LABOR LAW REVIEW

Atty. Peter-Joey Usita

4E
I. PROCEDURE & JURISDICTION
1. Labor Arbiter
Article 223 (formerly Art. 217): Jurisdiction of the Labor Arbiter
Halaguena PAL, G. R. No. 172013, October 2, 2009
Lapanday Agricultural Dev't Corp v CA, G.R. No 112139, January 31, 2000
2. National Labor Relations Commission
Bartolino Coca-Cola Bottlers, G. R. No. 153660, June 10, 2003
a. Original Jurisdiction of the NLRC
b. Article 223 (formerly Art. 217): Exclusive Appellate jurisdiction of NLRC,
Article 229 (formerly Art. 223): Appeal
Sandol v Pilipinas Kao, Inc., G.R. No. 87530, June 13, 1990
Ong v. CA, G.R. No. 152494, September 22, 2004
c. Article 224 (formerly Art. 218): Powers of the Commission
Yupangco Cotton Mills, Inc. v. CA, G.R. No. 126332, January 16, 2002
PAL v. NLRC, G. R. No. 120567, March 20, 1998
3. Article 232 (formerly Art. 226) Bureau of Labor Relations
4. National Conciliation and Mediation Board Jurisdiction
5. Regional Directors Jurisdiction
6. Grievance Machinery and Voluntary Arbitration
a. Grievance Machinery Definition
b. Article 267 (formerly Art. 261) Jurisdiction of Voluntary Arbitrators

II. RECRUITMENT & PLACEMENT

1. Article 13 (b): Definition of Recruitment & Placement
2. Article 13 (b): When there is a presumption of Recruitment & Placement
People w. Panis, L-58674-77, July 11, 1986
3. Illegal Recruitment
a. Definition of Illegal Recruitment under Labor Code
b. Definition of Illegal Recruitment under the Migrant Worker's Act (R.A. No.
8042) Constitutionality - Lazo v Salac, G.R. No. 152642, November 13, 2012
c. Article 13: License v. Authority
d. Article 34: Prohibited Acts Additional grounds (prohibited acts) added by
Migrant Worker's act, apart from Art. 34
f. Illegal recruitment as economic sabotage
g. Differences: Simple illegal recruitment, illegal recruitment in large scale,
illegal recruitment as syndicate
h. Illegal Recruitment v. Estafa
i. Liabilities of the local employment agency and the employer
j. Theory of Imputed Knowledge
k. Rule on the pre-termination of contract of a migrant worker
Serrano v. Gallant, G.R. No. 167614, March 24, 2009
Yap v TheNamaris, G. R. No. 179532, May 30 2011
4. Regulation and Enforcement
a. Article 135: Suspension or cancellation of license or authority
b. Penalties of Illegal Recruitment under R.A. No. 8042
c. Rule on remittance of foreign exchange earnings
5. Article 18: Direct Hiring, and Rules & Regulations Governing Overseas
Employment: Exceptions

III. LABOR STANDARDS

1. Hours of Work
a. Article 82: Who are covered and excluded from the provision
i. Health Workers