II. STATUTORY PROVISIONS ON LABOR
A. State Policies (Art. 3, PD 442, as amended)
B. Tilted Scale of Justice in favor of Labor (Art. 4, PD 442,
as amended)
C. Applicability of the Labor Code (Art. 6, PD 442,
as amended)
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III. EMPLOYMENT RELATIONSHIP
A. Definition of Employer and Employee
*Treatment to Managerial and Supervisory Employee
B. Commencement of employment relations
i. Employment as a Contract
ii. The law vs. The Agreement of parties
iii. The four-fold tests
C. Classes of employee
i. Regular vs. Casual (Art. 280)
* Desirability Test vs. Continued Rehiring Test
ii. Probationary vs. Regular (Art. 281)
iii. Project vs. Casual
* Philippine Village Hotel vs. NLRC, G.R.
No. 105033 February 28, 1994
iv. Special employees
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IV. THE MANAGEMENT RIGHTS AND PREROGATIVES
A. Extent and limitations (Tests of validity)
* Deles, Jr. vs. NLRC, G. R. No. 121348, March 9, 2000
B. Management Prerogatives Bordering Dismissal
Constructive Dismissal Defined
* Mendoza vs. Rural Bank of Lucban, G.R. No. 155421,
July 7, 2004
C. Prerogative to regulate and control all aspects
of employment
*PAL vs. NLRC, G.R. No. 115785, August 4, 2000
* Sime Darby Pilipinas, Inc. vs. NLRC, G.R. No. 119205,
15 April 1998
D. Prerogative to transfer employees
i. Test of validity
* Dusit Hotel Nikko vs. NUWHRAIN – Dusit Hotel
Nikko Chapter, G. R. No. 160391,August 9, 2005
ii. Transfer as a Standard Procedure vs. Transfer
as a penalty
iii. Incidents affecting transfer
E. Prerogative to promote
i. Promotion Defined
F. Prerogative to Discipline and related rights
G. Other prerogatives encompassed to the Business
Judgment Rule
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V. THE RIGHTS OF WORKERS
A. Right to Self-organization, collective bargaining
and negotiations
* Limitations to Managerial and Supervisory employees
* The concept of Company Union
* The concept of Management as a By-Stander
* The Concept of unfair labor practice
B. Right to join in peaceful concerted activities including the
right to strike in accordance with law
* The concept of lock-out
C. Security of tenure (Art. 279)
D. Right to have humane conditions of work and a living wage
E. Right to participate in policy and decision making
processes affecting their rights and benefits
ii. Employees’ right vs. Management prerogative
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MODULE 2 – Employee Discipline
(1:30pm – 5:30pm)
B. Procedural Due Process
i. First Notice Requirement
* Effect of Non-observance
ii. Hearing as a part of due process, Concept
C. Instances when First Notice is NOT Required
D. Substantial Due process
E. Termination by the Employer
i. Just Causes (Art. 282)
iii. Authorized Causes (Art. 284)
iv. Other Business causes
*End of Contract/Project; Notice to DOLE
* Manansag v. NLRC, 218 SCRA 722 (1993)
* Participation in illegal strike; Union officer vs. Member
F. Four Instances of Dismissals; Effects
G. Constructive Dismissal
i. The Concept of 6 months “floating” status
ii. Demotion and/or diminution of benefits
ii. Suspension as a penalty, effect
iii. Period of preventive suspension, validity
iv. When preventive suspension amounts
to constructive dismissal
v. Effect when the preventively suspended worker is found to be innocent
I. Tips on Employee Discipline
ii. Employee with repeated absences
iii. Unproductive employee
v. End of probationary employment
vi. Refusal to receive Notice
vii. Labor case as a pre-empt to investigation
viii. When employee’s act constitute a criminal offense
J. Incidence after Termination
i. Clearance/Turn Over of company properties
ii. Terminated Employee’s entitlement
iii. The concept of “Financial Assistance”
