SYLLABUS FOR THE

2020 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION

Notes: All Bar candidates should be guided that only laws with their respective
amendments and canonical doctrines pertinent to these topics as of June 30, 2019
will be covered in the 2020 Bar Examinations, except when provided in this
syllabus. Principles of law are not covered by the cut-off period.

I. FUNDAMENTAL PRINCIPLES

A. Legal Basis
1. 1987 Constitution
2. Civil Code
3. Labor Code
B. State policy towards labor
1. Security of tenure
2. Social justice
3. Equal work opportunities
4. Right to self-organization and collective bargaining
5. Construction in favor of labor
6. Burden of proof and quantum of evidence

II. RECRUITMENT AND PLACEMENT

A. Definition of recruitment and placement

B. Regulation of recruitment and placement activities
1. Regulatory authorities
a. Philippine Overseas Employment Administration
b. Regulatory and visitorial powers of the Department of Labor and
Employment Secretary
2. Ban on direct hitting
3. Entities prohibited from recruiting
4. Suspension or cancellation of license or authority
5. Prohibited practices
C. Illegal Recruitment
1. Elements
2. Types
3. Illegal recruitment as distinguished from estafa
D. Liability of local recruitment agency and foreign employer
1. Solidary liability
2. Theory of imputed knowledge 
E. Termination of contract of migrant worker
F. Employment of non-resident aliens

III. LABOR STANDARDS

A. Conditions of employment
1. Hours of work
a. Principles in determining hours worked and employees exempted or
not covered
b. Compensable Time
i. Normal hours of work
ii. Night shift differential
iii. Overtime work
(a) Compressed work week
(b) Built-in overtime
c. Non-compensable hours; when compensable
i. Meal break
ii. Power interruptions or brownouts
iii. Idle time
iv. Travel time
v. Commuting time
vi. Waiting time
2. Rest periods
3. Service Charge
B. Wages
1. Definition, components, and exclusions
a. Wage vs. salary
b. Distinguish: facilities and supplements
c. Bonus, 13th month pay
d. Holiday pay
2. Principles
a. No work, no pay
b. Equal pay for equal work
c. Fair wage for fair work
d. Non-diminution of benefits
3. Minimum wage
a. Payment by hours worked
 b. Payment by results
4. Payment of wages
5. Prohibitions regarding wages
6. Wage determination
a. Wage order
b. Wage distortion
C. Leaves
1. Labor Code
a. Service incentive leave
2. Special laws
a. Parental leave for solo parents
b. Expanded maternity leave
c. Paternity leave
d. Gynecological leave
e. Battered woman leave
D. Sexual harassment in the work environment
1. Definition
2. Duties and liabilities of employers
3. Applicable laws:
a. Sexual Harassment Act
b. Safe Spaces Act
E. Working conditions for special groups of employees
1. Apprentices and learners
2. Disabled workers
a. Equal opportunity
b. Discrimination on employment
c. Incentives for employers
3. Gender
a. Discrimination
b. Stipulation against marriage
c. Prohibited acts
d. Facilities for women
e Women working in night clubs, etc.
4. Minors
5. Kasambahays
6. Homeworkers
7. Solo parents
8. Night workers
9. Migrant workers
10. Security guards
 IV. POST-EMPLOYMENT

A. Employer-employee relationship
1. Tests to determine existence
2. Legitimate subcontracting as distinguished from labor-only contracting
a. Elements
b. Trilateral relationship
c. Liabilities
3. Kinds of employment
a. Regular
b. Casual
c. Contractual
d. Project
e. Seasonal
f. Fixed-term
g. Probationary; private school teachers
B. Termination by employer
1. Requisites for validity
a. Substantive due process
i. Just causes
ii. Authorized causes
b. Procedural due process
2. Preventive suspension
3. Illegal dismissal
a. Kinds
i. No just or authorized cause
ii. Constructive dismissal
(a) Burden of proof
(b) Liability of officers
(c) Reliefs from illegal dismissal
4. Money claims arising from employer-employee relationship
5. When not deemed dismissed; employee on floating status
C. Termination by employee
1. With notice to the employer
2. Without notice to the employer
3. Distinguish voluntary resignation and constructive dismissal
D. Retirement

V. LABOR RELATIONS
A. Right to self-organization
1. Who may or may not exercise the right
a. Doctrine of necessary implication
2. Commingling or mixture of membership
3. Rights and conditions of membership
a. Nature of relationship
i. Member-Labor union
ii. Labor union federation
(a) Disaffiliation
(b) Substitutionary doctrine
B. Bargaining unit
C. Bargaining representative
1. Determination of representation status
D. Rights of labor organizations
1. Check off, assessment, agency fees
2. Collective bargaining
a. Duty to bargain collectively
b. Collective Bargaining Agreement
i. Mandatory provisions in a Collective Bargaining Agreement
E. Unfair labor practices
1. Nature, aspects
2. By employers
3. By labor organizations
F. Peaceful concerted activities
1. By labor organization
a. Strike
i. Valid strikes as distinguished from illegal strikes
b. Picket
2. By employer
a. Lockout
3. Assumption of jurisdiction by Secretary of Labor and Employment
a. Industry indispensable to the national interest
b. Effects of assumption of jurisdiction

VI. MANAGEMENT PREROGATIVE

A. Discipline
B. Transfer or employees
C. Productivity standards
D. Bonus
E. Change of working hours
F. Bona fide occupational qualifications
G. Post-employment restrictions
H. Marriage between employees of competitor-employers

VII. SOCIAL LEGISLATION

A. Social Security System Law

1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
B. Government Service Insurance System Law
1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
C. Limited Portability Law
D. Disability and death benefits
1. Labor Code
2. Employees Compensation and State Insurance Fund
3. Philippine Overseas Employment Administration-Standard Employment
Contract
E. Solo Parents
F. Kasambahay
G. Agrarian Relations
1. Concept of agrarian reform
2. Existence and concept of agricultural tenancy
3. Rights of agricultural tenants
4. Concept of farmworkers
H. Universal Health Care
1. Policy
2. Coverage
3. National Health Insurance Program

VIII. JURISDICTION AND REMEDIES

A. Labor Arbiter
1. Jurisdiction of the Labor Arbiter as distinguished from the Regional
Director
2. Requirements to perfect appeal to National Labor Relations Commission
 3. Reinstatement and/or execution pending appeal
B. National Labor Relations Commission
C. Court of Appeals
D. Supreme Court
E. Bureau of Labor Relations
F. National Conciliation and Mediation Board
1. Jurisdiction
2. Conciliation as distinguished from mediation
3. Preventive mediation
G. Department of Labor and Employment Regional Directors
1. Jurisdiction
2. Recovery and adjudicatory power
H. Department of Labor and Employment Secretary
1. Jurisdiction
2. Visitorial and enforcement powers
3. Power to suspend effects of termination
4. Remedies
I. Voluntary Arbitrator
1. Jurisdiction
2. Remedies
J. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses under the Labor Code
5. Illegal recruitment

LIST OF RELEVANT LAWS AND ISSUANCES

I. THE 1987 CONSTITUTION

II. LAWS AND RULES OF PROCEDURE

Pres. Decree No. 442 – Labor Code of the Philippines

Rep. Act No. 386 – Civil Code of the Philippines Articles 1700-1703
Rep. Act No. 8042 – Migrant Workers and Overseas Filipinos Act of 1995 as
amended by Rep. Act No. 10022
Rep. Act No. 9208 – Anti-Trafficking in Persons Act of 2003 as amended by Rep.
Act No. 10364 
Rep. Act No. 11227 – Handbook for OFWs Act of 2018 
Pres. Decree No. 626 – Amending Certain Articles of the Labor Code 
Pres. Decree No. 851 – 13th Month Pay Law
Rep. Act No. 11165 – Telecommuting Act 
Rep. Act No. 11210 – 105 Day Expanded Maternity Leave Law
Rep. Act No. 8187 – Paternity Leave Act of 1996 as amended by Rep. Act No.
11210
Rep. Act No. 8972 – Solo Parents’ Welfare Act as amended by Rep. Act No.
11210
Rep. Act No. 9710 – Magna Carta of Women
Rep. Act No. 6725 – Amending Art. 135 of the Labor Code Re: Prohibition on
Discrimination Against Women
Rep. Act No. 9262 – Anti-Violence Against Women and Their Children Act of
2004 
Rep. Act No. 11313 – Safe Spaces Act 
Rep. Act No. 7610 – Special Protection of Children Against Abuse, Exploitation
and Discrimination Act as amended by Rep. Act No. 9231 
Rep. Act No. 10361 – Batas Kasambahay 
Rep. Act No. 7877 – Anti-Sexual Harassment Act of 1995 
Rep. Act No. 7699 – Portability Law 
Rep. Act No. 6715 – New Labor Relations Law 
Rep. Act No. 6727 – Wage Rationalization Act 
Rep. Act No. 6971 – Productivity Incentives Act of 1990
Rep. Act No. 8282 – SSS Law 
Rep. Act No. 8291 – GSIS Law 
Rep. Act No. 11199 – Social Security Act of 2018 
Rep. Act No. 10801 – Overseas Workers Welfare Administration Act 
Rep. Act No. 11223 – Universal Health Care Act 
Rules of Court - Rules 45 and 65

III. ISSUANCES

Exec. Order No. 126 – Reorganization Act of the Ministry of Labor and
Employment 
DOLE Advisory No. 2, s. 2009 – Guidelines on the Adoption of Flexible Work
Arrangements 
DOLE Order No. 150, s.2016 – Revised Guidelines Governing the Employment
and Working Conditions of Security Guards and other Private Security Personnel
in the Private Security Industry 
POEA Memorandum Circular No. 010-10 – Amended Standard Terms and
Conditions Governing the Overseas Employment of Filipino Seafarers On-Board
Ocean-Going Ships 
Revised National Conciliation and Mediation Board Manual of Procedures for
Conciliation and Preventive Mediation Cases 2017 Edition