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Employment Relationship
-Voluntary between the parties;
-employer is either individual or
entity;
-employee is always an
individual.
Labor standards
-minimum standards provided by law, such as
working conditions, wages, and employees
benefits
-employer must know the minimum wage rate
and should not offer to pay less than the
minimum wage rate
Labor relations
The right of employees to organize,
bargain collectively with their
employers, and to engage in peaceful
concerted activities such as strikes
N.B. Article 13, Sec. 3 of the Constitution provides that
labor standards and labor relations are constitutional rights
of workers.
Work is voluntary
No one can be forced to work for a
particular employer
Involuntary servitude is outlawed in the
Philippines
Employer can only file case for damages if
employee refuses to comply his contract
Not specific performance
Note:
The magic word that the employer can say
is YOURE HIRED.
To remove a problematic employee is not as
easy as saying YOURE FIRED.
DISCRIMINATION IN HIRING
Not all types of discrimination in hiring
process are illegal. Only illegal ones that
employers should avoid, such as gender
and marital status.
Against women (married in particular in
terms of hiring, pay, promotions, access to
scholarship)
Against handicapped or physical disability
Against single parents or solo parent
SECURITY OF TENURE
SEC.1 Article 3 of the Constitution- DUE
PROCESS CLAUSE
ALL EMPLOYEES, regular and non-regular
enjoy security of tenure.
Employment contract is not a mere contract
for it is imbued with public interest and
social justice.
Labor laws are forms of social legislation
favoring the workers.
Elements:
The selection and engagement of the employee
The payment of wages
The power of dismissal
The employers power to control the employees
with respect to the means and methods by which
the work is to be accomplished. (PAL vs. NLRC,
263 SCRA 638)
JOB OR INDEPENDENT
CONTRACTOR
The principal in a job contracting arrangement has no
control over the manner of work of job contractor. Control
is over the desired results.
JC is engaged by the principal to perform a certain task but
whose manner of work the principal has no right of control.
Reasons of businesses hiring a job or independent
contractor: lack of expertise to perform certain tasks (e.g.
hiring computer programmer) and to save costs (e.g.
retaining the services of a law firm to cater its legal needs
instead of maintaining an in-house counsel)
ER-EE RELATIONSHIP
The employer has control over the manner of work
of their employees not on job contractor.
The employee-whose manner of work, the
employer has the right of control, even if the
employer does not exercise that control not for a
job contractor.
contract between the principal and job or
independent contractor is called service contract.
(janitorial/security services)
KINDS OF EMPLOYEES
It is important to make a difference between
regular and non-regular employees because each
one has its own infirmities and advantages.
Employment of contractual employees ends after
the fixed term agreed upon has lapsed.
Project employee- ceases at the end or
completion of the project.
Regular employee can lose his employment only
for cause.
Probationary employees
-to test capability or competency of a worker
before hiring him or her as a regular employee.
SPECIAL WORKERS
WOMEN
CHILDREN
RA 9231 An act providing for the elimination of
the Worst forms of child labor and affording
stronger protection for the working child which
amended RA 7610 Phil. Special Protection of
Children against Child Abuse, Exploitation &
discrimination Act
HIRING PROCESS
The hiring process enables both the employer and
the job applicant to exchange enough information
so that they can make an intelligent and informed
decision about whether or not to enter into an
employment relationship.
By collecting information about the applicant, the
employer is able to ascertain whether the job
applicant is qualified for the position he is applying
for.