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Mod13Wk15 LaborSocialLegislation
Mod13Wk15 LaborSocialLegislation
Mod13Wk15 LaborSocialLegislation
MODULE 13
LABOR LAW AND SOCIAL LEGISLATION
WEEK 15
INTRO – MODULE 13 (Labor Law & Social Legislation) [WEEK 14] 🚩2
Provision for higher but not below the
minimum prescribed – These minimum conditions are
normally indicated in an employee’s employment contract.
Some firms or employers even provide for higher
standards than that provided for under the law. What is
important is that the conditions of work, more particularly
the benefits, do not fall below the minimum prescribed
under the Labor Code.
(a) Law;
(b) Contract or collective bargaining agreements; and
(c) General principles of fair play and justice.
INTRO – MODULE 13 (Labor Law & Social Legislation) [WEEK 14] 🚩 20
EMPLOYER-EMPLOYEE RELATIONSHIP. –
➢
NLRC – The National Labor Relations
Commission is a quasi-judicial body attached to the
Department of Labor and Employment (DOLE), which is
tasked to promote and maintain industrial peace by
resolving labor and management disputes involving both
local and overseas workers through compulsory
arbitration and alternative modes of dispute resolution.
➢
It should be noted that control by the
employer need not be actually exercised in order to be
determinative of an employer-employee relationship. It is
sufficient that such power is reserved to the employer
although the use of the same has never arisen.
KINDS OF EMPLOYEES –
Security of tenure – During the seasonal or
project employment, the employee enjoys security of
tenure and may not be terminated without cause.
TERMINATION OF EMPLOYMENT –
Termination of employment refers to the cessation of the
services of the employee by management either through
just or authorized causes. The employee’s constitutional
right to security of tenure, wherein the employer cannot
terminate his services without just or authorized causes,
applies both to regular and non-regular employees.
* * * END * * *
HAPPY READING & LEARNING!
INTRO – MODULE 13 (Labor Law & Social Legislation) [WEEK 14] 🚩 31
SOURCES of NOTES:
FOOD FOR
THOUGHT