Labor 1 Notes
Labor 1 Notes
The law governing the rights and duties of the employer and
employees
Labor Standards
The SC reaffirmed its concern for the lowly worker who, often at
the mercy of his employer must look up to the law for his
protection. Fittingly, the law regards him with tenderness and
even favor and always with faith and hope in his capacity to help
in shaping the nation’s future.
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.
S right to self-organization
C collective bargaining and negotiations
P peaceful concerted activities including
the right to strike in accordance
with law
T security of tenure
H humane conditions of work
L living wage
P participate in policy and decision-
making processes affecting their
rights and benefits as may be
provided by law.
Art. 3
Declaration of Basic Policy – The State shall afford protection to
labor, promote full employment, ensure equal work,
opportunities regardless of sex, race or creed, and regulate the
relations between workers and employers. The State shall
assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of
work.
Article 4
Er-Ee
Labor-only Contractor
Job Contracting
Desirable – Unnecessary
Coca-Cola Bottlers Phil., Inc. v. NLRC (99)
Employer – Employee
INDEPENDENT CONTRACTING:
Employer Determination
Seasonal Employees
REGULAR EMPLOYMENT
EXCEPT:
1. PROJECT EMPLOYMENT
Employment fixed on a specific project or undertaking,
completion or termination of which is DETERMINED AT THE
TIME OF ENGAGEMENT OF EMPLOYEE
Must have been forewarned of the name of the project and
the duration of the project
Whether or not th eproject has a direct relation to the
business of the employer, not important, BUT:
a. Employee MUST be informed of the name and duration of
the project
b. Project and the Principal business of employer are two
separate things
c. No attempt to deny Security of Tenure to worker
2. SEASONAL EMPLOYMENT
Work or services to be performed seasonal in nature,
employment is for the duration of the season
No continuing need for worker
CASUAL EMPLOYMENT
PROBATIONARY EMPLOYMENT
Termination of Employment
1. Just causes
Purpose:
1. Observance Period
- For the employer to know whether employee is qualified
- For the employee to demonstrate to the employer his skills
2. Restrictive
2. Proviso
actor – person or entity
act – offers, promises employment
Art. 35.
Suspension and/or cancellation of License or Authority – The
Secretary of Labor shall have the power to suspend or cancel any
license or authority to recruit employees for overseas
employment for violation of rules and regulations issued by the
Department of Labor, the Overseas Employment Development
Board, and the National Seamen Board, or for violation of the
provisions of this and other applicable laws, General Orders and
Letters of Instructions.
Art. 38
Illegal Recruitment –
Art. 34
Prohibited practices - It shall be unlawful for any individual,
entity, licensee or holder of authority: (CFGI-IEOF-SBW) or (CaFF
IndIE OFf SOW)
Non-resident Alien
4.02 Apprentice
Defined
Sec. 4 (j) (RA 7796)
“Apprenticeship” training within employment with compulsory
related theoretical instructions involving a contract between an
apprentice and an employer during an established period assured
by an apprenticeable occupation.
Apprenticeable Occupation
Qualification
Art. 72
Apprentices without compensation
The Secretary of Labor may authorize the hiring of apprentices
without compensation whose training on the job is required by
the school or training program curriculum or as a requisite for
graduation or board examination.
Art. 71
Deductibility of training costs - An additional deduction from
taxable income of one-half of the value of labor training expenses
incurred for developing the productivity and efficiency of
apprentices shall be granted to the person or enterprise
organizing an apprenticeship program provided such program is
duly recognized by the Department of Labor and Employment;
provided further that such deduction shall not exceed 10 percent
of direct labor wage; and provided finally that the person or
enterprise who wish to avail of this incentive should pay his
apprentices the minimum wages.
4.05 Learners
Defined
Allowed Employment
Art. 74
When Learners may be hired – Learners may be employed
when no experienced workers are available
the employment of learners is necessary to prevent curtailment
of employment opportunities, and
the employment does not create unfair competition in terms of
labor costs or impair or lower working standards.
Art. 75
Learnership agreement – Any employer desiring to employer
learners shall enter into a learnership agreement with them,
which agreement shall include:
Art. 76
Learners in piecework – Learners employed in piece or incentive
rate jobs during the training period shall be paid in full for the
work done.
C. Handicapped Workers
WAGE DISTORTION
Wage Distortion
2. Result:
Elimination OR severe contraction of intentional quantitative
wages/salary rates between or among employees
b. Unorganized Establishment
1. Employer and employee, with aid of National
Conciliation Mediation Board (NCMB) settles conciliation
mediation
2. NLRC – Compulsory Arbitration
NOTES:
Art. 100
Prohibition against elimination or diminution of benefits
Sec. 2:
Notwithstanding any law, rules and regulations to the
contrary, every MARRIED male employee in the private and
public sectors shall be entitled to a paternity leave of seven
(7) days with full pay FOR THE FIRST FOUR (4)
DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE
IS COHABITING. The male employee applying for paternity
leave shall notify his employer of the pregnancy of his legitimate
spouse and the expected date of such delivery.
For the purposes of this Act, delivery shall include childbirth or
any miscarriage.
Working Children
Art. 141
= all persons rendering services in households for compensation.
"Domestic or household services" shall mean service in the
employer's home, which is usually necessary or desirable for the
maintenance and enjoyment thereof and includes ministering to
the personal comfort and convenience of the members of the
employer's household, including services of family drivers.
13.02Househelpers
Art. 141
= all persons rendering services in households for compensation.
"Domestic or household services" shall mean service in the
employer's home, which is usually necessary or desirable for the
maintenance and enjoyment thereof and includes ministering to
the personal comfort and convenience of the members of the
employer's household, including services of family drivers.