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Syllabus - Labor Law I
Syllabus - Labor Law I
SYLLABUS
Labor Law I
Arellano University School of Law
N.B. Additional cases will be given during class as well as other updates.
Reference books to aid in the discussion: Labor Standards and Social Legislations by Dean
Poquiz; Labor Laws and Social Legislations by Dean Duka.
Topics:
A. Constitutional Provisions/Basis:
Art. II, Sec. 10 and 18, Art. III, Sec. 8, Art. XIII, Sec. 3, Art. XIII, Sec. 14
B. Civil Code
Arts. 1700 to 1710
C. International Conventions
Universal Declaration of Human Rights Arts. 3,7,17,22,23,24,25
International covenant on economic, social and cultural rights part 3, Arts. 6-11
International Covenant on Civil and Political Rights part II, art.8
D. Definitions: Labor Law & its sources, Labor Standards, Labor Relations, Social Legislation
E. History & Structure of the Labor Code and the Omnibus Rules Implementing the Labor Code
Cases:
Maternity Children's Hospital vs. Sec. of Labor, 174, GR 79809, June 30, 1989
PASEI vs. Drilon, GR 81958, June 30, 2018
Calalang vs. Williams, 70 Phil. 726, GR 47800, Dec. 2, 1940
Phil. Airlines vs. Santos, 218 SCRA 415, GR 77875, Feb. 4, 1993
Davao Fruits vs. Associated Labor Union, 225 SCRA 562, GR 85073, Aug. 24, 1993
Antonio Serrano vs. Gallant Maritime, GR 167614, March 24, 2009
Federico Ledesma vs. NLRC, GR 174585, October 19, 2007
Statutory Reference:
Chapter 1, Articles 1-6 of the renumbered Labor Code
Topics:
A. Declaration of Basic Policy
1. Rights of Employees and Workers
2. Management Rights/Management Prerogative
B. Construction in favor of labor
C. Rule-making power and the implanting rules and regulations
D. Applicability of the Labor Code
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1. Definitions, Book V, Title I, Chapter I, Art. 219 (e) (f) (m) and Art. 291 of the Labor
Code
2. Employer-Employee (EE-EE) Relationship
3. Tests to determine EE-EE
Cases:
III. PRE-EMPLOYMENT
Statutory References:
Articles 12 to 39 of the renumbered Labor Code
RA 8042 as amended by RA 10022, Migrant workers and Overseas Filipino Act
DOLE Department Order No. 141-14 Revised Rules and Regulations governing recruitment and
placement
2002 POEA Rules for Land-Based Overseas Workers
Note: Arts. 15 & 17 were abolished (functions are now being undertaken by the POEA), Arts.
19 & 20 have been superseded by B.P. 79 & EO 797 respectively, while Art. 39 has been repealed
Topics:
A. Recruitment and Placement - Definitions
B. Parties that may engage in recruitment and placement & exceptions
C. Prohibited Practices
D. Mandatory Remittance
E. Regulatory and Visitorial powers of the DOLE Secretary
F. Illegal Recruitment, definition & kinds
G. Liabilities, pretermination of contract, penalties, remedies
Cases:
Statutory References:
Topics:
A. Coverage
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B. Employment Permit
C. Prohibitions
Cases:
Statutory References:
Arts. 57-81 of the renumbered Labor Code
RA 7796, TESDA Act of 1994
RA 7686, Dual Training Systems Act of 1994
RA 7277, Magna Carta for Disabled Persons
RA 7610 as amended RA 7658 in relation to qualifications
Topics:
A. Apprenticeship vs Learnership
B. Defintions, Qualifications, Durations
C. Implementing Agency
D. Allowable Employment
E. Compensation
Cases:
Atlanta Industries vs. Sebolino, G.R. No. 187320, Jan. 26, 2011
Professional Video vs. TESDA, G.R. No. 155504, June 26, 2009
Century Canning vs. CA, G.R. No. 152894, Aug. 17, 2007
Nitto vs. NLRC, G.R. No. 114337, Sep. 29, 1995
Bernardo vs. NLRC, G.R. No. 122917, July 12, 1999
Statutory References:
Topics:
A. Hours of Work
1. Compensable Hours of Work
2. Normal Hours of Work
3. Meal Periods
4. Flexible Work Arrangements
5. Night Shift Differential
6. Overtime Work
7. Emergency Overtime Work
8. Undertime not offset by Overtime
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Cases:
VII. WAGES
Statutory References:
Topics:
A. Definition
B. Minimum Wage Rates
C. Facilities vs. Supplements
D. Forms, Time, Place of Payment
E. Bonuses
F. 13th month pay
G. Non-Diminution of Benefits
H. Attorney’s Fees
I. Wage Deduction, Interference in Disposal & Withholding of Wages
J. Job Contracting and Labor Only Contracting
K. Worker Preference in case of Bankruptcy
L. Powers and Functions of the NWPC & RTWPB
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1. Wage Determination
2. Wage Distortion
M. Administration and Enforcement
Cases:
Statutory References:
Art. 130 to 161 of the renumbered Labor Code
RA 7610 as amended in relation to working conditions of children
RA 10361 or the Batas Kasambahay
DOLE Department Order No. 2, Series of 2018
DOLE Department Order No. 10, Series of 2018
DOLE Department Order 119-12, Series of 2012
Topics:
A. Employment of Women
1. Facilities
2. Discrimination
3. Stipulation Against Marriage
4. Prohibited Acts
B. Employment of Minors
1. Conditions
2. Prohibited Acts
3. Sanctions
C. Employment of Househelpers
1. Coverage
2. Exception
3. Benefits
4. Dismissal Process
D. Employment of Homeworkers
E. Employment of Night Workers
Cases:
PLDT vs. NLRC & Grace De Guzman, G.R. No. 118978, May 23, 1997
Apex Mining vs. NLRC, G.R. No. 94951, Apr. 22, 1991
Barcenas vs. NLRC, G.R. No. 87210, July 16, 1990
Remington vs. Castaneda, G.R. No. 169295, Nov. 20, 2006
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Statutory References:
Cases:
END
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