SYLLABUS
SYLLABUS
SYLLABUS
I. GENERAL PROVISIONS
A. Basic policy on labor
B. Construction in favor of labor
C. Constitutional and Civil Code provisions relating to Labor Law
II. PRE-EMPLOYMENT
A. Recruitment and placement of local and migrant workers (Labor Code
and RA 8042, as amended by RA 10022)
1. Illegal recruitment and other prohibited activities
a. Elements
b. Types of illegal recruitment
c. Illegal recruitment vs. Estafa
2. Liability of local recruitment agency and foreign employer
a. Solidary liability
b. Theory of imputed knowledge
3. Termination of contract of migrant worker without just or valid
cause
4. Ban on direct hiring
B. Employment of non-resident aliens
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2. Minors (RA 7610, as amended by RA 9231)
3. Kasambahay (RA 10361)
4. Homeworkers
5. Night workers
6. Apprentices and learners
7. Persons with Disabilities
a. Discrimination
b. Incentives for employers
V. LABOR RELATIONS
A. Right to self-organization
1. Coverage
2. Ineligibility of managerial employees; right of supervisory
employees
3. Effect of inclusion as employees outside of the bargaining unit
4. Non-abridgement
B. Bargaining unit
C. Bargaining representative
D. Rights of labor organizations
1. Check off, assessments, and agency fees
2. Collective bargaining
E. Unfair Labor Practices
1. Nature, aspects
2. By employers
3. By labor organizations
F. Peaceful concerted activities
1. Strikes
2. Picketing
3. Lockouts
4. Assumption of jurisdiction by the DOLE Secretary
5. Injunctions
VI. POST-EMPLOYMENT
A. Employer-employee relationship
1. Tests to determine existence
2. Kinds of employment
a. Regular
b. Casual
c. Probationary
d. Project
e. Seasonal
f. Fixed-term
g. Security guards
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h. Floating status
3. Legitimate subcontracting vs. labor-only contracting
a. Elements
b. Trilateral relationship
c. Solidary liability
B. Termination by employer
1. Just causes
2. Authorized causes
3. Due process
a. Twin-notice requirement
b. Hearing
C. Termination by employee
1. Resignation versus constructive dismissal
D. Preventive Suspension
E. Reliefs from illegal dismissal
F. Money claims arising from employer-employee relationship
G. Retirement
- NOTHING FOLLOWS -
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