De La Salle University – Manila COLLEGE OF LAW Course Title / Code: Semester / Academic Academic Year: Professor: Consultation Hours:
LABOR LAW I – LABOR STANDARDS (LAW205M) First Semester, AY 2017 – 2018 2018 Ryan Jeremiah D. Quan, J.D., LL.M. By appointment (
[email protected] )
Course Description:
This course is an introduction to Philippine Labor Laws. It covers Preliminary Title, PreEmployment (Book I) and the Migrant Workers and Overseas Filipinos Act (R.A. 8042), as amended; Book II on Human Resources Development and the TESDA Law (R.A. 7796), and the Magna Carta for Disabled Persons (R.A. 7277); Book III on Conditions on Employment and related special laws; Book IV on Health, Safety, and Social Welfare Benefits, including the laws on the Social Security System, the Government Service Insurance System, and the National Health Insurance Act, as amended.
Class Policies:
Apart from the cases assigned, students are expected to read annotations on the assigned topics prior to each class. Additional readings may be given during the course of the semester. During class, books and cases are not allowed on the students’ desks. At their option, students may bring out handwritten notes (printed ones are not allowed) and codals during class. Needless to state, looking at codals and notes during recitation is not allowed. Glancing at codals and/or notes merits deductions in recitations grades. Gadgets, such as phones, laptops, tablets, and the like are also not allowed in class. Make sure to turn them off or place them on silent mode before entering the classroom. Each time a gadget sounds off in class, a quiz will be administered. All announcements will be made through the class beadle.
COURSE OUTLINE INTRODUCTION
Laborem Exercens (On Human Work), Pope John Paul II, 14 September 1981 Link: http://w2.vatican.va/content/john-paul-ii/en/encyclicals/documents/hf_jpii_enc_14091981_laborem-exercens.html
EMPLOYER-EMPLOYEE RELATIONSHIP A.
Elements of the Relationship
Labor Code: Articles 97 (a), (b), (c), (e); 173 (f), (g); 219 (e) & (f) Cases: • • • • •
• • • • • • • • • • • • • • • •
B.
Television and Production Exponents v. Servaña, January 28, 2008 ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006 Fulache v. ABS-CBN, January 21, 2010 Dumpit-Murillo v. Court of Appeals, June 8, 2007 Fuji Television v. Espiritu, December 3, 2014 (These five cases should be read in relation to Sonza v. ABS-CBN Broadcasting Corporation, June 10, 2004) Bernante v. PBA, September 14, 2011 Abella v. PLDT, June 8, 2005 Consulta v. CA, March 18, 2005 Villamaria v. CA, April 19, 2006 Republic of the Philippines v. ASIAPRO, November 23, 2007 Phil. Global Communications v. De Vera, June 7, 2005 Coca Cola Bottlers v. Climaco, February 5, 2007 Chavez v. NLRC, January 17, 2005 Angelina Francisco v. NLRC, August 31, 2006 Tongko v. Manufacturers Life, June 29, 2010 & January 25, 2011 Matling Industrial v. Coros, October 13, 2010 Cosare v. Broadcom Asia, February 5, 2014 Atlanta Industries v. Sebolino, January 26, 2011 Intel Technology v. NLRC & Cabiles, February 5, 2014 Royale Homes v. Alcantara, July 28, 2014 Olimpia Housing Inc. v. Lapastora, January 13, 2016 Independent Contractors and Labor-Only Contractors
Labor Code: Articles 106-109 Department Order No. 174, series of 2017 Department Circular No. 01, series of 2017 Cases: • • • • • • • •
Philippine Airlines v. Ligan, February 29, 2008 San Miguel Corporation v. Aballa,J une 28, 2005 Meralco Industrial Engineering Services v. NLRC, March 14, 2008 Manila Electric Company v. Benamira, July 14, 2005 Dole Phils. v. Esteva, November 30, 2006 Aliviado v. Procter and Gamble, March 9, 2010 Temic Automotive v. Temic Automotive Phils. Employees Union, December 23, 2009 Smart Communications v. Astorga, January 28, 2008
• • • • •
•
C.
Coca-Cola Bottlers v. Agito, February 13, 2009 Manila Water v. Dalumpines, October 4, 2010 Babas v. Lorenzo Shipping, December 15, 2010 Teng v. Pahagac, November 17, 2010 Diamond Farms v. Farms Agrarian Reform Beneficiaries Multi-purpose Cooperative, January 13, 2016 Manila Memorial Park Cemetery v. Luiz, February 3, 2016 Classes of Employees
Labor Code: Articles 293, 295-296 Omnibus Rules: Book VI, Sections 5-6 Cases: • • • • • • • • • • • • • • • • • • • • • • • • • •
Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009 Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007 The Peninsula Manila v. Alipio, June 17, 2008 Rowell Industrial Corporation v. CA, March 7, 2007 ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006 Kimberly Clark Phils. v. Secretary, November 23, 2007 Benares v. Pancho, April 29, 2005 Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005 Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005 St. Mary’s University v. CA, March 8, 2005 Poseidon Fishing v. NLRC, February 20, 2006 PLDT v. Arceo, May 5, 2006 Fulache v. ABS CBN, January 21, 2010 Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC, March 30, 2011 Asos v. PNCC, July 3, 2013 Malicdem v. Marulas Industrial Corp., February 26, 2014 Exodus International Construction v. Biscocho, February 23, 2011 DM Consunji v. Gobres, August 8, 2010 Mercado v. AMA Computer College, April 13, 2010 Colegio del Santisimo Rosario v. Rojo, September 4, 2013 Gapayao v. Fulo, June 13, 2013 Universal Robina Sugar Milling Corp. v. Acibo, January 15, 2014 Abbott Laboratories v. Alcaraz, July 23, 2013,April 22, 2014 Fuji Television v. Espiritu, December 3, 2014 Samonte v. La Salle Greenhills, Inc., February 10, 2016 Jamias v. NLRC, March 9, 2016
WAGES
1987 Constitution, Article XIII, Section 3 Labor Code: Articles 218, 290 (as amended by R.A. 10395)
A.
Concept and Definition
Labor Code: Articles 97-98 Omnibus Rules: Book III, Rule VII, Sections 2-9 Cases: • • •
B.
Tan v. Lagrama, August 15, 2002 Philippine Spring Water Resources v. Mahilum, June 11, 2014 Mabeza v. NLRC, April 18, 1997 Wage-Fixing
Labor Code: Articles 99, 101, 120-127 R.A. 6727, R.A. 8188 R.A. 9178 NWPC Guidelines No. 2, Series of 2012, Guidelines on the Implementation of the Two-Tiered Wage System Wage Order No. NCR-20 Cases: • • • • •
David v. Macasio, July 2, 2014 Nasipit Lumber Co. v. NWPC, April 27, 1998 ECOP v. NWPC, RTWPB-NCR and TUCP, September 24, 1991 Metropolitan Bank and Trust Company v. NWPC, February 6, 2007 NWPC and RTWP v. APL, March 12, 2014
Wage Distortion Metropolitan Bank & Trust Company Employees Union-ALU-TUCP v. NLRC, September 10, 1993 Prubankers Association v. Prudential Bank, January 25, 1999 Bankard Employees Union-Workers Alliance Trade Unions v. NLRC, February 17, 2004 •
• •
C.
Payment of Wages
Labor Code: Articles 102-105, 112-119 (check Art. 259 – Agency Fees, in relation to Art. 112) Omnibus Rules: Book III, Rule VIII Cases: •
• •
D.
SHS Perforated Materials v. Diaz, October 13, 2010 (compare with Milan v. NLRC, February 4, 2015) Commando Security v. NLRC, July 20, 1992 Mabeza v. NLRC, April 18, 1997 Thirteenth-Month Pay
Presidential Decree No. 851 (1975)
Memorandum Order No. 28 (1986) Revised Guidelines on the Implementation of the 13th Month Pay Law Cases: • • • • • • •
•
National Federation of Sugar Workers v. Ovejera, May 31, 1982 Dole Philippines v. Leogardo, October 23, 1982 Universal Corn Products v. NLRC, August 21, 1987 San Miguel Corporation v. Inciong, February 24, 1981 Philippine Duplicators v. NLRC, February 15, 1995 Boie-Takeda Chemicals v. Dela Serna, December 10, 1993 Philippine Agricultural Commercial and Industrial Workers Union v. NLRC, August 14, 1995 Cebu People’s Multi-purpose Cooperative v. Carbonilla, Jr., January 27, 2016
E. Service Charge
Labor Code: Article 96 Omnibus Rules: Book III, Rule VI F. Non-Diminution
Labor Code: Article 100 Cases: • •
• • • •
•
Sevilla Trading Co. v. Semana, April 28, 2004 Arco Metal Products v. Samahan ng mga Manggagawa sa Arco-Metal-NAFLU, May 14, 2008 Globe Mackay Cable v. NLRC, June 29, 1988 Insular Hotel Employees Union v. Waterfront Insular Hotel Davao, September 22, 2010 Asis v. Minister of Labor, March 15, 1989 American Wire and Cable Daily Rated Employees Union v. American Wire and Cable, April 29, 2005 Royal Plant Workers Union v. Coca Cola Bottlers, April 15, 2013
G. Worker Preference
Labor Code: Article 110 Cases: • • •
Development Bank of the Philippines v. Labor Arbiter, March 8, 1989 Development Bank of the Philippines v. Secretary, November 28, 1989 Development Bank of the Philippines v. NLRC, March 19, 1990 (including dissenting opinion)
H. Attorney’s Fees
Labor Code: Article 111
WORKING CONDITIONS A.
Management Prerogative
Cases: • • • • •
B.
San Miguel Brewery Sales v. Ople, February 8, 1989 PT & T v. NLRC, May 23, 1997 Goya v. Goya Employees Union, January 21, 2013 Tabuk Multipurpose Cooperative, Inc. v. Duclan, March 14, 2016 Quintanar, et. al. v. Coca Cola Bottlers Philippines, June 28, 2016 Coverage
Labor Code: Article 82 Omnibus Rules: Book III, Rule I, Sections 1-2 Cases: • • • • • • • •
C.
National Sugar Refineries Corp. v. NLRC, March 24, 1993 Penaranda v. Banganga Plywood Corp, May 3, 2006 San Miguel Brewery, Inc. v. Democratic Labor Organization, July 31, 1963 Auto Bus Transport Systems v. Bautista, May 16, 2005 Mercidar Fishing Corp. v. NLRC, October 8, 1998 Labor Congress of the Philippines v. NLRC, May 21, 1998 David v. Macasio, July 2, 2014 Apex Mining Company, Inc. v. NLRC, April 22, 1991 Hours of Work
Labor Code: Articles 83-90 Omnibus Rules: Book III, Rule I, Sections 3-11, Rule I-A, Rule II Cases: Art. 83 • •
Manila Terminal Co. v. CIR, July 16, 1952 San Juan De Dios Hospital Employees Association v. NLRC, November 28, 1997
Art. 84 • • •
Rada v. NLRC, January 9, 1992 University of Pangasinan Faculty Union v. University of Pangasinan, February 20, 1984 National Shipyards and Steel Corporation v. CIR, December 30, 1961
Art. 85 • •
National Development Co. v. CIR, November 30, 1962 Sime Darby Pilipinas v. NLRC, April 15, 1998
Art. 87 • •
Bisig ng Manggagawa ng PRC v. PRC, September 30, 1981 PAL Employees Savings and Loan Association, Inc. (PESALA) v. NLRC, August 22, 1996
Art. 88 •
Lagatic v. NLRC, January 28, 1998
Art. 89 •
Interphil Laboratories Employees Union v. Interphil Laboratories, December 19, 2001
Art. 86 •
Mercury Drug Co. v. Dayao, September 30, 1982
Evidence Prangan v. NLRC, April 15, 1998 National Semiconductors Distribution Ltd. V. NLRC, June 26, 1998 • •
D.
Rest Periods and Holidays
Labor Code: Articles 91-94 Executive Order 203 (1987) Omnibus Rules: Book III, Rules III-IV R.A. 9849, December 11, 2009 Cases: • • •
• •
Jose Rizal College v. NLRC, December 1, 1987 San Miguel Corp. v. CA, January 30, 2002 Insular Bank of Asia and America Employees Union (IBAAEU) v. Inciong, October 23, 1985 Wellington Investment and Manufacturing Corporation v. Trajano, July 3, 1995 Caltex Regular Employees at Manila Office v. Caltex (Phils.), Inc., August 15, 1995
Divisor Chartered Bank Employees’ Association v. Ople, August 28, 1985 Odango v. NLRC, June 10, 2004 • •
E.
Service Incentive Leave
Labor Code: Articles 95 Omnibus Rules: Book III, Rule V Cases: • •
Cebu Institute of Technology v. Ople, December 18, 1987 Auto Bus Transport Systems v. Bautista, May 16, 2005
F.
Employees Paid by Results
Labor Code: Article 101 Cases: • • • •
G.
Tan v. Lagrama, August 15, 2002 Serrano v. Severino Santos Transit, August 9, 2010 Labor Congress of the Philippines v. NLRC, May 21, 1998 David v. Macasio, July 2, 2014 Miscellaneous
Department Order No. 118-12, Rules and Regulations Regarding the Employment and Working Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry Labor Advisory No. 4, series of 2016, Working Conditions in the Movie and Television Industry
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES A.
Women
Labor Code: Articles 130, 132-136 Omnibus Rules: Book III, Rule XII, Sections 1, 4-14 R.A. 9710, Magna Carta of Women, Section 1-3, 4 (b) & k, 22, 35, 41 R.A. 7877, Anti-sexual Harassment Act of 1995 Cases: • • • • •
Philippine Telegraph & Telephone Co. v. NLRC, May 23, 1997 Libres v. NLRC, May 28, 1999 Domingo v. Rayala, February 18, 2008 Duncan Association of Detailman v. Glaxo Wellcome, September 17, 2004 Star Paper Corp. v. Simbol, April 12, 2006
Maternity Leave and Paternity Leave
R.A. 1161, Social Security Act, as amended, Section 14-A R.A. 8187, Paternity Leave Act Implementing Rules and Regulations of R.A. 8187 CSC Memorandum Circular No. 01-2016 VAWC Victim’s Leave
R.A. 9262, Anti-Violence Against Women and their Children Act, Section 3 (a), 5, 43 Rules And Regulations Implementing Republic Act No. 9262, Section 42
Solo Parent’s Leave
R.A. 8972, Solo Parents’ Welfare Act of 2000, Section 3 (a), 6-8 Implementing Rules and Regulations of R.A. No.8972, Section 16-21 Special Leave
R.A. 9710, Magna Carta of Women, Section 18 Implementing Rules and Regulations of R.A. No. 9710, Section 7 (M), 21 B.
Night Workers
Labor Code: Articles 154-161 (as amended by R.A. 10151) Department Order No. 119-12 For reference: check the repealed Article 130-131 C.
Minors
Labor Code: Articles 137-138 Omnibus Rules: Book III, Rule XII, Sections 2-3 R.A. 7610, Special Protection Against Child Abuse, Exploitation and Discrimination Act, Section 12, as amended by R.A. 7658 R.A. 9231, An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child D.
Househelpers
R.A. 10361, Batas Kasambahay Cases: • •
E.
Apex Mining Company, Inc. v. NLRC, April 22, 1991 Remington Industrial v. Castaneda, November 20, 2006 Homeworkers
Labor Code: Articles 151-153 DOLE Department Order No. 5, series of 1992 F.
Handicapped/Disabled
R.A. 7277, Magna Carta for the Disabled, Sections 4 (a-d, i), 5-11, 32-33 Labor Code: Articles 78-81 Omnibus Rules: Book II, Rule VIII Case: •
Bernardo v. NLRC, July 12, 1999
HUMAN RESOURCES DEVELOPMENT PROGRAM A.
National Manpower Development Program – Government Machinery
Labor Code: Articles 43-56 (insofar as they have not been modified) R.A. 7796, The TESDA Act B.
Apprenticeship and Learnership
Labor Code: Articles 57-77 Omnibus Rules: Book II, Rules VI-VII R.A. 7687, The Dual Training System Act Cases: • • •
C.
Nitto Enterprises v. NLRC, September 29, 1995 Filamer Christian Institute v. IAC, August 17, 1992 Atlanta Industries v. Sebolino, January 26, 2011 Employment of Aliens
Labor Code: Articles 40-42 Omnibus Rules: Book I, Rule XIV Cases: • • •
General Milling Corp. v. Torres, April 22, 1991 International School Alliance of Educators (ISAE) v. Quisumbing, June 1, 2000 McBurnie v. Ganzon, EGI-Managers, Inc., October 17, 2013
PRE-EMPLOYMENT
R.A. 8042, Migrant Workers and Overseas Filipino Act, as amended by R.A. 10022 Implementing Rules, Migrant Workers and Overseas Filipino Act Department Order 141-15 A.
Principles and Definitions
Labor Code: Articles 12 - 13 R.A. 8042 (Migrant Workers and Overseas Filipino Act): Secs. 2 - 5 Omnibus Rules Implementing R.A. 8042, secs. 1 - 2 1991 POEA Rules: Book I, Rules I – II Cases: • • •
JMM Promotion and Management, Inc. v. CA, November 22, 1993 Philippine Ass. of Service Exporters, Inc. v. Drilon, June 30, 1988 Philippine National Bank v. Cabansag, June 21, 2005
B.
Recruitment and Placement
1. Definition; Illegal Recruitment; Prohibited Acts Labor Code: Articles 13(b), 34, 35, 38, 39 R.A. 8042, Sections 6-9 Rules Implementing of R.A. 8042, Sections 9-13 Cases: • • • • • • • • • •
People vs. Diaz, July 26, 1996 Aquino vs. Court of Appeals, November 21, 1991 People v. Señoron, January 30, 1997 People v. Panis, July 11, 1990 People v. Goce, August 39, 1995 Darvin v. CA, July 13, 1998 People v. Yabut, October 5, 1999 People v. Saulo, November 15, 2000 Athenna International Manpower v. Villanos, April 15, 2005 Rodolfo v. People of the Phil., August 10, 2006
2. Regulation of Recruitment and Placement Activities Labor Code: Articles 16, 18, 25-33, 35-37 R.A. 8042, Sections 29 – 30 Cases: • • • • • • • •
Eastern Assurance Corp. vs. Secretary of Labor, January 17, 1990 Capricorn Travel and Tours vs. CA, April 3, 1990 Stronghold Insurance Co. vs. CA, January 30, 1992 Catan v. NLRC, April 15, 1988 Royal Crown v. NLRC, October 16, 1989 Trans Action Overseas Corp. v. Secretary of Labor, September 5, 1997 Salazar v. Achacoso, March 14, 1990 Republic v. Human Link Manpower, April 22, 2015
3. Contracts 1991 POEA Rules: Book V, Rule II Labor Code: Articles 34-35 Cases: • • • • •
Virjen Shipping v. NLRC, November 18, 1983, July 20, 1982 Suzara v. Benipayo, August 15, 1989 Seagull Maritime v. Balatongan, February 28, 1989 Chavez v. Bonto-Perez, March 1, 1995 Interorient Maritime Enterprises, Inc. v. NLRC, September 16, 1996
• • •
Placewell International Services v. Camote, June 26, 2006 Sunace International Management Services v. NLRC, January 25, 2006 Santiago v. C.F. Sharp, July 10, 2007
4. Government Machinery Labor Code: Articles 14 - 21, 24 (note that Arts. 15, 17, 19 have been repealed) E.O. 247 (1987) (POEA Organization) R.A. 8042, Sections 13 - 30, 32- 34 P.D. 1694 (OWWA) B.P. 79 (Commission on Filipinos Overseas) 5. Other matters incidental to Overseas Employment a. Repatriation: R.A. 8042, Sections 14 – 18, 36 Omnibus Rules Implementing R.A. 8042, Sections 52 - 61 Case: •
Equi-Asia Placement, Inc. v. Department of Foreign Affairs, September 19, 2006
b. Foreign Exchange Remittance Labor Code: Article 22 E.O. 857 (1982) Rules Implementing EO 857, Rule 2, Sections 4; Rule 5, Sections 1 - 5 c. Exemption from taxes and fees; scholarship R.A. 8042, Sections 35-37 d. Migrant Workers’ Day: R.A. 8042, Section 39 e. Incentives to Professionals: R.A. 8042, Section 31 f. Disciplinary Actions: 1991 POEA Rules, Book VII, Rule 7 6. Dispute Settlement Labor Code: Articles 36 -37 RA 8042, Sections 9 - 13 Omnibus Rules Implementing R.A. 8042, Sections 28 - 29 Cases: • • • •
Acuña v. CA, May 5, 2006 Serrano vs. Gallant Maritime, March 24, 2009 Sameer Overseas v. Cabiles, August 5, 2014 Yap v. Thenamaris Ship’s Management, May 30, 2011
• • • •
Skippers United v. Doza, February 8, 2012 Stolt-Nielsen v. Medequillo, January 18, 2011 Estate of Nelso Dulay v. Aboitiz Jebsen Maritime, June 13, 2012 Hon. Sto. Tomas v. Salac, November 13, 2012
ENFORCEMENT MECHANISM (FOR WAGES AND OTHER BENEFITS)
Labor Code: Articles 128-129, 306-307 Cases: • • •
People’s Broadcasting v. Secretary, May 8, 2009 and March 6, 2012 Arriola v. Pilipino Star Ngayon, August 13, 2014 Auto Bus Transport Systems v. Bautista, May 16, 2005
HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS
Medical Dental and Occupational Safety, Articles 162-171 Employees’ Compensation, Articles 172-178 Cases: • • • • • • • • • • • •
Sarmiento v. ECC, May 11, 1988 Belarmino v. ECC, May 11, 1990 Hinoguin v. ECC, April 17, 1989 GSIS v. CA and Alegre, April 20, 1999 Valeriano v. ECC, June 8, 2000 Alano v. ECC, March 16, 1988 Lazo v. ECC, June 18, 1990 NFD International Manning Agents v. Illescas, September 29, 2010 Menez v. ECC, April 25, 1980 Clemente v. GSIS, July 31, 1987 Narazo v. ECC, February 6, 1990 Orate v. CA, March 26, 2003
Art. 179 Ortega v. Social Security Commission, June 25, 2008 Ysmael Maritime v. Avelino, June 30, 1987 • •
P.D. 1921 (DOJ Opinion, May 23, 1989, and January 12, 1990) Social Security (Focus on Coverage, Benefits, Beneficiaries) R.A. 1161, as amended by R.A. 8282 (SSS) Social Security Commission v. Azote, April 15, 2015 •
R.A. 8291 (GSIS)
R.A. No. 7699, Limited Portability Law R.A. 7875, as amended by R.A. 9241 and 10606 (National Health Insurance Act)
