B.

Wages
LABOR LAW 1. Definition, components, and exclusions
a. Wage vs. salary
b. Distinguish: facilities and supplements
I. FUNDAMENTAL PRINCIPLES c. Bonus, 13th month pay
A. Legal Basis d. Holiday pay
1. 1987 Constitution
2. Civil Code 2. Principles
3. Labor Code a. No work, no pay
b. Equal pay for equal work
B. State policy towards labor c. Fair wage for fair work
d. Non-diminution of benefits
1. Security of tenure
2. Social justice 3. Minimum wage
3. Equal work opportunities a. Payment by hours worked
4. Right to self-organization and collective b. Payment by results
bargaining
5. Construction in favor of labor 4. Payment of wages
6. Burden of proof and quantum of evidence 5. Prohibitions regarding wages
6. Wage determination
II. RECRUITMENT AND a. Wage order
b. Wage distortion
PLACEMENT
A. Definition of recruitment and placement C. Leaves
B. Regulation of recruitment and placement 1. Labor Code
of activities a. Service incentive leave
1. Regulatory authorities
2. Ban on direct hiring 2. Special Laws
3. Entities prohibited from recruiting a. Parental leave for solo parents
4. Suspension or cancellation of license or b. Expanded maternity leave
authority c. Paternity leave
d. Gynecological leave
5. Prohibited practices
e. Battered woman leave
C. Illegal Recruitment D. Sexual harassment in the work
1. Elements
environment
2. Types
1. Definition
3. Illegal recruitment as distinguished from
2. Duties and liabilities of employers
estafa
3. Applicable laws:
a. Sexual Harassment Act
D. Liability of local recruitment agency and b. Safe Spaces Act
foreign employer
1. Solidary liability E. Working conditions for special groups of
2. Theory of imputed knowledge employees
1. Apprentices and learners
E. Termination of contract of migrant 2. Disabled workers
worker a. Equal opportunity
F. Employment of non-resident aliens b. Discrimination on employment
c. Incentives for employers

III. LABOR STANDARDS 3. Gender

A. Conditions of employment a. Discrimination
1. Hours of work b. Stipulation against marriage
a. Principles in determining hours worked and c. Prohibited acts
employees exempted or not covered d. Facilities for women
b. Compensable Time e. Women working in night clubs, etc.
i. Normal hours of work
ii. Night shift differential 4. Minors
iii. Overtime work 5. Kasambahays
(a) Compressed work week
6. Homeworkers
(b) Built-in overtime
(c) Non-compensable hours; when compensable 7. Solo parents
i. Meal break 8. Night workers
ii. Power interruptions or brownouts 9. Migrant workers
iii. Idle time 10. Security guards
iv. Travel time
v. Commuting time
vi. Waiting time IV. POST-EMPLOYMENT
A. Employer-employee relationship
2. Rest periods 1. Tests to determine existence
3. Service charge
2. Legitimate subcontracting as distinguished 3. Assumption of jurisdiction by Secretary of
from labor-only contracting Labor and Employment
a. Elements a. Industry indispensable to the national interest
b. Trilateral relationship b. Effects of assumption of jurisdiction
c. Liabilities
VI. MANAGEMENT
3. Kinds of employment
a. Regular PREROGATIVES
b. Casual A. Discipline
c. Contractual B. Transfer or employees
d. Project C. Productivity standards
e. Seasonal
f. Fixed-term
D. Bonus
g. Probationary; private school teachers E. Change of working hours
F. Bona fide occupational qualifications
B. Termination by employer G. Post-employment restrictions
1. Requisites for validity H. Marriage between employees of
2. Preventive suspension competitor-employers
3. Illegal dismissal
4. Money claims arising from employer- VII. SOCIAL LEGISLATION
employee relationship
A. Social Security System Law
5. When not deemed dismissed; employee on
1. Coverage and exclusions
floating status
2. Dependents and beneficiaries
3. Benefits
C. Termination by employee
1. With notice to the employer
B. Government Service Insurance System
2. Without notice to the employer
3. Distinguish voluntary resignation and Law
constructive dismissal 1. Coverage and exclusions
2. Dependents and beneficiaries
3. Benefits
D. Retirement
C. Limited Portability Law
V. LABOR RELATIONS D. Disability and death benefits
A. Right to self-organization 1. Labor Code
1. Who may or may not exercise the right 2. Employees Compensation and State
a. Doctrine of necessary implication Insurance Fund
2. Commingling or mixture of membership 3. Philippine Overseas Employment
3. Rights and conditions of membership Administration-Standard Employment Contract
a. Nature of relationship
i. Member-Labor union
ii. Labor union federation E. Solo Parents
(a) Disaffiliation F. Kasambahay
(b) Substitutionary doctrine G. Agrarian Relations
1. Concept of agrarian reform
B. Bargaining unit 2. Existence and concept of agricultural
C. Bargaining representative tenancy
1. Determination or representation status 3. Rights of agricultural tenants
4. Concept of farmworkers
D. Rights of labor organizations
1. Check off, assessment, agency fees H. Universal Health Care
2. Collective bargaining 1. Policy
a. Duty to bargain collectively 2. Coverage
b. Collective Bargaining Agreement 3. National Health Insurance Program
i. Mandatory provisions in a Collective Bargaining
Agreement
VIII. JURISDICTION AND
E. Unfair labor practices REMEDIES
1. Nature, aspects A. Labor Arbiter
2. By employers 1. Jurisdiction of the Labor Arbiter as
3. By labor organizations distinguished from the Regional Director
2. Requirements to perfect appeal to National
F. Peaceful concerted activities Labor Relations Commission
1. By labor organization 3. Reinstatement and/or execution pending
a. Strike appeal
i. Valid strikes as distinguished from illegal strikes
b. Picket
B. National Labor Relations Commission
2. By employer
a. Lockout C. Court of Appeals
D. Supreme Court
E. Bureau of Labor Relations
F. National Conciliation and Mediation
Board
1. Jurisdiction
2. Conciliation as distinguished from mediation
3. Preventive mediation
G. Department of Labor and Employment
Regional Directors
1. Jurisdiction
2. Recovery and adjudicatory power
H. Department of Labor and Employment
Secretary
1. Jurisdiction
2. Visitorial and enforcement powers
3. Power to suspend effects of termination
4. Remedies

I. Voluntary Arbitrator
1. Jurisdiction
2. Remedies

J. Prescription of actions
1. Money claims
2. Illegal dismissal
3. Unfair labor practice
4. Offenses under the Labor Code
5. Illegal recruitment