REDUCED COVERAGE OF LABOR LAW
Bar 2022
POINTERS
Benedict Guirey Kato
Labor Arbiter
Law Professor & Bar Reviewer
Member: UP Law Center Panel of Experts in Labor Law
Author
MCLE Lecturer
______________
Confucius says:
You already know the 300
from which
the 3 will come!
Bar 2022
Fr. Ranhilio C. Aquino
1. When subjects are crunched into fewer titles, then each
question becomes more dense, more comprehensive in scope because
the aim in test construction is to cover as wide a ground as possible.
2. Every item becomes almost unbearably weighty because the
statistical spread is considerably narrowed. Educators use a Table of
Specifications to determine the even distribution of questions or the
relative weight of questions vis-a-vis importance of the topic, section or
chapter.
3. There is greater uncertainty about the system of grading
because an examiner is virtually unrestrained in regard to scoring an
answer that is multi-pronged and comprehensive. It is very well possible
that an item is graded poorly because some point the examiner may
have wished emphasized is not as articulated as the others, even if these
latter were competently answered. That is the reason that in test
construction, it is advised that the same subject-matter is examined by
multiple items.
2
1 Area 3
4
5 in 1
X Co. adopted a policy against the use of mobile phones at work.
On the day it adopted it, it implemented it for the reason that
production had to be maximized by getting its workers focused on
their jobs. Two workers were dismissed for violating the policy.
Consequently, the union petitioned to nullify the policy before the
RTC for being unconstitutional. The union claimed that it was not
consulted before subject policy was adopted and implemented in
violation of the Principle of Participation enshrined in Sec. 3, Art. XIII
of the Constitution.
(a) What is the Principle of Participation? (2%)
(b) What is the extent of workers’ right to participate in the
adoption of company policies? (3%)
(c) Is X Co’s employment policy valid? Explain. (3%)
(d) Does the RTC have jurisdiction over the union’s petition?
Explain. (2%)
I
General Principles
Meaning Applicability Application
% % %
The Union’s position is not tenable.
Workplace democracy, founded on the Principle
of Participation (Sec. 3, Art. XIII, Constitution), applies
when the policy in question affects workers’ rights,
benefits and welfare only (PAL Ruling). Decision to
merge, being a purely business matter, is not subject
to workers’ right to participate.
Therefore, being outside the contemplation of the
constitutional guarantee, the company’s decision to
merge with another company does not require prior
consultation with the Union.
Basic Principles
on Interpretation
How to An-SAR Questions
Submission
S
The Union’s position is not tenable.
Argument
Workplace democracy, founded on the Principle of Participation
A (Sec. 3, Art. XIII, Constitution), applies when the policy affects
workers’ rights, benefits and welfare only. Decision to merge, being
a purely business matter, is not subject to workers’ right to
participate.
Re-Submission
R Therefore, being outside the contemplation of the constitutional
guarantee, the company’s decision to merge with another company
does not require prior consultation with the Union.
The Union’s position is not tenable.
Workplace democracy, founded on the Principle
of Participation (Sec. 3, Art. XIII, Constitution), applies
when the policy in question affects workers’ rights,
benefits and welfare only (PAL Ruling). Decision to
merge, being a purely business matter, is not subject
to workers’ right to participate.
Therefore, being outside the contemplation of the
constitutional guarantee, the company’s decision to
merge with another company does not require prior
consultation with the Union.
PRINCIPLES:
CONSTITUTIONAL PROVISIONS
Sec. 1, Art. III
(Sameer)
Sec. 12, Art. XII Sec. 14, Art.
(Galera Case) II
(Halaguena)
Sec. 3, Art.
XIII Sec. 9, Art. Others
II
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.
. . .
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.
UP Law Center
Coverage
Extent
Salient Principles
Features
Guarantees
The Full Protection Clause
Constructive Dead But Vis-a-Vis
Notice Rule Retired
Equal
The Mesa The Protection
Case Bernadas Clause
Case (Bar 2003)
MESA CASE: CLAIMS RULES
Constructive Notice Rule
• Filing of funeral benefits claim with the SSS gave
constructive notice to the SSS/EC that the
claimant was claiming death benefits under the
ECA (AREC).
Liberal interpretation Rule/Utmost
Liberality Rule
• EC/AREC claims must be liberally construed to
accord relief to the workingman.
X Co. adopted a non-contributory retirement plan that guaranteed
retirement benefits above statutory levels to employees with at least 30 years of
service or who reached 55, whichever came first. The plan did not require prior
written application. Denver, the day after celebrating his 30th anniversary as a
company driver with a modest merienda gathering at the parking lot where he
announced to his fellow drivers his intention to retire early, succumbed to
Omicron. After his cremation, his widow referred his case to a lawyer who wrote
management demanding for the payment of Denver’s retirement benefits. The
company refused the demand on the ground that Denver had not applied for
early retirement and that he had died on his supposed benefit. The lawyer then
lectured the Legal Department of X Co. on the meanings of the Full Protection
Clause and Social Justice Clause which, according to him, both favored his
widowed client. In the meantime, just after inurnment, the widow filed a claim
for funeral benefits with the SSS.
(a) Assuming the widow’s lawyer was not Atty. Godan, how should
he have explained above clauses in his letter? (5%)
(b) Should the widow be paid Denver’s retirement benefits under
the plan? (5%)
(c) Can the widow claim death benefits from the Employees
Compensation Commission (ECC) after three (3) years following
her husband’s death?
II
EMPLOYER-EMPLOYEE RELATIONSHIP
Tests
1. Four-Fold Test
1.1. Labor Law Concept of Control
1.2. Other Types of Control
2. Economic Reality Test
3. Economic Dependence Test
Non-Tests
1. Art. 295 (Gison Case)
2. Art. 83 (Legend Hotel Case)
3. Art. 97 (Legend Hotel Case)
Types
1. Actual EER (Intel vs NLRC)
2. Contractual EER (American Power Conversion Corp. vs
Lim)
3. Statutory EER
3.1. Art. 106
3.2. Art. 219
Talents: From 2004 Sonza Case to 2020 Del Rosario Case
Independent
Employee
Contractor
Who What
How Selection How
Why Wage Test
What
Test
Dismissal Control Who
Twin-
Powers
Test Test What
Other Relationships
Independent Contractorship
.
Intra-corporate Affair
. Ecclesiastical Affair (Amari)
Agricultural Tenancy Relationship
EMPLOYER-EMPLOYEE RELATIONSHIP
QUESTION OF FACT
Principle of Primacy of Facts
(Labor Advisory 14, s. 2021)
QUESTION OF LAW
EMPLOYER-EMPLOYEE RELATIONSHIP
LBC
Selection
Salary
RIDER Dismissal
Control
Customer Customer
1 2
Consignee
JOB CONTRACTING
Service Agreement
SHOPEE DELIVERY SERVICE PROVIDER
Warehouse
Motorbikes
Salary
Monitor
Employment Contract
DELIVERY RIDER
Customer
JOINT-VENTURE
McDo
GRAB Owns Mortorbike
App Rider Provides Purchase Money
Gives Percentage to App
Owner
Customer
EER
Actual Statutory Contractual 219
CE
Join Ee Strike
82
Employer-Employee Relationship
Q: Facts (Worker) Facts
(a) Legal Tie
i. Independent Contractor
ii. Corporate Officer
iii. Partner
iv. Party to Joint Venture
v. Employee
(b) Rights
i. Labor Standards (MOM GF WPD)
ii. Join an LO (Union Security Clause)
iii. Vote in a CE (ELVOT)
iv. Participate in a Strike (Terminated, 3
requisites)
v. SSS (Purely Casual)
III
TERMINATION OF EMPLOYMENT
Right to Security of Tenure: Forms of Violation
1. Illegal Dismissal
1.1. Direct Dismissal
1.2. Constructive Dismissal (Concept)
2. Illegal Demotion
2.1. Positional Downgrade (Orchard Case)
2.2. Salary Downgrade
3. Illegal Transfer
3.1. Lateral Transfer
3.2. Scalar Transfer
Fact of a Dismissal
1. Employer-Employee Relationship
2. Complete Severance
2.1. Temporary Suspension (Art. 301)
2.2. Preventive Suspension
2.3. Lockout
2.4. On Leave Without Pay
2.5. No work No Pay (D.O. 215-20)
3. Overt Act
3.1. In Direct Dismissal
Notice
Barring
Tearing Time Card
3.2. In Constructive Dismissal
SICO (Art. 300)
Other Acts
General Return to Work Order (Padilla)
Beyond 3 months (DO 74)
Note: No Overt Act in FACE CR
1. Forced Closure
2. Abandonment
3. Completion of Project
4. Expiration of Contract
5. Compulsory Retirement
6. Resignation
FACT OF DISMISSAL
EMPLOYER-EMPLOYEE RELATIONSHIP
1 vs
OTHER RELATIONSHIPS
2
COMPLETE SEVERANCE
vs
TEMPORARY CESSATION OF WORK
OVERT ACT
3 vs
OTHER CAUSES OF LOSS OF EMPLOYMENT
Valid Dismissal
.
1. Regular Employees
1.1. Just Cause
2.
1.2.
2.1.
Authorized Cause
Probationary
Failure to Qualify
. .
2.2. Just or Authorized Cause
3. Other Employees
Due Process .
1. Constitutional Due Process
2. Statutory Due Process
3. Contractual Due Process
De Jesus v Aquino
De Jesus v Aquino
Jaka
Serrano Agabon
Food
Illegal Dismissal: Relief
1. Immediate Reinstatement
1.1. Art. 229 vs Art. 230
1.2. Employer Options
1.3. Reinstatement Wages
1.4. Reinstatement Bars &
Separation Pay
Note: Dumapis Case
2. Backwages
2.1. Full Backwages
2.2. Limited Backwages
2.3. Withheld Backwages
Note: Return to Work sans Backwages
3. Separation Pay
4. Financial Assistance.
5. Damages
6. Attorney’s Fees
Illegal Dismissal: Relief
1. Immediate Reinstatement
1.1. Art. 229 vs Art. 230
1.2.
1.3.
Employer Options
Reinstatement Wages .
1.4. Reinstatement Bars & Separation Pay
Note: Dumapis Case
2. Backwages
2.1.
2.2.
Full Backwages
Limited Backwages
.
2.3. Withheld Backwages
.
Note: Return to Work sans Backwages
3. Separation Pay
4. Financial Assistance.
5. Damages
6. Attorney’s Fees
IV
JOB CONTRACTING
Trilateral Arrangements
1. Job Contracting
D.O. 74 Certificate of Registration
Other Indicators
2. Labor-Only Contracting
EE + CE1
EE + CE2
3. Prohibited Apparent Job Contracting
Liabilities
1. Limited Solidary Liability
Note: Art. 109
2. Comprehensive Solidary Liability
Note: Merger of Legal Personalities
Other Trilateral Arrangements
1. Distributorship
2. Warehousing
ART. 106-109 (D.O. 174)
Mla Memorial Park Cemetery, Inc.
vs
Lluz,N et al
( 2016)
V
RIGHTS OF MEMBERS AND OF LABOR ORGANIZATIONS
Rights of Members (Art. 250)
Political
Economic
Information
Participation
Rights of Legitimate Labor Organizations (Art. 251)
Note: Certification Election, Characteristics
1. Mode of Verification
2. Investigative
DOUBLE MAJORITY RULE
• Valid CE
• CE Winner
Rank-n-File CBU
Non-ELVOT
1. Non-Employees
(a) Workers supplied by JCs
(b) Independent Contractors
#3 NonNon STLC
2. Non-CBU Members
(a) Supervisors
(b) Confidential Employees
3. CBU Members on Company Payroll for Less Than 3 Months
4. Terminated Employees
(a) Not by reason or on the occasion of ULP or current labor
dispute;
(b) With substantially equivalent and permanent positions already;
and
(c) Have not contested their dismissals before a forum of
appropriate jurisdiction
5. Subversives , Legal Secretaries, Corporate Secretaries
CE DETAILS
ABC Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 R-n-F
Less: Non-ELVOT . . . . . 100
ELVOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900
CASVOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900
Less: Invalid Votes . . . . . 20
VALVOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880
Union A . . . . . . . . . 400
Union B . . . . . . . . . 241
Union C . . . . . . . . . 239
No Union . . . . . . . . 0
WINNER: No Winner because the winning vote is 441, or
majority of VALVOT.
1. PAL Case: Retention Criteria in Retrenchment
2. Merger: In Personam
3. Closure: No Work No Pay Alternative (Pandemic)
Note: D.O. 215-20
Types
(Navarra Case)
Modes of Commission
Distinct Impression Rule
(Darvin Case)
License
(Ocden Case)
Defenses
Failed Defenses
Successful Defenses
PEME
Non-Exploratory
1
WORK-CONNECTION
Disease - Sec. 32-A
Injury - ICO
DISABILITY
Grade Taok List Grade
10 DEATH 1
2
EFFECTIVITY OF
CONTRACT
Exception: Medical Repatriation
THIRD PHYSICIAN RULE
120 240
VIII
LABOR STANDARDS REMEDIES
Types of Labor Standards Law
Remunerative
Protective
Powers of the SOLE/RD
1. Visitorial and Enforcement Power
Jurisdiction
Conferment (Art. 128)
Acquisition (Notice of Inspection)
Exercise (Over Establishments)
Closure and Suspension: Replacement
Wages
Compliance Order
Motion for Reconsideration (D.O. 183-17)
Appeal
Period
Appeal Bond
Motion to Reduce Appeal Bond (D.O. 183-17)
2. Adjudicatory Power
Jurisdiction
Simple Money Claims
Complaint
Judgment
Appeal
Period
Appeal Bond
Motion to Recue Appeal Bond (D.O. 183-17)
Visitorial Power vs Adjudicatory Power
1.Ouster of Jurisdiction
2.Appeal
3.Closure & Suspension
4.Acquisition of Jurisdiction
5.Exercisability
Ejusdem Generis
Ejusdem Generis
LABOR PROCEDURE
SC
CA
Error of Jurisdiction & Equity Jurisdiction
BLR SOLE NLRC
232 Review & Assumption Grounds
Barles v. Bitonio Suspension Review 225 (c)
Supervision(Heritage) Injunction
Med-Arb RD LA VA
CE Validity & EBR Cert. 224 274
Direct Attack Rule Sec. 7, RA 10022 Express Stipulation,
Prejudicial Questions 128 129 POEA-SEC 275 (Vivero)
Res Judicata Closure (Marcopper) NLRC Rules Acquisition
(Chris Garments) Appeal, Res Judicata, Ouster Checklist Rule (Art. 267, Tabigue)
CR Cancellation Restitution Guagua Ruling
Kasambahay-Talents-Learners
REASONABLE CAUSAL CONNECTION RULE
&
SOLE REFERENCE TO LABOR LAW RULE
RCC RULE
+ SRLL RULE
Source Reference to LL
Employer-Employee Relationship Identity of Labor Law
vs. (Halaguena v PAL; Carag v NLRC)
Other Relationships Labor Issue
(Meralco v Lim)
Milan v NLRC
J Leonen
Preliminary Jurisdiction
1. Labor Dispute (Lim)
2. Civil Dispute (Milan)
Dispute 3. Intra-corporate Dispute (Cosare)
4. Ecclesiastical Dispute (Amari)
1. Right recognized by law or contract;
2. Correlative obligation to respect the right;
CoA 3. Act or omission violating the right; and
4. Legal injury
1. Remedy
2. Venue and Jurisdiction
Remedy 3. Anteceden/s t (SEnA Request)
4. Judgment, Appeal and Execution
Q: After 8 years of engagement as a community relations officer,
working 4 hours daily only and receiving monthly talent fees per his
contract, Jess was notified that his services were no longer needed by
the ABW Mining Co. He then filed a complaint for illegal dismissal , also
alleging non-payment of 13th month pay, service incentive leave pay and
holiday pay, with the LA. In his position paper, he added non-payment of
overtime pay. In its own position paper, the company raised these
defenses: (1) lack of employer-employee relationship evidenced by the
stipulations of the engagement contract on hours of work and
compensation; (2) non-entitlement of an independent contractor, which
Jess allegedly was, to mandatory employee benefits; and (3) overtime
pay, assuming Jess was entitled thereto, could not be belatedly included
as a cause of action in his position paper without violating NLRC
procedural rules.
(a) Does the LA have jurisdiction? (3%)
(b) What are the tenurial and remunerative issues to be
resolved? State them in interrogative mode. (2%)
(c) Resolve both issues in not more than 5 simple sentences
per issue. (5%)
Q: After 8 years of engagement as a community relations officer,
working 4 hours daily only and receiving monthly talent fees per his
contract, Jess was notified that his services were no longer needed by
the ABW Mining Co. He then filed a complaint for illegal dismissal , also
alleging non-payment of 13th month pay, service incentive leave pay and
holiday pay, with the LA. In his position paper, he added non-payment of
overtime pay. In its own position paper, the company raised these
defenses: (1) lack of employer-employee relationship evidenced by the
stipulations of the engagement contract on hours of work and
compensation; (2) non-entitlement of an independent contractor, which
Jess allegedly was, to mandatory employee benefits; and (3) overtime
pay, assuming Jess was entitled thereto, could not be belatedly included
as a cause of action in his position paper without violating NLRC
procedural rules.
Bearing in mind the tenurial , remunerative and procedural
issues raised, resolve. (10%)
Confucius says:
去科达尔
He means:
Read Your Codal!
GOOD LUCK!!!
