TOPIC 1: Applicable laws: (PD 442 as amended)(WEEK 1)
Aids Prevention)
a. Concept of labor
b. 4 systems of labor
c. 3 Fields of labor law
d. Omnibus Rules as amended by DO 40-I-15, s. 2015 & DOLE Dept.
Advisory No. 01, S. 2015
e. Supreme Court Decisions (Art. 8 Civil Code)
f. Basis & Limitations in the enactment of labor laws;
g. Sources of Labor laws
h. Effectivity (Art. 5; Art. 2, Civil Code; E.O 292)
i. Rule on the Implementation and interpretation of labor laws (Art. 4);
Art 1700 (Relation between Capital and Labor); Art. 1701 and 1702,
CC
j. Principle of non-oppression
k. Tripartism in decision making and policy making bodies of
government (Art. 290 (275) as amended by RA No. 10395);
l. Creation of national Tripartite Industrial Peace Council and Tripartite
Industrial Peace Council at the regional or industry level (DOLE DO
No. 140-14, S. 2014 published 10/26/2014)
TOPIC 2: Explain the concept of employer-employee relationship, and
distinguish it from other contractual relationship (WEEK 1)
a. Constitutional and Statutory Rights of Workers
b. Aspects of Labor Standards
c. Purposes and sources
d. Concept of Employer employee
e. Four fold test in determining EE relationship
f. Principal and Agent
g. Principal & Individual Independent Contractor (Free Artisan)
h. Chief characteristics of an employee
TOPIC 3: Define the nature, scope and prerogative of an employer in
hiring employees, and enumerate the restrictions on the prerogative.
(WEEK 1-2)
a. Nature: Right or Prerogative?
b. Legal Limitations / Prohibitions Prior to Hiring
a. Labor Code – Arts. 134, 136,137, 139 & 259, 248
c. Special Laws: Sec. 12 & 14 of RA 7610as amended by RA 7658&
RA 9231 (worst forms of child labor);
DO 65-04 S 2004; and DOLE DO NO. 149, S. 2016 (Guidelines in Assessing
and determining Hazardous Work in Employment of Persons Below 18 years
of age (see D.O NO. 4, S. 1999 & DOLE Memo Cir. No. 2, S. 1998)
d. RA 7877 (Anti-Sexual Harassment Act)
e. Sec 35 RA 8504 (Phil.
f. Sec. 32, Title 3, Chap. 1, RA 7277 (Magna Carta for Disabled
Person)
g. Section 55.4, RA 8791(Gen. Banking laws of 2000);
h. RA 10354, Section 32c (Responsible Parenthood and Reproductive
Health Act of 2012)
Others
a. Art 1703 Civil Code (Involuntary Servitude)
b. See also Art 272 RPC (Slavery);
c. Article 273 RPC (Exploitation of Child Labor);
d. Article 274 (Services rendered under compulsion in payment
of debts & article 278 (Exploitation of Minors);
e. RA 9208 (Anti-Trafficking of Persons Act of 2003)
f. “Forced Labor”
TOPIC 4: Explain the obligation of the employer to compensate
employees for labor rendered, and identify and describe the various
agencies involved in the fixing of employees’ wages, including
resolution of wage distortion issues(WEEK 2-3)
a. Wage and Salary Concept (Article 98)
b. Distinction/s;
c. Principles of “Fair day’s labor wage for a day’s labor” & “Equal pay
for equal work”;
d. Facilities vs. Supplement;
e. “Benefits” and “Allowances”;
f. Revised Guidelines on the conduct of Facility Evaluation( DOLE DO
126-13 Dated April 1 2013);
g. Worker’s Lien (Article 1707 NCC);
h. Exemption from execution or attachment (Article 1708 NCC);
i. Also Article 1709 NCC;
j. Methods of fixing compensation (Article 98);
k. RA 6727 (Wage Rationalization Act);
l. Policies of the State; Government Agencies involved;
m. Composition;
n. prohibition against Injunction (Article 126 RA 6727);
o. NWPC Guidelines No. 001-95 (Revised Rules of Procedure on
Minimum Wage-Fixing; Concepts: Basic Wage);
p. Wage Order
q. Basic Wage
r. Revised Guidelines on the Contract of Time & Motion Studies (DOLE
DO 125-13 Dated April 1 2013);
s. Purpose of Minimum Wage;
t. Advantage and Disadvantage;
u. Employer’s Right to a Living Wage vs. Right of Employer to
Reasonable Return on Investment;
v. Power to issue Wage Orders & Nature of power;
w. Two(2) methods in determining wages;
x. Appeal procedure;
y. Non-Diminution of Benefits (Article 127, RA 6727);
z. Wage orders applicable in Cebu, Mandaue, &Lapu-Lapu Cities
aa. 2014 DOLE Handbook on Worker’s Statutory Monetary Benefits
bb. NWPC Guidelines No. 02, S. 2007 (Amended Rules on Exemption
from Compliance with Prescribed Wage Increases/Cost of Living
Allowances Granted by the RTWPB, as further amended by NWPC
Resolution No. 1, S. 2014, dated 3/31/2014)
cc. Exemption under Labor Code (Article 98); RA 9178 (Barangay Micro
Business Enterprises Act of 2002)& Barangay RA 10644 (Go
Negosyo Act)
dd. Power to issue Rules on Exemption and Power to grant exemption
from the Wage orders;
ee. Appellate procedure
ff. Wage Distortion;
gg. Concept(Article 124) & Elements;
hh. Methods of Resolving Wage Distortion (Unorganized/ Organized
establishments);
ii. Jurisdiction over wage distortion disputes (Compulsory Arbitration &
Appeal Procedure);
jj. Special civil action (Rule 65, 1997 Rules of Civil Procedure);
kk. Petition for Review; (Rule 43 & Rule 45, 1997 Rules of Civil
Procedure)
TOPIC 4.A: Violation of Wage Order. Identify the nature and extent
of liability of an employer who fails to comply with existing wage
orders(WEEK 2-3)
a. Double Indemnity and Imprisonment (Sec. 12, RA 6727, as amended
by RA 8188)
b. DOLE D.O No. 10, S. 1998 (Guidelines on the imposition of double
indemnity for non-compliance with the prescribed increases or
adjustment in Wage Rates)
c. Jurisdiction
d. Regular Courts (RA 7691)
e. Regional Director (Arts. 128 & 129)
f. Labor Arbiter (Art. 217
TOPIC 5: Compare and explain the two enforcement tools in the
enforecemnt and recovery of wages, including the legal remedies
available (WEEK 3-4)
Wage Enforcement & Recovery
(Primary Framework to Ensure Compliance with Labor Laws)
a. Visitorial & Enforcement Power (Art. 128, as amended by RA 7730)
b. Jurisdictional Requisites, Scope and Limitations
c. Money Claims
d. Jurisdiction (Art. 129 & 224 (217))
e. 2011 NLRC Rules of Procedure as amended
f. Appeal Procedure & Legal Remedies
g. Enforcement Power on Health/Safety of workers (Art. 128 ©),
distinguish from Bona fide suspension of operations (Art. 301 (286)
h. DOLE/BWC’s Occupational Health and Safety Standards, as
amended
i. DOLE Dept. Cir. No. 3, S. 2009, Guidelines on the Procedure for
Closure of Business under RA 9231, dated October 22, 2009
Other Important Provisions:
a. Anti-Injunction (Art 128. (d)
b. Maintenance of Employment Records, Place and Preservation of
Records (Art. 128 (f)
c. Sec. 6,11 & 12 Rule X, Omnibus Rules
d. DOLE DO No. 131-13 dated July 19, 2013 (Rules on Labor Laws
Compliance System)
e. DOLE DO No. 131-A-14, S. 2014 (Guidelines in the Conduct of
Special Assessment or Visit of Establishments (SAVE) dated July
30, 2014
TOPIC 6: Identify the various labor standard protection extended to
workers as regards payment of their wages, and explain the exceptions
thereto(WEEK 3-4)
Wage Protection Provisions & Prohibitions Regarding Wages
a. (Non-Interference in disposal of wages (Art 112);
b. DOLE Labor Advisory No 11, S. 2014 dated September 3, 2014
c. see also Art 288, RPC;
d. Wage Deduction (Arts 113 & 114);
e. see also Phil Cooperative Code 2008 (RA 9520 amending RA 6938,
Chap. V, Art, 58);
f. Deposits for loss/Damage (Art 115);
g. Withholding Kickbacks (Art 116);
h. Deduction to ensure employment (Art 117);
i. Retaliatory Measures (Art 118);
 j. False Reporting (Art119); n. Methods of Fixing Compensation (Art 97 (f); 2014 DOLE Handbook
k. Withholding of Wages (Arts 1705-1709 NCC); on Worker’s Statutory Monetary Benefits (see DOLE Dept. Advisory
l. Principle of “Non-diminution of Benefits” (Art 100; Art 127, Labor No 1, S 2010 (Guidelines in the computation of Estimated Equivalent
Code) Monthly Rates of Monthly-Paid and Daily-Paid Employees)

TOPIC 7: Identify and explain the form, place and payment of wages TOPIC 9: Identify and define the minimum employment benefits
authorized by law, and applicable rules and regulations (WEEK 4-5) applicable, including the scope and exceptions (WEEK 8-10)

Payment of Wages Minimum Labor Standard Benefits

a. (Form: Legal Tender (Art 102) see also Art 1705, Civil Code & Art
288 RPC; a. (Employees Exempt Overtime Work (Art 87);
b. Exceptions: Place(Art 104); b. Rule;
c. Exceptions; RA 6727- Payment through banks; c. Exceptions (Art 89)
d. DOLE Labor advisory on payment of salaries through ATM, S 1996; d. “Day”; Meaning;
e. Payee (Art 105); e. Actual work;
Exceptions; f. Undertime not offset by overtime (Art 88);
f. Exceptions Time/Frequency of Payment (Art 103); g. analogous cases;
See also DOLE Labor Advisory NO. 01, S. 2014 dated March 26, 2014 for h. Premium Pay;
Contracting Arrangement Time & Interval of Payment of Wages i. Concept;
j. Overtime Pay;
TOPIC 8: Relate the minimum conditions of employment prescribed by k. Waiver of Overtime;
law, and various rules and regulations, including hours of work, and the l. Rule;
scope and limitations therein (WEEK 5-7) m. Exception;
n. Service Incentive Leave (Art 95);
o. Holiday Pay (Art 94);
Conditions of Employment p. Special Day and Regular Holiday;
q. Power to Fix Holidays (EO No292, Chap 7, Sec 26, as amended by
(Hours of work: Normal Hours of Work (Art 83); RA 9177);
Other Hours of Work: r. Effect of absences on holiday pay;
s. Effect in business closure on holiday pay
a. Children (RA 9231; DO 65-04 S. 2004); t. holiday pay of certain types of employees;
b. Domestic worker (RA 10361, Domestic Workers Act or Batas u. rule on successive regular holidays;
Kasambahay) v. regular Muslim holidays;
c. Hours Worked; w. Night Shift Differential Pay (Art 86);
d. Meaning (Art 84); x. Service Charges (Art 96)
e. Keeping of Time Records;
f. Entries, Executives & Workers Paid by Results (Rule X, Sec 7, 9 TOPIC 10: Identify and explain the other labor related benefits provided
&10, Omnibus Rules); by existing special laws, including their relevance to employment
g. Rest Periods; (WEEK 10-12)
h. Meal Period (Art 85); Shortened meal period;
i. “Coffee” Break; Workweek: Other Special Benefits
j. Normal & Compressed(DOLE Dept. Advisory No. 2, S. 2004); a. (13th month pay (PD 851, as amended);
k. DOLE Department Advisory No. 2 S 2009 (Guidelines on the b. Paternity Leave Act (RA 8187) & Revised Implementing Rules, S
Adoption of Flexible Work Arrangements); 1996;
l. Health Personnel (Art 83); c. Domestic Adoption Act of 1998 (RA 8552, Sec 12 IRR, Art VI Sect
m. Weekly Rest day (Art 91); 34);
 d. New Retirement Law (Art 302(287), as amended by RA 7641, and
further amended by RA 8588); and further amended by RA 10757
(Surface Mine Workers), published on April 12, 2016 and RA 10789,
adding new Art.302-A, (Racehorse Jockey), published on May 9,
2016
e. 1996 Labor Advisory on Retirement Pay Law;
f. Art 132 (Special Occupations);
g. Solo Parents Welfare Act (RA 8972) & 2002 IRR;
h. Anti-Violence Against Women and their Children’s Act of 2004 (RA
9262) & Sec 42, Rule VI, IRR;
i. Magna Carta of Women (RA 9710) & IRR (Phil Commission on
Women, Board Res No 1 S 2010);
j. DOLE DO 112-A S 2012 (Amending Guidelines on the
implementation of special leave benefit for women employees in the
private sector;
k. Expanded Breastfeeding Promotion Act of 2009 ( RA 10028, Sec 12,
See IRR Dated August 22, 2011 on Employment of Nursing
Employees)
l. See also DOLE Dept. Cir. No. 3, S. 2009, Guidelines on the
Procedure for Closure of Business under RA 9231, dated October
22, 2009 on Employment of Nursing Employees
TOPIC 11: Describe the office of the arbitration branch of NLRC and
appellate jurisdiction in the adjudication of money claims( WEEK 12)
Jurisdiction of the Labor Arbiter
a. original and exclusive;
b. Labor Arbiter (Art 217);
c. concurrent jurisdiction of other agencies:
a. Art 129 (DOLE Reg Director);
b. Arts 274 & 275 (Voluntary Arbitrator);
c. Art 278 (g) (DOLE Secretary.);
d. see also jurisdiction of regular courts (RA 7691);
e. labor dispute (Art 219 (i)) & civil dispute & intra-corporate disputes
(securities Regulation Code (RA 8799))
TOPIC 12: Apply the existing process and procedure in the initiation
and prosecution of money claims, and assist workers in the recovery of
their lawful claims. (WEEK 13)
a. 2011 NLRC Rules of Procedure, as amended by NLRC En Banc
Res. No. 11-12, S 2012PAGE 251, and further amended by the
NLRC En Banc Res. No 05-14, S 2014, published on May 30, 2014
(compulsory arbitration; distinguished from voluntary arbitration;
b. agencies of government exercising compulsory arbitration:
c. DOLE regional offices (Arts 128 & 129; Arts 268-269);
d. DOLE Secretary, Bureau of Labor Relations (Arts 232), and National
Labor Relations Commission and its arbitration branches (Art. 224 &
225); see RA No. 10396 (Strengthening Conciliation-Mediation as a
Voluntary Mode of Dispute Settlement for all Labor Cases, amending
Art. 234(228)
e. Labor Code and IRR under DOLE DO No 151-16,S. 2016 (see DOLE
D.O No. 107-10, S. 2010 (Guidelines on the Single-Entry Approach
Prescribing a 30 Day Mandatory Conciliation-Mediation Services for
all Labor and Employment agencies) and DOLE Rules of Procedure
of the Single Entry Approach, dated Feb. 25, 2011;
f. Complaint: Cause of Action/s
g. Real parties-in-interest; amendment of complaint
h. Certificate of non-forum shopping
i. Venue & jurisdiction (Art. 129 & 224)
j. Money claims of OFW (RA 8042,as amended by RA 9422 & RA
10022)
k. Service of summons;natural and juridical persons
l. Mode of service of notices, resolution, order or decision
m. Raffle & assignment of cases
n. Appearances of lawyers & non-lawyers (Art. 228;
o. PTR
p. IBP
q. MCLE
r. Permissible grounds to dismiss complaint
s. Prohibited pleadings & motions
t. Mandatory conciliation & mediation conference
u. Concept and purpose
v. Other matters to be threshed out
w. Effect of non-appearance of parties
x. Waiver of right to file position paper & lifting of order of waiver
y. When allowed and under what conditions
z. Compromise before Regional Director ( Art. 233 & Labor Arbiter)
aa. Art. 2028, Civil Code, and judgment based on compromise
bb. Res judicata
cc. simultaneous filing of position paper;
dd. and contents of position paper;
ee. reply position paper & contents;
ff. period to file;
gg. quantum of evidence & burden of proof;
hh. technical rules of procedure (Art 227);
ii. conduct of hearing or clarificatory conference;
jj. effect of non-appearance of party;
kk. when case submitted for decision;
ll. Inhibition; Procedure & Remedy;
mm. Contempt; Procedure & Remedy;
nn. Appeal Procedure (Art 229); frivolous or dilatory appeals;
oo. NLRC En Banc Res No 14-13, S 2013 (Schedule of Fees & Charges
pp. See also Schedule of Legal Fees ( NLRC En Banc Res. No. 19-11,
S. 2011)
qq. Exemption of complainants under NLRC En Banc Res. No. 04-14, S.
2014 from certain Filing Fees
rr. Requisites to Perfect Appeal
ss. Prohibited Appeals
tt. Interlocutory Order & Final Order
uu. NLRC; composition (RA 9347, rationalizing the composition &
function of the NLRC
vv. See former EO No. 204, S. 2003 Administrative Supervision of
Secretary of Labor, revoking EO No. 185, S. 2003
ww. NLRC: En Banc & Division;Powers & Functions: Finality & Labor
Arbiter’s decision; Issuance of ceritifcate of finality
xx. Execution of Judgment (see 2012 NLRC Sheriff’s Manual on
Execution of Judgment, NLRC En Banc Res. 10-12, Series of 2012
yy. Pre-execution conference; issuance of writ & quashal of writ of
execution
zz. Third party claims; when allowed & effect on proceedings
aaa. Extraordinary Remedies from order or resolution of Labor
Arbiter
bbb. Grounds; Prescribed Reglementary Period
ccc.Appellate Remedies
ddd. Special Civil Action (Rule 65, 1997 Rules of Civil Procedure)
eee. And Petition for Review on Certiorari (Rule 45, 1997 Rules of
Civil Procedure)
TOPIC 13: Describe the law applicable to contracting arrangements, its j. Sec 133 (Concurrence & Preference of Credits) RA 10142
rules and regulations. Ascertain the right off workers in case (FRIA of 2010)
insolvency of the employer. Determine the nature and scope of
compensation for the services of counsel (WEEK 14-16) c. Attorney’s Fees & Appearance of Lawyers
a. (Unlawful & Lawful Withholding of wages;
B. Other Important Labor Provisions b. Concept (Art 111);
a. Contracting Arrangement: c. Attorney’s fee;
a. (Arts. 106-109; “trilateral relationship” d. two (2) concepts;
b. “job contracting” vs. “Labor-only” contracting; e. Appearance and fees (Art 222);
c. scope&nature of liability of principal & contractor & duties f. see 2011 NLRC Rules of Procedure, as amended;
and obligations; g. award of attorney’s fees; limitations (Art 2208 NCC)
d. rights of contractual employees;
e. individual Independent contractor TOPIC 14: Identify and explain the various types of employment
f. ; DO No 18-A, S 2011 dated November 14 2011; engagements with their corresponding protective labor standards
g. Wage increases; provisions (WEEK 15-17)
h. legislated& contractual;
i. effect on principal & contractor’s liability (RA 6727); Miscellaneous Provisions
j. Employment of Workers in the Construction Industry (DO a. Special types of Workers
19, s. 2013 a. (apprentice, learner & handicapped workers(Arts 57-81)
k. Employment of Security Guards and Other Private b. qualifications;
Security Personnel (DO 150-16, S. 2016- Revised c. importance;
Guidelines Governing the Employment and Working d. nature;
Conditions of Security and other Private Security e. qualified employers;
Personnel in the Private Security Industry, published April f. approval of DOLE;
14, 2016) g. incentives of employer;
l. RA 5498 (Private Security Agency Law); h. duration;
m. DOLE DO Circ No 1, S 2007, Clarifying the Applicability of i. wage rates;
DO No 18-02 to Cooperatives; j. hours of work/overtime;
n. DOLE Department Circular No.1, S. 2012, Clarifying the k. enforcement of agreement;
Applicability of DO 18-A to BPO, KPO & Construction l. RA 7796 (TESDA ACT of 1994) & RA 7686 (Dual training
Industry) system Act of 1994;
o. see also DOLE Labor Advisory No. 01, S. 2014 dated m. RA 7277 (Magna Carta for Disabled Persons; Incentives of
March 26, 2014 for Contracting Arrangement Time & Employer)
Interval of Payment of Wages
b. Employment of Women
b. Worker’s Preference
a. (scope (Art 110); a. (Sec 14, Art II Constitution & Sect 14 Art XIII;
b. unpaid wages and other monetary benefits; b. Facilities for women (Art 132);-
c. preference of credit vs. lien; c. maternity leave benefits (Art 133) see also Social Security
d. nature of preference; Act of 1997(RA 8282);
e. bankruptcy or liquidation proceedings; d. family planning services (Art. 134);
f. effect of corporate rehabilitation on pending actions (RA e. Prohibited Discrimination(Art 135);
8799); f. also Art. 248 (Union membership);
g. scope of stay order; g. Criminal liability;
h. effect of stay order on proceedings and reinstatement; h. Prohibited Acts (Art 137);
i. Worker’s Lien (Art. 1707, Civil Code); i. women working in nightclub, etc. (Art 138);
 j. Anti-violence Against Women and their Children’s Act of l. Criminal liability of Employer
2004 (RA 9262);
k. Other special laws, e. Employment of Children
i. e.g. RA 6727; a. (Arts 139-140;
ii. RA 6955; b. Special Protection of Children Against Child Abuse,
iii. RA 7192; Exploitation and Discrimination Act( RA9231, amending
iv. RA 7322; RA 7610, as amended);
v. RA 7877 & RA 8042; c. Child Labor;
vi. Magna Carta of Women (RA 9710) & IRR (Phil d. DO No 65-04, S. 2004 (Worst Forms of Child Labor);
commission on Women, Board Res. No. 1. S. e. Anti-Trafficking in Persons Act of 2003 (RA 9208) on
2010); “forced labor and slavery”;
vii. see DOLE DO No 112-A, S. 2012 (Amending f. see also Revised Penal Code: Art 272 (Slavery);
Guidelines on the implementation of special g. Art 273 (Exploitation of child labor);
leave benefit for women employees in the h. Art 274 (services rendered under compulsion in payment
private sector) of debts);
i. Art 278 (Exploitation of Minors)
c. Employment of Nursing Employees
a. (RA 10028(Expanded Breastfeeding Promotion Act of f. Employment of Domestic Workers
2009); a. Art. 139-150 (Domestic workers Act or Batas
b. see IRR, dated August 22, 2011 on Employment of Kasambahay);
Nursing Employees; b. IRR dated May 9, 2013;
c. Coverage (Sec 7, Rule III); c. Coverage; Terms;
d. Nursing Employee; d. Domestic worker;
e. Definition (Sec 5, Rule II); e. domestic work;
f. Exception from DOLE; f. employer;
g. Grounds (Sec. 8, Rule III (Lactation (Breastfeeding) g. household;
Station; h. live-out arrangement;
h. Break interval; i. deployment expenses;
i. Regular Time-Off for Meals; j. private employment agency;
j. Workplace Policy (Sec 9); k. working children;
k. Access to Breastfeeding Information; l. employment contract;
l. Administrative sanctions (Section 32, Rule IX) m. renewal of contract;
n. rights of Kasambahay;
d. Employment of Night Workers o. minimum wage;
a. New Arts. 154-161; (see IRR (DOLE DO no 119-12 S p. mode of payment;
2012 dated January 20 2012); q. frequency of payment;
b. Coverage & Exclusion; r. daily rest period;
c. Night worker; s. weekly rest period;
d. Concept; t. service incentive leave;
e. Health Assessment; u. 13th month pay;
f. Mandatory Facilities; v. SS benefits;
g. Transfer; w. loan assistance;
h. Compensation; x. deductions for loans;
i. Social Services; y. standard of treatment;
j. Night Work Schedules; z. board, lodging and medical assistance;
k. Violations; aa. privacy;
 bb. access to outside communication; i.
cc. education and training opportunities;
dd. membership in labor organization;
ee. rights and obligations of employer;
ff. pay slip;
gg. registration and enrollment to SSS, Philhealth and Pag-
Ibig;
hh. withholding of wages;
ii. interference in disposal of wages;
jj. deductions for loss or damage;
kk. deposit for loss;
ll. privileged communication;
mm. debt bondage;
nn. assignment to non-household work; j.
oo. extent of duty outside the household;
pp. health and safety;
qq. post-employment; settlement of labor-related disputes
g. Deployment of Homeworkers
a. (Arts 151-153; DO No 5 S. 1992 (Industrial Homeworkers);
b. Processing( manufacturing, fabricating, finishing, repairing,
altering, packing, wrapping;
c. production of article or material);
d. exemption from minimum wage (Art 98) if engaged in
needlework;
e. Right to form organization;
f. method of payment based on standard output rate or
standard minimum rate (Time & motion studies); k. Employment of Senior Citizens
g. Prohibition: explosive, fireworks;drugs, poison etc.
h. Employment of Non-Resident Aliens
a. (Arts 40 to 42; l.
b. trade union activities;
c. regulation of foreign assistance (Art. 270);
d. Revised Rules for Issuance of Employment Permits to
Foreign Nationals DO No 97-09 S 2009, effective Sept 29,
2009;
e. DOLE Memorandum Circ. No 04S 2009 (Special Visa for
Employment Generation (EO No 758));
f. See DOJ Memo Cir No RAD-JR-11-007 (Revised
Implementing Rules & Regulations for EO 758, S, 208
Prescribing Guideline for Issuance of Special Visa to Non-
Immigrants for Employment Generation;
Employment of Students & Working Scholars
a. (working scholar under Omnibus Rules;
b. concept; RA 7323, S 1992 (Special Program for
Employment of Students during Summer & Christmas), as
amended by RA 9547, S 2009;
c. student trainee (EO No. 139 (Work Appreciation Program/
Youth Trainee);
d. RA 7796 (Tesda Act of 1994);
e. RA 7686 (Dual Training System Act of 1994);
f. CHED Memo Order No 23 S 2009 (Guidelines For Student
Internship Program in the Philippines for all programs with
practicum subjects)
Employment of Academic & Non-Academic Personnel in
Private Educational Institution
a. (Academic & Non-academic personnel (CHED
Memorandum Circular No 40, S 2008) Manual of
Regulations for Private Higher Education of 2008 &DepEd
Order no. 88, S 2010 (1010 Revised Manual of
Regulations for Private Schools in Basic Education);
b. DOLE-DECS-CHED-TESDA Order No 1 Series of 1996
(Classifying part time and full time teaching or academic
personnel)
c. DOLE-DECS-CHED-TESDA Order No 2, S. 1996 (normal
or regular teaching load and overload pay for teaching or
academic personnel)
a. (RA 9994) Expanded Senior Citizens Act of 2010); see
IRR, Rule V, Art 13, Secs 1-3
Employment of Drivers & Conductors in the Public Utility
Transport Industry
a. (DOLE DO 118-12, S 2012 dated January 13, 2012;
b. Employment Agreement (Sec 1, Rule II);
c. “Part Fixed & Part Performance Based” Compensation
(Rule III);
d. Fixed Wage;
e. Component;
f. Performance-Based;
g. Component;
h. Hours of Work;
i. Overtime;
j. Rest Period
TOPIC 15: Identify and describe the obligation of an employer to its j. ban on direct hiring (Art. 18; POEA Memo Circ No 4 S 2007
workers as regards the latter’s health and safety in the workplace & PEOA Memo Circ No 1 S 2008);
(WEEK 17) k. travel agencies;
l. definition of terms: Contract worker, name hire, manning
Medical, Dental & Occupational Safety agency;
a. (Arts 162-171 m. placement fee;
b. employment of physician/ nurse; n. migrant worker;
c. full-time/ part-time; o. gender sensitivity;
d. Art 161 (Assistance of Employer); p. overseas Filipinos;
e. claim for damages & jurisdiction; q. license& authority
f. Employee’s Compensation Act;
g. ECC Cir. No. 04-008, dated April 28, 2014 (Effectivity of
Coverage of Employees under the EC Program);
h. liability of state insurance fund;
i. Proscription against double recovery;
j. see civil liability of employer (Arts 1711-1712, NCC);
k. “Going & Coming Rule” & Proximity Rule;
l. “Bunkhouse Rule” (ECC Board Res. 12-01-02);
m. Personal Comfort Doctrine (ECC Board Res 15-04-15)
n. BWC’s Occupational Safety & Health Standards (Arts 162-
165)

TOPIC 16: Define the scope and nature of overseas employment and
explain the rights and benefits of overseas Filipino Workers (WEEK 18-
end)

Migrant Workers & Overseas Filipino Act of 1995, as Amended

a. (RA 8042 (Migrant Workers and Overseas Filipino Act of
1995), as amended by RA 9422, Sec 23 (b.1) and repealing
Sec 29 & 30 &further amended by RA 10022);
b. different from DOLE DO No. 141-14, S. 2014 (Revised Rules
& Regulation Governing Recruiting & Placement for Local
Employment)
c. Policies on overseas employment;
d. POEA Board Resolution No. 07, S. 2016 (Revised POEA
Rules and Regulations Governing Recruitment and
Employment of LandBased Overseas Workers, published
April 13, 2016)
e. deployment by local service contractor and manning
agencies;
f. government agencies involved (DFA, DOLE, POEA, OWWA,
LGU, DOH);
g. adjudicatory power;
h. recruitment and placement; meaning;
i. illegal recruitment, when committed in a large scale and by a
syndicate;