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Labor Law LLB Course Overview

This document outlines the course structure and content for a Labor Law and Social Legislation class. The course is divided into 12 modules covering topics such as employment relationships, wages, working conditions, labor organizations, collective bargaining, and dispute settlement. Assessment includes recitations, exercises, quizzes, a midterm exam and final exam. The course outline provides an in-depth look at each module, listing relevant sections of the Labor Code and cases related to the module's topics.

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Jan Alaba
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0% found this document useful (0 votes)
163 views5 pages

Labor Law LLB Course Overview

This document outlines the course structure and content for a Labor Law and Social Legislation class. The course is divided into 12 modules covering topics such as employment relationships, wages, working conditions, labor organizations, collective bargaining, and dispute settlement. Assessment includes recitations, exercises, quizzes, a midterm exam and final exam. The course outline provides an in-depth look at each module, listing relevant sections of the Labor Code and cases related to the module's topics.

Uploaded by

Jan Alaba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

LABOR LAW AND SOCIAL LEGISLATION

Judge Joeven D. Dellosa

References:

RYAN JEREMIAH D. QUAN, NOT TO BELABOR THE POINT: CASES ON LABOR


STANDARDS (VOLUMES I-A AND I-B) (2022).

RYAN JEREMIAH D. QUAN, NOT TO BELABOR THE POINT: CASES ON LABOR


RELATIONS (VOLUMES II-A AND II-B) (2023)

Course Requirements:

Recitations, Exercises, Quizzes - 30%


Midterm Examination - 30%
Final Examination - 40%

COURSE STRUCTURE

Module Topic/s

1 Employment Relationship
● Tests to determine employer-employee relationship
● Contracting Arrangements
● Classes of Employment

2 Wages
● Concept and Definition
● Payment of Wages
● 13th Month Pay
● Service Charge
● Non-diminution of Benefits
● Worker’s Preference

3 Working Conditions
● Hours of work
● Rest periods
● Holidays and special days
● SIL
● Telecommuting Law
4 Working Conditions for Special Groups of Employees
● Women
● Minors
● Househelpers
● Homeworkers
● Magna Carta for PWDs

5 Human Resource Development. Pre-employment, & Migrant Workers


● Training of special workers (apprentice, learners)
● Employment of Aliens
● Pre-employment
● Recruitment and Placement of Migrant Workers

6 Health, Safety, and Social Welfare Benefits


● Employees Compensation Program
● Social Security Benefits (SSS, GSIS, Limited Portability Law)
● Universal Health Care

7 Right to Self-Organization
● Content and Scope
● Labor Organizations
● Eligibility for Membership
● Union Security Clause
● Rights and Conditions of Membership
● Cancellation of Registration

8 Bargaining Unit and Bargaining Agent


● Duty to Bargain Collectively
● Jurisdictional Requirements
● Determination of the Exclusive Bargaining Representative
● Bars to Certification Elections

9 Collective Bargaining

10 Unfair Labor Practices and Concerted Activities

11 Security of Tenure
● Termination Disputes
- Substantive grounds for termination
- Related matters: preventive suspension, constructive dismissal,
suspension, retirement
- Consequences of dismissal

12 Dispute Settlement
● Single Entry Approach
● Secretary of Labor / Regional Director
● Bureau of Labor Relations
● Labor Arbiter
● Voluntary Arbitration
● National Labor Relations Commission
● Remedies
- Rule 65 Petition
- Appeal and appeal bond
- Execution of decisions
- Updating of Awards
● Related matters: attorney’s fees, prescription, quitclaim, technical rules

COURSE OUTLINE

MODULE 1 EMPLOYER-EMPLOYEE RELATIONSHIP

A. Elements of Relationship

Labor Code: Articles 97 (a), (b), ©, (d), (e); 173 (f), (g); 219 (e) & (f)

Cases:
● Television and Production Exponents v. Servana, January 28, 2008
● ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006
● Fulache v. ABS-CBN, January 21, 2010
● Dumpit-Murillo v. Court of Appeals, June 8, 2007
● Begino v. ABS-CBN, April 20, 2015
(these five cases should be read in relation to Sonza v. ABS-CBN Broadcasting
Corporation, June 10, 2004)

● Bernarte v. PBA, September 14, 2011


● Abella v. PLDT, June 8, 2005
● Consulta v. CA, March 18, 2005
● Villamaria v. CA, April 19, 2006v
● Republic of the Philippines v. ASIAPRO, November 23, 2007
● Coca Cola Bottlers v. Climaco, February 5, 2007
● Francisco v. NLRC, August 31, 2006
● Orozco v. CA, August 13, 2008
● Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011
● Matling Industrial v. Coros, October 13, 2010
● Loreche-Amit v. Cagayan de Oro Medical Center, June 3, 2019
● Intel Technology v. NLRC & Cabiles, February 5, 2014
● Bazar v. Ruizol, October 19, 2016
● Parayday v. Shogun Shipping Co., Inc., July 6, 2022
B. Contracting Arrangements
Labor Code: Art. 106-109
Department Order No. 174, series of 2017 (Note: Compare with DO No. 18-A)
Department Circular No. 1-2017

Cases:
● Philippine Airlines v. Ligan, February 29, 2008
● San Miguel Corporation v. Aballa, June 28, 2005
● Meralco Industrial Engineering Services v. NLRC, March 14, 2008
● Manila Electric Company v. Benamira, July 14, 2005
● DOLE Phils. V. Esteva, November 30, 2006
● Aliviado v. Procter and Gamble, March 9, 2010
● Temic Automotive v. Temic Automotive Phils. Employees Union, December 23,
2009
● Manila Water v. Dalumpines, October 4, 2010
● Teng v. Pahagac, November 17, 2010
● CEPALCO v. CEPALCO Employees Labor Union, June 20, 2016
● Diamond Farms v. Farms Agrarian Reform Beneficiaries Multipurpose
Cooperative, January 13, 2016
● Manila Memorial Park Cemetery v. Luiz, February 3, 2016
● Quintanar v. Coca Cola Bottlers Philippines, June 28, 2016
● Fuji Television v. Espiritu, December 3, 2014

C. Classes of Employment
Labor Code: Arts. 293, 295-296
Omnibus Rules, Book VI, Secs. 5-6

Cases:

Probationary Employees
● Abbott Laboratories v. Alcaraz, July 23, 2013, April 22, 2014
● Philippine National Oil Company - Energy Development Corporation v.
Buenviaje, June 29, 2016
● Umali v. Hobbywing Solutions, Inc., March 14, 2018
● Skyway O & M Corporation v. Reinante, August 28, 2019

Regular and Casual Employees


● Kimberly Clark Phils. v. Secretary, November 23, 2007
● Rowell Industrial Corporation v. CA, March 7, 2007
● PLDT v. Arceo, May 5, 2006
● Paragele v. GMA Network, Inc. July 13, 2020
● Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007
● The Peninsula Manila v. Alipio, June 17, 2008
● Samonte v. La Salle Greenhills, Inc., February 10, 2016
● Basan v. Coca-cola, February 4, 2015

Project Employees
● Poseidon Fishing v. NLRC, February 20, 2006
● Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005
● Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC, March 30,
2011
● Gadia v. Sykes Asia, January 28, 2015
● Pasos v. PNCC, July 3, 2013
● Exodus International Construction v. Biscocho, February 23, 2011
● DM Consunji v. Gobres, August 8, 2010
● Malicdem v. Marulas Industrial Corp., February 26, 2014
● E. Ganzon, Inc. (EGI) and Eulalio Ganzon v. Ando, Jr., February 20, 2017
● Herma Shipyard, Inc. v. Esguerra, April 17, 2017

Seasonal Employees
● Benares v. Pancho, April 29, 2005
● Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005
● Gapayao v. Fulo, June 13, 2013
● Ramiro Lim & Sons v. Guilaran, February 5, 2019

Field Personnel
● Benares v. Pancho, April 29, 2005
● Dasco v. PHILTRANCO, June 29, 2016

Teachers and Professors


● Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009
● St. Mary’s University v. CA, March 8, 2005
● University of St. La Salle v. Glaraga, June 10, 2020
● Son v. University of Sto. Tomas, April 18, 2018

Conditional Employment Contract


● Sagun v. ANZ Global Services and Operations (Manila), Inc. August 22, 2016

Common questions

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The Union Security Clause has significant implications for employees' rights by requiring union membership as a condition for employment or continued employment. It strengthens the union's bargaining power but can limit individual employee freedom in choosing to associate with the union. For employer-employee dynamics, it creates a more unified employee front in collective bargaining, potentially increasing the union's leverage. However, it may also lead to tension if employees resist compulsory union membership. Overall, while enhancing collective strength, it necessitates careful balancing of collective rights and individual freedoms .

The Telecommuting Law impacts working conditions by formalizing remote work arrangements and requiring employers to provide the same rights and protections to telecommuting employees as those who work on-site. Benefits include increased flexibility and work-life balance for employees and access to a wider talent pool for employers. However, challenges arise in managing productivity, ensuring data security, and maintaining effective communication. Employers may also face difficulties in monitoring work hours and performance remotely, and employees might experience isolation or distractions from working at home .

The determination of the Exclusive Bargaining Representative impacts labor relations by identifying the single body authorized to negotiate on behalf of employees within a bargaining unit. This eliminates fragmented representation and strengthens the collective bargaining process by consolidating negotiation efforts under one entity. It can improve the efficiency and outcomes of negotiations but also requires careful adherence to jurisdictional requirements to ensure the representative genuinely reflects employee preferences. This process can enhance worker solidarity and focus collective labor efforts within an organization .

The principle of non-diminution of benefits protects employees by ensuring that once a benefit, such as wages or bonuses, has been granted, it cannot be unilaterally withdrawn or reduced by the employer. This principle maintains stability in the employees' compensation packages and fosters employer-employee trust. Legal implications for failing to uphold this principle include claims for violation of employment terms, and employers may be required to reinstate the withdrawn benefits and potentially pay damages. This creates a safeguard against arbitrary changes in compensation by holding employers accountable to previously established terms .

Voluntary arbitration plays a crucial role in the dispute resolution process by providing an alternative to traditional litigation that is often faster, less formal, and more adaptable to the needs of the parties involved. It allows disputing parties to select their arbitrator, who is typically an expert in the industry or issue at hand, ensuring a more informed and relevant decision. Advantages over litigation include reduced legal costs, quicker resolution times, confidentiality, and the ability to tailor proceedings to specific needs. Arbitration fosters a cooperative atmosphere that can preserve business relationships better than adversarial court processes .

The Employees Compensation Program plays a significant role by providing medical benefits, income payments, and rehabilitation services to workers who sustain work-related injuries or illnesses. It interacts with social security benefits by complementing them, offering additional safety nets for employees beyond standard social security coverage. For instance, it provides compensation for wage loss and medical expenses not fully covered by other benefits. This dual-layered approach ensures comprehensive support for workers facing health issues related to their employment. The program's integration with social security benefits strengthens overall social welfare support for the workforce .

Migrant workers face challenges such as exploitation by recruitment agencies, misleading job offers, and lack of awareness of worker rights. Pre-employment challenges include unfair contracts and inadequate legal protections in host countries. Existing labor laws, such as those mandating fair recruitment practices and specific protections for migrant workers, attempt to counter these issues by regulating agencies, ensuring transparency in job offers, and providing legal aid. Laws also focus on preventive measures and compensation for grievances, aiming to protect migrant workers' rights and promote fair treatment globally .

The key tests used to determine an employer-employee relationship include the control test, the economic reality test, and the two-tiered test. The control test focuses on the employer's right to control both the means and methods of the work performed by the employee. The economic reality test examines the dependence of the worker on the business to which they render service, considering factors such as investment, opportunity for profit or loss, and permanency of the relationship. The two-tiered test combines elements of both the control test and other factors, such as the nature of the work and the relationship's context, including whether the work performed is integral to the business. These tests are often applied together to ascertain whether the criteria of an employer-employee relationship are met .

Substantive grounds for termination under the Security of Tenure doctrine include just causes like serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, or commission of a crime. These grounds balance employer interests by allowing termination for legitimate business reasons while ensuring employee protections against unjust dismissal. Employers must provide evidence and follow due process for terminations, thereby preventing arbitrary dismissals and preserving the employee's right to security in their employment. This balance aims to protect both economic efficiency and job stability .

The Single Entry Approach is designed to resolve labor disputes quickly and efficiently by serving as an initial mandatory step before formal litigation. Its effectiveness lies in facilitating amicable settlements through mandatory conciliation-mediation, involving fewer procedural requirements, and reducing the time and resources spent on disputes. However, its success highly depends on the willingness of parties to compromise and the mediator's skill. While it can provide expedient resolutions and relieve docket congestion, some complex cases might still require formal adjudicatory forums for resolution .

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