Constitutional provisions

 Sec. 18, Art. II.

1. State’s affirmation of labor as a primary social economic force

2. Protection of workers’ rights
3. Promotion of their welfare

 Sect. 20, Art. II. Recognizes the indispensable role of the private sector

 Sec. 1, Art. III

Employment is recognized as a property right thus it shall not be deprived without due
process of law.

 Sec. 4, Art. III

Basis to uphold workers’ right to peaceably assemble

 Sec. 8, Art. III

Freedom to form unions, associations or societies

 Sec. 16, Art. III

Speedy disposition of labor cases

 Sec. 18, Art. III

Freedom from involuntary servitude

 Sec. 1, Art. XIII

The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce soci

Worker’s rights are human rights

Employer’s rights are primarily property rights and thus covered by the second paragraph

Sec. 2

Sec. 3
Full protection to labor, full employment, and equality of employment opportunities for all

Contains an enumeration of worker’s rights

What are the constitutional rights of workers?

Collective rights
Right to self-organization, collective bargaining and negotiations, peaceful concerted activities
including the right to strike in accordance with law

The right to strike is a constitutional right but is qualified in a sense that it must be in
accordance with law

Individual rights
Security of tenure, humane conditions of work, living wage

537 minimum wage in MM

Participation in policy and decision-making processes affecting their rights and benefits – within
and beyond the establishment

Principle of shared responsibility

Preferential use of voluntary modes in settling disputes

Regulating

Women

Labor
Art 3,
4 – DOUBTS. What you resolve are the doubts, not issues, not cases. DOUBTS
Not limited to the code, IRRs, extend to contracts like CBA

218

B and c

B. very important in labor relations

The law sets the minimum standards

290
Tripartism
Government employers workers

Advisory, recommendary body

Civil Code
1700

1702

Brent ruling fixed term employment jurisprudential. Allowed because of civil code

EER is by operation of law, not by contractual agreement

Determined by law

Four fold test

Hiring selection, engagement. Selection may be implied
Wages payment of compensation
Firing authority to dismiss terminate
Control

What control are we looking for?

Labor law “control”

Tongko case, dictating the means or methods to be employed in attaining the result or of fixing
the methodology and of binding or restricting the party hired to the use of these means.

The amount of control that the purported employer has over the worker should be such that
the employer must have the power to dictate the means and methods to be employed by the
worker in attaining the results. The worker has no choice.

Control over the work vs over the result

Computer table – product

Give the worker the specifications, provide the tools – control over the result NOT control over
the work.

Control over the process, methodology at any point you can interfere this is how you should do
– control over the work
It is the existence of the power of control, not the actual exercise. Meaning as long as you can
show that the power exists even if there’s no overt act of control, we can conclude that there is
EER

So how can you show? By inference

Workers performing within the premises

SC: control over the work could be proved to have existed even if there’s no actual exercise of
control.. working inside the factory.. but the court did not impose this as a requirement for
there to be control

Be careful with guidelines.. look at the guidelines..

Art. 295 is not the basis of ER-EE (not an appropriate standard/ test)

Villamaria v CA dual juridical relationship

Under the boundary-hulog scheme incorporated in the kasunduan,

Kasunduan – sale of the jeepney

Driver will be paying

Operator jeepney driver – ER EE

The kasunduan did not extinguish the employer-employee relationship of the parties extant
before the execution of said deed

There are two juridical relations, ER EE, vendor-vendee. Coexisted. One did not negate the
other

Who are not considered EE

Corporate officer vs employee – Matling case

Look at the by laws. If the by laws identify the position as corporate officer
Criteria : provision in the by laws
Corporate officer not employee – may be ousted at will,

What is the consequence? If CO, not an illegal dismissal case falling under the J of the LA. Not a
termination dispute within the context of the labor code. RTC

Two tier test; Real v. sangu

Status or relationship of the parties, the nature of the question that is the subject of the
controversy

TALENTS
Production assistants, drivers/cameraman, security guards are not talents they are employees

Jay sonza case, talent

Talent doctrine applies only is such that the labor law control would not be existing unless the
worker involved has the special skills and talents and terms and conditions of jay sonza’s
employment they could not be considered talent simply because they are working in the
broadcast industry

APPRENTICES

Art. 58

Highly technical job or position

Art. 72. Apprentices without compensation

LEARNERS
Art. 73

Apprentice vs learner
Learner not as highly technical as apprentice

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Women workers
Art. 136 categorical declaration that there is an ER EE