REVIEWER IN LABOR LAW I. GENERAL CONCEPTS A. DEFINITION 1. LABOR 2.

. LABOR LAW is that body of statutes , rules and doctrines that defines state policies on labor and employment and govern the rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefore, or by establishing a legal framework within which better terms and conditions of work could be obtained through collective bargaining or other concerted activity. 3. LABOR STANDARDS prescribe the demarcations in terms and conditions of employment and are essentially substantive, their purpose is even protective. Serves as bases of the rights and duties of workers and employees. Ex: COLA, 13th month pay, conditions of employment

prescribed by labor standard law. Provides the procedures that govern the method by which terms and conditions of work over and above as set by labor standards are obtained. They are hardly procedural in character. Ex: CBA

5. SOCIAL LEGISLATION body of rules and statutes aimed at promoting the general welfare of the people with special reference to labor. Ex: SSS GSIS Law, Medicare Act etc.. DIFFERENCES BETWEEN LABOR LAW AND SOCIAL LAW AS TO THE OBJECT: LABOR LAW seeks to improve the well-being of labor in particular SOCIAL LAW aims to promote the welfare of society in general. AS TO THE SUBJECT MATTER LABOR LAW deals n subject proximate and direct interest workers SOCIAL LAW treats matters of remote interest workers.

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4. LABOR RELATIONS sets the legal parameters whereby workers may undertake concerted activities to secure better conditions of employment than those

AS TO APPLICATION LABOR LAW provides benefits to workers actively employed. SOCIAL LAW concerned those whose employment is interrupted by sickness, disability, death etc

SOCIAL JUSTICE is neither communism nor despotism nor atomism not anarchy but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social Justice means the promotion of the welfare of the people, the adoption by the govt of measures calculated to ensure economic stability of all the component elements of society through the maintenance of proper economic and social equilibrium in the interrelations of the members of community, constitutionally through the adoption of measures legally justifiable or extra constitutionally through the exercise of powers underlying the existence of all governments on the time honored principle of SALUS POPULI EST SUPREMA LEX. CONTITUTIONAL RIGHTS OF LABORERS (ART XIII SEC 3) 1. The rights to organize themselves; 2. To conduct collective bargaining or negotiation with management; 3. To engage in peaceful and concerted activities, including to strike in accordance with law; 4. To enjoy security of tenure; 5. To work under humane conditions; 6. To receive a living wage; 7. To participate in policy , and decision-making process affecting their rights and

benefits as may be provided by law. EMPLOYER-EMPLOYEE RELATIONSHIP The application of labor standard law is predicated on the existence of an employer-employee relationship. This relationship is one wherein the person for whom the services are performed reserves the right to control not only the end to be achieved but also the means to be used in reaching such end. TEST TO DETERMINE RELATIONSHIP The right to control test Selection engagement of workers The economic test of payment and wages Power of dismissal

1. 2. 3. 4.

MANAGEMENT PREROGATIVE Management also has its own right, which as such, are entitled to respect and enforcement in the interest of simple fair play. 1. Right to conduct business right to manage, control and use his property and conduct his business in any manner satisfactory to himself. 2. Right to prescribe rules 3. Right to select employees 4. Right to transfer or discharge employees.

MIGRANT WORKER / OFW Refers to a person who is to be engaged, is

engaged or has been engaged in a remunerated activity is a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on an installation located offshore or on the high seas; to be used interchangeably with migrant worker. WORKER means any member of the labor force, whether employed or unemployed. RECRUITMENT AND PLACEMENT refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment locally or abroad whether for profit or not; provided that any person or entity which in any manner, offers or promises for a free employment to two or more persons shall be deemed engage in recruitment ad placement.

13 (b) or in any prohibited activities under art 34. 2. Accused has not complied with the guidelines issued by the Sec of Labor particularly with respect to the securing of license or an authority to recruit and deploy workers, whether locally or overseas. 3. Accused commits the same against 3 or more persons, individually or as a group. APPRENTIESHIP practical training on supplemented by theoretical instruction. means the job related

APPRENTICE a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this chapter. APPRENTICESHIP OCCUAPTION means any trade, form of employment or occupation which requires more than 3 months of practical training on the job. APPRENTICESHIP AGREEMENT is an employment wherein the employer binds himself to train the apprentice and he apprentice in turn accepts the terms of training. LEARNERS are persons hired as trainees in semi skilled and other industrial occupations which are non-apprenticeable and which may he learned through practical training on the job in a relatively

KINDS OF ILLEGAL RECRUITMENT 1. 2. 3. 4. Simple Illegal Recruitment Illegal Recruitment Illegal recruitment in large scale Syndicate

ESSENTIAL ELEMENTS OF ILLEGAL RECRUITMENT 1. The accused engages in the recruitment and placement of workers, as defined under art

short period of time which shall not exceed 3 months. LEARNERSHIP VS APPRENTICESHIP LEARNER train in a semi skilled jobs/industrial work that requires training for less than 3 months; APPRENTICE trains in a highly skilled job or in a highly technical industry.

HANDICAPPED WORKERS are those whose earnings capacity is impaired by age or physical or mental deficiency or injury.