COURSE OUTLINE d.

Article XIII, Sec 4, 5 & 6 - Regular farmworkers shall have the right
to own directly or collectively
FOR LABOR STANDARDS the lands they till. Other farmworkers shall receive a just share of
the fruits of the land they till. The State recognizes the right of
farmworkers, along with other groups, to take part in the planning,
I. INTRODUCTORY CONCEPTS (August 27, 2020)- 3 organization and management of the agrarian reform program.
hours Landless farmworkers may be resettled by the Government in its
own agricultural estates.
A. Constitutional Foundation/Basic Policies e. Article XIII, Sec. 9 - The State shall, by law, and for the common good,
undertake, in
cooperation with the private sector, a continuing program of urban
1. Bias in favor of Labor land reform and housing which will make available at affordable cost
decent housing and basic services to underprivileged and homeless
a. Article XIII, Sec. 3 – 1987 constitution (memorize) citizens in urban centers and resettlement areas. It shall also promote
(Specifically, the Constitution enumerates the guaranteed basic rights of adequate employment opportunities to such citizens
workers, namely: f. Article XIII, Sec. 14 - The State shall protect working women by
(1) to organize themselves; providing safe and
(2) to conduct collective bargaining healthful working conditions taking into account their maternal
or negotiation with management; functions, and such facilities and opportunities that will enhance
(3) to engage in peaceful concerted activities, their welfare and enable them to realize their full potential in the
including to strike in accordance with law; service of the nation.
(4) to enjoy security of tenure; g. Article VI - Along with other sectors, labor is entitled to seats allotted to
(5) to work under humane conditions; party-list
(6) to receive a living wage; and representatives for three consecutive terms after the ratification of
(7) to participate in policy and decision-making processes affecting their rights the Constitution
and benefits as may be provided by law. (mere consultation) h. Article XII, Sec. 1 - The goals of the national economy are a more
b. Article III, Sec. 8 equitable distribution
The right of the people, including those employed in the public and private of opportunities, income, and wealth; a sustained increase in the
sectors, to form unions, associations, or societies for purposes not contrary to amount of goods and services produced by the nation for the benefit
law shall not be abridged of the people; and an expanding productivity as the key to raising
c. Article IX – B, Sec 2 (3)(5)(6) - The right of self-organization shall the quality of life for all, especially the underprivileged. The State
not be denied to government shall promote industrialization and full employment based on sound
employees. agricultural development and agrarian reform, through industries
No officer or employee of the civil service shall be that make full and efficient use of human and natural
removed or suspended except for cause provided by law. resources
Temporaryemployees of the Government shall be given such protection as may i. Article XVIII, Sec. 16 - Career civil service employees separated from
be provided by law. the service not
for cause but as a result of the reorganization shall be entitled to
appropriate separation pay and to retirement and other benefits
under existing laws. In lieu thereof, they may also be considered for
reemployment in the Government. Those whose resignations have
been accepted in line with the existing policy shall also have this
right
2. Protection of capital/shared responsibility
a. Article II, Sec. 20 - the State recognizes the indispensable role of the
private sector, encourages
private enterprise, and provides incentives to needed
investments.”
b. Management Prerogative - The Secretary of Labor is duly mandated
to equally protect and respect not
only the laborer or worker’s side but also the management and/or employer’s
side. The law, in protecting the rights of the laborer, authorizes neither
oppression
nor self-destruction of the employer
Management prerogatives, however, are
subject to limitations provided by (1) law, (2) contract or collective bargaining
agreements, and (3) general principles of fair play and
justice.
B. Social Justice
a. Calalang vs. Williams 70 Phil. 726 - Social justice, according to
Dr. Jose P. Laurel in Calalang vs. Williams, 70 Phil.
726 [1940], is “neither communism, nor despotism, nor atomism nor anarchy,
but the humanization of laws and the equalization of social and economic forces
by the State so that justice in its rational and objectively secular conception may
at least be approximated. Social justice means the promotion of the welfare
of all the people, the adoption by the Government of measures calculated to
insure economic stability of all the component elements of society through the
maintenance of proper economic and social equilibrium in the interrelations
of the members of the community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of
powers underlying the existence of all governments, on the time-honored
principle of salus populi est suprema lex.”
b. Guido vs. Rural Progress Adm. L-2089, Oct. 31, 1949 -
Social justice does not champion division of property or equality of
economic status; what it and the Constitution do guaranty are equality of
opportunity, equality of political rights, equality before the law, equality
between values given and received, and equitable sharing of the social and
material goods on the basis of efforts exerted in their
production
c. Article XIII –Social Justice and human rights
C. Labor Code of the Philippines and Implementing
Rules
1. Declaration of policy – Article 3
2. Rules of Construction – Article 4
3. Coverage
a. public, private institutions
National Housing vs. Juco 134 SCRA 172 - the doctrine that
employees
of government-owned and/or controlled corporations, whether chartered by
Congress or formed under the general Corporation Law, were governed by the
Civil Service Law and not by the Labor Code. This doctrine is now obsolete as
it
has been supplanted by the present [1987] Constitution, which provides: “The
Civil Service embraces all branches, subdivisions, instrumentalities and
agencies
of the Government, including government-owned or controlled corporations
with
original charters.
National Service Corp vs. NLRC L-69870, Nov. 29, 1988 –
The government-owned and controlled corporations “with original
charter” refer to corporations chartered by special law from Congress as
distinguished from corporations organized under our general incorporation
statute, the Corporation Code. Thus, under the present state of the law, the test
in determining whether a government-owned or controlled corporation is
subject
to the Civil Service Law is the manner of its creation. Government corporations
created by Congress are subject to Civil Service rules, while those incorporated
under the general Corporation Law are covered by the Labor Code.
b. employment relations- The Labor Code may apply even if the parties
are not employers and
employees of each other. In other words, it is not correct to say that
employment
relationship is a pre-condition to the applicability of the Code. the Labor Code
applies with
or without employment relationship between the disputants, depending on the
kind of issue involved.
essential ingredient of the act of recruitment and placement of workers. — “As we
see it, the proviso was intended neither to impose a condition on the basic rule nor
to provide an exception thereto but merely to create a presumption. The
presumption is that the individual or entity is engaged in recruitment and placement
whenever he or it is dealing with two or more persons to whom, in consideration of
a fee, an offer or promise of employment is made in the course of the “canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring (of) workers.” The
number of persons dealt with is not an essential ingredient of the act of recruitment
and placement of workers. Any of the acts mentioned in the basic rule in Article
13(b) will constitute recruitment and placement even if only one prospective worker
is involved.
Two or more persons in the codal only for purposes of evidence

Original charter –CSC

If not- Labor code
People Goce – 64 SCRA 72 –
An information against the 3 accused was filed for illegal recruitment committed by
a syndicate and in large scale. Since they were not found and arrested, the RTC
II. PRE-EMPLOYMENT archived the case. It was later reinstated when Agustin was apprehended by the
Paranaque police. 4 witnesses who were the complainants testified that Agustin
was the manager of the Clover Placement Agency. Only Agustin testified for the
A. Recruitment/placement defense, claiming that all she did was to introduce the complainants to the Goce
couple who were her neighbors and who were able to send her son to Saudi
1. License - means a document issued by the Arabia. The complainants asked her to introduce them to the Goce couple and she
merely did as requested out of the goodness of her heart which does not fall under
Department of Labor authorizing a the “referral” as to be liable for illegal recruitment.
person or entity to operate a SC: All accused were not licensed. It was from Agustin that complainants learned
private employment agency of the fees and papers to submit and from whom they were introduced to the
Authority - means a document issued by the owners of the agency - she was actually making referrals to the agency of which
Department of Labor authorizing a she was a part, thus, engaging in recruitment activity. There is illegal recruitment
person or association to engage in when one gives the impression of having the ability to send a worker abroad.
Agustin gave complainants the distinct impression that she had the power or ability
recruitment and placement
to send people abroad for work such that the latter were convinced to give her the
activities as a private recruitment money. Agustin’s act of collecting from each of the complainants payment for their
entity respective passports, training fees, placement fees, medical tests and other sundry
1. What constitutes recruitment expenses unquestionably constitutes an act of recruitment .
People vs. Panis 142 SCRA 664 - Four separate criminal complaints i) Article 13 (b), labor code
were filed against Abug for operating a fee-charging employment agency without
first securing a license. Abug argued that
the complaints did not charge an offense as he was charged with illegally recruiting
B. Parties and Agencies involved
only one person in each of the four informations. The number of persons is not an
DOLE –
Power and Authority of DOLE
a. ORGANIZE NEW EMPLOYMENT OFFICES: To organize and
establish new employment offices in addition to the existing
employment offices under the Department of Labor as the
need arises;
b. To organize and establish a nationwide job clearance and
information system
 PURPOSE: to inform applicants registering with a
particular employment office of job opportunities in
other parts of the country as well as job opportunities
abroad;
c. To develop and organize a program that will facilitate
occupational, industrial and geographical mobility of labor and
provide assistance in the relocation of workers from one area
to another
d. To require any person, establishment, organization or
institution to submit such employment information as may be
prescribed by the Secretary of Labor
POEA ( Ph overseas employment association– An Overseas
Employment Development Board is hereby created to undertake, in
cooperation with relevant entities and agencies, a
systematic program for overseas employment of Filipino workers in
excess of domestic needs and to protect their rights to fair and
equitable employment practices. It shall have the power and duty:
1.To promote the overseas employment of Filipino workers through a
comprehensive market promotion and development
program;
2. To secure the best possible terms and conditions of
employment of Filipino contract workers on a government-togovernment
basis and to ensure compliance therewith;
3. To recruit and place workers for overseas employment on a
government-to government arrangement and in such other
sectors as policy may dictate;
4. To act as secretariat for the Board of Trustees of the Welfare
and Training Fund for Overseas Workers.
1. Principal –
2. Agency –
3. Migrant worker – RA 8042 (memorize)
a. land-based - Land-Based OFW’s are contract
workers other than a seaman including workers engaged in offshore activities
whose occupation requires that majority of his working/ gainful hours are spent
on land. Occupations in the land-based categories are broader, covering all the
skill areas one can think of from house cleaners to entertainers to
managers.
b. sea-based - Sea-Based OFW’s (or seamen) are those employed in a
vessel engaged in
maritime navigation. Sea-based work pertains to ship operations like navigation,
engineering, maintenance, including a variety of occupations from kitchen staff
to on-board entertainment in large vessel ships
4. Solidary liability
C. POEA jurisdiction – Regulatory/Adjudicatory
1. Transferred to NLRC
a. RA 8042 –Section 10
2. Retained by POEA
a. regulatory powers
b. disciplinary powers
6. JURISDICTION RETAINED WITH POEA
After the passage of R.A. No. 8042, the POEA retains original and exclusive
jurisdiction to hear and decide:
(a) all cases which are administrative in character, involving or
arising out of violations of rules and regulations relating to licensing and
registration of recruitment and employment agencies or entities; and
(b) disciplinary action cases and other special cases which are
administrative in character, involving employers, principals, contracting
partners and Filipino migrant workers.1
6.1 POEA Jurisdiction over Administrative or Regulatory Cases
POEA retains the power to regulate the private sector participation in
the recruitment and overseas placement of workers through its licensing and
registration system. This function is taken up further under Article 25. a. CHARGE GREATER AMOUNT: To charge or accept,
6.2 POEA Jurisdiction over Disciplinary Cases directly or indirectly, any amount greater than that specified in the
POEA has also retained its jurisdiction over disciplinary action cases. schedule of allowable fees prescribed by the Secretary of Labor, or
Rule VII of Book VII of the POEA Rules provides that complaints for breach of to make a worker pay any amount greater than that actually
discipline against a contract worker shall be filed with the Adjudication Office received by him as a loan or advance;
or Regional Office of the POEA, as the case may be. The POEA may motu b. PUBLISH FALSE NOTICE: To furnish or publish any false
proprio notice or information or document in relation to recruitment or
undertake disciplinary action against a worker for breach of discipline. It shall employment;
establish a system of watching and blacklisting of overseas
c. MISREPRESENTATION: To give any false notice,
contract workers.2
testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority
D. Regulatory requirements under this Code;
d. INDUCE WORKER TO QUIT HIS EMPLOYMENT: To
1. Direct hiring induce or attempt to induce a worker already employed to quit his
Nationality requirement - Only Filipino citizens or corporations, employment in order to offer him to another
 unless the transfer is designed to liberate the worker
partnerships
from oppressive terms and conditions of employment;
or entities at least seventy-five percent (75%) of the
e. ATTEMPT TO INFLUENCE: To influence or to attempt to
authorized and voting capital stock of which is owned and
influence any person or entity not to employ any worker who
controlled by Filipino citizens
f. PLACEMENT IN HARMFUL JOBS: To engage in the
1. Remittance recruitment or placement of workers in jobs harmful to public
a. Article 22 health or morality or to the dignity of the Republic of the
b. EO # 857 Philippines;
2. Repatriation of workers g. OBSTRUCT INSPECTION OF DOLE: To obstruct or
3. Travel agencies attempt to obstruct inspection by the Secretary of Labor or by his
duly authorized representatives;
4. Bonds h. FAIL TO FILE REPORTS: To fail to file reports on the:
5. Placement/Service Fees  status of employment,
 placement vacancies,
E. Illegal Recruitment/Prohibited Acts -  remittance of foreign exchange earnings,
 separation from jobs, departures and
(September 3, 2020) – 3 hours  such other matters or information as may be required
by the Secretary of Labor;
Article 34 i. ALTER EMPLOYMENT CONTRACTS : To substitute or
It shall be unlawful for any individual, entity, licensee, or holder of alter employment contracts approved and verified by the
authority: Department of Labor from the time of actual signing thereof by the
parties up to and including the periods of expiration of the same
 without the approval of the Secretary of Labor;
j. BECOME OFFICER OF BOARD IN TRAVEL AGENCY :
To
become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency; and
k. DENY TRAVEL DOCUMENTS: To withhold or deny travel
documents from applicant workers before departure for monetary
or financial considerations other than those authorized under this
Code and its implementing rules and regulations has not applied
for employment through his agency;
Article 38 –(check reviewer)
a. simple illegal recruitment - Where illegal recruitment is proved, but
the elements of “large scale” or “syndicate” are absent, the accused can be
convicted only of “simple” illegal recruitment
b. large scale/economic sabotage
RA 8042, Section 6
Sec. 6. DEFINITIONS. – For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers
and includes referring, contact services, promising or
advertising for employment abroad, whether for profit or not,
when undertaken by a non-license or non-holder of authority
contemplated under Article 13(f) of Presidential Decree No.
442, as amended, otherwise known as the Labor Code of the
Philippines. Provided, that such non-license or non-holder,
who, in any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so engaged. It
shall likewise include the following acts, whether committed
by any persons, whether a non-licensee, non-holder, licensee or
holder of authority.
(a) To charge or accept directly or indirectly any amount
greater than the specified in the schedule of allowable fees
prescribed by the Secretary of Labor and Employment, or to
make a worker pay any amount greater than that actually
received by him as a loan or advance;
(b) To furnish or publish any false notice or information or
document in relation to recruitment or employment;
(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;
(d) To induce or attempt to induce a worker already employed
to quit his employment in order to offer him another unless the
transfer is designed to liberate a worker from oppressive terms
and conditions of employment;
(e) To influence or attempt to influence any persons or entity
not to employ any worker who has not applied for employment
through his agency;
(f) To engage in the recruitment of placement of workers in
jobs harmful to public health or morality or to dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the
Secretary of Labor and Employment or by his duly authorized
representative;
(h) To fail to submit reports on the status of employment,
placement vacancies, remittances of foreign exchange earnings,
separations from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and
Employment;
(i) To substitute or alter to the prejudice of the worker,
employment contracts approved and verified by the
Department of Labor and Employment from the time of actual
signing thereof by the parties up to and including the period of
the expiration of the same without the approval of the
Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged directly
on indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under the Labor
Code and its implementing rules and regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the workers in
connection with his documentation and processing for purposes
of deployment, in cases where the deployment does not
actually take place without the worker’s fault. Illegal
recruitment when committed by a syndicate or in large scale
shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate
carried out by a group of three (3) or more persons conspiring
or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons
individually or as a group.
The persons criminally liable for the above offenses are
the principals, accomplices and accessories. In case of juridical
persons, the officers having control, management or direction
of their business shall be liable.
1. People vs. Verano – AZU pg 109
2. People vs. Angeles – AZU pg 112
F. Employent of Aliens
Employment Permit
 WHO SHALL GET EMPLOYMENT PERMIT:
a. Any alien seeking admission to the Philippines for employment
purposes and
b. Any domestic or foreign employer who desires to engage an
alien for employment in the Philippines
 WHAT TO GET:
Shall obtain an employment permit from the Department of Labor.
 BASIS OF ISSUANCE OF EMPLOYMENT PERMIT:
 After a determination of the non-availability of a person in the
Philippines who is competent, able and willing at the time of
application to perform the services for which the alien is desired.
 For an enterprise registered in preferred areas of investments,
 Said employment permit may be issued upon recommendation
of the government agency charged with the supervision of said
registered enterprise.
G. Sanction/Remedies
Search & Seizure
The Secretary of Labor, NOT being a judge, may no longer issue search or
arrest warrants. Hence, the authorities must go through the judicial process.
To that extent, we declare Article 38, paragraph (c), of the Labor Code,
unconstitutional and of no force and effect.
For the guidance of the bench and the bar, we reaffirm the following
principles:
1. Under Article III, Sec. 2, of the 1987 Constitution, it is only
judges, and no other, who may issue warrants of arrest and search;
2. The exception is in cases of deportation or illegal and
undesirable
aliens, whom the President or the Commissioner of Immigration
may order arrested, following a final order of deportation, for the
purpose of deportation.
In a nutshell, the Secretary of Labor and Employment or his duly
authorized representatives may cause the lawful arrest of illegal recruiters
either:
1. by virtue of a judicial warrant issued by an RTC, MTC or
MCTC judge, as the case may be; or
2. without judicial warrant, under the provisions of Section 5, Rule
113 of the 1985 Rules on Criminal Procedure, as amended;
[revised, effective December 1, 2000, per A.M. No. 00-5-03-SC]
Likewise, searches and seizures may be caused to be made either:
1. by virtue of a search warrant issued by a judge upon a probable
cause in connection with one specific offense determined personally by the
judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized.
2. without a judicial search warrant, for anything which may be
used as proof of the commission of illegal recruitment, under any of the
following conditions:
a) when the search is incidental to a lawful arrest but
limited to the person of the suspect and the place of arrest;
b) when the thing to be seized is in plain view of the
officer; or
c) when the individual concerned knowingly consents to
be searched
Closure/suspension The power of the Secretary or his duly
authorized representatives to order the closure of illegal recruitment
establishments still subsists, because the power is considered essentially
administrative and regulatory. This finds further support under Article 36 of
the Labor Code
Warrant of arrest
a. Salazar vs. Achacoso GR No. 81510, March
14, 1990
II. HUMAN RESOURCES DEVELOPMENT
TESDA (RA 7796) – Technical Education and Skills
Development Authority TESDA ACT of 1994.
 a. Absorbed the National Manpower and
Youth Council (NYMC)
Governing board of TESDA
The TESDA Board shall be composed of the following:
The Secretary of Labor and Employment Chairperson
Secretary of Education, Culture and Sports - Co-Chairperson
Secretary of Trade and Industry - Co-Chairperson
Secretary of Agriculture - Member
Secretary of Interior and Local Government - Member
Director-General of the TESDA Secretariat - Member
In addition, the President of the Philippines shall appoint the
following members from the private sector:
 two (2) representatives, from the employer/industry
organization, one of whom shall be a woman;
 three (3) representatives, from the labor sector, one of
whom shall be a woman; and
 two (2) representatives of the national associations of
private technical-vocational education and training
institutions, one of whom shall be a woman.
As soon as all the members of the private sector are
appointed, they shall so organize themselves that the term of
office of one-third (1/3) of their number shall expire every
year. The member from the private sector appointed thereafter
to fill vacancies caused by expiration of terms shall hold office
for three (3) years.
b. Secretariat of TESDA - section 10
c. TESDA circular No. 16, series of 2004
Apprentices
“Apprenticeship” training within employment with
compulsory related theoretical instructions involving a contract
between an apprentice and an employer on an approved
apprenticeable occupation;
Qualification of an apprentice
1. At least 15 years of age
NOTE: Those below 18 years of age may be eligible for apprenticeship
only in non-hazardous occupations;
2. Physically fit for the occupation;
3. Possess vocational aptitude and capacity;
4. Possess:
a. The ability to comprehend, and
b. Follow oral and written instructions;
5. The company must have an apprenticeship program duly
approved by the SOLE.
NOTE: Trade and industry associations may recommend to the SLE
appropriate educational requirements for different occupations.
Terms/conditions of Apprenticeship Agreement
1. Should be an apprenticeable trade as determined by TESDA
2. Prior approval by the DOLE of the proposed apprenticeship
program is a condition sine qua non before an apprenticeship
agreement can be validly entered into (Nitto Enterprises v. NLRC,
248 SCRA 654).
NOTE: One of the objectives of Title II (Training and Employment of
Special Workers) of the LC is to establish apprenticeship standards for the
protection of apprentices. An apprenticeship program should first be
approved by the DOLE before an apprentice may be hired, otherwise a
person hired will be considered a regular Ee (Century Canning Corp. v. CA,
G.R. No. 152894, August 17, 2007).
Age requirement : 15 years old Status of an apprentice after the lapse of the period of apprenticeship
He is deemed a regular employee. He cannot be hired as a
probationary employee since the apprenticeship is deemed the probationary
Qualification of the employer: period.
1. The employer should be engaged in a business that is considered
a highly technical industry; 1. TESDA approval; effect of absence of approval
2. The job which the apprentice will work on should be an 2. School initiated apprenticeship
apprenticeable occupation. 3. Cases:
a. Nitto Enterprises vs. NLRC GR No. 114337,
It is no longer the SOLE, but the TESDA, who approves apprenticeable Sept. 29, 1995 – AZU p. 135
occupations (Azucena, p. 134).
b. Filamer vs. ICA GR No. 75112, Aug. 17,
1992 – AZU p.138
Compensation and duration of apprenticeship
-working scholar; dole regulations
Compensation of an apprentice declaring no employment relationship is for the purpose
of applying labor standard provisions; when it comes
GR: It starts at not less than 75% of the statutory minimum wage for the 1st to determining civil liability however, the civil code
6 months (except OJT); thereafter, shall be paid in full minimum wage, provision applies;
including the full COLA.
c. Century Canning Corporation vs CA GR No.
XPN: Art. 72 of the LC provides that the SLE may authorize the hiring of
apprentices without compensation whose training on the job is required: 152894 August 17,2007 An apprenticeship program should
1. By the school or; first be approved by the DOLE before an apprentice may be hired,
2. By a training program curriculum or; otherwise a person hired will be considered a regular Ee (Century
3. As requisite for graduation or Canning Corp. v. CA, G.R. No. 152894, August 17, 2007)
4. As requisite for board examination.
Learners
Period of apprenticeship
1. They are persons hired as trainees in semi-skilled and other
Apprenticeship must not exceed 6 months. industrial occupations
2. Which are non-apprenticeable and
NOTE: 3. Which may be learned through practical training on the job in a
1. 2 months/400 hours: Trades or occupations which normally relatively short period of time
require 1 year or more for proficiency 4. Which shall not exceed 3 months
2. 1 month/200 hours: Occupations and jobs which require more 5. Whether or not such practical training is supplemented by
than 3 months but less than 1 year for proficiency (IRR, Book II, theoretical instructions (IRR, Book II, Rule VII, Sec. 1[a]).
Rule VI, Sec. 19).
Qualifications
A learner must be at least 15 years of age.
NOTE: Those below 18 years of age shall not work in hazardous
occupations.
Terms/conditions of Agreement
Any employer desiring to employ learners shall enter into a learnership
agreement with them, which agreement shall include:
Learner becoming a regular employer (after 2 months of
learnership)
Pre-termination of Learnership contract; regular employment
If training is terminated by the employer before the end of the
stipulated period through no fault of the Learners, they are deemed regular
employees (IRR, Book II, Rule VII, Sec. 4). Provided, they have already
been trained for 2 months.
Handicapped workers

1. The names and addresses of the learners; 1. Terms of Agreement

2. The duration of the learnership period, which shall not exceed 3 2. RA 7277, Magna carta for the disabled - ensures
months; equal opportunities for disabled persons and prohibits
3. The wages or salary rates of the learners which shall begin at not discrimination against them.
less than 75% of the applicable minimum wage; and
4. A commitment to employ the learners if they so desire, as
3. Rights and privileges of disabled persons
regular employees upon completion of the learnership. 4. Discrimination on Employment
5. Cases:
Age requirement – at least 15 years old a) Bernardo vs. NLRC 310 SCRA
186 (1999) The mere fact that a worker
Duration and compensation – has a disability does not make him a
Max: 3 months disabled worker because his disability
Compensation: Not less than 75% of the applicable minimum wage may not impair his efficiency or the
quality of his work. If despite his
disability he can still efficiently perform
his work, he would be considered a
Qualification of the employer and the learner qualified disabled worker entitled to the
same treatment as qualified able-bodied
Persons who may employ learners workers (Bernardo v. NLRC, G.R. No.
122917, July 12, 1999).
Only employers in semi-skilled and other industrial occupations which are
non-apprenticeable may employ learners.
III. CONDITIONS OF EMPLOYMENT - (September 10,
2020)
A. EMPLOYER-EMPLOYEE RELATIONSHIP
a. Elements of the relationship
Four fold Test-
The four–fold test (indicia of determination):
1. Selection and engagement of the employee;
2. Payment of wages;
3. Power of dismissal; and
4. Power of control (1 Azucena, 2016 p. 189)
Control test
It is the so-called “control test” that is the most important
element.
Absent the power to control to the employee with respect to the
means and methods of accomplishing his work, there is no
employer-employee relationship between the parties
The control test assumes primacy in the overall consideration.
There is an Er-Ee relationship when the person for whom the
services are performed reserves the right to control not only the
end achieved but also the manner and means used to achieve
that end (Television and Production Exponents Inc. v. Servana,
542 SCRA 578).
The control test calls merely for the existence of the right to
control the manner of doing the work, not the actual exercise of
the right.
Exclusivity of service, control of assignments and removal of
agents under private respondents unit, collection of premiums,
furnishing of company facilities and materials as well as capital
described as Unit Development Fund are but hallmarks of the
management system where there can be no escaping the
conclusion that one is an employee of the insurance company
(Insular Assurance Co., Ltd., v. NLRC, G.R. No. 119930,
March 12, 1998).
Economic reality test
This two-tiered test would provide us with a framework of
analysis, which would take into consideration the totality of
circumstances surrounding the true nature of the relationship
between the parties. This is especially appropriate in this case
where there is no written agreement or terms of reference to
base the relationship on and due to the complexity of the
relationship based on the various positions and responsibilities
given to the worker over the period of the latter’s employment
(Francisco v. NLRC, G.R. No. 170087, August 31, 2006).
Elements:
1. The putative Er’s power to control the Ee with respect to the
means and methods by which the work is to be accomplished
(Four-fold test);
2. The underlying economic realities of the activity or
relationship (economic reality test).
Job Contracting-
Department Order No. 174 (2017)
This refers to an arrangement whereby a principal agrees to put
out or farm out to a contractor or subcontractor the
performance or completion of a specific job, work or service
within a definite or predetermined period, regardless of
whether such job, work or service is to be performed or
completed within or outside the premises of the principal.
Employment relationship and job contracting are inseparable
issues—explaining one requires explaining the other. But they
describe opposite or incompatible relationships, producing
dissimilar effects. As a rule, they exclude each other: An
employee is not a contractor; a contractor is not an employee
and does not enjoy employee’s rights. A contractor is self-
employed or an employer to others. And if a contractor (an
individual or a firm) hires other workers, the latter are his
employees and not those of the contractee. But the law
validates this trilateral set-up only if the contractor is himself a
bona fide employer-businessman or business firm. If he is
not so, the supposed contractee or client may end up being the
employer of those other workers. The crucial question then is:
Who is a bona fide job contractor?
what is valid job contracting?
Take the familiar business of a security agency. It enters into
contracts to render a job or service and, therefore, is also
known as a job contractor. The guards that the security agency
supplies or assigns to an enterprise do not thereby become
employees of the client company. They are employees of the
security agency because, ordinarily, a security agency is an
independent contractor, hence, an employer. To the contractor
and its employees, the Labor Code applies. While employer-
employee relationship exists between a job contractor and the
workers
that he hires, no such relationship exists between those workers
and the job contractee, the contractor’s client.
Labor only contracting
It is a prohibited act, an arrangement where the contractor or
subcontractor merely recruits, supplies or places workers to
perform a job, work or service for a principal.
Entirely different is the case of a labor-only contractor. His
contract is not to accomplish a job or service but merely to
supply the people to do the job. In effect, he does not really
hire people but merely recruits and supplies people.
He is an agent of the true employer, the enterprise to which the
labor-only contractor sends the people.
To sum up, employer-employee relationship exists between the
job contractor and the people he hires; on the other hand, in
labor-only contracting the employer-employee relationship is
between the workers and the enterprise
to which they are supplied.
Contracting and the distinction between “labor-only
contracting” and “job
contracting” are treated further under Articles 106 to 109.
Essential Elements of Labor-Only Contracting
1. The contractor or subcontractor does not have substantial
capital or investment to actually perform the job, work or
service under its own account and responsibility; and
2. The employees recruited, supplied or placed by such
contractor or subcontractor are performing activities which are
directly related to the main business of the principal (Sasan v.
NLRC, G.R. No. 176240, October 17, 2008).
NOTE: A finding that a contractor is a “labor-only” contractor
is equivalent to declaring that there is an ER-EE relationship
between the principal and the employees of the “labor-only”
contractor (San Miguel Corp. vs. MAERC Integrated Systems.
G.R. No. 144672; July 10, 2003).
Permissible job contracting
A person is considered engaged in legitimate job contracting or
subcontracting if the following conditions concur:
1. The contractor or subcontractor carries on a distinct and
independent business and undertakes to perform the job, work
or service on its own account and under its own responsibility
according to its own manner and method, and free from the
control and direction of the principal in all matters connected
with the performance of the work except as to the results
thereof;
2. The contractor or subcontractor has substantial capital or
investment; and
3. The Service Agreement ensures compliance with all the
rights and benefits for all the employees of the contractor or
subcontractor under the labor laws (D.O. No. 174, Sec. 8, s.
2017).
a. Other forms of service arrangement
i. Partnership
ii. Consultancy
iii. Contract for a piece of work
b. Cases:
1.South East International Rattan, Inc. and/or Estanislao Agbay
v. Jesus Coming; GR 186621 (2014) Facts:
Petitioner South East International Rattan is a domestic
corporation engaged in the business of manufacturing and
exporting furniture to various countries. Respondent Coming
was hired by petitioner as Sizing Machine Operator whose
work is initially compensated on ‘pakiao basis’ but sometime
was fixed per day and a work schedule of 8:00am to 5:00pm.
Without any apparent reason, his employment was interrupted
as he was told by petitioners to resume work in 2 months time
but was never called back. Respondent thus filed a complaint
before the regional arbitration branch. The Labor Arbiter ruled
respondent as a regular employee of petitioner SEIRI but on
appeal, was reversed by the NLRC. CA then reversed the
NLRC decision and ruled that there existed an employer-
employee relationship between petitioners and respondent.
Issue:
Whether or not there is employer-employee relationship
between petitioner and respondent.
Ruling: YES.
We affirm the CA.
To ascertain the existence of employer-employee relationship
jurisprudence has invariably adhered to the four-fold test, to
wit: (1) the selection and engagement of the employee; (2) the
payment of wages; (3) the power of dismissal; and (4) the
power to control the employee’s conduct, or the so-called
“control test.”
x x x As to the “control test”, the following facts indubitably
reveal that respondents wielded control over the work
performance of petitioner, to wit: (1) they required him to work
within the company premises; (2) they obliged petitioner to
report every day of the week and tasked him to usually perform
the same job; (3) they enforced the observance of definite
hours of work from 8 o’clock in the morning to 5 o’clock in the
afternoon; (4) the mode of payment of petitioner’s salary was
under their discretion, at first paying him on pakiao basis and
thereafter, on daily basis; (5) they implemented company rules
and regulations; (6) [Estanislao] Agbay directly paid
petitioner’s salaries and controlled all aspects of his
employment and (7) petitioner rendered work necessary and
desirable in the business of the respondent company.
2.Cesar Lirio (Celkor Ad Sonicmix)
v. Wilmer Genovia; GR 169757
(2011)
3 .Marticio Semblante and Dubrick
Pilar v. CA, Gallera de Mandaue and
Spouses Loot; GR 196426 (2011)-
LACK OF FIRST ELEMENT
(SELECTION)
4. Wilhelmina Orozco v. CA, PDI, and Leticia Jimenez
Magsanoc; GR 155207 (2008) In March 1990, PDI engaged the
services of petitioner to write a weekly column for its Lifestyle
section. She religiously submitted her articles every week, except
for a six-month stint in New York City when she, nonetheless,
sent several articles through mail. She received... compensation of
P250.00 - later increased to P300.00 - for every column
published.[5]
On November 7, 1992, petitioner's column appeared in the PDI
for the last time. Petitioner claims that her then editor, Ms. Lita T.
Logarta,[6] told her that respondent Leticia Jimenez Magsanoc,
PDI Editor in Chief, wanted to stop publishing her column for...
no reason at all and advised petitioner to talk to Magsanoc herself.
Petitioner narrates that when she talked to Magsanoc, the latter
informed her that it was PDI Chairperson Eugenia Apostol who
had asked to stop publication of her column, but that in a
telephone conversation... with Apostol, the latter said that
Magsanoc informed her (Apostol) that the Lifestyle section
already had many columnists.[7]
On the other hand, PDI claims that in June 1991, Magsanoc met
with the Lifestyle section editor to discuss how to improve said
section. They agreed to cut down the number of columnists by
keeping only those whose columns were well-written, with
regular feedback and following. In... their judgment, petitioner's
column failed to improve, continued to be superficially and poorly
written, and failed to meet the high standards of the newspaper.
Hence, they decided to terminate petitioner's column.[8]
Aggrieved by the newspaper's action, petitioner filed a complaint
for illegal dismissal, backwages, moral and exemplary damages,
and other money claims before the NLRC.
On October 29, 1993, Labor Arbiter Arthur Amansec rendered a e. FAMILY MEMBERS
Decision in favor of petitioner f. DOMESTIC HELPERS;
i. Study RA 10361 - Kasambahay law
g. Cases:
5. Tabas vs California
i. Nasurefco vs NLRC – Gr No.
Manaufacturing Corpo GR No. L-
101761 March 24, 1993
80680 January 26, 1989
ii. Penaranda vs Baganga Plywood
6. Sonza vs ABS CBN GR No.
Corp GR No. 159577, May 3, 2006
138051 June 10, 2004
iii. National service corporation vs
7. Insular Life Assurance Co. vs
NLRC GR No. 69870 November 29,
NLRC GR No. 84484 November
1988
15, 1989
iv. Labor Congress of the Phil vs NLRC
8. Philippine Bank of Communications
v. NLRC, Hon. Arbiter Teodorico
GR No. 123938 May 21, 1998
Dogelio & Ricardo Orpiada; GR L-
66598 (1986)

B. COVERAGE. (September 17, 2020)

a. Article 82 and the Implementing Rules

C. EXCLUDED EMPLOYEES:

a. GOVERNMENT EMPLOYEES
i. Civil Service Commission
ii. Executive Order No. 180
b. MANAGERIAL EMPLOYEES
i. Definition
ii. Members of managerial staff
c. FIELD PERSONNEL
d. PIECE RATE WORKERS