Académique Documents
Professionnel Documents
Culture Documents
LAW 200M
Atty. Domingo T. Aonuevo
DLSU College of Law
dtanonuevo@pldtdsl.net
domingoanonuevo@gmail.com
+639175457018
COURSE DESCRIPTION:
This course is about the fundamental principles of labor law, and the law on
recruitment and placement, labor standards, termination of employment, and social
legislation.
LEARNING OUTCOMES (LO):
On completion of the course, the student is expected to be able to do the
following:
1. State the legal bases of labor law and tell where it may be found; recognize the
basic rights of workers and employers;
2. Tell when an employer-employee relationship exists; differentiate job contracting
from labor-only contracting;
3. Tell when there is illegal recruitment; discuss the rights of apprentices, learners
and the disabled;
4. Restate and apply the minimum standards on hours of work, rest days, holidays,
various leaves, minimum wages, payment and protection of wages, 13th month
pay, and the working conditions for women, minors, house helps and other
special groups of workers;
5. Discuss the right to security of tenure; explain when an employee may quit
his/her employment; identify the just and business-related causes for termination
of employment; describe the procedural requirements of termination of
employment; and identify the reliefs and remedies in cases of illegal dismissals;
6. Discuss the coverage of and the benefits under the various social legislations.
Class participation
Attendance/recitation
Group reports
Quizzes
Mid-term examination
Final examination
20.00%
10.00%
10.00%
20.00%
30.00%
30.00%
Students should submit to DTA class cards not later than the 2 nd class day. Affix
1x1 photos and write the following details: name, pre-law course, school
graduated from, previous employment, email address, cell phone number).
Laptops and tablets may be used to take down notes but should be turned
off/closed when owner is called to recite. All notes and books should be closed
also during recitation.
Every student must belong to a gang of 3 for the purpose of group reports.
Group membership should be reported to DTA not later than the 2 nd class day.
LEARNING PLAN:
LEARNING
OUTCOME:
Student should be able
to
State the legal bases of
labor law and tell where
it may be found;
recognize the basic
rights of workers and
employers;
TOPIC
Part I:
Introduction to
Labor Law
Sections 1 - 4.
DATES
(Day 1,
Day 2,
Day 3)
LEARNING
ACTIVITIES
* Lecture
* Recitation
* Group report on international
core standards: what these are
and an assessment on how PH is
already complying these standards
*Group report on how the SOLE
enforces the Labor Code
Part I:
Introduction to
Labor Law
(Day 4,
Day 5)
* Lecture
* Recitation
* Group report on the Tonko cases
Sections 5 & 6
Quiz on Part I
Part II:
Recruitment &
Placement of
Workers/ Alien
Employment
(Day 6,
Day 7,
Day 8)
* Lecture
* Recitation
* Group report on training and
employment of disabled persons
(handicapped workers)
(Day 9,
Day 10,
Day 11
Day 12,
Day 13,
Day 14)
* Lecture
* Recitation
* Group report on the Kasambahay
bills
Quiz on Part IV
Part V:
Termination of
Employment
(Day 11,
Day 12,
Day 13,
Day 14,
Day 15,
Day 16,
Day 17)
* Lecture
* Recitation
* Group report on:
-- a recent labor arbiters decision
declaring illegal a dismissal for just
cause,
a recent labor arbiters decision
upholding a dismissal for just
cause;
-- FASAP v. PAL, G.R. No. 178083
Quiz on Part V
Discuss the coverage of
and the benefits under
the various social
legislations.
Part VI:
Social
Legislation
(Day 18,
Day 19,
Day 20
Day 21
* Lecture
* Recitation
Quiz on Part VI
REFERENCES:
Nota bene:
The case titles below are hyperlinked to websites containing the cases' full
text.
Part I:
INTRODUCTION TO LABOR LAW
1 Labor law, defined
2 Labor law, classified
3 Legal bases of labor law
3.1 Police power of the State
3.2.1.1 Defined
3.2.1.1 Applied
3.2.1.3 Protection of
labor
4.1.7 Applicability
4.1.7.1 Overseas
Workers
4.1.7.2
Government
employees
4.1.7.3 Employees of
International
Organizations and
Specialized Agencies
4.1.8 Enforcement and
Sanctions
4.2 Decisions of the courts and
quasi-judicial bodies
4.3 Labor Contracts
LABOR CODE, Arts. 217 (a) (2), (3), (4), & (6);
128,129; 288, 289, 290, 291, & 292; CONST.,
Art. III, Secs. 11 & 16
LABOR CODE, Arts. 97 (a), (b), (c); 167 (f), (g) &
(h); 212 (e) & (f)
Part II:
RECRUITMENT AND PLACEMENT OF WORKERS/ALIEN EMPLOYMENT
7 Recruitment and Placement of Workers
Suggested reading:
Julyn S. Ambito and Melissa Suzette L.
Banzon, Review of Philippine Migration
10
11
8.1 Coverage
12
12.1 Definition
12.3 Coverage
13 HOURS OF WORK
13.3 Exemptions
13.3.1 Government
employees
13.3.2 Managerial employees
13
13.3.2.1 Rationale
13.3.2.2 Supervisors
are managerial
employees
13.3.3 Field personnel
14
15
10
13.7.1 In general
13.7.1.1 Rationale for
overtime pay
13.7.1.2 Overtime
work: voluntary/
consensual
13.7.1.3 Overtime
instruction, not
required
13.7.1.4 But evidence
of performance of
overtime work
required
13.7.1.5 No offsetting
of overtime with
under time
13.7.2 Emergency or
compulsory overtime work
13.7.3 Computation
13.8Night work
14 WEEKLY REST PERIODS
14.1 Coverage
14.2 Determination, compulsory
work; compensation
16
15 HOLIDAYS
15.1 Coverage
17 SERVICE CHARGES
17
18.1.1 Rule
18.1.4 Determination of
compliance with minimum
wage
18.1.5 Facilities and
supplements/allowances
18.1.6 Cash
wage/commission
18
126
Nasipit Lumber Co. v. NWPC, 289 SCRA 667
(98)
18.2.4.1 Methods of
fixing
18.2.4.1.1 Floor
wage method
18.2.4.1.2
Employers Confederation of the Philippines
Salary - ceiling v. NWPC, 201 SCRA 759 (1991)
method
18.2.4.2 Validity
19
18.2.4.3 Wage
distortion
20
21
20 Bonus
20.1 Nature:
380 (1995)
21.1 WOMEN
21.1.3.4 Discharge on
account of pregnancy
22
10151
LABOR CODE, Art. 135
21.1.4 Facilities
21.1.5 Special women
workers
21.1.6 Maternity leave
21.1.7 Sexual harassment
14-A
RA No. 7877 ;
21.2 MINORS
21.2.4 Discrimination
21.3 HOUSEHELPERS /
CAREGIVERS
ILO Domestic
Workers
Convention, 2011
(No. 189)
21.3.1 Definition
21.3.2 Coverage
23
21.8.1 Definition/purpose
21.8.2 Duration:
rule/exception
21.8.3 Extension of contract
21.8.4 Standards - not
determined
21.8.5 Private school
teachers -- rule
24
Termination of Employment
22 General Concepts
22.1 Coverage
22.2 Security of tenure
22.2.1 Nature of
right/rationale
22.2.2 Coverage
23 Termination of employment By
employee
23.1 Resignation
24 Termination of employment by
employer
24.1 Substantive requirements -
25
just causes
24.1.1 Basis - management
prerogative
24.1.2 Serious
misconduct/willful
disobedience
(insubordination)
24.1.7 Others
24.1.7.1 Abandonment
24.1.7.2 Courtesy
26
resignation
24.1.7.3 Change of
ownership
24.1.7.4 Habitual
absenteeism
24.1.7.5 Fixed-term
employment
24.1.7.6 Past offenses
24.1.7.7 Immorality
24.1.7.8 Conviction of
SCRA 260 (1994)
crime
24.1.8 Constructive
dismissal
24.1.9 Transfer
24.1.10 Promotion
24.1.11 Preventive
suspension
27
24.4.3 Redundancy
24.5 Disease
25 Procedural requirements
25.1 In general
28
25.3 Notice
25.4 Hearing
25.8 Prescription
26 Reliefs/remedies in illegal dismissal
26.1 Reinstatement
26.1.1 Definition
26.1.2 Reinstatement
pending appeal
26.1.3 Exceptions
26.1.3.1 Closure of
business
29
26.1.3.3 Economic
business conditions
26.1.3.4 Employees'
unsuitability
26.1.3.5 Employees
retirement/overage
26.1.3.6 Strained
relations
November 5, 2009
26.1.3.7 Not Feasible
26.1.3. 8 Offer to
reinstate
26.2 Backwages
26.2.1Effect of failure to
order
26.2.2 Computation
30
26.6 Indemnity
26.7 Solidary liabilty of corporate
officers
27 Retirement
29 Concept
30 Definitions
30.1 Employer
30.2 Employee
30.3 Dependent
31
30.4 Beneficiaries
31 Coverage
33 Reporting requirements
35 Effect of non-remittance
36 Benefits
36.1.1 Manifestation
36.1.2 Permanent total
32
disability v. permanent
partial disability
36.1.3 Unknown cause
36.1.4 Occupational disease
36.2 Basis of claim
36.2.1 Basis - increased risks
36.2.2 Coming and going rule
37 Prescriptive period
33