LABOR STANDARDS

ATTY. JIMENO

12 November 2013
Definition of Labor Standards
Definition of Labor Standards Law
Duty of Employer
Sources of Labor Standards Law
Labor Relations Definition
Books One to Four of the Labor Code
Books Five to Six
Rights of Workers
Wage Order No. 18
Diff between basic wage and minimum wage
Aim and reason for enactment of Labor Laws
Salus Populi Est Suprema Lex
Social Justice
Police power
Declaration of Principles (Art 211 of Book 5)
Sec 18 – the right to self organization
Provisions in the Constitution regarding Labor Laws
Preferential modes of setting disputes
History of Labor Code
May 1, 1974 – PD No. 442
Amended 507-A
Oldest Law – RA no. 1874
Latest Law – RA No. 10396 (March 14, 2013)
Case of Portuguez vs GSIS

19 November 2013
Article 12
Define recruitment and placement
Is it important to have 2 or more persons – (rule of evidence; create presumption)
Determine 2 elements of Illegal Recruitment
Art 34
Art 38 (b)
Malum prohibitum
Malum in se
People vs Comilla
People vs Hu
Penalties
Darvin vs Ca
People vs LOCE
Who can engage in recruitment
PAPA
PESO
OFW
2 classifications of OFWs
POEA
Functions of POEA
Labor arbiters
Serrano vs Gallant
Sec. 10 of RA 8042
Skippers vs Daza
Death
NFD vs NLRC
Coastal Safeway vs Delgado
No jurisdiction to enforce foreign judgement
Ban on Direct Hiring
Definition of Direct Hiring
Definition of name hiree
Case of Vir-jen shipping vs NLRC
Suzara vs Benipayo
Minimum Employment Conditions
Mandatory Remittance of Foreign Exchange Earnings
Who are allowed to recruit
Who are prohibited
Who are other persons who are disqualified
Who are qualified to apply for licensing
Art 27
Art 28
Place of Recruitment
Placement and Documentation Fees
Prohibited Practices
Beckman vs Simplicio Cuaresma
Catan vs NLRC
Datuman vs Cosmopolitan

26 November 2013
Who are in need of employment permit
Who are exempted from getting employment permit
Provisions/ basis of law for preventing aliens from being exempted
Requirements before an alien can be exempted
Exceptions
Gen Milling Co vs Torres
AEP is based on
Grounds for Denial
Grounds for suspension
Definition of manpower
Unemployment
TESDA
Definition of apprenticeship
Definition of Apprentice
Definition of Learners
Nitto Enterprises vs NLRC
Requisites for Valid Apprenticeship
No valid apprenticeship if
Apprenticeable Occupation
Highly Technical Industries
Qualifications of apprentices
Employment of Apprentices
Qualifications to be met by employer
Period of apprenticeship
Contents of Apprenticeship Agreement
Signing of Apprenticeship Agreement – who signs
Apprenticeship w/o compensation
Case of Filamer
Civil Code Art 2180
Definition of Learners
Definition of Learnership Agreement
When learners may be hired
Employment of minors as learners
Learnership agreement
Learner – 2 months cannot be dismissed because regular worker
Definition of Handicapped workers
Disability
When employable
Incentives
Bernardo vs NLRC
Employment Agreement
Sheltered employment
Duration of Employment
Definition of Employer
Definition of Employee
4 Fold test
Two – tiered approach
Control test
Definition of Managerial employees
Elements
Members of family who are dependent
Domestic helpers
Existence of Er – ee relationship
Francisco vs NLRC
Insurance agents vs NLRC
Cases where Er- ee relationship exists
Cases where there is No er-ee relationship
Bank card employees union
Wage distortion
Normal hours of work
CWW
Normal hours work of Hospital personnel
Policy Instruction No. 54
San Juan De Dios vs NLRC
Flexible Work Arrangements
Twelve hour work shift with Overtime
Work Day vs Calendar Day
Hours worked
Premium pay for working during rest days
Rules on Hours worked
Working While on Call
Travel time
Interphil Lab Employees Union vs Interphil Lab Inc.
Preliminary and postliminary activities
Waiting time
Engaged to wait
Meal Period

3 December 2013
Art 84
Rest periods of short duration
4 instances of Hours worked
If the ee could not abandon his work because he has no replacement
Company time
Interruption on his work
Preliminary and postliminary activities
Waiting hours when considered compensable
Meal period
While sleeping
Working on call
Travel time
Lectures, trainings, meetings, programs
Semestral Break
Work hours of Seamen
Who has the burden of proof in determining hours worked
Bitoy Javier vs Fly Ace Corp
Prangan vs NLRC
Meal periods can be shortened
Shortened meal periods upon ee’s request
Diminution of salary and benefits
NSD
OT pay
Daily Rate
Work Day
Offsetting
Instance when to render OT
CWW
Pay OT in CWW
Flexible work arrangement
Reduction of Workdays vs CWW
Rotation of Workers
Forced Leave
Broken time
Flexi – holiday
Undertime not offset by OT
NWASA case
Emergency OT work exceptions
Weekly rest
Who determines rest day
When Er may require work on rest day
When rest day cannot be determined
Premium Pay
Special Holiday plus rest day
Holiday pay
Who are not entitled of holiday pay
Who are field personnel
Purpose of holiday pay

10 December 2013
Monthly paid employees was already paid of Holiday pay
Case of Chartered Bank
Palea vs Pal (1976; 1985)
Double Holiday pay
Double Holiday Pay if the divisor is 365 days
Wellington case
Odango case
Union of Fil employees vs Vivar
SIL
One year of service
SIL does not apply to whom
If only rendered 8 mos
Paternity Leave
Conditions of entitlement
Is it commutable?
Solo Parent Leave
No of days
Who issues solo parent Card
Service charges
Pooled tips
Distribution of Service charge
Rules in case of Abolition
Basis of the amount to be integrated
Case of Macloyd
Wage vs Salary
Origin of Salary
Soriano case
*memorize* Actual market transaction attributable to salesmen
Definition of facilities
Board and Lodging
Requirements for deducting amount of facilities
Definition of Supplements
Gratuity
Equal pay for equal work
Higher salaries for foreign employees/ ees working abroad – wrong
Case of Intl school Alliance of Educators
Agricultural vs Industrial work
Minimum wage rates
Wage order No. NCR – 18

7 January 2014
Which is higher minimum or basic wage?
Entities exempted from coverage of minimum wage
Requisites
DO No. 18-A
Ability to pay immaterial
Estoppel not applicable
Art 100
Instances when you cannot apply non-diminution rule
Non – diminution of benefits when applicable
Royal Plant Workers Union vs Coca Cola Bottlers
Wage order compliance – wrong
Wage Order No. 18
13th month pay or its equivalent
Christmas bonus – wrong because of Constitutional law (Separation of Church and State)
Who are excluded of 13th month pay
Formula of 13th month pay
Univ Corn Products vs NLRC
PAL vs NLRC
Payment by results
Piece rate workers are not entitled
Requisites – approval of DOLE
Who conducts time and motion study?
How?
Who are the participants?
Holiday pay of piece rate workers
Art 102
Art 103
Art 104
Requisites for payment thru Banks
Payment thru ATM
Art 105
Prohibition
Art 106
Labor only contracting
Neri vs NLRC
Substantial Capital
Serrano vs Isetan
Existence of Trilateral relationship
Service Agreement – contract bet principal and contractor/subcontractor
Contract of Employment – contract bet contractor and contractual workers
Indirect Employer
Diff bet principal and indirect er
When can they be solidary liable
Meralco Industrial Engineering Services Corp vs NLRC
Art 106 and 109
Connivance bet er and contractor
Mandatory registration
Aklan vs San Miguel Corp
Registration fee
Net Financial Contracting Capacity
Prohibitions
Days to answer a complaint