2018 Labor Pre – Week Notes.docx

2018 Pre – Week Notes Labor Laws and Social Legislations Atty. Cecilio D. Dka! "d.D. Labor Standards Laws Labor standards refers to the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowance and other monetary and welfare benefits, including occupational, safety and health standards (Batong ( Batong Buhay Gold Mines, Inc., vs. Dela Serna, et. al., G.R. No. 86963, ugust 6, !999". They are covered by Books I to I of the Labor !ode" Labor #elations Law #a$or relations relations la%s are the laws, rules and regulations which govern the relationship between employees and their employers, promote the right of the employees to self#organi$ation and collective bargaining, penali$e unfair labor practice, and provide modes for the settlement of labor disputes such as conciliation, mediation, grievance machinery, voluntary arbitration and compulsory arbitration" They are covered by Books  % II of the Labor !ode" Social Legislations Legislations Social legislations are laws, rules, and regulations that promote welfare of all sectors of society" Social Social #egislati #egislation on includes includes laws that provide particular particular kinds of protectio protection n or benefits benefits to the society, society, in furthe furtheran rance ce of social social &ustic &ustice" e" 'ot all social social legisl legislati ations ons are labor labor laws" laws" #a$o #a$orr la%s la%s directly directly affect affect employment they directly govern effects of employment" ll labor laws are social legislations" But not all social legislations are labor laws" Constrction in $a%or o$ labor ll doubts in the implementation and interpretation of the provisions of this !ode, including its implementing rules and regulations, shall be resolved in favor of labor" The liberality of law in favor of the working man and woman still prevails and the official agency charged by law to implement the constitutional guarantee of social &ustice should adopt a liberal attitude in favor of the employee in deciding claims for compensability, especially in light of compassionate policy toward towards s labor labor which which the )*+ )*+ !onsti !onstitut tution ion vivifi vivifies es and enhanc enhances" es" (-mplo (-mployee yees. s. !ompe !ompensa nsatio tion n !ommission vs" !ourt of ppeals, /"0" 'o" )1)232, )3 'ovember )**4, 143 5!0 13+6 Cor&orate '$$icers are not co%ered by t(e Labor Code 5ection 12 of the !orporation !ode plainly states that the corporate officers are the 7resident, 5ecretary, Treasurer and such other officers as may be provided for in the By#Laws" 8hoever are the corporate officers enumerated in the by#laws are the exclusive 9fficers of the corporation and the Board has no power to create create other 9ffices 9ffices without amending amending first first the corporate corporate By#laws" By#laws" &Matling Industrial 'or(oration vs. 'oros, )cto$er !3, *+!+" P'"A :nder -xecutive 9rder 'o" * (;ay ), )*+16 and -xecutive 9rder 'o" 13 (-"9" 'o" 136, the 79- 79- was was esta establ blis ishe hed d and and mand mandat ated ed to assu assume me the the func functi tion ons s of the the 9v 9ver erse seas as -mpl -mploy oyme ment nt rans ction )verseas 'or(oration, vs. Secretary o- #a$or, G.R. No. !+983, Se(te/$er , !9901 )oney Clai*s o$ '+W 8e reiter reiterate ate our findin finding g in 5erran 5errano o v" /allan /allantt ;ariti ;aritime me that that limit limiting ing wages wages that that should should be recovered by an illegally dismissed overseas worker to three months is both a violation of due process and the equal protection clauses of the !onstitution" The money claims of 9?8 whose contract is prematurely terminated is reimbursement of placement fees plus )1@ interest per annum and the salary for the unexpired portion of the contract" (5ameer 9verseas 7lacement vs" !abiles, ugust 2, 1=)36

Atty. Atty. Cecilio D. Duka, Ed,D.

1

Trusted by over 1 million members

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions! Start Free Trial Cancel Anytime.











#ates o$ '+W #e*ittance 5eamen and mariners % +=@ of the basic salary, !onstruction companies and their workers % =@ of the basic basic salary salary,, 7rofe 7rofessi ssiona onall worker workers s (e"g" (e"g" doctor doctors, s, nurses nurses,, engine engineers ers,, teache teachers6 rs6 whose whose employment contracts provide for free board and lodging % =@ of the basic salary, 7rofessionals 7rofessionals without free board and lodging % 2=@ of the basic salary, salary,










Conseences o$ Con%iction $or ,llegal #ecrit*ent )" 1" D"

automa automati tic c revo revocat cation ion of the licens license e or author authority ity &rt. 39e1"A 39e1"A forf forfei eitu ture re of the the cas cash h and and sur suret ety y bon bonds ds &rt. 39e1"A 39e1"A conv convic icti tion on for the the crim crime e of estaf estafa, a, if foun found d guil guilty ty ther theref efor or"" &4eo(le &4eo(le o- the 4hili((in 4hili((ines es vs. 'alon5o, G.R. Nos. !!!+7, Se(te/$er *0, !996"

Prescri&tion o$ action $or illegal recrit*ent Illegal recruitment cases under this ct shall prescribe in five (26 yearsF 7rovided, however, That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (1=6 years" &Section !*, Re(u$lic ct 8+*" Doctrine o$ ,*&ted nowledge

The theory of imputed knowledge ascribes the knowledge of the agent, to the principal, employer not the other way around" around " The knowledge knowledge of the principal#foreign employer cannot, therefore, be imputed to its agent" &Sunace International International Manage/ent Inc. vs. N#R', G.R. No. !6!00, anuary *, *++6" A&&rentice A&&rentice n a((rentice is a((rentice is a worker who is undergoing training for an approved apprenticeable occupation covered by a written apprenticeship agreement with an individual employer" employer" A&&renticeable A&&renticeable 'cc&ation 'cc&ation n a((renticea$le occu(ation means means any trade, trade, form form of employ employmen mentt or occupa occupatio tion n which which requires more than three (D6 months of practical training on the &ob supplemented by related theoretical instruction" #eire*ents $or an a&&rentice )" ;ust at least least be )2 years years old as 5ection 5ection )1 %  of 0epubl 0epublic ic ct 'o" *1D) *1D) prohib prohibits its the employment of minor below )2 years old, except those employed in entertainment business where a necessary permit is issued by the










Learners #earners refers #earners refers to persons hired as trainees in semi#skilled and other industrial occupations which are non#apprenticeable" Learnership programs must be approved by the Technical -ducation and 5kills










#les on *eal &eriods 0est periods or coffee breaks running from five (26 to twenty (1=6 minutes shall be considered as compensable working time" Thus, the eight#hour work period does not include the meal break" 'owhere in the law may it be inferred that employees must take their meals within the company premises" -mployees are not prohibited from going out of the premises as long as they return to their posts on time" 7rivate respondents act, therefore, of going home to take his dinner does not constitute abandonment" &4hili((ine ir ir #ines, Inc. vs. National #a$or Relations 'o//ission, G.R. No. !3*8+, or;ers? >or;ers? Statutory Statutory Monetary Bene-its Bene-its Dole Bureau o- >or;ing >or;ing 'onditions" )ont(ly &aid e*&loyees are not entitled to (oliday &ay











1" The employee employee must have been in the service for at at least ) year whether whether broken or continuous D" If unused the 2 days are p aid their cash equivalent at the end of the year 3" It covers all employees except the general exceptions and establishments already giving sick leavesGvacation leaves with pay for at least 2 days" Service charge If the establishments like hotel, motels, restaurants and the likes collect service charges andGor the customers give tips for their services the following rules must be observedF )" 5ervices#charges or compensation for service rendered 1" Tips are for the recognition for satisfactory or efficient service D" The service charges must be pooled 3" The amount collected is divided between the company ()2@6 and employees (+2@6 2" It shall be given twice a month with intervals of not more than )2 days 4" If discontinued, removed, or stopped, the average, share of the employees of their service charge or tips shall be integrated with their basic wage +acilities are dedctible $ro* wages












connected with the performance of his work except as to the results thereofA (b6 The contractor has substantial capital or investmentA and (c6 The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all labor and occupational safety and health standards, free exercise of the right to self#organi$ation, security of tenure, and social welfare benefits"&Ba$as benefits"&Ba$as vs. #oren5o Shi((ing, Dece/$er !, *+!+" De&art*ent 'rder No. 1;/! )arc( 1! 201; 5ubstantial capital refers to paid % up capital stocksGshares of at least five million pesos (7hp 2,===, 2,===,=== ==="== "==66 in the case case of corpor corporati ations ons,, partne partnersh rships ips and cooper cooperati atives vesAA in the case case of single single proprietorship, a net worth of at least five million pesos (7hp 2,===,==="==6 5ection D(l6, <"9" )3, s" 1=) "le*ents o$ labor – only contracting :nder the Labor !ode, two (16 elements must exist for a finding of labor#only contractingF (a6 the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and (b6 the workers recruited and placed by such persons are performing performing activiti activities es directly directly related to the principal business business of such employer" employer" &










1" the claimant is no longer employed and does not seek reinstatementA D" the aggregate money claim of each employee does not exceed 72,==="==" In the absence of any of the three (D6 requisites, the Labor rbiters have exclusive original &urisdiction over all claims arising from employer#employee relations, other than claims for employees compensation, social security, security, medicare and maternity benefits" &Bro;enshire Me/orial =os(ital, Inc., vs. Minister o- #a$or and 2/(loy/ent, et. al., G.R. No. 06*!, ceeds P000 But even if the amount amount of the claim exceeds exceeds 72,==="= 72,==="==, =, the claim is not on that that accoun accountt necessary removed from the 0egional










Paternity 4ene$it -#.A. 818; This benefit shall apply to the first four deliveries or miscarriage of the employee.s lawful wife with whom he is cohabiting" ?or this purpose, cohabiting refers to the obligation of the husband and wife to live together" together" 8here the spouses are not physically living together because of the work station or occupation, the male employee is still entitled to the paternity leave benefit" The leave shall be for seven (6 days, with full pay, consisting of basic salary and mandatory allowances fixed by the 0egional 8age Board, if any, provided that his pay shall not be less than the mandated minimum wage" vailment of the paternity leave may be after the delivery, delivery, without pre&udice to an employer.s policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (6 days for each covered delivery" delivery" &=and$oo; on >or;ers? Statutory Monetary Bene-its, (.38" A &olicy &ro(ibiting &ro(ibiting an e*&loyee $ro* (a%ing a relations(i& relations(i& wit( an e*&loyee o$ a co*&etitor co*&any is a % alid e>ercise o$ *anage*ent &rerogati%e /laxo /laxo has a right to guard its trade secrets, secrets, manufactur manufacturing ing formulas, formulas, marketing marketing strategies strategies and other confidential programs and information from competitors, especially so that it and stra are rival companies in the highly competitive pharmaceutical industry" industry" The prohibition against personal or marital relationships with employees of competitor companies upon /laxo.s employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company" In laying down the assailed company policy, /laxo only aims to protect its interests against the possibility that a competitor company will gain access to its secrets secrets and procedures" procedures" &Duncan ssociation o- Detail/an74G>) vs. Glao >ellco/e 4hili((ines, Inc., G.R. No. !6*99, Se(te/$er !0, *++" #e&blic #e&blic Act =;10 – )agna Carta o$ Wo*en -xpulsion and non#readmission of women faculty, due to pregnancy outside of marriage shall be outlawed" 'o school shall turn out or refuse admission to a female student, solely on the account of her having contracted pregnancy outside of marriage during her term in school" >5ection )D (c6K  woman woman employee having rendered continuous aggregate employment employment service of at least six (46 months for the last twelve ()16 months shall be entitled to a special leave benefit of two (16 months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders" &Section !8" #e&blic Act No. 10028 – Pro*otion o$ 4reast$eeding It is hereby mandated that all health and non#health facilities, establishments or institutions shall establish establish lactation lactation stations" stations" The lactatio lactation n stations stations shall be adequatel adequately y provided provided with the necessary necessary











"*&loy*ent o$ C(ildren !hildren below fifteen ()26 years of age shall not be employed except when a child works directly under the sole responsibility of hisGher parents or legal guardian and where only members of hisGher family are employed provided that hisGher employment neither endangers hisGher life, safety, health, and morals, nor impairs hisGher normal development, provided further that the parent or legal guardian shall provide the said child with the prescribed primary andGor secondary education" ?or purposes of this rticle, the term EchildE shall apply to all persons under eighteen ()+6 years of age" &Section age" &Section *, Re(u$lic ct No. 9*3!" 5ors o$ Work o$ a Working C(ild ()6  child below fifteen ()26 years of age may be allowed to work for not more than twenty (1=6 hours a week provided that the work shall not be more than four (36 hours at any given dayA(16  child fifteen ()26 years of age but below eighteen ()+6 shall not be allowed to work for more than eight (+6 hours a day, and in no case beyond forty (3=6 hours a weekA(D6 'o child below fifteen ()26 years of age shall be allowed to work between eight oclock in the evening and six oclock in the morning of the following day and no child fifteen ()26 years of age but below eighteen ()+6 shall be allowed to work between ten oclock in the evening and six oclock in the morning of the following day"&Section day" &Section 3, Re(u$lic ct No. 9*3!" #e&blic #e&blic Act No. 1071 – 4atas asa*ba(ay anuary )+, 1=)D" ll articles or provisions of !hapter III of 7residential










Labor #elations Law #a$or relations relations la%s are the laws, rules and regulations which govern the relationship between employees and their employers, promote the right of the employees to self#organi$ation and collective bargaining, penali$e unfair labor practice, and provide modes for the settlement of labor disputes such as conciliation, mediation, grievance machinery, voluntary arbitration and compulsory arbitration" They are covered by Books  % II of the Labor !ode" Co*&osition o$ t(e NL#C based on #. A. =7/; The 'ational Labor 0elations !ommission shall be composed of eight (+6 divisions with three memb member ers s whic which h shal shalll be chos chosen en only only from from amon among g the the nomi nomine nees es of the the %or; %or;er ers s and and e/(loyers organi5ations, organi5ations, respectively" The !hairman and the seven (6 members shall come from the public sector, with the latter to be chosen preferably from among the incumbent labor arbiters" The !ommission may sit en $anc or in eight (+6 divisions, each composed of three (D6 members" The !ommiss !ommission ion shall shall sit en $anc $anc only for purposes purposes of promulgat promulgating ing rules rules and regulations regulations governing the hearing and disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations" 9f the eight (+6 divisions, the -irst, second, third, -ourth, -i-th and sith divisions shall divisions shall handle cases coming coming from the National 'a(ital Region and other (arts o- #u5on, #u5on, the seventh and eighth divisions, cases -ro/ @isayas and Mindanao, Mindanao, respectively The divisions of the !ommission shall have exclusive appellate &urisdiction over cases within their respective territorial &urisdiction" A&&ointees A&&ointees to NL#C not sb9ect sb9ect to con$ir*ation con$ir*ation o$ t(e Co**ission Co**ission on A&&oint*ents A&&oint*ents












@ene The venue venue is the 0egion 0egional al rbit rbitrat ration ion Branc Branch h where where the compla complaina inant nt reside resides s or where where the principal office of the respondent(s6 employer is situated, at the option of the complainant - Sec. Sec. !e1, he *++ Revised Rules o- 4rocedure o- the National #a$or Relations 'o//ission" )oney Clai*s o$ '+Ws )==@ reimbursement of placement fees plus )1@ interest per annum plus the salaries for the unexpired unexpired portion portion of the contract" contract" &Sa/eer )verseas 4lace/ent gency vs. 'a$iles, ug. , *+!, Serrano vs. Gallant Mariti/e Services, Inc., March *, *++9" :risdiction o$ t(e 4L# )" “Inter-union “Inter-union disputes” or “representation disputes C which refer to cases involving petition for certification election filed by a duly registered labor organi$ation which is seeking to be recogni$ed as the sole and exclusive bargaining agent of the rank#and#file employees in the appropriate bargaining unit of a company, company, firm or establishment" 1" “Intra-union disputes” or “internal union disputes” which refer to disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by#laws of the union, including any violation of the rights and conditions of union membership provided for in the Labor !ode" 3(e NC)4 The !onciliation, mediation and voluntary arbitration functions of the Bureau of Labor 0elations (BL06 shall be absorbed by '!;B" It is an attached agency under the administrative supervision of the 5ecretary of Labor and -mployment" It is headed by an dministrator and 1










(c6 oluntary dissolution by the members &Re(u$lic ct No. 98!, May *, *++0" Re(u$lic ct No. 98!which 98!which lapsed into law on ;ay 12, 1== has effectively reduced to &ust three (D6 the grounds for the cancellation of registration of a legitimate labor organi$ation" :nder the old provisions of rticle rticle 1D*, there were ten grounds for the cancellation of union registration" )i>tre o$ e*&loyees in one nion is not a grond $or cancellation o$ its registration !learly then, for the purpose of de#certifying a union, it is not enough to establish that the rank# and#file union includes ineligible employees in its membership" 7ursuant to rticle 1D* (a6 and (c6 of the Labor !ode, it must be shown that there was misrepresentation, false statement or fraud in connection with the adoption adoption or ratificat ratification ion of the constitution constitution and by#laws by#laws or amendment amendments s thereto, thereto, the minutes minutes of ratification, or in connection with the election of officers, minutes of the election of officers, the list of voters, or failure to submit these documents together with the list of the newly elected#appointed officers and their postal addresses addresses to the BL0" &ir 4hili((ines 'or(oration vs. Bureau o- #a$or Relations, G.R. No. !39 une **, *++6" #eisites $or t(e %alidity o$ t(e s&ecial assess*ent )6 author authori$a i$atio tion n by a writt written en resol resoluti ution on of the ma&ori ma&ority ty of all the member members s at the genera generall membership meeting called for the purposeA 16 secretarys record of of the minutes of the meetingA and and D6 individual written authori$ation for check off duly signed by the employees concerned" (Ga$riel (Ga$riel vs. Secretary o- #a$or and 2/(loy/ent, G.R. No. !!99 !!99 March !6, *+++". "*&loyees w(o do not (a%e t(e rig(t to sel$










ordered to grant either backwages or financial assistance in the form of separation pay as a form of penalty" Thus, where reinstatement is ad&udged, the award of backwages and other benefits continues beyond the date of the Labor rbiter.s decision ordering reinstatement and extends up to the time said order of reinstatement is actually carried out" &)lvido, et. al. vs. 'ourt o- ((eals, G. R. Nos. !!!66 E 60, )cto$er !, *++0" Bnion Secrity Clase :nion :nion 5ecuri 5ecurity ty !laus !lause e # is a stipu stipulat lation ion contai contained ned in the !ollec !ollecti tive ve Bargai Bargainin ning g greem greement ent whereby the employer undertakes to recogni$e the right of the union who negotiated the !B to to maintain and protect its membership by imposing certain terms and conditions in hiring employees and retention of employment" Co**on 3y&es o$ Bnion Secrity Clases !losed shop, :nion shop, ;aintenance of membership clause, agency shop, preferential shop agreement" :risdictional &reconditions in bargaining ()6 7ossession 7ossession of the status of ma&ority ma&ority representati representation on by the employees employees represent representative ative in accordance with any of the means of selection andGor designation provided for by the Labor !odeA (16 proof of ma&ority representationA and (D6 a demand to bargain under rticle 12), paragraph (a6, of the 'ew Labor !ode" &ssociated #a$or nions &#" vs.










principle of inviolability of contracts guaranteed by the !onstitution, the contract must be upheld" &Rivera, et. al. vs. 2s(iritu, G.R. No. !30, anuary *3, *++*" 3(e ">clsi%e 4argaining Stats Cannot o 4eyond +i%e Eears In the event however, that the parties, by mutual agreement, enter into a renegotiated contract with a term of three (D6 years or one which does not coincide with the said five#year term and said agreement is ratified by ma&ority of the members in the bargaining unit, the sub&ect contract is valid and legal and therefore, binds the contracting parties" The same will however not adversely affect the right of another union to challenge the ma&ority status of the incumbent bargaining agent within sixty (4=6 days before the lapse of the original five (26 year term of the !B" &<@' #a$or nion74hili((ine nion74hili((ine rans(ort and General General >or;ers >or;ers )rgani5at )rgani5ation ion vs. Sa/a7Sa/a Sa/a7Sa/ang ng Nag;a;aisa Nag;a;aisang ng Manggaga%a Manggaga%a Sa <@'7Sol <@'7Solidar idarity ity )- Inde(endent and General #a$or )rgani5ations, G.R. No. !06*9, Nove/$er *0, *++9" Sbstittionary doctrine 5tated otherwise, the EsubstitutionaryE doctrine only provides that the employees cannot revoke the validl validly y execut executed ed collec collectiv tive e bargai bargaini ning ng contra contract ct with with their their employ employer er by the simple simple expedi expedient ent of changing their bargaining agent" nd it is in the light of this that the phrase Esaid new agent would have to respect said contractE must be understood" It only means that the employees, thru their new bargaining agent, agent, cannot cannot renege renege on their their collec collectiv tive e bargai bargainin ning g contra contract, ct, except except of course course to negoti negotiate ate with with management for the shortening thereof" 4argaining Bnit  $argaining  $argaining unit is is Ea group of employees of a given employer, comprised of all or less than all of the entire body of employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law"C &International School lliance lliance o- 2ducators vs. Juisu/$ing, G.R. No. !*88, une !, *+++" 3est in deter*ining t(e a&&ro&riate bargaining nit











become the sub&ect of a valid notice of strike or lockout" The principal purpose is to ensure stability in the relationship of the workers and the management &National 'ongress o- nions in the Sugar Industry o- the 4hili((ines &N'SI4" E '4 vs. raano, raano, G.R. No. #7608, (ril !+, !99*" 'ne – year bar rle G "lection year bar  certification certification election cannot be held within one ()6 year from the date of issuance of declaration of a final certification election result" The one year bar rule also applies in cases of consent election, run % off election and voluntary voluntary recogniti recognition" on" &R. rans(or rans(ortt 'or(orati 'or(oration on vs. #agues/a, G.R. No. !+683+, Nove/$er !6, !993" Negotiation 4ar #le 9nce the negotiation for a new !B has been commenced pursuant to rticle 12=, a petition for certification election may no longer be validly entertained by the












Strike Stri;e is any temporary stoppage of work by the concerted action of the employees as a result of industria industriall or labor dispute" dispute"  labor dispute dispute includes includes any controvers controversy y or matter matter concernin concerning g terms terms or condit condition ions s of employ employmen mentt or the associ associati ation on or repre represen sentat tation ion of person persons s in negoti negotiati ating, ng, fixin fixing, g, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and the employee" &Bu;luran ng Manggaga%a sa 'loth/an Hnitting 'or(. E Solidarity nions o- the 4hili((ines -or 2/(o%er/ent and Re-or/ vs. 'ourt o- ((eals, G.R. No. !8!8, anuary !0, *++" 3(e reisites o$ a %alid % alid strike are *andatory The requisites for a valid strike are as followsF (a6 a notice of strike filed with the <9L- thirty days before the intended date thereof or fifteen days in case of unfair labor practiceA (b6 strike vote approved by a ma&ority of the total union membership in the bargaining unit concerned obtained by secret ballot in a meeting called for that purposeA (c6 notice given to the <9L- of the results of the voting at least seven days before the intended intended strike" These These requiremen requirements ts are mandatory and failure failure of a union to comply comply therewith renders the strike illegal &4iKero vs. National #a$or Relations 'o//ission, ugust *+, *++" 8e explained in National










mere participation in an illegal strike" strike" There must be proof that he or she committed illegal acts during a strike" strike" In all cases, the striker striker must be identifie identified" d" But proof beyond beyond reasonable reasonable doubt is not required" required" 5ubstantial evidence available under the attendant circumstances, which may &ustify the imposition of the penalty of dismissal, may may suffice" Liability for prohibited prohibited acts is to be determined on an individual basis" basis" & Su;hothai Su;hothai 'uisi 'uisine ne and Restau Restaurant rant vs. vs. 'ourt 'ourt o- ((eals, ((eals, G.R. G.R. No. No. !+30, !+30, ul y !0 , * + + 6 " "le*ents o$ e*&loyer – e*&loyee relations(i& The elements to determine determine the existence of an employment employment relationship relationship areF (a6 the selection and engagement of the employee (b6 the payment of wages (c6 the power of dismissal, and (d6 the employer.s power to control" The most important element is the employer.s control of the employee.s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it" &Murillo vs. 'ourt o- ((eals and ssociated Broadcasting 'or(oration, 'or(oration, et. el., G.R. No. !66*, une 8, *++0" +ll backwages ?inal ?inally ly came our ruling ruling in Busta/ante Busta/ante which superse superseded ded 4ines 'ity 2ducational 'enter and allowed -ull recovery recovery of backwages without deduction and without qualification pursuant to the express provisions of rticle rticle 1* (now rt 1*36 of the Labor !ode, as amended by 0ep" ct 'o" 4)2, i e i e", without











Probationary Period o$ Pri%ate Sc(ool 3eac(ers 5ection *D of the )**1 ;anual of 0egulations for 7rivate 5chools, provides that full#time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent" ?urtherm ?urthermore, ore, the probation probationary ary period shall not be more than six consecutiv consecutive e regular regular semesters semesters of satisfactory service for those in the tertiary level" Thus, the following requisites must concur before a private school teacher acquires permanent statusF ()6 the teacher is a full#time teacherA (16 the teacher must have rendered three consecutive years of serviceA and (D6 such service must have been satisfactory" satisfactory" &Saint Mary?s niversity vs. 'ourt o- ((eals, G.R. No. !0088, March +8, *++" Distinction Distinction between a dis*issal 9st case and a dis*issal $or at(oried case The clear#cut distinction between a dismissal for &ust cause under rticle 1+1 and a dismissal for authori$ed cause under rticle 1+D is further reinforced by the fact that in the first, payment of separation pay, as a rule, is not required, while in the second, the law requires payment of separation pay" &a;a










only his position but also his means of livelihood and his dependents. sustenance" Thus, strict adherence to the requirements set forth in the Labor !ode, as amended, is essential" &>ah Auen Restaurant, vs. ayona, G.R. No. !98, Dece/$er !6, *++" Ss&ension beyond 70 days – constrcti%e dis*issal !lear !learly ly,, const construc ructiv tive e dismi dismissa ssall had alread already y set in when when the suspen suspensio sion n went went beyond beyond the maximum period allowed by law" 5ection 3, 0ule MI, Book  of the 9mnibus 0ules provides that preventive suspension cannot be more than the maximum period of D= days" Hence, after the D=#day period of suspension, the employee must be reinstated to his former position because suspension beyond this maximum period amounts to constructive dismissal" &=yatt ai Services Inc. vs. 'atinoy, G.R. No. !3*+, une *6, *++!" ,$ dis*issal is too (ars( ss&ension can be i*&osed 8e cannot cannot but agree agree that that the extreme extreme penal penalty ty of dismis dismissal sal was too harsh harsh and manif manifest estly ly disproportionate to the infraction committed, which appears to have been fully explained, and, in fact, to be not inexcusable under the circumstances" There was no dishonesty, no demonstration of such moral perverseness as would have &ustified the claimed loss of confidence attendant to the &ob" 7erhaps,











#etire*ent 0etir 0etireme ement nt is a differ different ent speci species es of termi terminat nation ion of employ employmen mentt from from dismi dismissa ssall for &ust &ust or authori$ed causes under rticles 1+1 and 1+D of the Labor !ode" 8hile in all three cases, the employee to be terminated may be u nwilling to part from serviceA there are eminently higher standards to be met by the employer validly exercising the prerogative to dismiss for &ust or authori$ed causes" In those two instances, it is indispensable that the employer establishes the existence of &ust or authori$ed causes for dismissal as spelled out in the Labor !ode" 0etirement, on the other hand, is the result of a bilateral act of the parties, a voluntary agreement between the employer and the employee whereby the latter after reaching a certain age agrees andGor consents to sever his employment with the former" &'ainta 'atholic School School vs. 'ainta 'ainta 'athol 'atholic ic School School 2/(lo 2/(loyee yees s nion, nion, G.R. G.R. No.!! No.!!+*! +*!,, May , *++6, *++6, 89 S'R S'R 68*++61" Fali$ication $or retire*ent In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing existing laws laws and any collecti collective ve bargainin bargaining g agreement agreement and other agreementsF agreementsF 7rovided, however, That an employee.s retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein"













#etire*ent o$ ndergrond *iners 9n ?ebruary 14, )**+, Re(u$lic ct No. 88 was was signed into law and amended rticle 1+ of the Labor !ode and provided for the retirement benefits of underground miners" Based on 0"" +22+, n underground mining employee upon reaching the age of fifty (2=6 years o r more, but not beyond sixty (4=6 years which is hereby declared the compulsory retirement age for underground mine workers, who has served at least five (26 years as underground mine worker, may retire and shall be entitled to all the











In illegal dismissal cases, the employee concerned is given a period of four years from the time of his dismissal within which to institute a complaint" This is based on rticle ))34 of the 'ew !ivil !ode which states that actions based upon an in&ury to the rights of the plaintiff must be brought within four years" Thus, the four#year prescriptive period shall be counted and computed from the date of the employees dismissal up to the date of the filing of complaint for unlawful termination of employment" &@ictory #iner, #iner, Inc. vs. Race, G.R. No. !68*+, March *8, *++0"

2018 Labor Pre – Week Notes.docx

Recommend Documents