Cada

Social justice heja

pwp ai mese CE

Constitutional provision

Anti age discrimination

Aim of labor laws is social justice

Basis or foundation of labor law is

police power of the State

The normal working 8 hours

was made by virtue of the

police power of the State

Declaration of Principles and

state polices in relation to labor

Learn how to compose questions so you will know how to answer questions.

Sept 13 6
57pm

overtime pay only available

is

when sanctioned by employer

Ee cannot liberally render OT

Health personnel

No agreement no compressed workweek

1.

2. No. Employment relationship is determined by law and not by contract as ruled in Insular Life v.
NLRC.

3.

4. The five constitutional provisions related to labor are the following:

a.) The State affirms labor as the primary social economic force. It shall protect the right of the
workers and promote their welfare.

b.) The State shall promote social justice in all phases of national development.

c.) The right of the people, including those employed in the public and private sectors, to form
unions, associations and societies, for purposes not contrary to law shall not be abridged.

d.) No person shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the laws.

e.) The State shall afford full protection to labor, local or overseas, organized or unorganized, and
promote full employment and equality of employment for all.

The State shall guarantee the right of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike, in accordance with the law.
They shall be entitled to security of tenure, humane conditions of work, and living wages. They shall
also participate in the policy and decision making affecting their rights and benefits as may be
provided by law.

 The State shall promote the principle of share responsibility between workers and employers and
the preferential use of voluntary modes of settling disputes, including conciliation, and shall enforce the
mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing their right to
its just share in the fruits and production and the rights of enterprises of return to investments, and to
expansion and growth.

5. The difference between labor standards, labor relations and social legislations are the following:

a.) Labor standards provides the minimum standards of employment. Labor relations regulates
the relations between the employer and employee. Social legislations are laws passed by the State to
promote public welfare.

b.) While labor standards and labor relations are labor laws which directly affect employment, on
the other hand, social legislation governs effects of employment.

c.) Labor standards and labor relations focuses on the rights of the employee, but social
legislations focuses on a segment of a society.

6. Citing the case of Calalang vs. Williams, Social Justice is neither communism, nor anarchy, no
depotism not atomism bu the humanization of the laws and the equalization of the social economic
force by the State so that justice in its rational and objectively secular concept may at least be
approximated. Social justice means the promotion of the welfare of all the people, the adoption by the
government of measures calculated to insure economic stability of all competent elements of society,
through the proper maintenance of economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through adoption of measures legally justifiable, or extra-
contitutionally, by exercising the powers underlying the existence of all government of the time honor
principle of salus populi est supreme lex.

In catalang Williams social justice

rs is

neither communism nor

anarchy nor

depotism atomism but the

nor

humanization of laws and the

equalization of the Social economic

Force by the state so justice in its

rational and objectively secular concept

may at least be approximated

Social justice means the promotion

of the welfare of all the people

the adoption by the government of


l y g g

measures calculated to insure economic

stability of competent elements of the

society through the maintenance of

economic and social equilibrium the in

interrations

of the members of society

constitutionally through the adoption of

measures legally justifiable extra or

by exercising the

constitutionally powers
underlying the existence of

governments

the time honored principle of sans

or

populi est suprema lex

7.

8.

9. The principle of co-determination provides that workers shall participate in the policy and decision
making process affecting their rights and benefits as may be provided by law.

10.The doctrine of imputed knowledge teaches that knowledge of the agent is knowledge of the
principal.

An agent cannot be held liable for the acts of is principal under the theory of imputed knowledge
because the theory applies to the knowledge of the agent in relation to the principal. The knowledge of
the principal cannot be imputed to its agent.

11.The filing of a case for illegal recruitment is not a bar to a subsequent filing of Estafa against the
same perpetrator.

It is a hermeneutic rudiment in criminal law that the filing of a special penal law does not bar a filing of
a felony under the Revised Penal Code as the elements and nature of the crimes are different.

Illegal recruitment is a mala prohibita whereby, the mere recruitment without authority is punishable by
law. On the other hand, Estafa is a mala in se. It is wrong by the very nature of deceit.

Hence, the filing of a case for illegal recruitement is not a bar to a subsequent filing of Estafa against
the same perpetrator.

12. Direct hire is the process of directly hiring Filipinos abroad without authority from the POEA and
without processing the terms and conditions of employment with the said agency. While name hiring
by which a Filipino secures a job abroad where it’s terms and conditions of employment is reviewed
and process by POEA.

As an exception, a diplomatic corps can directly hire Filipino workers.

13. Illegal recruitment is defined as any recruitment activities including the prohibited practices
enumerated under Article 34 of the Labor Code undertaken by non-licensees or non-holders of
authority. Illegal recruitment under RA 8042 as amended shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers and includes referring, whether for profit
or not, when undertaken by non-licensee or non-holder of authority.

As to nature. Illegal recruitment pertains to illegal recruitment activities enumerated by law. Large-scale
illegal recruitment pertains to the number of persons or victims illegal recruited. Whereas, Syndicated
illegal recruitment pertains to the number of illegal recruiters as offenders.

14.

15. Learners as employees of the company are entitled to the benefits of the labor standards because
the State guarantees the security of tenure of every employee.

Learners and Apprentices may be distinguised as follows:

1. As to nature. Learnership is training of the job in semi-skilled and other industrial occupation or
trades which are non-apprenticeable and which may be learned through practical training on the
job in a relatively short period of time. Apprenticeship, on the other hand, is training in trades which
are apprenticeable, which is, practical training on the job supplemented by related theoretical
instruction for more than 3 months.

2. As to duration of training. Learnership is not more than 3 months, while Apprenticeship takes not
less than 3 months of training but not more than 6 months.

3. As to commitment to employ. In learnership, there is commitment to employ as a regular employee

if the learner desires but only after the period of learnership. In apprenticeship, there is no
commitment to hire.

4. As to pre-termination of contract. If the learner is terminated, without his fault, after 2 months, he is
considered as a regular employee. For apprentices, they are not considered as a regular
employees.

5. As to coverage, learnership covers semi-skilled industrial occupation. While apprenticeship covers

highly technical industries and only in industrial occupation;

16.

17. A PWD is a person whose earning capacity is impaired by reason of physical deficiency, age, injury,
disease, mental deficiency and illness.

A PWD shall be paid not less than 75% of the applicable minimum wage, even if employed as a learner
or apprentice.

18. PWDs are entitled to labor standard benefits because the labor laws and other social legislation,
and even the Constitution, protect the rights of workers.

19. PWDs are eligible for apprenticeship or learnership provided their disability will not effectively
impede the performance if job operations in the particular occupations in which they are hired.

20.

21. The instances recognized under the Labor Code of acts of the employer that is considered
discriminatory against women are th following:

a. Discrimination in pay;

b. Discrimination in employment opportunity;

c. Discrimination in hiring;

d. Discrimination in dismissal;

e. Stipulating as a condition or continuation of employment that a woman employee shall not get
married, otherwise, she shall be deemed resigned or separated; and

f. Dismissing or otherwise prejudice a woman employee by reason of her being married.

22. The minimum wage prescribed by law of PWD is shall not be less than 75% of the applicable
minimum wage, except when the PWD is a qualified handicap. In which case, such employee shall
receive 100% of the applicable minimum wage rate.

23. Facilities include those articles or services that benefits the employee and his family; for example,
rice, housing, recreational facilities, medical treatment, electricity, water, meals and snacks.

Supplements on the other hand are extra remunerations or benefits given by the employer to the
employee over and above their ordinary earning and wages, such as vacation leave pay, overtime pay
in excess of the regular rate, death benefits, and family allowances.

Facilities may be distinguished from supplements as follows:

a. As to wages. Facilities form part of wages while supplements are not;

b. As to deductibility. Facilities are deductible from wages while supplements are not; and

c. As to benefit. Facilities are for the benefit of the worker and his family. On the other hand,
supplements are for the benefit of the employer.

24. As held in Benares v. Pancho, seasonal employees are considered regular employees when there is
a repeated or continuing need of such employee’s performance as sufficient evidence of the necessity
or indispensability of that activity to the business.

25. Compressed work week is a scheme where the normal workweek is reduced to less than 6 days
but normal work of 48 hours a week shall remain.

The Supreme Court has held in the case of Linton Commerical vs. Hellera that a reduction of the
number of regular working days is valid where the arrangement is resorted to by the employer to
prevent serious losses due to causes beyond his control, such as when there is a substantial slump in
the demand for his goods or services or when there is a lack of raw materials.

26. Labor-only contracting may be distinguished from job contracting as follows:

a. In labor-only contracting, the employer-principal is treated as directly employer of the contractor’s

employees in all instances. On the other hand, in job contracting, the employer-principal is merely an
indirect employer, by operations oflaw, of his contractor’s employees.

b. In labor-only contracting, the statute creates an employer-employee relationship for a

comprehensive purpose, while in job contracting, the law creates an employer-employee relationship
for a limited pupose.

c. In labor-only contracting, the principal becomes solidarily liable with the contractor not only for
unpaid wages but also for all the rightful claims of the employees under the Labor Code and ancillary
laws. Whereas, in job contracting, the principal becomes solidarily liable. The liability however does not
extend to the payment of the backwages or separation pay of employees who are illegally dismissed.

d. Labor-only contracting is prohibited by law. Job contracting is allowed by law.

e. The presence of substantial capital or investment is required in job contracting. However, in labor-
only contracting, there is absence of substantial capital or investment.

27. A person is considered engaged in legitimate job contracting or subcontracting if the following
conditions concur:

1. The contractor or subcontractor carries on a distinct and independent business and undertakes to
perform the job, work or service on its own account and under its own responsibility according to
its own manner and method, and free from the control and direction of the principal in all matters
connected with the performance of the work except as to the results thereof;

2. The contractor or subcontractor has substantial capital or investment; and

3. The Service Agreement ensures compliance with all the rights and benefits for all the employees of
the contractor or subcontractor under the labor laws.

28. Under the Labor Code, hours work is measured from the time an employee actually and regularly
commences his work for 8 hours.

Under the implementing rules and regulations Book III, Rule I, Sec. 5, waiting time shall be considered
compensable working time if:

a. Waiting is an integral part of this work;

b. The employee is required or engaged by the employer to wait; or

c. When employee is required to remain on call in the employer’s premises or so close tereto that he
cannot use the time effectively and gainfully for this own purpose.

29. Under the Labor Code, the provisions of this Rule shall apply to all employees in all establishments
and undertakings, whether operated for profit or not, except to those specifically exempted under
Section 2 hereof.

30.

SECTION 2. Exemption. — The provisions of this Rule shall not apply to the following persons if they
qualify for exemption under the conditions set forth herein:

(a) Government employees whether employed by the National Government or any of its political
subdivision, including those employed in government-owned and/or controlled corporations;

(b) Managerial employees, if they meet all of the following conditions:

(1) Their primary duty consists of the management of the establishment in which they are employed or
of a department or sub-division thereof.

(2) They customarily and regularly direct the work of two or more employees therein.cralaw

(3) They have the authority to hire or fire employees of lower rank; or their suggestions and
recommendations as to hiring and firing and as to the promotion or any other change of status of other
employees, are given particular weight.

(c) Officers or members of a managerial staff if they perform the following duties and responsibilities:

(1) The primary duty consists of the performance of work directly related to management policies of
their employer;

(2) Customarily and regularly exercise discretion and independent judgment; and

(3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists
of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute
under general supervision work along specialized or technical lines requiring special training,
experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks;
and

(4) Who do not devote more than 20 percent of their hours worked in a work week to activities which
are not directly and closely related to the performance of the work described in paragraphs (1), (2) and
(3) above.

(d) Domestic servants and persons in the personal service of another if they perform such services in
the employer's home which are usually necessary or desirable for the maintenance and enjoyment
thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the
members of his employer's household.

(e) Workers who are paid by results, including those who are paid on piece-work, "takay," "pakiao" or
task basis, and other non-time work if their output rates are in accordance with the standards
prescribed under Section 8, Rule VII, Book Three of these regulations, or where such rates have been
fixed by the Secretary of Labor and Employment in accordance with the aforesaid Section.cralaw

(f) Non-agricultural field personnel if they regularly perform their duties away from the principal or
branch office or place of business of the employer and whose actual hours of work in the field cannot
be determined with reasonable certainty.

31. The following are exemptions from the prohibition of wage deduction:

a. Where the worker is insured with his consent by the employer;

b. For union dues, in cases where the right of the worker or his union to check off has been recognized
by the employer or authorized in writing by the individual worker concerned;

c. Deductions for value of meals and facilities freely agreed upon;

d. In cases where the employee is indebted to the employer where such indebtedness has become
due and demandable;

e. In court awards, wages may be subject of execution or attachment, but only for debts incurred for
food, shelter, clothing, and medical attendance;

f. Taxes withheld pursuant to the Tax Code;

g. Deductions for SSS, PhilHealth, and PAG-IBIG premiums;

h. Deductions for loss or damage;

i. Deductions made with the written authorization of the employee for payment to a third person;

j. Deductions as disciplinary measures for habitual tardiness; and

k. Agency fees.

32. DOCTRINE OF SUBORDINATE LEGISLATIONPower to promulgate rules and regulations is only

limited to carrying into effect what is provided in the legislative enactment.

Pangasinan Transportation vs. The Public Service Commission, permitting the delegation of greater
powers by the legislative and vesting a larger amount of discretion in administrative and executive
officials, not only in the execution of the laws, but also in the promulgation of certain rules and
regulations calculated to promote public interest

33. In engaged to wait, waiting is an integral part of the job; the time spent waiting is compensable,
while in waiting to be engaged, idel time is not working time; it is not compensable.

34. A license is a document issued by DOLE authorizing a person or entity to operate a private
employment agency. On the other hand, authority is a document issued by DOLE authorizing a person
or association to engage in recruitment and placement activities as a private recruitment entity.

When one is given a license, one is also authorized to collect fees. Unlike a license, an authority does
not entitle a private recruitment entity to collect fees.

35. Regular holiday may be distinguished from special holiday as follows:

a. If unworked, a regular holiday falling on a work day is compensable subject to certain conditions.
however, special holiday is never compensable.

b. If worked, the rate in regular holiday is 200% of the regular rate, while in special holiday, there is only
an additional compensation of 30% of the regular wage thereof.

c. There are only 12 holidays provided in the Labor Code while there is no specific number on special
holidays.

The following are the regular holidays:

New Year’s Day;

Araw ng Kagitingan;

Maundy Thursday

Good Friday;

Labor Day;

Independence Day;

National Heroes Day;

Eidl Fitr;

Eidl Adha;

Bonifacio Day;

Christmas Day;

Rizal Day

36.

37 same with 33.

38. Under Article 85 of the Labor Code, every employer shall give his employees not less than 60
minutes or 1 hour time-off for regular meals. As ruled in Sime Darby Pilipinas, Inc., v. NLRV Since the
employees are no longer required to work during this one-hour lunch break, there is no more need for
them to be compensated for this period.

Waiting time is compensable when it is considered as working time provided that 1.) waiting is an
integral part of this work, 2.) The employee is required or engaged by the employer to wait, or 3.) when
employee is required to remain on call in the employer’s premises or so close thereto that he cannot
use the time effectively and gainfully for his own purpose. (IRR, Book III, Rule I, Sec. 5)

39. Attendance at lectures, meetings, trainings, programs and similar activities are counted as working
time when:

a. Attendance is within the employee’s working hour’s;

b. Attendance is in fact involuntary; and

c. The employee performs productive work during such attendance.

40.The State affirms labor as the primary social economic force. It shall protect the right of the workers
and promote their welfare.

41. According to the biography of Blas F. Ople as may be found in the Senate Archives, he is the father
of the Labor Code. The writing of the labor code began under the leadership of then Minister of Labor,
Mr. Blas Ople, who is regarded as the “Father of the Labor Code”.

42. The current regular wage are as follows:

REGION MWR (PHP)

NCR 537.00

CAR 320.00

REGION I 340.00

REGION II 360.00

REGION III 400.00

REGION IV-A 400.00

REGION IV-B 320.00

REGION V 310.00

REGION VI 365.00

REGION VII 386.00

REGION VIII 315.00

REGION IX 316.00

REGION X 365.00

REGION XI 396.00

REGION XII 311.00

REGION XIII 320.00

ARMM 80.00

43.

44. The benefits of the expanded Maternity Law under R.A. 11210 are the following:

a. 105 paid leave for live birth;

b. 7 days leave transferable to fathers;

c. 15 days additional paid leave for Solo Parents under RA 8972;

d. 30 days additional leave without pay (Optional);

e. 60 days paid leave for miscarriage and emergency termination of pregnancy.

44. an increase in the national minimum wage produces a value-added tax effect on consumer prices
that is more regressive than a typical state sales tax and allocates benefits as higher earnings nearly
evenly across the income distribution. These income-transfer outcomes sharply contradict portraying
an increase in the minimum wage as an antipoverty initiative.