LABOR LAW AND LEGISLATIONS

“THE WELFARE OF THE PEOPLE IS THE

FIRST LAW.”

( SALUS POPULI EST SUPREMA LEX )

PUBLIC INTEREST

ART. 1700. OF THE CIVIL CODE “THE RELATIONS BETWEEN

CAPITAL AND LABOR ARE NOT MERELY CONTRACTUAL.
THEY ARE SO IMPRESSED WITH PUBLIC INTEREST
THAT LABOR CONTRACTS MUST YIELD TO THE
COMMON GOOD. THEREFORE, SUCH CONTRACTS ARE
SUBJECT TO THE SPECIAL LAWS ON PROTECTION OF
LABOR.”
ART 3 LABOR CODE (side by side with Art 13 Sec 3 of
the constitution)

Article 3. Declaration of basic policy. ”The State shall

afford protection to labor, promote full employment,
ensure equal work opportunities regardless of sex, race
or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of
tenure, and just and humane conditions of work.”
STIPULATION AGAINST MARRIAGE IS UNLAWFUL. (ART 134)
ARTICLE 86 OF PHILIPPINE LABOR CODE STATES, “EVERY EMPLOYEE SHALL
BE PAID A NIGHT SHIFT DIFFERENTIAL OF NOT LESS THAN TEN
PERCENT (10%) OF HIS REGULAR WAGE FOR EACH HOUR OF WORK
PERFORMED BETWEEN TEN O’CLOCK IN THE EVENING AND SIX O’CLOCK IN
THE MORNING.”
 PROHIBITED ACTS
IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO:
DISCHARGE A WOMAN ON ACCOUNT OF HER
PREGNANCY OR WHILE ON LEAVE OR IN
CONFINEMENT DUE TO PREGNANCY;
(ART 135)

DISMISSAL ON BASIS OF PREGNANCY RELATED ABSENCES CONSTITUTES AN

ACT OF DISCRIMINATION AGAINST A WOMAN PROHIBITED BY THE LABOR
CODE.
 REGULAR EMPLOYEE
WHERE THE EMPLOYEE HAS BEEN ENGAGED TO PERFORM
ACTIVITIES NECESSARY OR DESIRABLE IN THE USUAL BUSINESS
OR TRADE OF THE EMPLOYER. (ART 295)
 “IN CASES OF REGULAR
EMPLOYMENT, THE EMPLOYER SHALL
NOT TERMINATE THE SERVICES OF
AN EMPLOYEE EXCEPT FOR A JUST
AND AUTHORIZED CAUSE.”

(SECURITY OF TENURE)
EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP (TESTS)

FOUR-FOLD TEST

1. SELECTION TEST
2. CONTROL TEST
3. WAGE TEST
4. DISMISSAL TEST
The control test means that the employer controls or has reserved
the right to control the employee not only as to the result of the
work but also as to the means and methods by which the same is
to be accomplished.

Pursuant to control test, a jeepney driver under the

BOUNDARY SYSTEM is an employee. Lease contract is void
because under case law, the employer employee relationship
between a jeepney owner and his driver under boundary system
is being recognized.
 G.R. NO. 227734, AUGUST 09, 2017

ROMEO ALBA, PETITIONER, V. CONRADO G.

ESPINOSA, ET AL.
 G.R. NO. 227734, AUGUST 09, 2017

ROMEO ALBA, PETITIONER, V. CONRADO G.

ESPINOSA, ET AL.
The respondents were regular employees of Alba

Contrary to Alba's contention, the existence of an employer-employee relationship

between him and the respondents was sufficiently established.
To ascertain the existence of an employer-employee relationship[,] jurisprudence has invariably
adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the
payment of wages; (3) the power of dismissal; and (4) the power to control the employee's conduct,
or the so-called "control test." In resolving the issue of whether such relationship exists in a given
case, substantial evidence - that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion - is sufficient. Although no particular form of evidence is
required to prove the existence of the relationship, and any competent and relevant evidence to
prove the relationship may be admitted, a finding that the relationship exists must nonetheless rest
on substantial evidence.36 Alba's relationship with the respondents satisfies the four-fold
test.