UNIVERSITY OF SAN JOSE-

RECOLETOS
COURSE SYLLABUS
SCHOOL OF LAW

Course Title: LABOR LAW Instructor:

REVIEW
No. of Units: 2 Atty. Amando Virgil D.
Ligutan
Semester/ SY: 1st Semester/2019-
2020
Department/Tr (n/a)
ack:
Pre-requisites: Labor Law 1 & 2

I. COURSE DESCRIPTION AND OBJECTIVES

Learning Outcomes

Upon completion of this course, students will be able to:

Methodology

II. COURSE OUTLINE

Week/Session Topic
Week 1 I. Fundamental Principles and Policies
A. Constitutional Provisions
1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20
2. Article III, Secs. 1, 4, 7, 8, 10, 16, 18 (2)
3. Article XIII, Secs. 1, 2, 3, 13, 14
B. Civil Code
1. Article 19
2. Article 1700
3. Article 1702
C. Labor Code
1. Article 3
2. Article 4
3. Article 166
4. Article 211
5. Article 212
6. Article 255
7. Article 277
Week 2 II. Recruitment and Placement
A. Local Employment
B. Overseas Employment
1. Definition of Terms
2. Private Employment Agency [PEA] v. Private Recruitment
Agency [PRE]
3. Land-Based Overseas Workers v. Seafarers
C. Illegal Recruitment
1. Definition
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 2. License v. Authority
3. Types of Illegal Recruitment
a. Simple Illegal Recruitment
b. Illegal Recruitment Committed by a Syndicate
c. Illegal Recruitment in Large Scale
4. Illegal Recruitment v. Estafa
5. Liabilities
a. Local Recruitment Agency
b. Foreign Employers
i. Theory of Imputed Knowledge
c. Solidary Liability
6. Pre-termination of Contract of Migrant Workers
D. Direct Hiring
E. Suspension or Cancellation of License or Authority
F. Regulatory and Visitorial Powers of DOLE Secretary
G. Remittance of Foreign Exchange Earnings
H. Other Prohibited Activities
Week 3 III. Labor Standards
A. Coverage/Exclusions
1. Normal Hours of Work
a. Compressed Work Week
2. Meal break
3. Waiting Time
4. Overtime Work/Pay
5. Night Work (R.A. 10151); Night Differential
6. Part-time Work
7. Contract for Piece of Work
Week 4 B. Wages
1. Wage v. Salary
2. Minimum wage; Minimum wage setting
3. Minimum wage of workers paid by results
a. Workers paid by results
b. Apprentices
c. Learners
d. Persons with disability
4. Commissions
5. Deductions from wages
6. Non-diminution of benefits
7. Facilities v. Supplements
8. Wage distortion/rectification
9. Divisor to determine daily rate
C. Rest Periods
1. Weekly rest day
2. Emergency rest day
Week 5 D. Holiday pay/Premium pay
1. Coverage; exclusions
2. Teachers, piece workers, takay, seasonal workers, seafarers
E. Leaves
1. Service Incentive Leaves
2. Maternity Leave
3. Paternity Leave
4. Parental Leave (R.A. 8972)
5. Leave for VAWC victims (R.A. 9262)
6. Special Leave benefit for women
F. Service Charge
G. Thirteenth Month Pay
H. Separation Pay
I. Retirement Pay
Week 6 J. Women Workers
1. Provisions against discrimination
2. Stipulations against marriage
3. Prohibited Acts
4. Anti-Sexual Harassment Act, R.A. 7877
K. Employment of Minors
L. Househelpers
M. Homeworkers
N. Apprentices and Learners
O. Persons with Disability
1. Definition
2. Rights
3. Prohibition against Discrimination
4. Incentives
Week 6 IV Termination of Employment
A. Employer-Employee Relationship
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 1. Four-fold test
2. Kinds of employment
a. Probationary
b. Regular
c. Project employment
d. Seasonal
e. Casual
f. Fixed-term
3. Job contracting
a. Effects of Labor-only contracting
b. Trilateral relationship in job contracting
Week 7 B. Dismissal from employment
1. Just Causes
2. Authorized Causes
3. Due Process
a. Twin-notice requirement
b. Hearing; meaning of opportunity to be heard
C. Reliefs for Illegal Dismissal
1. Reinstatement
a. Pending appeal
b. Separation Pay in lieu of Reinstatement
2. Backwages
a. Computation
b. Limited Backwages
D. Preventive Suspension
E. Constructive Dismissal
Week 8 V Management Prerogative
A. Discipline
B. Transfer of Employees
C. Productivity Standard
D. Grant of Bonus
E. Change of Working Hours
F. Rules on Marriage between employees of competitor-employers
G. Post-employment ban
Week 9 VI Social Welfare and Legislation
A. SSS Law (R.A. No. 8282)
1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries
B. GSIS Law (R.A. No. 8291)
1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries
C. Limited Portability Law (R.A. No. 7699)
D. Employee’s compensation – coverage and when compensable
Week 10 VII. Labor Relations Law
A. Right to self-organization
1. Who may unionize for purposes of collective bargaining
a) Who cannot form, join or assist labor organizations
2. Bargaining unit
a) Test to determine the constituency of an appropriate
bargaining unit
b) Voluntary Recognition (REPEALED and REPLACED by
SEBA (Sole and Exclusive Bargaining Agent) Certification
c) Certification election
i. In an unorganized establishment
ii. In an organized establishment
d) Run-off election
i. Requirements
e) Re-run election
f) Consent election
g) Affiliation and disaffiliation of the local union from the
mother union
i. Substitutionary doctrine
h) Union dues and special assessments
i. Requirements for validity
i) Agency fees
i. Requisites for assessment
Week 11 B. Right to collective bargaining
1. Duty to bargain collectively
a) When there is absence of a CBA
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 b) When there is a CBA
2. Collective Bargaining Agreement
a) Mandatory Provisions of CBA
i. Grievance procedure
ii. Voluntary arbitration
iii. No strike-no lockout clause
iv. Labor management council
b) Duration
i. For economic provisions
ii. For non-economic provisions
iii. Freedom period
3. Union Security
a) Union security clauses; closed shop, union shop,
maintenance of membership shop
b) Check-off; union dues, agency fees
4. Unfair Labor Practice in collective bargaining
a) Bargaining in bad faith
b) Refusal to bargain
c) Individual bargaining
d) Blue sky bargaining
e) Surface bargaining
5. Unfair Labor Practice
a) Nature of ULP
b) ULP of employers
c) ULP of labor organizations
Week 12 C. Right to peaceful concerted activities
1. Forms of concerted activities
2. Who may declare a strike or lockout
3. Requisites for a valid strike
4. Requisites for a valid lockout
5. Requisites for lawful picketing
6. Assumption of Jurisdiction by SOLE/Certification to NLRC for
compulsory arbitration
7. Nature of assumption order or certification order
8. Effect of defiance of assumption or certification orders
9. Illegal strike
a) Liability of union officers
b) Liability of ordinary workers
c) Liability of employer
d) Waiver of illegality of strike
10. Injunctions
a) Requisites for labor injunctions
b) Innocent Bystander Rule

III. REFERENCES AND OTHER MATERIALS

Principal
References:

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Topical Required Readings/Assignments
Referen
ce
I.A.1  Espina v. Zamora, G.R. No. 143855, September 21, 2010
 Manila Water v. Del Rosario, G.R. No. 188747, January
29, 2014
 Philippine Telegraph v. NLRC, G.R. No. 118978, May 23,
1997
 Wesleyan University v. Faculty, G.R. No. 181806, March
12, 2014
 Serrano v. Gallant Maritime, G.R. No. 167614, March 24,
2009
 Rosario v. Victory Ricemill, G.R. No. 147572, February
19, 2003
I.A.2  Sameer Overseas v. Cabiles, G.R. No. 170139, August 5,
2014
 Tongko v. Manulife, G.R. No. 167622, November 7, 2008
 Serrano v. NLRC, G.R. No. 117040, January 27, 2000
 Agabon v. NLRC, G.R. No. 158693, November 17, 2004
 De Jesus v. Hon. Aquino, G.R. No. 164662, February 18,
2013
 Abbott v. Alcaraz, G.R. No. 192571, July 23, 2013
 Duncan v. Glaxo, G.R. No. 162994, September 17, 2004
 Yrasuegui v. PAL, G.R. No. 168081, October 17, 2008
 Opinaldo v. Ravina, G.R. No. 196573, October 16, 2013
 Phimco Industries v. PILA, G.R. No. 170830, August 11,
2010
 BPI v. BPI Employees, G.R. No. 164301, August 10, 2010
 Pryce Corp. v. Chinabank, G.R. No. 172302, February 18,
2014
 Abella v. NLRC, G.R. No. 71813, July 20, 1987
 Goya v. Goya Employees, G.R. No. 170054, January 21,
2013
 Imbong v. Ochoa, G.R. No. 204819, April 8, 2014
I.A.3  International School v. Quisumbing, G.R. No. 128845,
June 1, 2000
 See: Serrano v. Gallant Maritime, G.R. No. 167614,
March 24, 2009
 Canuel v. Magsaysay Maritime, G.R. No. 190161,
October 13, 2014
 Asia Brewery v. TPMA, G.R. Nos. 171594-96, September
18, 2013
I.B.1  Dongon v. Rapid Movers, G.R. No. 163431, August 28,
2013
 Cirtex Employees v. Cirtex, G.R. No. 190515, November
15, 2010
 PNCC Traffic v. PNCC, G.R. No. 171231, February 17,
2010
 Magis Center v. Manalo, G.R. No. 178835, February 13,
2009
I.C.1  Moresco v. Cagalawan, G.R. No. 175170, September 5,
2012
 PAL v. PALEA, G.R. No. 85985, August 13, 1993
II.A  Art. 25, Labor Code
 Revised Rules and Regulations Governing Private
Recruitment and Placement Agency for Local
Employment [2014] 5/6
II.B.1  R.A. 8042 as amended by R.A. 10022
 Rule II- Omnibus Rules and Regulations Implementing
DOLE D.O. No. 183 Series of 2017- Revised Rules on the Administration and
Enforcement of Labor Laws Pursuant to Article 128 of the Labor Code, as renumbered

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