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LABOR LAW REVIEW (7/8/2017)

- Right to non-hazardous workplace (even though there is no EER)


- Proper workplace and other standards kahit na walang EER
- Labor code applies to the welfare of workers, w/o theres eer
- Regulatory powers of DOLE, visitation
- Right to close business by dole if non compliance with the DO
- Always understand and remember the elements of EER
- Most important element: power of control over said employee
- EER is always a legal question, before you apply 279, regarding benefits, always take a look
about eer
- Position papers: always state or inculcate that there is such control and eer overall
- Substantive questions and formal questions are always to be considered
- RA 10022 amending 1842 Migrant workers act
- Requirement before a worker be sent abroad: diplomatic rel, treaty as to rights, country must
have law protecting the rights of workers. Without these you cannot send worker abroad
- Thats why we have bond, or withour permit or sanctions
- Read the definitions
- Section 2 and 3, deployment, requirements: Memorize!!!!
- In RA 10022, in case illegal recruitment, file where the agency is located. Or where the OFW is
residing, as exemption to territoriality rule
- What is illegal recruitment, definition, memorize!!!! Take note of conspiracy
- Concept of conspiracy in illegal recruitment
- Recruitment and placement: meaning
- Who are person liable for illegal recruitment, and crime?
- Take of jurisidiction, penalties,
- Money claims in labor code? Skippers case, marsaman case. Serving at least 12 months, 3 month
salary for unexpired portion. Violative of workers contract, unconstitutional this provision.
- You should be paid in the remaining unserved term.
- Who should you file the case for money claims? Labor code bans direct hiring. Exceptions (4).
- There must be the local agency who enters a contract with the foregin.
- Concept of liability: solidary obligation in case of breach of contract
- Termination of overseas employment, 10022, refer to provision 283 284
- Pre-termination cases (Skipppers case)
- Provisions of Repat: Section 9.
- Automatic revocation of permits and license in violation of recruitment process,
- Always look at Repat, there should a bond of fund for the refund of repatriatin expenses

BAN ON TRAVEL AND RECRUITMENT AGENCIES

- Why? To avoid unnecessarily sending workers incognito


- Not banned on a direct sense, because if you are just an investor, and not a manager or officer
of both agency, you can still continue to be an investor on both agencies at the same time.
- Direct hiring ban, exemptions: working in intl org., etc.
- Case: Echo 2000 Commercial corp (case of transfer and promotion of workers)
- Promotion usually entails a different of nature of task. In managerial and supervisory, loss of
trust and confidence is already a ground for termination. Unlike in rank and file, that it is not
applicable and cannot be easily dismissed.
- Case: Globe Mccain, concept of loss of trust and confidence are those work that usually entails
direct interaction with the employer.
- Illegal termination: strained relations concept, if reinstatement if impractical, separation pay
must be given in lieu thereof.
- Strained relations must only be dependent on the degree of relation to your employer.
- If no illegal termination or abandonment: labor arbiters only award damages but they do not
order reinstatement, without backwages.
- Case: Lagahit vs concord it must not be in name but in the function. Not the label but the
duties and responsibilities
- Case: Jack Valencia vs classice vinyl EER , what is control as element of EER
- DEPARTMENT ORDER 18 (memorize)
- January
- Bernardo case:
- 282 283 substantive grounds
- Nominal damages onlysets in when you fail to comply wwith the procidueal process. Minimun
30,000.00
- Agabon case: discusses nominal damages (when there is violaion of rights)
- Libcap case:
- Employer must prove that employee is paid twith salaries, other claims such as OT differentials
must be proved by employee
- 7233 handicapped
- Handicapped worker must not be efficient to be entitled to 75% of minimum wage
- Apprentice: Century canning

DISCUSSION ON CASES NEXT MEETING

DEPARTMENT ORDER 18

(Labor only contracting) prohibited by laws

Case: Mercury vs Libunao Legitimate job contracting

Liability: principal becomes direct employer of employees who passed through the labor contractor

- Art 109 (106) legitimate contracting


- Requirements:
- Substantial capital: