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LABOR LAW Reviewer POQUIZ
LABOR LAW Reviewer POQUIZ
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
LABOR STANDARDS
-Minimum terms and conditions of employment relating to LIMITATION OF MANAGEMENT PREROGATIVES
1. Wages
1. Law
2. Hours of Work
2. Contract or CBA
3. Cost-of-Living allowance
3. General Principles of Fair Play and Justice
4. Other monetary and welfare benefit
Page 1 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
Page 2 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
FIELD PERSONNEL
A: They are:
1. Non-agricultural employees
2. Who regularly perform their duties
3. Away from the principal place of business or branch office of the employer; and
4. whose actual hours of work in the field cannot be determined with reasonable certainty.
b. Detention or service of sentence of spouse for a criminal conviction for at least 1 yr;
c. Physical and/or mental incapacity of spouse
d. Legal separation or de facto separation from spouse for at least 1 yr as long as he/she is entrusted with the custody
of the children;
e. Nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody
of the children;
f. Abandonment of spouse for at least 1 yr;
3. Unmarried mother/father has preferred to keep and rear his or her child/children instead of:
4. Any family member who assumes the responsibility of head of family as a result of the:
a. death,
b. abandonment,
c. disappearance or
d. prolonged absence of the parents or solo parent.
B. The above acts would impair the Ees rights or privileges under existing labor laws; or
C. The above acts would result in an intimidating, hostile, or offensive environment for the Ee.
VISITORIAL POWER
- this includes:
1. Access to employers records and premises at any time of the day or night, whenever work is being undertaken
2. To copy from said records
3. Question any employee and investigate any fact, condition or matter which may be necessary to determine violations or
which may aid in the enforcement of the Labor Code and of any labor law, wage order, or rules and regulation issued
pursuant thereto.
HAZARDOUS WORKPLACES
1. Nature of work exposes the workers to dangerous environmental elements, contaminants or work conditions
2. Workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea
fishing, and mechanized farming
3. Workers are engaged in the manufacture or handling of explosives and other pyrotechnic products
4. Workers use or are exposed to heavy or power-driven tools
PERSONS WHO CAN FILE A COMPLAINT FOR UNLAWFUL ACTS COMMITTED AGAINST CHILDREN
1. Offended party
2. Parents or guardians
3. Ascendants or collateral relatives within the 3rd degree of consanguinity
4. Officer, social worker or representative of a licensed child-caring institution
5. Officer or social worker of DSWD
6. Barangay chairman of the place where the violation occurred, where the child is residing or employed
Page 5 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
DOMESTIC/HOUSEHOLD SERVICE
1. Services in the Ers home
2. Usually necessary or desirable
3. For the maintenance and employment thereof
4. Includes ministering to the personal comfort and convenience of the members of the Ers household
5. Including services of family drivers
RIGHTS OF HOUSEHELPERS
- 1. Original contract of domestic service shall not last for more than 2 years but it may be renewed by the parties. (Art. 142)
2. Entitled to minimum wage in addition to lodging, food, and medical attendance. (Art. 144)
3. Employment contract should be reviewed every 3 years with the end view of improving the terms and conditions of
employment. (Art. 143)
4. SSS benefits for those who are receiving at least P1,000 per month. (Art. 143)
5. Non-assignment to a work in a commercial, industrial or agricultural enterprise at a wage or salary rate lower than that
provided for agricultural or non agricultural workers. (Art. 145)
6. Ees under 18 years of age shall be given opportunity for at least elementary education. The cost of education shall be part of the
HHs compensation, unless otherwise stipulated. (Art 146)
7. Should be treated in a just and humane manner. (Art. 147)
8. Not to be treated with physical violence (Art. 147)
9. Suitable and sanitary living headquarters as well as adequate food and medical attendance. (Art. 148)
10. Termination of employment should be
a. upon expiration of term of employment, or
b. based on just cause (Art. 149)
11. Indemnity for unjust termination of service
12. Employment certification as to nature and duration of service and efficiency and conduct of househelper.
LEARNERS
1. They are persons hired as trainees in semi-skilled and other industrial occupations
2. Which are nonapprenticeable and
3. Which may be learned through practical training on the job in a relatively short period of time
4. Which shall not exceed 3 months
5. Whether or not such practical training is supplemented by theoretical instructions. (Sec. 1a, Rule VII, Book II, IRR)
4. Vocational rehabilitation (means to develop the skills and potentials of disabled workers and enable them to compete in the
labor market)
5. Vocational guidance and counseling
RIGHTS OF CONTRACTUAL EE
- They shall be entitled to all the rights and privileges due to a regular Ee as provided in the LC, as amended to include the ff:
1. Safe and healthful working conditions
2. Service Incentive Leave, rest days, OT pay, holiday pay, 13th month pay and separation pay
3. Social security and welfare benefits;
4. Selforganization, CBA and peaceful concerted actions
5. Security of tenure (Sec. 8, DO 1802)
Page 7 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
1. The losses expected should be substantial and not merely de minimis in extent
2. The substantial loss apprehended must be reasonably imminent
3. It must be reasonably necessary and likely to prevent the expected losses
4. The alleged losses if already realized, and the expected imminent losses sought to be forestalled, must be proved by sufficient and
convincing evidence
RULES ON REINSTATEMENT
Order of Reinstatement+ strained relations =separation pay
Order of Reinstatement+ delay/unjust refusal to reinstate = Backwages,13th month plus other benefits subsists until reinstatement
or separation pay is paid
Order of Reinstatement+ EE found a new job= Er cannot refuse to reinstate the illegally dismissed Ee
Order of Reinstatement+ position no longer available = substantially equivalent position
Order of Reinstatement+ position no longer available + no substantially equivalent position available= Separation pay 1
month/year of service
(Grolier Intl Inc. v. ELA, G.R. No. 83523, Aug. 31, 1989)
Page 9 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
1.Voluntarily entered into with full understanding of what the employee is doing
2. Represents a reasonable settlement
3. By Agreement
Any foreign government, international organization, or their whollyowned instrumentality employing workers in the Phils.,
may enter into an agreement with the Phil. government for the inclusion of such Ees in the SSS except those already covered
by their respective civil service retirement systems.
Page 10 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
5. Such other services performed by temporary and other employees which may be excluded by regulation of the Commission.
Employees of bona fide independent contractors shall not be deemed employees of the employer engaging the service of
said contractors.
DEPENDENTS
1. The legal spouse entitled by law to receive support from the member;
2. The legitimate, legitimated, or legally adopted, and illegitimate child who:
a. Is unmarried,
b. Not gainfully employed, and
c. Has not reached 21 years of age, or if over 21 years of age, he is congenitally or while still a minor has been permanently
incapacitated and incapable of selfsupport, physically or mentally.
3. The parent who is receiving regular support from the member.
PRIMARY BENEFICIARIES
1. The dependent spouse until he or she remarries
2. The dependent legitimate, legitimated or legally adopted, and illegitimate children,: Provided, That the dependent
illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated or legally adopted children.
EEs ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR MUTUAL AID AND PROTECTION
The following enjoy the right to selforganization for mutual aid and protection:
1. Ambulant workers
2. Intermittent workers
3. Itinerant workers
4. Selfemployed people
5. Rural workers
6. Those without and definite Ers. (Art. 243)
REQUIREMENTS FOR VR
- The notice of VR shall be accompanied by the original copy and 2 duplicate copies of the following reqts:
1. Joint statement under oath of VR
2. Certificate of posting of joint statement for 15 consecutive days in at least 2 conspicuous places in the establishment of the
Page 12 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
bargaining unit
3. Certificate of posting
4. Approximate number of Ees in the bargaining unit and the names of those who supported the recognition
5. Statement that the labor union is the only LLO operating within the bargaining unit.
ARBITRATION INITIATION
1. Submission agreement
2. Demand notice
Page 13 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
ENFORCEMENT POWER
- It is the power of the SLE to:
1. Issue compliance orders
2. Issue writs of execution for the enforcement of their orders, except in cases where the employer (Er) contests the findings of
the labor officer and raise issues supported by documentary proof which were not considered in the course of inspection
3. Order stoppage of work or suspension of operation when noncompliance with the law or implementing rules and
regulations poses grave and imminent danger to health and safety of workers in the workplace
4. Require Ers to keep and maintain such employment records as may be necessary in aid to the visitorial and enforcement
powers
5. Conduct hearings within 24 hours to determine whether:
a. An order for stoppage of work or suspension of operations shall be lifted or not; and
b. Er shall pay employees concerned their salaries in case the violation is attributable to his fault. (As amended by RA
7730; Guico v. Secretary, G.R. No. 131750, Nov.16, 1998)
Page 14 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino
1. Visitorial powers
2. Enforcement powers
3. Appellate or power to review
CHARACTERISTICS OF A STRIKE
1. Existence of an ErEe relationship
2. Existence of a labor dispute
3. Employment relation is deemed to continue although in a state of belligerent suspension
4. Temporary work stoppage
5. Work stoppage is done through concerted action
6. The striking group is a legitimate labor organization; in case of a bargaining deadlock, it must be the employees sole
bargaining representative
TYPES OF STRIKE
1.Economic strike used to secure the economic demands such as higher wages and better working conditions for the workers
2. ULP strike protest against ULP of management
FORMS OF STRIKE
1. Legal Strike
2. Illegal Strike
3. Economic Strike
4. ULP Strike
5. Slow Down Strike
6. WildCat Strike
7. Sit Down Strike
Page 15 of 16
For I know the plans I have for
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law. you, declares the LORD, plans to
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing prosper you and not to harm you,
this to anyone who may benefit from it. plans to give you hope and a
future. Jeremiah 29:11
For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
[email protected]/09225543123 Rofylyn L. Lagundino