Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Objectives: To provide the students substantial knowledge in Labor Standards Law; to enhance
students’ knowledge and understanding on employment relationship and related concepts, State
Policies, laws, principles, regulations, rules and institutions governing Employer-Employee Relationship,
Labor standards on working hours, wage and wag-related benefits, safety and health, social protection
and non-discrimination in employment, processes and interactions and includes security of tenure,
employee discipline and termination of employment, and to prepare the students for the Bar
Examinations in Labor Law and Social Legislation.
GROUND RULES:
METHODOLOGY:
GRADING SYSTEM:
III. 12 Department Order No. 119-12, 12 RA 10151 (Night Workers) and it’s Implementing Rules
III. 13 Department Order No. 170 , RA 10911 Anti-age Discrimination Law
III. 14 Department Order No. 175, 14 RA 10917: An Act amending certain provisions of RA No. 9547,
otherwise known as An Act strengthening and expanding the coverage of the special program for
employment of students, amending for the purpose provisions of RA No. 7323, otherwise known as the
Special Program for Employment of Students
Department Order 204-19, Guidelines in the Implementation of the DOLE-Government Intervention
Program (DOLE-GIP)
III. 15 Department Order No. 156-16 Rules and Regulations governing the Working and Living
Conditions of Fishers on board Fishing Vessels engaged in Commercial Fishing Operation
Department Order No. 196-18, amending Section 1, Rule V and Section 1, Rule VI of DO 156-16.
III. 16 Department Order No. 155-16 Rules and Regulations Governing the Employment and Working
Conditions of Collectors in the Debt Collection Industry
III. 17 Department Order No. 131-B-16 Revised Rules on Labor Laws Compliance System
III. 18 Department Order No. 149-2016 Guidelines in Assessing and Determining Hazardous Work in
the Employment of Persons Below 18 Years of Age,
3
Department Order 202-19 Implementing Rules and Regulations of Republic Act No. 11165 otherwise
known as the “Telecommuting Act”
Book VI-POST EMPLOYMENT and its Implementing Rules, Department Order No. 147-15, Series of
2015)
Department Circular No. 01, Guidelines on the Issuance of DOLE Certification as a Requirement for the
Application for Payment of Unemployment Insurance or involuntary Separation Benefit.
(PART I)
I. GENERAL PRINCIPLES
Labor in General; Law Classification; Purpose of Labor Law
H. Constitutional Rights under the Bill of Rights, Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2)
Labor considered as “Property” (Section 1, Article III) The only relevant aspect of Section 1,
Article III, to labor cases
Phil. Movie Workers Assn. v. Premiere Productions Inc., 92 Phil. 843 (53)
Sibal v. Notre Dame of Greater Manila, 182 SCRA 538 (90)
Section 4, Freedom of Speech, of Expression and of the Press and Peacebly to Assemble
and Petition the Government for Redress of Grievances.
Phimco industries, Inc. v. Phimco Industries Labor Association (PILA) G.R. No.
170830, August 11, 2010
Right against unreasonable searches and seizures and to privacy of communication and
correspondence
Waterous Drug Corporation v. NLRC and Catolico, G.R. No. 113271, October 16,
1997, 280 SCRA 735
People v. Andre Marti, G.R. no. 81561, Jan. 18, 1991, 193 SCRA 57.
Pollo v. Chairperson Karina Constantino-David, G.R. No. 181881 Oct. 18, 2011
B. Employer-Employee Standard of Conduct – Art. 1701, New Civil Code of the Philippines
PAL Employees vs. NLRC (August 22, 1996)
PT & T vs. NLRC, 272 SCRA 596
C. Article 1702, New Civil Code of the Philippines in relation to Article 4 of the Labor
Code
Doubt or ambiguity in labor contracts
Colegio de San Juan de Letran-Calamba v. Villas, G.R. No. 137795, March 26, 2003
Doubt or ambiguity in evidence
Century Canning Corporation v. Ramil, G.R. No. 171630, August 8, 2010, 627 SCRA
192, 202
Dreamland Hotel Resort and Westley Prentice, v. Stephen Johnson, G.R. No. 191455,
March 12, 2014
Department of Foreign Affairs vs NLRC, G.R. No, 113191, September 16, 1996.
Jusmag Phils vs. NLRC. G.R. No. 108813, Dec 15, 1994 (Foreign Government)
SEAFDEC v Acosta, G.R. No.s 97468-70, Sept. 2, 1993
U.S. vs. Hon. Rodrigo, G.R. No. 79470, February 26, 1990, 182 SCRA 644, 664 (Filipino cook
case, proprietary activity)
Ebro III vs. NLRC, G.R. No. 110187, Sept. 4, 1996, 261 SCRA 399, Estoppel does not confer
jurisdiction over an immune entity. Suability vs. liability
INTERNATIONAL ORGANIZATION:
8
SEAFDEC-AQD vs. NLRC, G.R. No. 86773, Feb. 14, 92, Emp. Of intergovernmental or intl.
org
WPP Communications vs. Galera, G.R. No. 169207 and Galera vs. WPP Communications,
G.R. No. 169239, 25 March 2010
Matling Industrial and Commercial Corp vs. Coros, G.R. No 157802, October 13, 2010.
Locsin vs. Nissan Lease Phils, Inc. G.R. No. 185567 October 20, 2010.
Renato Real v. Sangu Philippines, Inc. G.R. No. 168757, January 19, 2011
Cosare v. Broadcom Asia, Inc., G.R. No. 201298, Feb. 5, 2014.
Prudential Bank and Trust Company vs. Reyes, G.R. No. 141093, February 20, 2001
Rural Bank of Coron (Palawan) Inc. vs. Cortes, G.R. No. 164888, December 6, 2006.
Transfer of jurisdiction from SEC to Regular Courts under RA 8799, (Securities Regulation
Code)
Claims for benefits and damages in intra-corporate cases are cognizable by Regular courts.
G. Law Interpretation – Art. 4, LC Art. 1702, New Civil Code of the Philippines (Note: Discussion
on Labor Code and the Civil Code)
H. Work Relationship
1. Various definitions of employer and employee
2. Employer and Employee - Art. 84, 97 (a), (b) (c) and (e); 173 (before 167) (f), (g); 219
(e), (f) and (m) 29; 296
3. R.A. No. 1161, as amended by RA 8282 (SSS Act of 1997, Sec. 8. (c) (d) (j)
4. RA No. 8291 GSIS Act of 1997) Sec. 2 (d)
Baguio vs. NLRC (October 4, 1991)
DBP vs. NLRC (233 SCRA 250)
Neri vs. NLRC and FEBTC (224 SCRA 717)
5. Importance –
LVN Pictures vs. Philippine Musicians Guild (1) SCRA 132, G.R. No. L-12582, Jan. 28, 1961;
Sampaguita Pictures vs. Philippine Musicians Guild, G.R. No. L-12598, Jan. 28, 1961 (Right
of control test, employee)
9
Department Order No. 155-16 Rules and Regulations Governing the employment and
working conditions of Collectors in the Debt Collection agency
Department Order No. 156-16 Rules and Regulations governing the Work and Working
Conditions of Fishers on Board Fishing Vessels;
j. Effect of labor only contracting (Labor Advisory No. 10, Series of 2016) and valid job
contracting agreements
San Miguel Corp v. MAERC Integrated Systems, 405 SCRA 579, July 10, 2003)
k. Salient Features of DOLE 18-2 as amended by DOLE 18-A, Series of 2011 as further
amended by D.O. 174-17;
Mandatory registration of independent contractors; requirements for registration;
obligation of ind. Contractors; effect of non compliance; Net Financial Contracting
Capacity; What cannot be Contracted out(Negative List);
Exemption from New Requirements of DO 18-A (Dept. Circular No. 1, Series of 2012 re:
BPO’s and construction industries) as amended by DO 174-17
Independent Contractors
Semblante v. CA G.R. No. 196426, August 15, 2011 (Masiador/Sentenciador)
Babas v. Lorenzo Shipping Corp G.R. No. 186091, Dec. 15, 2010 (Earmarks of an LOC)
Law-Agreement
Tabas v. California Manufacturing Co., Inc. 169 SCRA 497 (89)
Jurisdiction
SMC vs. NLRC (61 SCRA 719)
Pepsi vs. Galang (September 24, 1991)
11
Medina vs. Castro Bartolome (116 SCRA 597 G.R No. 59825)
Labor Flexibilization and the “gig” economy – prohibition on labor flexibilization, if any?
The Editorial Board, New York Times, “Defining Employee in the Gig Economy, July 18, 2015”
A. Discipline
Components of the right to discipline
China Banking Corp vs Borromeo – G.R. No. 156515
Deles, Jr. vs. NLRC, G. R. No. 121348, March 9, 2000
Yrasuegui vs. PAL – Oct. 17, 2008
B. Transfer of employees
Two kinds of Transfer; Principles on the prerogative to transfer employees, promote and
demote
Phil. American Life vs Gremaje – G.R. No. 156963, 2004
Mendoza vs. Rural Bank of Lucban, G. R. No. 155421, July 7, 2004
Manila Pavillion v. Delada, G.R. No. 189947, January 25, 2012,
Prince Transport v. Garcia, G.R. No. 167291, January 12, 2011
Echo 2000 Commercial Corp. v. Obrero Filipino-Echo 2000, G.R. No. 214092, January 11,
2016
D. Productivity standard
12
2 schemes of productivity standard; DOLE to Establish Standard Output Rates; Time and
motion studies; Allowed time, meaning; Base rate, meaning
Output rates in work paid by results; effect if determined by employer or by DOLE
International School Manila v. International School Alliance of Educators (ISAE) G. R. No.
167826, February 5, 2015
Aliling v. Feliciano, G.R. No. 185829, April 25, 2012
Philippine American Embroideries vs. Embroidery and Garment Workers, 26 SCRA 634,
639
Buiser v. Leogardo, Jr., 131 SCRA 151, 158 (1984)
F. Change of working hours/ Changes in Law Requirements/ Union Leave with prior
Management’s approval policy
Manila Jockey Club Employees Labor Union –PTGWO, v. Manila Jockey Club, Inc. G.R.
No. 167760, March 7, 2007
St. Luke’s Medical Center Emp. Union-AFW v. NLRC, G.R. No. 162053, 517 SCRA 677,
March 7, 2007
Malayan Employees Association-FFW v. Malayan Insurance Comp, Inc. G.R. No. 181357,
February 2, 2010
VIII COMPROMISE AND WAIVER- Art. 233, Labor Code (before Art. 227)
When valid, when not valid
Phil. National Construction Corp. v. NLRC (G.R. No. 95816, October 27, 1992)
Veloso v. DOLE, 200 SCRA 201 (91)
Union of Filipino Workers v. NLRC, 207 SCRA 435 (92)
AG & P Co. of Mla. V. NLRC (G.R. No. 127516, May 28, 1999
ILADAN vs. LA SUERTE INTERNATIONAL MANPOWER AGENCY, INC. GR. No. 203882,
January 11, 2016
Dela Rosa Liner, Inc. vs. Borela, G.R. No. 207286, July 29, 2015
PART 2
BOOK ONE LABOR CODE
RECRUITMENT AND PLACEMENT OF WORKERS
Equality of access: ILO Convention No. 111 (Discrimination in employment and occupation) 1958
General Principles
Statutory Reference – Arts. 12-39; Book I, Rules III, IV, V, VI, VIII, Omnibus Rules Implementing
the Labor Code; RA 8042
A. Employment Policies – 12; Art. II, Sec. 9, Constitution; RA 8042 or the Migrant Workers and
Overseas Filipinos Act of 1995 (95)
Deployment ban and preconditions to deployment under the police power and the
general welfare clause. RA 8042 Sec. 4 and 5.
PASE, Inc vs. Drilon (G.R. No. 81958June 30, 1988), right to travel subject to public safety
1. Public Sector Agencies Employment Offices – 12 (f); 14 (a) and Overseas Employment
Development Board – POEA 1 7
C. Parties
Worker – 13 (a); Private Employment Agency – 13 (c); 12 (f); 14 (a) Private Recruitment
Entity – 13 (e); 12 (f); 14 (a); Principal
14
Allowed Entities
Allowed Private Agencies and Entities – 16, 25. 18; 12 (f)
Bonds – 31
Stronghold Insurance vs. CA, G.R. No, 88050, 1/30/92
Eastern Assurance vs Sec of Labor, G.R. Nos. L-79436-50, 1/17/92
E. Illegal Recruitment – Art. 38, RA 8042, Sec. 6, Sections 9 to 14, 19, 22, 23, 24 and 25 (Rules
Implementing RA 8042) RA 10022
Essential elements of illegal recruitment
Simple illegal recruitment
Recruitment in large Scale
Recruitment committed by a syndicate
Illegal recruitment as economic sabotage
Aquino v. CA, G.R. No. 91896; November 1991)
People v. Cabacang (G.R. No. 113917; July 1995)
People vs Bulu Chowdury (G.R. No, 129577-80, feb. 15, 2000) (employees liable)
People vs Jamilosa, G.R. No. 169076, Jan. 23, 2007; Absence of receipt evidencing
payment not fatal for prosecution of illegal recruitment
Executive Sec et. al vs. CA, G.R. No. 131719, May 25, 2004
Romero v. People, G.R. No, 171644, Nov. 23, 2011
People v Bacos, G.R. No. 178774, Dec. 8, 2010.
F. Liabilities
1. Local recruitment agency
2. Foreign employer
3. Solidary liability
ACTI Overseas Corporation v. Echin, G.R. No. 178551, 11 October 2010
Application of the Labor Code on Filipino OFWs who was deployed abroad and retrenched
thereafter
International Management Services/Marilyn C. Pascual v. Roel Logarta, G.R. No, 163657,
April 18, 2012
H. Enforcement – 35, 36, 37, Book III, Rule I Sec. 10; Book V, Rule II, Sec. 1; Book VI, Rule I and
Rule III, Secs. 14-15
Regulatory and visitorial powers of the DOLE secretary (Three Visitorial Powers of DOLE
Sec.)
Salazar vs. Achacoso, Art. 38 (c) authorizing DOLE Sec. to issue warrants declared as
unconstitutional.
LA vs. POEA (administrative and disciplinary) Sec. 1, rule 1, part 6, 2002 POEA Rules for
land-based; Sec. 1, Rule 2, Part 5, POEA rules for seafarers.
16
Compensation and benefits for injury or illness – Section 20 (B) POEA SEC (impt.)
Austria vs Crystal Shipping Inc. G.R. No. 206256, February 24, 2016
Who determines compensability? Accreditation from POEA not required; Right of Seafarer
to Seek Second Opinion
Milllan v. Wallan Maritime Services, Inc. 685 SCRA (2012)
Splash Philippines, Inc. v. Ruizo
Rule when findings of company designated physician and seafarer’s physician are
contradictory; Sec. 20-B, POEA SEC
General Rule and Exceptions.
Andrade v. Ageman Minning Agency, Inc., 684 SCRA 587
Career Philippines Shipmanagement v. Serna, G.R. No. 172086, December 3, 2012
Maersk Filipinas Crewing Inc., v. Mesina, G.R. No. 200837, June 5, 2013
Determination of disability benefits: permanent and temporary; Sec. 2(b), Rule VII, IRR
Title II, Book IV, LC or amended rules on ECC Rules
17
Pacbasin Shipmanagement, Inc. v. Santiago, G.R. No. 194677, April 18, 2012
Magsaysay Maritime Corporation v. Oberto S. Lobusta, G.R. No. 177578, 25 January
2012
II. ALIEN EMPLOYMENT or Employment of Non-Resident Aliens (Book II, Title II)
Statutory Reference – Arts. 40-42; Revised Guidelines for Issuances of Employment Permit, D.O.
No. 26-02 (s. 2002) and 41-03 (s. 2003) Department Order 97-09 (S. 2009); Department Order
No. 1 Series of 1999; DO 120-12 (2012)
DOLE Department Order No. 146-15 Series of 2015 (Coverage, Exemption, Exclusion, Procedure
in the Processing of AEP, Publication, Inspection, Validity, Renewal, Denial of Application for
new or renewal of AEP, Cancellation/Revocation of AEP, Effect of Denial/Cancellation or
revocation of AEP, Appeal, Penalty for working without AEP)
A. Technique of Regulation – Employment Permit – 40-42; Art. XII, Sec. 12, Constitution
Commonwealth Act 108 as amended by PD 715; Retail Trade Nationalization law or RA
1180; Finance Company Act or RA 5980
Employment Permit
General Milling Corp. v. Torres, 196 SCRA 215 (91) Tim Cone Case
C. Instances where AEP is a requisite for issuance of Employment visa under the Philippine
Immigration Act of 1940.
1. Sec. 9 (d) Treaty trader and investor visa
2. Sec. 9 (g) Pre-arranged employment visa
3. Sec. 47 (a) 2, Visas for temporary workers
Constitutional and Statutory Reference Policies, Objectives and Concepts – Consti, Art. II, Sec.
17; Art XII, Secs. 12 and 14; Art XIII, Sec. 3 par. 1; Art. XIV, Secs. 1,2, 4 (1) and LCP Arts 3, 12 (a)
and 57 Arts. 57-81; Book II, Rules I-VIII, Omnibus Rules Implementing the Labor Code; PESO Law;
B. Program Incentive – 52
C. Concepts and definitions: RA No. 7796, Sec. 4; LCP, Art. 44 (a)
D. Salient Points of TESDA LAW: Policy, Goals, Powers of the Board,
E. Tesda Activities and Programs (Sec. 18 to 32)
F. Training and Employment of Special Workers (BOOK II, TITLE II) Art. 57-81, LC
1. APPRENTICE – 57-72, RA 6727, Rule VI, Book II, Secs. 18, 19, 25; RA No. 7796, Sec. 4 (k)
Holiday Inn Manila vs. NLRC, G.R. No. 109114, 9/14/93
Nitto Enterprises vs NLRC, Sept. 29, 1995, G.R. No. 114337
2. LEARNER – Art. 73-77, Rule VII, Book II, Sec. 6, 4(3); RA NO. 7796, Sec. 4 (n)
When employment of apprentices and learners allowed; LCP Art. 60 and 74; RA No.
7796, Sec. 4 (m)
Distinguish Learnership from Apprenticeship; Learnership Agreement; Learners in
Peacework
3. HANDICAPPED – Art. 78-81, RA 6640, Sec. 5 Book II, Rule VIII of the Omnibus IRR
4. RA 8504 or “Philippine Aids Prevention and Control Act of 1998”, Sec. 35; definition,
rights and privileges