LABOR LAW BAR 2017 - SYLLABUS

2017 Labor Law Coverage

I. Fundamental Principles and Policies

Constitutional provisions
Article II, Secs. 9, 10, 11, 13, 14, 18, 20. : Labor
- Social Justice
Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2). : Rights
Available to Laborers
Article XIII, Secs. 1, 2, 3, 13, 14:

Civil Code

Article 19: Human Relations

Article 1700: Labor Contracts are impressed
Public Interest
Article 1702: Interpretation of labor contracts in
favor of labor
Labor Code
Article 3: Declaration of Policy on Labor
Standards
Article 4: Construction in favor of labor
Article 166: Declaration of Policy for Tax Exempt
Compensation for Work Related Disability
Article 211: Declaration of Policy on Labor
Relations
Article 212: Labor Relations Terms and
Definitions
Article 255: Bargaining representation and
workers' participation on policy making
Article 277: Miscellaneous Provisions of Labor
Code
II. Recruitment and Placement

Recruitment of local and migrant workers

Illegal recruitment (Sec. 5, R.A. No. 10022)

License vs. authority

Essential elements of illegal recruitment

Simple illegal recruitment

Illegal recruitment in large scale

Illegal recruitment as economic sabotage

Illegal recruitment vs. Estafa

Liabilities

Local recruitment agency

Foreign employer
 Theory of imputed knowledge

Solidary liability

Pre-termination of contract of migrant worker

Direct hiring
Personal liability of corporate officers for a
corporate act
Regulation and enforcement
Suspension or cancellation of license or
authority (Art. 35, Labor Code)
Regulatory and visitorial powers of the DOLE
secretary
Remittance of foreign exchange earnings

Prohibited activities

III. Labor Standards

Hours of work

Coverage/Exclusions (Art. 82, Labor Code)

Normal hours of work

Meal break

Waiting time

Overtime work, overtime pay

Night work (R.A. No. 10151), Night shift
differential
Part-time work

Contract for piece work (see Civil Code)

Compressed work week

Wages

Wage vs. salary

Minimum wage defined, Minimum wage setting

Minimum wage of workers paid by results

Workers paid by results

Forms of Payment

Apprentices

Learners

Persons with disability

Commissions
 Deductions from wages

Non-diminution of benefits

Facilities vs. supplements

Wage Distortion / Rectification

Divisor to determine daily rate

Rest Periods

Weekly rest day

Emergency rest day work

Holiday pay / Premium pay

Coverage, exclusions
Teachers, piece workers, takay, seasonal
workers, seafarers
Leaves

Service Incentive Leave

Maternity Leave

Paternity Leave

Parental Leave (R.A. No. 8972)

Leave for Victims of Violence against Women
and Children (R.A. No. 9262)
Special leave benefit for women

Service Charge

Thirteenth Month Pay

Separation Pay

Retirement Pay

Eligibility

Amount

Retirement benefits of workers paid by results

Retirement benefits of part-time workers

Taxability

Women Workers

Provisions against discrimination

Stipulation against marriage

Prohibited acts
 Anti-Sexual Harassment Act (R.A. No. 7877)
Employment of Minors (Labor Code and R.A.
No. 7678, R.A. No. 9231)
Househelpers (Labor Code as amended by
R.A. No. 7655, an Act Increasing the
Minimum Wage of Househelpers; see also
Household Service under the Civil Code)
Employment of Homeworkers

Apprentices and Learners

Persons with disability (R.A. No. 7277, as
amended by R.A. No. 9442)
Definition

Rights of persons with disability

Prohibition on discrimination against persons
with disability
Incentives for employers

IV. Termination of Employment

Employer-employee relationship

Four-fold test

Kinds of employment

Probationary

Regular

Project employment

Seasonal

Casual

Fixed-term

Job contracting

Article 106 to Article 109 of the Labor Code

Department Order No. 18-A

Department Circular No. 01-12

Effects of Labor-Only Contracting

Trilateral relationship in job contracting

Dismissal from employment

Just Causes

Authorized Causes

Due Process
 Twin-notice requirement

Hearing; meaning of opportunity to be heard

Reliefs for Illegal Dismissal

Reinstatement

Pending appeal (Art. 223, Labor Code)

Separation pay in lieu of reinstatement

Backwages

Computation

Limited backwages

Preventive Suspension

Constructive Dismissal

Management Prerogative

Discipline

Transfer of employees

Productivity standard

Grant of bonus

Change of working hours

Rules on Marriage between employees of
competitor-employers
Post-employment ban

VI. Social and Welfare Legislation (P.D. 626)

SSS Law (R.A. No. 8282)

Coverage

Exclusions from coverage

Benefits

Beneficiaries

Liability of employer

GSIS Law (R.A. No. 8291)

Coverage

Exclusions from coverage

Benefits

Beneficiaries
 Limited Portability Law (R.A. No. 7699)
Employees compensation coverage and
when compensable
VII. Labor Relations Law

Right to self-organization
Who may unionize for purposes of collective
bargaining
Who cannot form, join or assist labor
organizations
Bargaining unit
Test to determine the constituency of an
appropriate bargaining unit
Voluntary recognition

Requirements

Certification election

In an unorganized establishment

In an organized establishment

Run-off election

Requirements

Re-run election

Consent election
Affiliation and disaffiliation of the local union
from the mother union
Substitutionary doctrine

Union dues and special assessments

Requirements for validity

Agency fees

Requisites for assessment

Right to collective bargaining

Duty to bargain collectively

When there is absence of a CBA

When there is a CBA

Collective Bargaining Agreement (CBA)

Mandatory provisions of CBA

Grievance procedure

Voluntary arbitration
 No strike-no lockout clause

Labor management council

Duration

For economic provisions

For non-economic provisions

Freedom period

Union Security
Union security clauses; closed shop, union
shop, maintenance of membership shop, etc.
Check-off; union dues, agency fees

Unfair Labor Practice in collective bargaining

Bargaining in bad faith

Refusal to bargain

Individual bargaining

Blue sky bargaining

Surface bargaining

Unfair Labor Practice (ULP)

Nature of ULP

ULP of employers

ULP of labor organizations

Equity of the incumbent

Right to peaceful concerted activities

Forms of concerted activities

Who may declare a strike or lockout?

Requisites for a valid strike

Requisites for a valid lockout

Requisites for lawful picketing

Assumption of jurisdiction by the DOLE
Secretary or Certification of the labor dispute to
the NLRC for compulsory arbitration
Nature of assumption order or certification order
Effect of defiance of assumption or certification
orders
Illegal strike
 Liability of union officers

Liability of ordinary workers

Liability of employer

Waiver of illegality of strike

Injunctions

Requisites for labor injunctions

Innocent bystander rule

VIII. Procedure and Jurisdiction

Labor Arbiter

Jurisdiction

versus Regional Director

Reinstatement pending appeal

Requirements to perfect appeal to NLRC

National Labor Relations Commission
(NLRC)
Jurisdiction
Effect of NLRC reversal of Labor Arbiters order
of reinstatement
Remedies

Certified cases

Appeal bond

Bureau of Labor Relations Med-Arbiters

Jurisdiction (original and appellate)

National Conciliation and Mediation Board

Nature of proceedings

Conciliation vs. Mediation

Preventive mediation

DOLE Regional Directors

Jurisdiction

DOLE Secretary

Visitorial and enforcement powers

Power to suspend effects of termination

Assumption of jurisdiction
 Appellate jurisdiction

Voluntary arbitration powers

Grievance Machinery and Voluntary
Arbitration
Subject matter of grievance

Voluntary Arbitrator

Jurisdiction

Procedure

Remedies

Court of Appeals

Rule 65, Rules of Court

Supreme Court

Rule 45, Rules of Court

Prescription of actions

NOTE: TOPICS NOT IN OUTLINE

Grounds for cancellation of Union
Registration
Non-compete clause

Substitutionary doctrine of CBA

Rules on Evidence vis--vis NLRC
proceedings
When employment deemed not terminated
(Art. 285)
Child/Underage employment

Article 279, Security of Tenure

Validity of Compliance Order issued by the
Regional Director after inspection
Requisites for a valid quitclaim

Violation of freedom of speech