Carta for Women

-SSS Law -Paternity Law
-Solo Parent -Safe Spaces Act
-Child Abuse Law
-VAWC Law
End in Special Laws
Until book 6 labor standards.. midterms
Finals labor relations

Midterms Reviewer

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Kindly refer to Atty. Gino's instructions:

4 hour exam with 20 questions, 5 pts each. Essay type exam.

Link to the exam will be forwarded through the goo

Labor law reviewer

What is labor law –

Aside from employer and employee is there any other

State is the parent of people

JURISTS BAR REVIEW CENTER™

Labor Standards Laws

Labor Relations Law

JURISTS BAR REVIEW CENTER™

2016 Pre – Week Notes

Labor Standards Laws

Labor Relations Law

LABOR STANDARDS MINIMUM SATTNDARDS THAT IS SET BY LAW THAT THE

LABOR RELATIONS – RELA BET THE EMPLOYER EMPLOYEE PARTICULARY

SOCIAL LEGISLATION IS A LAW THAT GOES BEYOND THE REPLATION OF

SOCIAL JUSTICE – LESS IN LIFE SHOULD HAVE MORE IN LAW, SOCIAL

Article 13 Section 3. – memorize this

LABOR THE PRIMARY SOURCE IF THE CONSTITUITON – ARTICLE 13

RIGHTS OF EMPLOYEES TO FORM A UNION, SECURITY OF TENURE, IF AN

Labor law reviewer

What is labor law –

Aside from employer and employee is there any other

State is the parent of people

JURISTS BAR REVIEW CENTER™

2016 Pre – Week Notes

Labor Standards Laws

Labor Relations Law

JURISTS BAR REVIEW CENTER™

2016 Pre – Week Notes

Labor Standards Laws

Labor Relations Law

LABOR STANDARDS MINIMUM SATTNDARDS THAT IS SET BY LAW THAT THE

LABOR RELATIONS – RELA BET THE EMPLOYER EMPLOYEE PARTICULARY

SOCIAL LEGISLATION IS A LAW THAT GOES BEYOND THE REPLATION OF

There is no exception to involuntary servitude with regard to labor relations.

Article 13 Section 3. – memorize this

LABOR THE PRIMARY SOURCE IF THE CONSTITUITON – ARTICLE 13

RIGHTS OF EMPLOYEES TO FORM A UNION, SECURITY OF TENURE, IF AN

Exceptions In the Labor Code:

(Azucena, Everyone’s Labor Code, 2021, p.19)

Construction in Favor of Labor, In Case of Doubt in the...Article 4 of the Labor Code

The Rule Does Not Deprive Employers of Fair Treatment.

1. TESTS TO DETERMINE EMPLOYEREMPLOYEE RELATIONSHIP 1. Four-Fold

Employer Employee Relationship

4 Elements Of Employer Employee Relationship

Therefore, to determine the existence of an employer-employee relationship,

The employer –employee relationship commence when there is an agreement

Key performance indicators -

Difference between article 6 and 82

Art 15 17 19 20 23 24 - no need to review

35-38 ra 8042, ra 10022 – to be discussed book 1-3

MIDTERMS NOV 11-12

License And Authority; Distinguished LICENSE AUTHORITY Document issued by

But there are exceptions:

what else? Another exemption is in article 26

c) Entities Prohibited from Recruiting

Republic Act No. 10022

Deploying the employee sa site ng client does not constitute illegal

“(b) To furnish or publish any false notice or information or document in relation to

“(f) To engage in the recruitment or placement of workers in jobs harmful to public