MEET 1 FUNDAMENTAL CONCEPTS

Labor Day- May 1, value and promote the protection of Labor

Labor- "Every possible human exertion, mental or physical, and even spiritual
- Any bodily or intellectual exertion done wholly or partly for a purpose other than pleasure
derived from its performance

Labor in Philippine Law- Physical and mental work performed by an employee, and physical
work performed by anyone, whether employed by another or not

Contract- may be written or verbal, should be limited

- Law between two parties in obligation
- There should be consent, object, and consideration (COC)

Debt bondage- payment of debt thru person’s services (ex. May utang yung magulang kaya
ibibigay yung anak bilang katulong pambayad sa utang)

Jurisprudence- cases decided by Sc, not hearsay

LABOR LAW
"Labor law is that body of statutes, rules and doctrines that defines State policies on labor
and employment, and governs the rights and duties of workers and employers respecting
terms and conditions of employment by prescribing certain standards therefor, or by
establishing a legal framework which better terms and conditions of work could be obtained
through collective bargaining or other concerted activity.

Constitutional Law(Saligang Batas)- fundamental law of the land, framework of all the laws

Employee and Employer Relationship- divided into labor standards and labor relations in
consideration of the constitution

ELEMENTS OF LABOR LAW

a) Labor Policies - These are principles or guidelines that define State policies
regarding labor and employment. (e.g. Constitutional provisions and statutory policies)
b) Labor Standards - It is that body of statutes, rules and doctrines that governs the rights
and duties of workers and employers respecting terms and conditions of employment
by prescribing certain standards thereof. (e.g. hours of work, 13* Month Pay, etc.)
c) Labor relations - xxx by establishing a legal framework within which better terms
and condition of work could be obtained through collective bargaining and other
concerted activity. (e.g. union, Labor Management Council)

2 types of due process

1. Substantive due process- rights written in the labor code
 ● If job termination if violated, you can be given reinstatement and backwages
2. Procedural due process- there should be a procedure
● In job termination, there should be twin notice
1. Show cost, a letter telling a violation
2. Hearing, a right to be heard
3. Judgement or decision
● Only given a fine

Relationships and Distinctions

1) Labor Policies - guidelines to be implemented by Labor Standards and Labor Relations
2) Labor Standards - prescribe demarcations in terms and conditions of employment;
Substantive: a) protective (limitation given to the employee, ex. Working hours, working
conditions, occupational safety and health) b) ameliorative (money compensation, minimum
wage, ot, night shift d, sss, philhealth gsis, pagibig, 13th month pay)
3) Labor relations - Procedural that govern the methods for over and above the standards

SOCIAL LAW
- that body of rules and statues aimed at promoting general welfare of all the people, with
special reference to labor
The labor orientation of social laws has two-fold justification:
● Labor constitutes the great majority (about 85%) of the population (quantitative reason)
● Promote the welfare of the society toward its weakest link, which is labor (qualitative
reason)

Cases with meanings of social justice

● Calalang v Williams- the welfare of the people is the supreme law
● Guido vs RPA
● Ramon Magsaysay- those who have less in life should have more in law

LABOR LAW VS SOCIAL LAW

● Both are for the promotion of social justice
● Social law is broader, while the other is for the benefit of workers
● Social law is for the welfare and economic security of all, which is "the greatest good for
the greatest number" (but should be the “common good)
o As to object - Labor is for the well-being of laborers, social law aims to promote
welfare of the society
o As to subject matter - Labor is for the direct and proximate interest to workers, social
law treats of matters remote or indirect interest to workers
o As to application - Labor are for those actively employed or in the service; social law
is concerned with those interrupted employment
VAWC- Violence Against Women and Children (because women and children are vulnerable)

Sources of the Power to Enact Labor And Social Laws

Fundamental/ Inherent Powers of the State: Power of Eminent Domain, Police Power, and
Power to Tax
- Fifth element of state when taking to international relations is Recognition
● Power of Eminent Domain- the state can take private property for public use
● Power of Taxation- even without the law, the state can collect taxes
- taxation is the lifeblood of the state
- the governement can’t survive without tax collection
● Police Power
- "The power of the State to enact laws and prescribe regulations that will promote
the health, morals, education, good order, safety, and general welfare of the
people." (Primicias vs. Fugoso, 80 Phil. 71)
- "The inherent power of the State to enact legislation that may interfere with
personal liberty and property in order to promote the general welfare." (PASEI vs.
Drilon, 163 SCRA 386)

The 1987 Constitution on Labor

● "The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare." (Art. II, Sec. 18)
● "The State shall afford full protection to labor, local and overseas, organized or
unorganized, and promote full employment and equality of employment opportunities for
all..." (Art. XIII, Sec. 3)
● The State shall regulate the relations between workers and employers..." (Art. XIII, Sec.
3)
Labor code- product of the Marcos Administration, PD 442

Labor is not just a contract

"The relations between capital and labor are not merely contractual. They are so impressed with
public interest that labor contracts must yield to the common good. Therefore, such contracts
are subject to the special laws on labor unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of work, and similar subjects.
* (Art. 1700, Civil Code)
- Collaboration, negotiation, collective bargaining
- Cooling off period- before the strike for those who want to contest CBA
- Laborers- vulnerable sectors of the society

CONSTITUTIONAL PROVISIONS

a) Article II, Secs. 9, 10, 11, 13, 14, 18, 20.

b) Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2).
c) Article XIII, Secs. 1, 2, 3, 13, 14.

MEET 2 CONSTITUTIONAL PROVISIONS ON LABOR PART 1

1987 CONSTITUTION
ARTICLE II - DECLARATION PRINCIPLES AND STATE POLICIES

Article II- not self-executory, there is a need for an enabling law, the congress should enact a
law that is statutory in nature in order to be implemented, with the exemption of sec 15 and 16
(health and the balance and healthful ecology). (e.g. prohibition on Political dynasty).
Guidelines of the congress to make laws

Sec. 9. The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

- Workers should have enough salary to live (full employment)

- Working students are not part of the underemployed.
- Underemployed - not working 8 hours a day but capable to work for the said hours.
- Minimum wage - mandated minimum salary for workers by law.
- Living wage - enough salary for workers to live and sustain his needs.
- The Philippines only implements minimum wage.
- The work should give improvement to the lives of the worker

Sec. 10. The State shall promote social justice in all phases of national development.

- Welfare of the people is the supreme law.

- All about social justice.
- Many laws passed by the legislative branch, such as senior citizen law, violence against
women and children etc.

Sec. 11. The State values the dignity of every human person and guarantees full respect for
human rights.

- Human rights should be valued by the state

- Social legislation and labor are also part of human rights.

Sec. 13. The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in
the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

- Promotion of youth in nation building.

- Prohibits child labor
Sec. 14. The State recognizes the role of women in nation—building, and shall ensure the
fundamental equality before the law of women and men.

- Women in nation building

- Revised as women are capable of nation building. Historically in the Philippines, women
are seen as weak.

Sec. 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.

- Humane conditions at work

- Health and safety must be in workers.
- There should be hazard pay for workers who work in construction industry etc., as it was
stated also in the labor code.
- All areas of the workshop are suitable.
- Additional pay for workers. (e.g covid allowances, medicine allowances.)

Sec. 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

- Promoting private corporations in the Philippines under capitalism. Because private

corporations are the one creating job opportunities.

MEET 3 CONSTITUTIONAL PROVISIONS ON LABOR PART 2

Article III - Bill of Rights

- Pertaining to the Constitution of Liberty

- The protection of the people against the arbitrariness of the Government.
- Protection from “absolute power corrupts absolutely”.
- self-executory

• The Constitution is comprises of 3 Contents

- Constitution of Government pertains to the function of the government the authority and
power given to the different branches of government.
● Article 6 Legislative, Article 7 Executive and Article 8 Judiciary. Article 10 Local
Government

1987 Constitution - Post-Martial Law Constitution

- From the previous 1973 and 1935 Constitution the President can declare Martial Law
- Can only callout the arm forces or military when there is turmoil
 - The President can call Martial Law when there is Invasion or Rebellion if there’s no
such thing, the president has no right to declare martial law and it would be
unconstitutional.
- Requirement: Should report within 20-48 Hours to Congress personally why the
President Declared Martial Law

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the law.

- Very important Section (We should know it by heart)

- Karapatan ng labouerer na magkaroon ng security of tenure. Work is the Property Right of
Labourer (hindi pwede basta-basta tanggalin ng employer).
- Workers / Laborers ay hindi pag ma may-ari ng Employer / Amo
- If not part of the Job description especially if it violates your rights, you can say no to your
Employer.
- Equal Protection from Sec. 1: All employees should be treated equally and alike to
avoid discrimination and class distinction. (No favoritism)
- Cannot be deprived of Property Right as laborers without due process of law.
- Substantive due process - Just and Authorized Causes as provided in Labor Law.
- Just Causes - Refer to serious misconduct, the employee has breached the contract
of employment by their actions and so their employer has the right to summarily
terminate the employee. For example: willful disobedience or insubordination, gross
and habitual neglect of duties, fraud or wilful breach of trust, loss of confidence and
commission of a crime or offense.

- Authorized Causes - Grounds for separation of employment. It is called authorized

causes because the employer is authorized to separate employees from their
employment due to a legitimate business reason or a requirement by law or
regulations. Example: Closure or Cessation of Business Operations, Redundancy
and Installation of Labor-Saving Device .
• There is procedure before terminating employees: The employer should inform DOLE 30
days before the termination of the worker.

- Procedural due process - Process or procedure how an employment should be terminated.

- Requires Twin notice and Hearing.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
- right to express grievances but there are limitations
- Strike - Rights of the Employee to stop from work to stage a strike or Rally in front of the
company premises.
• The ingress (entrance) and egress (exit) of the company shouldn’t be blocked. If
proven that it was blocked, then the Rally is considered Illegal.
- Freedom of Speech as a part of Unionism - Employee can speak against your employer.
 - Peaceful Assembly - To avoid riot and such and have peaceful negotiation between
employee and employer.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided bylaw.

- Pertains to public concerns, Status of the funds used by the Government, ayuda from
DOLE should be disclosed to the Public
- Project of the Government: Construction of Bridge & School disclose the expenditures..
- Connected to the Labor because we have the right to scrutinize the projects and
programs of the government that is for Labor.

Section 8. The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not be
abridged.

- Government cannot form Unions. Yet, they can create labor organizations or
associations.
- Hospitals should have skeletal force if they want to Strike.
- If the Company is Imbued with public interest - The secretary of Dole would have the
jurisdiction and intervene. (For ex. Hospital, the public would have huge effect on it)
- What is Strike?, also called labor strike, labour strike, or simply strike, is a work
stoppage, caused by the mass refusal of employees to work. A strike usually takes place
in response to employee grievances. (Stoppage from work)
- What is Lockout? The exclusion of employees by their employer from their place of
work until certain terms are agreed to. (Instance coming from the employer - no work no
pay)

Section 10. No law impairing the obligation of contracts shall be passed.

- Non-Impairment of contracts. If theres labor contracted within the government or signed
by the government in the previous administration, the new administration cannot
impaired it. (Unless its the exercise of police power [ for regulation] )
- Substandard - The materials used isn't ideal for its agreed price. (Mura ang mga ginamit
na Pundasyon [ may kupit mula sa pondo] )

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi~judicial, or administrative bodies.

- Judicial: Under Judiciary Courts. Examples: Court of Appeals & Supreme Court,
Regional Trial Courts, Lowe Courts
- Quasi-Judicial: These pertains to the executive, departments that can decide on cases
under the Executive. Examples: NLRC (The National Labor Relations Commission).
 Bureau of Immigration. Commission on Elections (COMELEC). Bureau of Internal
Revenue (BIR).
- Administrative Bodies: All of the agencies under the executive or administrative.

Section 18. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

- For example: If someone is caught jay-walking, you are obligated to do community

service. As per the exception of this section when it's punishment for offense or a crime,
you can be forced to work.
- Polo Y Servicio (Forced Labor by the spaniards) the concept was derived from the
time of Spaniards. Forced labors with the Filipinos (Indios)
- If the parents are the one asking for you to work, it isn’t considered as involuntary
servitude as the parents are providing us food, shelter, education etc.

ARTICLE XIII - SOCIAL JUSTICE AND HUMAN RIGHTS

- Salus populi est suprema lex - The welfare of the people is the supreme law.

Section 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

- Every job should be dignified. Give respect and value regardless of its perspective. For
Example: Basurero. They don’t have proper equipments and the nature of their work is
hazardous especially during the peak of the pandemic therefore, they need protective
equipments.
- If the work is hazardous, there should be a Hazard Pay. For example: combatants
(military), work related with chemicals (mining / small scale mining).

Section 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

- More of Opportunities than equalities of resources

- Free education, free tertiary education, free tuition fee etc.
- All are given opportunities to uplift their lives.

LABOR
Section 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self—organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living
wage. They shall also participate in policy and decision-making processes affecting their rights
and benefits as may be provided by law.

- There should be Security of Tenure. Clamoring to end Contractualization (Endo

contractualization, MAX OF 5 MONTHS OF WORK)
- Overseas workers cannot avail of full employment as our state or government have no
jurisdiction to the principal employer in abroad.
- OFWs are contractual worker they base their work based on the contract signed with the
principal abroad. No Security of Tenure, More like renewal of contracts. (If its overseas
worker / abroad).
- If the work is necessary and desirable to the employer, then it cannot be under
contractual.
- Some works are seasonal. Seasonal workers can be a regular worker. (Regular
seasonal worker). Example: During summer, boracay is the peak of tourists, so they hire
service crew. Every season and time that there is a lot of people in boracay, employers
are rehiring you. (Security of Tenure although its seasonal).
- During Christmas Season: Hiring seasonal employees of SM or other Malls (since the
demands are high).
- Artists (Artista), they can negotiate how much is their TF (Contractual)
- Although you’re in association, labor or any labor management council and even you
don’t have, you should be protected to full employment. (Security of Tenure)
- They can create their own organization and have their collective bargaining.
- Protect the safety and health of the employees.
- According to the statistics of neda, NEDA (The National Economic and Development
Authority) the government is providing a minimum wage which is not a desirable for a
living wage.
- Part time employee has no security of tenure unlike regular and full time employees.

Section 3. Cont’d. The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.

The State shall regulate the relations between workers and employers, recognizing
the right of labor to its just share in the fruits of production and the right of enterprises
to reasonable returns to investments, and to expansion and growth.
 - If there is a conflict within the industry or the employment, it should be settled first within.
Need to work in amicable settlement. SENA - Single Entry Approach
- Voluntary Arbitration: Nagkakaroon ng Mediation and conciliation when the two
conflicting parties invite a independent body. ( Inviting for a middle man for a
recommendation).
- Compulsory Arbitration, it is mandated by the law and forced to arbitrate.
- Amicable settlement for industrial peace and democracy.
- Court Mediation Office- a place for amicable settlement before having litigation
- Profit Sharing gives employees a share in their company's profits based on its quarterly
or annual earnings. It is up to the company to decide how much of its profits it wishes to
share.
- Enterprises has the right to close and change their location if its ideal business
opportunity.

HEALTH

Section 13. The State shall establish a special agency for disabled persons tor their
rehabilitation, self—development, and self-reliance, and their integration into the
mainstream of society.

- Corporations hiring PWDs and have incentives.

- In the old law, PWDs are only given 75% of the regular salary.
- Now, the equivalent of the salary of PWD should be the same as with the regular
employee in the same rank.
- Corporations are being incentivized, tax discounts when they hire PWDs employees.
- Currently, Senior Citizens are being promoted as they can still work although they are
old enough to retire. (Some Senior citizens are still able to work)

WOMEN

Section 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions and such facilities and opportunities
that will enhance their welfare and enable them to realize their full potential in the service of the
nation.

- Violence against women and children (VAWC) considered as protection for women.
- Midnight women workers are can work in the night hours.
- Maternity Leave.
- Government provides such leaves for the women as they have hormonal imbalances.
Example: Miscarriages
- Women are being protected and a lot of rights are given because historically they were
deprived of those rights. (Neglected)
MEET 4 LABOR LAWS
CIVIL CODE PROVISIONS ON LABOR

Article 3. Ignorance of the law excuses no one from compliance therewith.

(important not just in labor but all laws that we have in the land)
- You cannot excuse yourself from following a law because you are not aware
- Laws are important to be published, compliance with publication, should be put in the
official gazette, published 15 days prior to its implementation in the newspaper of
general circulation (PH Daily Inquirer, PH star, Manilla Bulletin, Manila Times)

PD- Presidential decree- immediately executory,

Effectivity clause- states when the law will be effective

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

No Expostfacto law- the congress shall enact laws that are no retroactive in nature it should
always be prospective
- Prospective- The statutory policy should answer the probl` ems at present and for the
future, esp if it is criminal in nature.
- Exception is if the law is favorable to the accused
- Example Robin Padilla, there’s a retroactive effect but because it is favorable to him, his
sentenced lessened

Article 19. Every person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due, and observe honesty and good faith.

- In human relations in the civil code

- In the employee-employer relationship, there should be a kind of justice, and there
should be a kind of humane treatment of employees. Prohibits abuse of rights.
Employees and employer have rights and should not be violated
- If it's civil code, the liability will only pertain to Damages (restitution or compensation).
Compensatory in nature
- Contract- law between the parties within the contract

Article 1700. The relations between capital and labor are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor unions, collective bargaining,
strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects.
- Labor contracts are not merely simple contracts. There is primordial consideration as to
the rights of the workers
- There is a consideration as to labor force as a primary social economic force
Family code- separated in civil code, separate code in family relations
Article 1702. In case of doubt, all labor legislation and all labor contracts shall be construed in
favor of the safety and decent living for the laborer.
- This is because the contracts are made by the employer
- Contract of adhesion- no need for bargain, negotiation. Just adhere to the contract

Labor laws will not be applied if there is no Employer-Employee Relationship

Four-Fold Test- to know if there is EE relationship

A. Selection and Engagement of the Employee- employer is hiring, interviewing or giving job
engagement and contracts. Giving requirements for hiringyou can use any of the 4 to test
B. Payment of Wages or Salaries- if part of the master list in their payroll
Commission-based, consultancy (doctors and lawyers)- not considered employed
C. Exercise of the Power of Dismissal- if the employer can dismiss you for the reasons
stipulated in the contract
D. Exercise of the Power to Control the employee's conduct- most used in test
- Control Test- This is the controlling test.
- Whether the employer controls or has reserved the right to control the employee not
only as to the result of the work to be done but also as to the means and methods by
which the work is to be accomplished.

*These tests admit exception (4 fold)

Principles in Er-Ee Rel

● There is no uniform test prescribed. by law or jurisprudence to determine the
existence of the rel.
● Essential to determine as it comprise jurisdictional basis for recovery under the law and
cognizable by labor courts. (to know if the labor codes will apply)
● It is contractual in nature that may be oral or written. a written contract is not
necessary for its creation and validity
● Stipulation in a contract is not controlling, the employment status is defined and
prescribed by law and not by the parties to a contract.
● The mode of paying the salary does not preclude the existence of employment
relationship (e.g. commission, piece-rate basis, "no work, no pay”).
● Retainer fee arrangement does not give employment relationship (e.g. consultancy).

Existence of Employment
1. Dispatcher of transport company (konduktor)
2. Boundary system (not lessee and lessor)
- Payment per boundary (distance given to operators
- Jeepney tricycle taxi operators
3. Musician for motion pictures
4. Fishermen-crew in a company fishing vessels of "trawl" even on percent commission basis
(kasamahan sa pangingisda ng malalaking vessels)
5. Stevedores although supplied by labor organization are employees by the company
(tagabuhat sa pantalan, naglilipat ng mga gamit)
6. Resident physicians (x: training agreement & accredited by a gov't. agency)
7. Employee of cooperatives, but not its members
8. Insurance agent

How to compute Perecentage- just move the decimals 2 points to the left

HOURS OF WORK
● Apply to employees in all establishments and undertakings whether for profit or not,
but not to government employees, managerial employees, field personnel, members of
the family of the employer who are dependent on him for support, domestic helpers,
persons in the personal service of another,and the workers who are paid by results.
Kasambahay law- for the kasambahays (changed from katulong)
● "managerial employees" refer to those whose primary duty consists of the
management of the establishment in which they are employed
● "Field personnel" shall refer to non-agricultural employees who regularty perform their
duties away from thre principal place of business or branch offce of the employer and
whose actual hours of work in the field cannot be determined with reasonable certainly.

Normal hours of work: shall not exceed eight (8) hours a day

● X: Health personnel (plus 30%)- 40 hours only a week

● Hours worked shall include (a) all time during which an employee is required to be on
duty or to be at a prescribed workplace, and (b) all timeme during which an employee is
suffered or permitted to work
● Rest periods of short duration during working hours shall be counted as hours worked.
● Meal period - not less than sixty (60) minutes time-off for their regular meals- hindi
bayad
● Night shift differential - not less than ten percent (10%) of his regular wage for each
hour of work performed between ten o clock in the evening and six o clock in the
morningr (ex. call center)
- Get first the per hour of the employee then multiply the 10% or .1
- After getting the 10%, add per hour then multiply it to the hours spent
- Ex. 600 salary per day/ 8 hours of work= 75 per hour
75*.1=7.5
75 per hour plus 7.5= 82.5 per hour (if worked between 10pm-6am)
82.5*8 (hours worked)= 660 salary for night shift
● Overtime work. Work may be performed beyond elght (8) hours a day provided that the
employee is paid for the overtime work, an additional compensation equivalent to his
regular wage plus atleast 25% thereof. Work performed beyond eight hours on a holiday
 or rest day shall be paid an additional compensation equivalent to rate of the first
eight hours on a holiday or rest day plus at least thirty percent (30%)
- Get first the per hour by dividing salary to 8 (hours)
- Multiply 25% or .25, then add it to the per hour
- When it exceeded until night shift, you can also get the 10%

Over Time- mandated if there is an urgency for the company’s welfare and operation but not for
profit per se. It is for the output and for the job to be done.
● Undertime work on any particular day shall not be offset by overtime work on any
other day. Permission given to the employee to go on leave on some other day of the
week shall not exempt the employer from paying the additional compensation
● Emergency overtime work:
- When the country is at war or when any other national or local emergency has
been declared by the National Assembly or the Chief Executive:
- When it is necessary to prevent loss of life or property or in case of imminent
danger to public safety due to an actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or ather
disaster or calamity:
- When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some
other cause of similar nature
- When the work is necessary to prevent loss or damage to perishable goods
- Where the completion or continuation of the work started before the eighth
hour is necessary to prevent serious obstruction or prejudice to the business or
operations of the employer.

Subsidized Meals and Snacks- allowed to be deducted in employees’ salaries but not too
much as long as there is an agreement. The employer should not influence and control how
employee manage their salary

Salary of Kasambay- stipulated by laws and wage orders

Minimum Wage- ceiling, standard

Minimum wage earners- exempted from tax (factory workers, salesladies)

Compensable Working Hours

Principles in determining hours worked:
- Whether or not spent in productive labor like waiting time,
- Need not to leave the office
- Worked because there is no replacement
- Interruption like brownout or suspensions

Compensable:
 ● Waiting Time
● Attendance lecture meetings
● Meal and rest periods (if the one hour is not used, it shall be paid)

Barangay Micro Business Enterprises (BMBEs)- Register enterprise in barangay

- Exempt from the coverage of minimum wage like sari-sari stores
- Less than 10 employees

Holiday pay- payment of the regular daily wage for any unworked regular holiday
- regular pay for legal holiday
Not covered by holiday pay
- Government employees
- Employees less than 10
- Kasambahays
- Managerial
Regular holidays- employees are entitled 100% of minimum wage

Double pay- if worked during holiday, x2 wage

- Additional 30%(per hour) - if worked on holiday and rest day
- 100+30*2= 260%

200% if araw ng kagitingan falls on the same day as Maundy Thursday or Goof Friday
+100% if the employee is required to work on that day.

Absences- if absent prior to holiday, there is no pay

Read the handbook to see importance of holiday pay, overtime pay, hours of work. Difference of
nightshift and overtime.

Premium pay- if it falls on rest days and special days

Special working days- depends on the employer kung papasok or hindi ang employees

Service charges- on establishments, 100% distributed to employees

11 CASES GIST
 CASE ISSUE RULING Article

1. Central Bank Whether or not Petition was in Sec 2.

Employees Association Section 15(c), favor; the BSP economic
(Now Bangko Sentral Article II of R.A. Employees opportunities
ng Pilipinas Employees Art 9 Sec 9:
No. 7653, runs Association
Assoc.) Inc. versus minimum wage
Bangko Sentral ng afoul of the won the case.
Pilipinas and the constitutional Thus labeling Art 3, Sec 1
Executive Secretary mandate that “No the last Equal
person shall be paragraph of protection of
denied the equal Section 15(c), law
protection of the Article II of RA
laws. No. 7653
unconstitutional

2. PHIMCO Industries Whether or not the Favored the Art 8 Sec 3:

Inc. versus PHIMCO strike is illegal petitioner but Right to strike
Industries Labor later on reversed
Association (PILA) and sided to
PILA with 30k
each

3. Dominador Whether or not the Case ordered Art. (Freedom

Anuncescion vs NRC, petitioners may be dismissed with of Religion)
TDC, and Court of IR dismissed on the costs against
ground of private
resignation from respondent
the Union.

4. BPI vs BPI Security

EMPLOYEES Tenure
UNION-DAVAO

5. Asia Brewery v Discretion in

TPMA awarding wage Petition is Art. 8 Sec.3:
increase. Denied and Rights of
Proper to the employee got Workers and
remand of the case premium Organization
 to the secretary of payment
labor

6. Agabons v NLRC Illegal dismissal Petition is Art. 8 Sec.3:

Denied but were Rights of
given incentive Workers and
pay Employer

7. Pedro Tecson v Stipulation against Petitioner Lost

GLAXO marriage Art 8, Sec. 3
Labor (humane
conditions of
work)

8. Yrasuegi vs. Bona fide Petitioner lost Art8, Sec 3.

Philippine Airlines, Occupational but granted Just share in
Inc., Qualifications severance pay fruits of
production

9. Manuel vs. N.C. The sworn Petitioner’s Art 3, Sec 12

Construction Supply statement the admission is not (3). Right to
petitioners inadmissible as counsel
provided is evidence against
inadmissible as them. However,
evidence as they respondents
were not given the must provide
right to counsel indemnity to the
during the petitioners for
investigation in the the failure of
police station due process

10. Salaw vs. NLRC Petitioner won Art 3, Sec 12

If whether the on grounds of (1) Right to
petitioner’s deprivation of counsel
dismissal is legally the right to
justified counsel and
undue haste

11. Waterous Drug If whether the The petition Art 3 Sec 3

Corporation vs. NLRC check payable to failed and the Right to
Catolico is respondent must privacy
admissible as be awarded
evidence separation pay.
Gist ng Case 11:
There was a suspicious purchase order of 10 voren tablets priced at 384php na
originally priced ay 320 lamang so may 64 pesos overpriced, x10 so 640 total, nakita ng YSP
accounting na ang 640 ay ibinayad kay Catolico in the form of cheque in an envelope na
binuksan naman ng coworker ni Catolico. Siya ay ipinagpaliwanag kung ano ito, nagrequest
siya 48 hrs extension for explanation, and habang under time na gumagawa siya ng explanation
w her lawyer ay siya ay under preventive suspension. Sabi niya sa explanation, nalabag daw
ang art 3 sec 3 right to privacy niya; in the end, sinuspinde siya based on hearsay at pagdududa
ng employer niya; inadmissible evidence dahil cheque lang naman at walang affidavits yung
testigo, walang due process dahil tinanggal agad siya, hindi naman naviolate ang right to
privacy dahil yung pag-open ng envelope ayon sa SC ay baka about business ng company.