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Labor Laws of The Philippines Part One: Notice: Selling These Notes Is Absolutely Prohibited!!!
Labor Laws of The Philippines Part One: Notice: Selling These Notes Is Absolutely Prohibited!!!
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
STATEMENT OF COVERAGE
This Bar Review Guide is presented in the form of an outline of basic
principles which bar reviewees may use as a quick guide on the significant areas of
labor law in the 2010 Bar Examination. This is presented in five (5) parts: PART
ONE covers New Laws; PART TWO covers Books 1 to 4 of the Labor Code and some
important social legislation; PART THREE covers Book 5; PART FOUR covers Books
6 and 7 of the Labor Code; and PART FIVE features the coverage of the 2010 Bar
Examination in Labor Law and a survey of all questions given in the Bar
Examination in Labor Law for the last twenty (20) years – from 1990 to 2009.
PART ONE
NEW LAWS
There are seven (7) laws that have been enacted lately which have significant
impact on labor laws. They are as follows:
1. REPUBLIC ACT No. 10022 - AN ACT AMENDING REPUBLIC ACT NO. 8042,
OTHERWISE KNOWN AS THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT
OF 1995, AS AMENDED, FURTHER IMPROVING THE STANDARD OF PROTECTION
AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES
AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES. [Approved on
March 08, 2010]. chanrobles&associates
2. REPUBLIC ACT NO. 9849 - AN ACT DECLARING THE TENTH DAY OF ZHUL HIJJA,
THE TWELFTH MONTH OF THE ISLAMIC CALENDAR, A NATIONAL HOLIDAY
FOR THE OBSERVANCE OF EIDULADHA, FURTHER AMENDING FOR THE
PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO. 292,
OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987, AS AMENDED.
[Approved on December 11, 2009].
3. REPUBLIC ACT NO. 9710 - AN ACT PROVIDING FOR THE MAGNA CARTA OF
WOMEN [Approved on August 14, 2009].
cralaw
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
• What are the provisions of the above-mentioned laws pertinent to labor law?
I. REPUBLIC ACT No. 10022
This law amended several provisions of R.A. No. 8042 [Migrant Workers and Overseas
Filipinos Act of 1995], the most noteworthy of which are as follows: chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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The members of the POEA Governing Board who actually voted in favor of an
order allowing the deployment of migrant workers without any of the aforementioned
guarantees shall suffer the penalties of removal or dismissal from service with
disqualification to hold any appointive public office for five (5) years, Further, the
government official or employee responsible for the issuance of the permit or for
allowing the deployment of migrant workers in violation of this section and in direct
contravention of an order by the POEA Governing Board prohibiting deployment shall be
meted the same penalties in this section.
For this purpose, the Department of Foreign Affairs, through its foreign posts,
shall issue a certification to the POEA, specifying therein the pertinent provisions of the
receiving country's labor/social law, or the convention/declaration/resolution, or the
bilateral agreement/arrangement which protect the rights of migrant workers.
The State shall also allow the deployment of overseas Filipino workers to vessels
navigating the foreign seas or to installations located offshore or on high seas whose
owners/employers are compliant with international laws and standards that protect the
rights of migrant workers.
The State shall likewise allow the deployment of overseas Filipino workers to
companies and contractors with international operations: Provided, That they are
compliant with standards, conditions and requirements, as embodied in the employment
contracts prescribed by the POEA and in accordance with internationally-accepted
standards." (Amending Section 4 of Republic Act No. 8042, as amended). chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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(c) To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority under the Labor
Code, or for the purpose of documenting hired workers with the POEA, which include
the act of reprocessing workers through a job order that pertains to nonexistent work,
work different from the actual overseas work, or work with a different employer whether
registered or not with the POEA; chanrobles&associates
4
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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(1) Grant a loan to an overseas Filipino worker with interest exceeding eight
percent (8%) per annum, which will be used for payment of legal and allowable
placement fees and make the migrant worker issue, either personally or through a
guarantor or accommodation party, postdated checks in relation to the said loan;
(2) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically designated
institutions, entities or persons;
(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker after the latter's employment contract has been prematurely terminated through no
fault of his or her own;
(4) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo health examinations only from specifically
designated medical clinics, institutions, entities or persons, except in the case of a
seafarer whose medical examination cost is shouldered by the principal/shipowner;
(5) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo training, seminar, instruction or schooling of any
kind only from specifically designated institutions, entities or persons, except for
recommendatory trainings mandated by principals/shipowners where the latter shoulder
the cost of such trainings;
chanrobles&associates
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having ownership,
control, management or direction of their business who are responsible for the
commission of the offense and the responsible employees/agents thereof shall be liable.
In the filing of cases for illegal recruitment or any of the prohibited acts under
this section, the Secretary of Labor and Employment, the POEA Administrator or their
duly authorized representatives, or any aggrieved person may initiate the corresponding
criminal action with the appropriate office. For this purpose, the affidavits and
testimonies of operatives or personnel from the Department of Labor and Employment,
POEA and other law enforcement agencies who witnessed the acts constituting the
offense shall be sufficient to prosecute the accused. chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than twelve
(12) years and a fine of not less than Five hundred thousand pesos (P500,000.00)
nor more than One million pesos (P1,000,000.00).
If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings.
In every case, conviction shall cause and carry the automatic revocation of the
license or registration of the recruitment/manning agency, lending institutions, training
school or medical clinic. (Amending Section 7 of Republic Act No. 8042, as amended).
6. Money claims of OFWs.
"SEC. 10. Money Claims. - Notwithstanding any provision of law to the contrary,
the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the
original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days
after the filing of the complaint, the claims arising out of an employer-employee
relationship or by virtue of any law or contract involving Filipino workers for overseas
deployment including claims for actual, moral, exemplary and other forms of damage.
Consistent with this mandate, the NLRC shall endeavor to update and keep abreast with
the developments in the global services industry. cralaw
6
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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--------------------oOo----------------------
II. REPUBLIC ACT No. 9849 and REPUBLIC ACT NO. 9492.
These two (2) laws deal with celebration of regular and special holidays.
R.A. No. 9492 [Approved on July 25, 2007], introduces Eidul Fitr as a new regular
holiday; while R.A. No. 9849 [Approved on December 11, 2009], introduces Eidul Adha as a
new regular holiday. cralaw
Consequent to these laws, the total number of guaranteed paid regular holidays is
TWELVE (12) per year.
Hereunder are the holidays mandated under R.A. No. 9849 to be celebrated in the
country:
(a) Regular Holidays
1
The phrase “plus his salaries for the unexpired portion of his employment contract or for three (3) months for
every year of the unexpired term, whichever is less”has already been declared unconstitutional in Antonio M.
Serrano v. Gallant Maritime Services, Inc., [G.R. No. 167614, March 24, 2009]. It is thus a source of wonder why
Congress replicated the same phrase in this latest amendment to Section 10 of R.A. No. 8042 which was enacted
on March 8, 2010.chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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The same rule on the reckoning of holidays enunciated in R.A. No. 9492 has been
replicated in R.A. No. 9849. Thus, in the event the holiday falls on a Wednesday, the holiday will
be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be
observed on the Monday that follows: Provided, That for movable holidays, the President shall
issue a proclamation, at least six (6) months prior to the holiday concerned, on the specific date
which shall be declared as a nonworking day. cralaw
--------------------oOo----------------------
8
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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The State condemns discrimination against women in all its forms and pursues by
all appropriate means and without delay the policy of eliminating discrimination against
women in keeping with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and other international instruments consistent
with Philippine law. The State shall accord women the rights, protection, and
opportunities available to every member of society.
The State affirms women's rights as human rights and shall intensify its efforts to
fulfill its duties under international and domestic law to recognize, respect, protect, fulfill,
and promote all human rights and fundamental freedoms of women, especially
marginalized women, in the economic, social, political, cultural, and other fields without
distinction or discrimination on account of class, age, sex, gender, language, ethnicity,
religion, ideology, disability, education, and status. The State shall provide the necessary
mechanisms to enforce women's rights and adopt and undertake all legal measures
necessary to foster and promote the equal opportunity for women to participate in and
contribute to the development of the political, economic, social, and cultural realms.
The State, in ensuring the full integration of women's concerns in the mainstream
of development, shall provide ample opportunities to enhance and develop their skills,
acquire productive employment and contribute to their families and communities to the
fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors
to participate in policy formulation. planning, organization, implementation,
management, monitoring, and evaluation of all programs, projects, and services. It shall
support policies, researches, technology, and training programs and other support
services such as financing, production, and marketing to encourage active participation of
women in national development. (Section 2 thereof). chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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(4) Respect for the observance of indigenous peoples' cultural practices even in
the workplace. cralaw
10
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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(c) In recognition of the temporary nature of overseas work, the State shall exert
all efforts to address the causes of out-migration by developing local employment and
other economic opportunities for women and by introducing measures to curb violence
and forced and involuntary displacement of local women. The State shall ensure the
protection and promotion of the rights and welfare of migrant women regardless of their
work status, and protect them against discrimination in wages, conditions of work, and
employment opportunities in host countries.
--------------------oOo----------------------
11
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
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(b) The names of its officers, their addresses, the principal address of
the labor organization, the minutes of the organizational meetings
and the list of the workers who participated in such meetings;
(c) In case the applicant is an independent union, the names of all its
members comprising at least twenty percent (20%) of all the
employees in the bargaining unit where it seeks to operate;
(d) If the applicant union has been in existence for one or more years,
copies of its annual financial reports; and
(e) Four copies of the constitution and by-laws of the applicant union,
minutes of its adoption or ratification, and the list of the members
who participated in it.
(a) The names of the chapter’s officers, their addresses, and the principal
office of the chapter; and
(b) The chapter’s constitution and by-laws: Provided, That where the
chapter’s constitution and by-laws are the same as that of the
federation or the national union, this fact shall be indicated
accordingly.
The additional supporting requirements shall be certified under oath by
the secretary or treasurer of the chapter and attested by its president.
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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--------------------oOo----------------------
Sec. 23, paragraph (b.1) of Republic Act. No. 8042, otherwise known as the Migrant
Workers and Overseas Filipinos Act of 1995 is hereby amended to read as follows:
(b.1) Philippine Overseas Employment Administration - The
Administration shall regulate private sector participation in the recruitment and
overseas placement of workers by setting up a licensing and registration system.
It shall also formulate and implement, in coordination with appropriate entities
concerned, when necessary, a system for promoting and monitoring the overseas
employment of Filipino workers taking into consideration their welfare and the
domestic manpower requirements.
In addition to its powers and functions, the Administration shall inform
migrant workers not only of their rights as workers but also of their rights as
human beings, instruct and guide the workers how to assert their rights and
provide the available mechanism to redress violation of their rights. chanrobles&associates
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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
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--------------------oOo----------------------
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The Commission and its first, second, third, fourth, fifth and sixth divisions shall
have their main offices in Metropolitan Manila, and the seventh and eight divisions
in the cities of Cebu and Cagayan de Oro, respectively. The Commission shall
establish as many regional branches as there are regional offices of the Department
of Labor and Employment, sub-regional branches or provincial extension units.
There shall be as many Labor Arbiters as may be necessary for the effective and
efficient operation of the Commission.
ART. 215. Appointment and Qualifications. - The Chairman and other
Commissioners shall be members of the Philippine Bar and must have been
17
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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engaged in the practice of law in the Philippines for at least fifteen (15) years, with
at least five (5) years experience or exposure in the field of labor-management
relations, and shall preferably be residents of the region where they SHALL hold
office. The Labor Arbiters shall likewise be members of the Philippine Bar and
must have been engaged in the practice of law in the Philippines for at least ten
(10) years, with at least five (5) years experience or exposure in THE FIELD OF
labor-management relations.
The Chairman, and the other Commissioners and the Labor Arbiters shall
hold office during good behavior until they reach the age of sixty-five (65) years,
unless sooner removed for cause as provided by law or become incapacitated to
discharge the duties of their office. Provided, however, That the President of the
Republic of the Philippines may extent the services of the Commissioners and
Labor Arbiters up to the maximum age of seventy (70) years upon the
recommendation of the Commission en banc. chanrobles&associates
The Chairman and the Commission shall appoint the staff and employees
of the Commission and its regional branches as the needs of the service may
require, subject to the Civil Service Law, rules and regulations, and upgrade their
current salaries, benefits and other emoluments in accordance with law.
ART. 216. Salaries, benefits and other emoluments. - The Chairman and
cralaw
members of the Commission shall have the same rank, receive an annual salary
equivalent to, and be entitled to the same allowances, retirement and benefits as,
those of the Presiding Justice and Associate Justices of the Court of Appeals,
respectively. Labor Arbiters shall have the same rank, receive an annual salary
equivalent to and be entitled to the same allowances, retirement and other benefits
and privileges as those of the judges of the regional trial courts. In no case,
however, shall the provision of this Article result in the diminution of the existing
salaries, allowances and benefits of the aforementioned officials.
Sec. 5. Implementation. - The creation of the additional divisions shall be
cralaw
18
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
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