Topics Labor Law and Social Legislation

LABOR LAW AND SOCIAL LEGISLATION
1. Articles 1-2
2. Definition of Terms
i. Labor Legislation, Labor Standards, Labor Relations
ii. Labor vs Skill
iii. Work vs Labor
iv. Worker vs Employee
v. Social Legislation vs Labor Law
3. Aim and Reason of Labor Laws
4. Basis of Labor Laws
5. Related Laws
a. Constitution
b. Civil Code
c. Revised Penal Code
d. Special Laws
e. International Aspect – ILO
6. Articles 3-6
a. Art. 3 – Self-Executing vs Not Self-Executing
b. Art. 4 – Liberal Approach (ER’s rights vs EE’s Rights)
c. Art. 6 – EER, non-applicability
Labor Standards
(Labor Code – Book III – Conditions of Employment)
1. Art. 82
a. Covered employees – Title I Book III – all employees in all establishments
for profit or not.
b. Excluded employees:
i. Government employees
ii.Managerial employees
iii. Managerial staff
iv. Members of the family of the employer who are dependent on him
for support
v. Domestic servants and persons in the personal service of another
vi. Workers paid by result
vii. Field personnel – Auto Bus Transport System, Inc. vs. Bautista,
GR No. 156367, May 16, 2005
c. Who are government employees?
d. Who are managerial employees?
e. Who is considered a managerial staff?
f. Who are field personnel?
g. EER (TESTS)
i. Four-fold Test
ii.Two-tiered
iii. Evidence of employment

iv. Absence of Name in the Payroll
v. Pakyaw Workers – Case: Zamudio vs. NLRC, G.R. No. 76723,
March 25, 1990
vi. Determination by Law
vii. Salaried Insurance Agent, School Teachers, Boundary-hulog,
truck-driver, piece-rate workers, street-hired cargadores
viii. Cases:
1. *DUSOL VS LAZO, GR 200555
2. *JAVIER VS FLY ACE, GR 192558
3. *FRANCISCO VS NLRC, ET AL., GR 170087
2. Articles 106-109
a. Contracting and subcontracting
b. Legitimate contracting vs Labor-only contracting
c. Trilateral Relationship
d. DOLE Department Order 174 s.2017- LOC and LJC
e. Case: Sonza vs ABS CBN
f. Independent Contractorship
g. Agricultural Workers vs Landlord-Tenant (Contractual Relationship)
For Reporting
3. Article 84
a. What are compensable hours?
i. Hours Worked
ii.Engaged to Wait vs Waiting to be Engaged
iii. Working while sleeping
iv. On Call
1. Cellular phone or other contact device
2. Travel time
3. Lectures, Meetings, and Training Programs
4. Grievance Meeting
5. Semestral Break
v. Evidence and Doubt
4. Article 83
a. Normal working hours of work for employees
b. For health personnel
c. Compressed Work Week – DOLE Advisory No. 02 s. 2004
d. Telecommuting Act – RA 11165; DOLE Dept. Order No. 237, s. 2022
5. Article 85
a. Meal time
i. time worked – continuous shift
ii. less than 60 minutes
iii. Shortened meal break
iv. Change in work schedule
6. Article 86 - NSD
7. Article 87 – OT Work (regular, don’t include seaman)
8. Article 88 – No Offset (reason)
9. Article 89 – Emergency OT
10. Article 90 – Computation
11. Weekly Rest Period (Articles 91-93)
12. Holidays, SILs and Service Charges (Articles 94-96 and check related laws, i.e.,
RAs) + 13th Month Pay
a. List of Holidays
i. Differences: Regular, Special working, special non-working)
ii.Percentage/Computation
b. SIL
i. SIL vs Vacation and Sick leave
ii.Other leaves (Check laws)
1. Solo Parent Leave
2. Expanded Maternity Leave
3. Paternity Leave
4. Battered Woman Leave
5. Gynecological Leave
c. Service Charge – LC and RA 11360
d. Cases:
i. Delos Reyes vs Espineli
ii.Zonio vs 1st Quantum Leap Security Agency
iii. Asentista vs. Jupp & Co, Inc.
iv. Lambo vs NLRC
v. Ramil vs Stoneleaf
vi. Penaranda vs Baganga Plywood Corp
vii. Salazar vs NLRC
13. Wages (Articles 97-105; exclude Art. 100 – discuss separately)

a. Definition – Art. 97/98
b. Basic wage – IRR of LC, Rule VII Book III, Sec. 1(n)
c. Minimum wage - Art. 99
d. Statutory minimum wage – IRR of LC, Rule VII, Book III, Sec. 1(o)
e. Facilities vs. supplements –
1. SLL International Cable Specialist vs. NLRC, GR No. 172161,
March 2, 2011.
2. Our Haus Realty Development Corp. vs. Parian, GR No. 204651,
August 6, 2014.
3. Requirements for deducting value of facilities
f. Fair day’s wage for fair day’s labor
g. Equal pay for equal work
h. Agricultural work – definition (Case: L-28280-81, November 28, 1969)
Read (and still for discussion and recitation)

14. Articles 112-119
15. Art. 120 to 121– NWPC
16. Art. 122 to 124 – RTWPB
17. Procedure in issuance of wage orders – Art. 123/124
a. Wage Distortion
i. An existing hierarchy of positions with corresponding salary rates
ii. A significant change in the salary rate of a lower pay class without a
concomitant increase in the salary rate of a higher one
iii. The elimination of the distinction between the two levels
iv. The existence of the distortion in the same region of the country
v. How are wage distortions resolved?
vi. Cases:
1. Manila Mandarin vs NLRC, G.R. No. 76989
2. PI Manufacturing, G.R. No. 167217
3. Metropolitan Bank vs NRLC, G.R. No. 102636
4. Prubankers Association vs. Prudential Bank and Trust Co.
302 SCRA 74, 1999
Recruitment and Placement
a. Definition
b. License vs Authority
c. Ban on direct-hiring
d. Illegal Recruitment
e. Penalty for IR (Art. 39 and RA 10022)
BOOK 2
Employment of Non-Resident Aliens
Apprentice vs Learners
Handicapped Workers
BOOK 3 – Title 3
Employment of Women, Minors, Househelpers, Homeworkers, Night Workers
Labor Relations
(Labor Code – Book V-VI)
*Start first with Book VI
- Concept (difference from LabStan)
- Articles 293-302
- Different Kinds of EEs
i. Regular
ii. Project
iii. Seasonal
iv. Fixed-Term
v. Casual
vi. OFWs?
- Burden of Proof in case of termination
- Separation Pay
- Cases:
o GR 237020
o GR L-21696
o GR 242834
o GR 226240
o GR 201396
o GR 247819 (retirement)
o GR 205813 (retirement)
Book V
Labor Organizations (start from Art. 240)
Articles 253-257 – Self-Organization
ULP
Bargaining Unit
- Duty to bargain collectively
Strikes and Lockouts (grounds to be valid)
CBA
Jurisdiction
BLR; Voluntary Arbitrator; LA; NLRC

Topics Labor Law and Social Legislation

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LABOR LAW AND SOCIAL LEGISLATION

iii. Evidence of employment

11. Weekly Rest Period (Articles 91-93)

13. Wages (Articles 97-105; exclude Art. 100 – discuss separately)

Read (and still for discussion and recitation)

15. Art. 120 to 121– NWPC

16. Art. 122 to 124 – RTWPB

17. Procedure in issuance of wage orders – Art. 123/124

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