Labor Law Reviewer Chan Robles.pdf
Cari Teter
Sincethe labor laws of the country were codified in the Seventies during myincumbency as Labor Secretary, the Labor Code has undergone a series ofrevisions both by acts of the legislature and by executive fiat. Takenwith the numerous labor and social legislations bearing upon the fieldof labor and employment as well as the myriad rules implementing theLaborCode and related laws, the subject could be utterly confusing andrathercomplicated.
Throughthe years, it has been noted that only very few annotations andcommentarieshave been written on the Labor Code. This is unfortunate consideringitssignificance and impact on the lives of millions comprising thebackboneof our nation. This book by Atty. Joselito Guianan Chan is certainly awelcome addition to the sparse bibliography on the Labor Code.
Likea master craftsman, Atty. Chan has carefully sifted through the mazeofexisting and old laws, rules and regulations and other executiveissuancesand jurisprudential precepts, to "separate the grain from thechaff,"so to speak, to bring us to the crux of things. He has intricatelywovenall these materials into a smooth-flowing and compelling discussion ofthe current status of the law and its intricacies, correlated with allrelevant topics.
Intreating the more difficult or doubtful questions of the law, heprovidesus with incisive analysis and in-depth discussion of the legal issuesathand, with appropriate reference to the leading and latest judicialprecedents,supplemented with a glimpse of the legislative history of theprovisionsunder consideration, whenever necessary.
Since its last revision in 2000, a number of significant statutes affecting labor law have been enacted. Important decisions changing certain well-ensconced doctrines have likewise been enunciated by the Supreme Court, most noteworthy of which is the Agabon rule which was promulgated in November, 2004.
Additionally, several major issuances have been made by the President and the other agencies of government tasked to implement and enforce labor laws. For instance, the President has issued Executive Order No. 204 on May 05, 2005 delegating to the Secretary of Labor and Employment the power to exercise administrative supervision over the NLRC. The Secretary of Labor and Employment, for her part, has also promulgated several edicts, most notable of which is Department Order No. 40-03 in 2003 amending the implementing rules of Book V of the Labor Code. For its part, the NLRC has changed its rules in 2002 and the NCMB has revised its procedural guidelines in the conduct of voluntary arbitration proceedings in late 2004.
This latest edition is dedicated to the memory of the late Blas F. Ople, the Father of the Labor Code, who graciously wrote the Foreword to this book in 1996. I cannot repay the precious time he gave up to go over the manuscript of its first edition. Indeed, I am bound in lasting gratitude.
a) Full protection to labor;b) Promotion of full employment;c) Promotion of equal work opportunities regardless of sex, race or creed;d) Regulation of the relations between workers and employers;e) Protection of the rights of workers to: 1. self-organization; 2. collective bargaining; 3. security of tenure; and 4. just and humane conditions of work.
a) Full protection to labor, local and overseas, organized and unorganized;b) Promotion of full employment;c) Promotion of equality of employment opportunities for all;d) Guarantee of the rights of all workers to: 1. self-organization; 2. collective bargaining and negotiations; 3. peaceful concerted activities, including the right to strike in accordance with law; 4. security of tenure; 5. humane conditions of work; 6. a living wage; 7. participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.e) Promotion of the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.f) Regulation of the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.
a. DOUBTS OR AMBIGUITIES IN LABOR CONTRACTS such as employment contract and collective bargaining agreement (CBA);b. DOUBTS OR AMBIGUITIES IN EVIDENCE in labor cases..C.CONSTITUTIONAL AND CIVIL CODE PROVISIONSRELATING TO LABOR LAW
This provision is invoked by the Supreme Court when it affirms the interest, rights and welfare oflabor. Example: When the SC nullifies a patently illegal provision in an employment contract or whenit invalidates a Quitclaim executed by a worker because of unconscionably low consideration.
UPDATED LAST-MINUTE PRE-WEEK NOTES FOR THE 2019 BAR EXAM IN LABOR LAW Prof. Joselito Guianan ChanCHAN ROBLES ONLINE BAR REVIEWchanroblesbarSELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
What are the categories of foreign nationals EXEMPTED from securing AEP? a members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government; b. Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines; c. Owners and representatives of foreign principals whose companies are accredited by the POEA, who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad; d. Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government, provided that the exemption is on a reciprocal basis; e. Permanent resident foreign nationals and probationary or temporary resident visa holders under Section 13 (a- f) of the Philippine Immigration Act of 1940 and Section 3 of the Alien Social Integration Act of 1995 (R. 7917) ; f. Refugees and Stateless Persons recognized by DOJ pursuant to Article 17 of the UN Convention and Protocol Relating to status of Refugees and Stateless Persons; and
4. What is the coverage of the Holiday Pay Rule? Who are exempted employees? As a general rule, the holiday pay benefit is applicable to all employees. The following, however, arenot covered by this benefit as they are considered exempted employees: 1 employees, whether employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws; 2 of retail and service establishments regularly employing less than ten (10) workers; 3. Kasambahay and persons in the personal service of another; 4 employees, if they meet all of the following conditions: 4.1 primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof; 4.2 customarily and regularly direct the work of two or more employees therein; and 4.3 have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to hiring, firing, and promotion, or any other change of status of other employees are given particular weight. 5 or members of a managerial staff, if they perform the following duties and responsibilities: 5.1 perform work directly related to management policies of their employer; 5.2 and regularly exercise discretion and independent judgment; 5.(a) Regularly and directly assist a proprietor or managerial employee in the management of the establishment or subdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, special assignments and tasks; and 5.4 not devote more than twenty percent (20%) of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs 5, 5, and 5 above.
Government employees, whether employed by the National Government or any of its political subdivisions, includingthose employed in government-owned and/or controlled corporations with original charters or created under speciallaws;Persons in the personal service of another;Managerial employees, if they meet all of the following conditions:Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof;They customarily and regularly direct the work of two or more employees therein; andThey have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as tohiring, firing, and promotion, or any other change of status of other employees are given particular weight.Officers or members of a managerial staff, if they perform the following duties and responsibilities:Primarily perform work directly related to management policies of their employer;Customarily and regularly exercise discretion and independent judgment;(a) Regularly and directly assist a proprietor or managerial employee in the management of the establishment orsubdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized ortechnical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, specialassignments and tasks; andDo not devote more than twenty percent (20%) of their hours worked in a workweek to activities which are not directlyand closely related to the performance of the work described in paragraphs 4, 4, and 4 above;Field personnel and those whose time and performance are unsupervised by the employer, 2 including those who areengaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing workirrespective of the time consumed in the performance thereof; 3Those already enjoying this benefit;Those enjoying vacation leave with pay of at least five (5) days; andThose employed in establishments regularly employing less than ten (10) employees. 4Are KASAMBAHAYS entitled to SIL?
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