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Please just answer the following:

1. What do you understand by the term "Labor"?
My undersranding of Labor is that it is the physical exertion of effort as an activity as means of
economic gain.
2. Give the distinction of Labor Standards and Labor Relations.
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.
On the other hand, Labor relations pertains to laws that defines the status, rights and duties and the
institutional mechanisms that govern the individual and collective interactions, of employers,
employees or their representatives.
In perspective, Labor standards is the substance to be processed while Labor relations is the
mechanism that processes the substance.
3. Labor Standard and Labor Relations are said to be not mutually exclusive, rather, they complement
each other.  Could you give an illustration (other than that found in the book) of how standards and
relations are complementary to each other?
Labor Standard and Labor Relations complement each other because Labor relations pertains to the
mechanism or process in resolving issues or grievances regarding Labor Standards. Labor standards
provides for the substance while Labor relations provides for the mechanism or means of processing
this substance.
4. What is social legislation? Please give examples.
Social legislation are those laws that provide particular kinds of protection or benefits to society or
segments thereof in furtherance of social justice, which is the promotion of the welfare of the people
by adoption of measures that insure economic stability of all the components of the society by
maintaining an economic and social equilibrium in the interrelations of the members of society.
Examples of social legislations are Agrarian Reform Laws, which provides for a social security system
and Labor Laws, which governs the standards of labor and the means of implementing, maintaining
and resolving issues on such standards and employment.
5. Could you explain why the aim, justification and reason is social justice?

6.  What provisions on the constitution can we consider as important labor related provisions?
7. Supposing there is a violation of the constitutional provision on labor, could you file a case? Why
or why not?
8. How do we construe provisions of the labor code? Why is it so? Does this mean that the law do
not recognise the right of the management or employer?
According to Article 4 of the Labor Code, doubts in the implementation and interpretation of the
provisions of the Labor Code shall be resolved in favor of labor. This construction of the provisions of
the Labor Code does not mean non-recognition of the rights of employers. The reason for this is that
the employer stands on a higher footing than the employee. The law simply protects the labor to the
extent of raising him to equal footing with the employer in bargaining relations.
9. Please enumerate and explain some management rights. 
 Rights to Return on Investments. The state must recognize the right of labor to its just share
in the fruits of production and the right of enterprises to reasonable returns on investments,
and to expansion and growth.
 Right to Prescribe Rules. This pertains to the rights of employers to make reasonable rules
and regulations to govern conduct of employees. Employees, with knowledge of the
established rules is bound by the stipulations of the contract as long as it not shown to be
grossly oppressive or contrary to law.
 Right to Select Employees. This is the right of employers to freedom in selecting personnel to
employ. Employers may accept or refuse to employ as he/she deems fit.
 Right to Transfer or Discharge Employees. Employers have the right to transfer, reduce or lay
off personnel in order to ensure stability of the business.
10. Are the provision of the labor code applicable to all workers? 
According to Article 6 of the Labor Code, all rights and benefits granted to workers under the Labor
Code shall apply alike to all workers, whether agricultural or non-agricultural, except as otherwise
provided in the code. Additionally, the code may even apply to parties who are not in an employee-
employer relationship.
11. For GOCC, what is the test to determine whether it the labor code is applicable or not?
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.
12. Can you also apply the labor code provision when there is no employer-employee relationship? If
yes, could you illustrate?
Yes, Labor Code applies to parties even with the absence of an employer-employee relationship.
Issues regarding such matters may be resolved through the provisions of the code, its implementing
rules, and interpretative court rulings. An example of which are the rules and regulations regarding
hiring of Contract of Service Personnel. Although COSPs technically do not have employee-employer
relationships with their hiring authority, they are still protected by the provisions of the code.
13. Who can engage in recruitment and placement?
According to Article 13 of the Labor Code, any person or entity which offers or promises for a fee
employment to two or more persons are deemed engaged in recruitment and placement.
Likewise, although Article 18 provides that only public employment offices shall engage in
recruitment and placement, Article 25 provides for certain exceptions. Based on the Rules
Implementing the Code, the following are authorized to recruit and place workers:
a. public employment offices;
b. private recruitment entities;
c. private employment agencies;
d. shipping or manning agents or representatives;
e. the POEA;
f. construction contractors if authorized to operate by DOLE and the Construction Industry Authority;
g. members of the diplomatic corps although hirings done by them have to be processed through
the POEA
h. other persons or entities as may be authorized by the DOLE secretary

14. What agencies are tasked with recruitment of workers?

The Bureau of Employment Services has the duty to establish and maintain a registration and/or
licensing system to regulate private sector participation in the recruitment and placement of workers.
15.  Please explain the functions of the POEA.  What is the jurisdiction of the POEA? Where do you
appeal the cases decided by the POEA?
16. Could you explain the :Ban on direct hiring" under Article 18? Why is there a ban?
17.  The POEA is tasked to secure the best possible term of employment for contract seamen workers
and secure compliance therewith.  Please explain this function by giving the a brief discussion of the
cases Wallem Shipping Inc vs Minister of Labor and the case of Vir-Jen Shipping and Marine Services
vs NLRC. (please focus on the ruling, particularly that part pertaining to the function of the
government in protecting the welfare of the seamen.  A very brief statement of the facts will be
sufficient)
18. Please explain the doctrine of lex loci contracts as enunciated in the case of Triple Eight
Integrated Services vs NLRC and Sameer Overseas Placement vs Cabiles. 
19. what are the minimum provisions in the POEA Standard Employment Contract?
20. In the case of MAunlad Trans Inc vs Camoral, Camoral was offered $10,075 corresponding his
Grade 10 disability, but he still used the company citing the POEA SEC.  In this case, the petitioner
insisted that disability rating that it gave Camoral must prevail.  Did the Court agree with the
petitioner? Please also discuss how the Court ruled on the seemingly different rule on the POEA SEC,
AREC and the provisions of the Labor Code on disability. 
21. Please discuss the effect of a side agreement as enunciated in the case of Chavez vs Bonto -
Perez et al.
22. What are the agencies assigned to promote the welfare and protect the rights of the migrant
workers? Please give a brief discussion of each department's function and powers.
Pleas just read Art. 22- 24.