EMPLOYER-EMPLOYEE

RELATIONS WITH LABOR LAWS

AND CBA
LECTURE NOTES PART 1

INTRODUCTION TO LABOR LAWS

TOPICAL GUIDE:

PART 1

1.
2.
3.
4.
5.
6.
7.

Adam Smith and the Invisible Hand

Government regulation in the Philippines: PD 442
Classifications of labor laws
What labor laws encompasses
Foundation of labor laws: Police Power
Aim, reason, justification for labor laws: Social Justice
Constitutional basis of social justice

INTRODUCTION TO LABOR LAWS

TOPICAL GUIDE.

8. Constitutional basis of labor laws

9. Balancing the interest of the employer and the employees
10. International Labor Organization
11. Construction in favor of labor
12. Existence of Employer-Employee relations
A. Four-fold test
B. Economic Reality Test
C. Two-tiered test (Multi-factor test)

13. Kinds of Employment

14. Cases

CAPITALISM V GOVERNMENT REGULATION

Adam Smith

Historically, the U.S. government policy toward business was

summed up by the French term laissez-faire -- "leave it alone."
The concept came from the economic theories of Adam Smith,
the 18th-century Scot whose writings greatly influenced the
growth of American capitalism. Smith believed that private
interests should have a free rein. As long as markets were free
and competitive, he said, the actions of private individuals,
motivated by self-interest, would work together for the greater
good of society. Smith did favor some forms of government
intervention, mainly to establish the ground rules for free
enterprise. But it was his advocacy of laissez-faire practices that
earned him favor in America, a country built on faith in the
individual and distrust of authority.

CAPITALISM V GOVERNMENT REGULATION

Government regulation of private industry can be divided into two

categories -- economic regulation and social regulation. Economic

regulation seeks, primarily, to control prices. Designed in theory to
protect consumers and certain companies (usually small
businesses) from more powerful companies, it often is justified on
the grounds that fully competitive market conditions do not exist
and therefore cannot provide such protections themselves. In many
cases, however, economic regulations were developed to protect
companies from what they described as destructive competition
with each other. Social regulation, on the other hand, promotes
objectives that are not economic -- such as safer workplaces or a
cleaner environment

http://economics.about.com/od/governmenttheeconomy/a/laissez

_faire.htm

The Invisible Hand

by trying to maximize their own gains in a free market, individual

ambition benefits society, even if the ambitious have no benevolent

intentions
directly linked to the concept of the market: specifically that it is
competition between buyers and sellers that channels the profit motive
of individuals on both sides of the transaction such that improved
products are produced and at lower costs.
For example, the inhabitants of a poor country will be willing to work
very cheaply, so entrepreneurs can make great profits by building
factories in poor countries. Because they increase the demand for labor,
they will increase its price; further, because the new producers also
become consumers, local businesses must hire more people to provide
the things they want to consume. As this process continues, the labor
prices eventually rise to the point where there is no advantage for the
foreign countries doing business in the formerly poor country. Overall,
this mechanism causes the local economy to function on its own.

The Invisible Hand

As a metaphor, Adam Smith uses it in the context of an

argument against protectionism and government

regulation of markets, but it is based on very broad
principles developed by Bernard Mandeville, Bishop
Butler, Lord Shaftesbury, and Francis Hutcheson. In
general, the term "invisible hand" can apply to any
individual action that has unplanned, unintended
consequences, particularly those that arise from actions
not orchestrated by a central command, and that have an
observable, patterned effect on the community.
[Source: Wikipedia)

QUERY

If the invisible hand and the

laissez-faire doctrine of capitalism

works well to stabilize industrial
relations, is there still a need for
government regulation?

P.D. No. 442

THE LABOR CODE OF THE PHILIPPINES
A decree instituting a Labor Code, thereby revising and
consolidating labor and social laws, promote employment
and human resources development and ensure industrial
peace based on social justice.

As amended:
PRESIDENTIAL
DECREE Nos.

BATAS
PAMBAN
SA Blg.

570-A, 626, 643, 32, 70,

823, 819, 849,
130, 227
850, 865-A, 891,
1367, 1368, 1391,
1412, 1641, 1691,
1692, 1693,
1920, 1921

EXECUTIV
E ORDER
Nos.

REPUBLIC ACT Nos.

47, 111,
126, 179,
180, 203,
247, 251,
252, 307,
797

6640, 6657, 6715,

6725, 6727, 7641,
7655, 7700, 7730,
7796, 8042, 8188,
8558, 9177, 9256,
9347, 9481

BIRTH OF THE LABOR CODE

Blas F. Ople (1968) then Minister of Labor and is

regarded as Father of the Labor Code.

Effectivity: November 1, 1974

CLASSIFICATIONS OF LABOR LAWS

(Legislations that govern capital and labor)
Sets out the least/basic
terms, conditions and
benefits of employment
that ERs must provide
while the EE is at work

Defines the status, right

and duties as well as the
institutional mechanism
governing EE-ER
interactions
Benefits provided for the wellbeing of a segment of society in
furtherance of social justice
and provides for the EE while
he cannot work by reason of
sickness or other hazard

LABOR
STANDARD
S LAW

LABOR
RELATIONS
LAW

SOCIAL /
WELFARE
LEGISLATION
S

Ex: min wage law

8-hr work law
COLA

Ex. Creation of
grievance
machinery
Unions
Ex. SSS law
Agrarian Reform
Law (Arts. 7 to 11 of
P.D. 442; now
governed by R.A.
6657 (CARP Law of
1988)

WHAT THE LABOR LAW ENCOMPASSES

STATUTES passed by the State to promote the

welfare of workers and employees and regulate their

relations with their employees
JUDICIAL DECISIONS applying and interpreting
the aforesaid statutes
RULES AND REGULATIONS issued by the
administrative agencies, within their legal
competence, to implement labor statutes

FOUNDATION OF LABOR LAWS: Police Power

State legislatures may enact laws for the prosecution of the

safety and health of employees as an exercise of their police

power.
The right of every person to pursue a business, occupation
or profession is subject to the paramount right of the
government as a part of its police power to impose such
restrictions and regulations as the protection of the public
may require.
LAISSEZ FAIRE
(DOCTRINE OF FREE
ENTERPRISE)

GOVERNMENT
REGULATION

The aim, reason and justification of labor laws is

SOCIAL JUSTICE
SOCIAL JUSTICE is neither communism, nor despotism, not atomism
nor anarchy, but the humanization of laws and the equalization of
social and economic forces by the State so that justice in its rational
and objectively secular conception may at least be approximated.
SOCIAL JUSTICE means the promotion of the welfare of all the people,
the adoption of the Government of measures calculated to insure
economic stability of all the components elements of society through
the maintenance of proper economic equilibrium in the interrelations
of the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-constitutionally,
through the exercise of powers underlying the existence of all
governments, on the time-honored principle of salus populi est
suprema lex.

Dr. JOSE P. LAUREL (Calalang v Willams, 70 Phil 726 [1940])

CONSTITUTIONAL BASIS OF SOCIAL

JUSTICE: ART XIII
SEC. 1. 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 social, economic and
political inequalities, and remove cultural inequalities by
equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition,
ownership, use and disposition property and its increments.
SEC. 2. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.

The aim, reason and justification of labor laws is

SOCIAL JUSTICE

CONSTITUTIONAL BASIS OF THE LABOR

CODE
The State affirms labor as a primary social economic force. It

shall protect the rights of workers and promote their welfare.

RIGHTS OF WORKERS:
A. To organize themselves and collectively bargain
B. To engage in peaceful concerted activities (strike, picket,
etc.)
C. To enjoy security of tenure
D. To work under humane conditions of work
E. To receive a living wage
F. To participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law

Ex. Department Order No. 1 (1988) which

temporarily suspended deployment of female
domestic workers abroad
A petition was filed by an association of service exporters

challenging the constitutional validity of the order

because it does not apply to ALL Filipino workers but only
to domestic helpers and females with similar skills and is
violative of the right to travel.
RULING: The Court denied the petition. Based on police
power, the State can legislate laws that may interfere with
the personal liberty or property to promote the general
welfare.
Even if the order pertains to female workers only, the same
is not discriminatory since it is based on valid distinctions
and applicable to all those belonging in the same class.

BALANCING THE INTERESTS OF EE & ER

While the Constitutional mandates have been dubbed as pro

labor, it does not mean that capital will not be protected.

The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
The State shall regulate the relations between workers and
employers.
While labor is entitled to a just share in the fruits of production,
the enterprise is also entitled to a reasonable return on
investment, expansion and growth.
The State shall promote shared responsibility between ER & EE
and voluntary modes of settling disputes

International Labor Organization (ILO)

The Philippines became a member on June 15, 1948 and

subscribes to the following principles:

1. Labor is not a commodity
2. Freedom of expression and of association are essential to
sustained progress
3. Poverty anywhere constitutes a danger to property
everywhere
4. War against want requires to be carried on with unrelenting
vigor within each nation, and by continuous and concerted
international effort in which the representatives of workers and
employers, enjoying equal status with those of governments
(tripartite), join with them in free discussion and democratic
decisions with a view to the promotion of the common welfare.

TRIPARTISM

Govt
ILO
EEs

ERs

CONSTRUCTION IN FAVOR OF LABOR

Art. 4: All doubts in the implementation of the

provisions of the Code, including its implementing

rules and guidelines, shall be resolved in favor of
labor.
Reasons:
The ER stands on a higher footing because there is
more supply of labor than capital and usually, the
urgency of the need of the laborer gives him less
bargaining choices.

EMPLOYER-EMPLOYEE RELATIONS: THE

CONCEPT
The ER-EE relations is contractual in nature and

arises from the agreement of the parties, e.g., for one

to render service to another in exchange for
remuneration or compensation.
Such relationship is impressed with the public
interest that labor contracts must yield to the
common good [Civil Code, Art 1700].
Employment contracts are subject to laws on
minimum standards of wages, hours of work, right to
self-organization, CB, strikes, picketing and other
collective actions.

GEN RULE: LABOR CODE APPLIES WHEN THERE IS

EMPLOYER-EMPLOYEE RELATIONSHIP
There are three test commonly used to determine the

existence of employer-employee relationship, viz.:

Four-fold test
Economic reality test
Two-tiered test (or Multi-factor test)
Source: http://www.laborlaw.usc-

law.org/2009/08/06/tests-of-employmentrelations/

EMPLOYER/EMPLOYEE DEFINED
EMPLOYER one for whom employees work in

consideration of wages or salaries; may be natural or

juridical; includes any person acting for the interest
of the ER
EMPLOYEE one who works for an ER and received
salary or wages for work rendered; any person in the
service of another under a contract for hire, express
or implied, oral or written; always a natural person

FOUR-FOLD TEST
Right to hire or to the selection and engagement of

the employee.
Payment of wages and salaries for services.
Power of dismissal or the power to impose
disciplinary actions.
Power to control the employee with respect to the
output and the means and methods by which the
work is to be accomplished. This is known as the
right-of-control test.

FOUR-FOLD TEST
THE CONTROL TEST:

The power of control is the most crucial indication of the

existence of the ER-EE relationship.

The existence of the power is what is required and not

necessarily the actual exercise thereof. It is not essential for
the ER to actually supervise the performance of duties of the
EE; it is enough that the ER has the right to wield that power.

ER-EE RELATIONS EXIST IN THE

FOLLOWING CASES:
Between drivers of public utility vehicles under the boundary system

and their operators or owners of the jeepneys as they perform jobs

usually necessary to the business of the employers
Between the university professor and the university they served
Between musicians providing the background music of a moving
picture and the film company
Between janitors and the commercial school, even if the janitorial
services were furnished by another where it appears that the person in
charge of the school supervised the janitor and had control over the
manner he performed the work
Between cargadores and pahinantes working in the glass factory who
were loading and unloading , piling and palleting empty bottles from
the company truck and warehouse

No ER-EE relations exist in the following cases:

Between an indirect employer and the independent contractor

even if personal services are involved, since the latter is not

under the control of the former except as to the result of the
work
Between an industrial partner and the partnership
Between a farm worker who farms the agricultural land of the
owner under a share-crop arrangement but not if the farmer is
employed
Volunteer workers for religious, civic and community
purposes whose reporting is not compulsary or controlled
Fishermen and crew aboard a fishing vessel paid on
commission basis
Caddies are not employees of the golf clubs

Special cases when ER-EE relations was

considered to exist:
Hospitality girls as entertainers working in cocktail

lounges, disco houses and similar establishments

have been considered employees of the person or
establishment they serve.
This is for the protection of the said employees in
line with social justice

Economic reality test

Under economic reality test, the benchmark in analyzing

whether employment relation exists between the parties

is the economic dependence of the worker on his
employer. That is, whether the worker is dependent on
the alleged employer for his continued employment in
the latters line of business.

Applying this test, if the putative employee is

economically dependent on putative employer for his

continued employment in the latters line of business,
there is employer-employee relationship between them.
Otherwise, there is none.

Two-tiered test (or Multi-factor test)

The economic reality test is not meant to replace the

right of control test. Rather, these two test are often use
in conjunction with each other to determine the existence
of employment relation between the parties. This is
known as the two-tiered test, or multi-factor test. This
two-tiered test involves the following tests:
The putative employers power to control the employee
with respect to the means and methods by which the
work is to be accomplished; and
The underlying economic realities of the activity or
relationship.

EXCEPTION: When Labor Code applies even

if there is no ER-EE relations
LIABILITY OF A CONTRACTOR, SUBCONTRACTOR
OR INDIRECT EMPLOYER
Art. 106:xxx The employer shall be jointly and severally
liable with his contractor or subcontractor to such employees
to the extent of the work performed under the contract, in
the same manner and extent that he is liable to employees
directly employed by him.xxx
Art. 107: (Indirect employer) same liability as given in Art
106

DEPT. ORDER No. 18-02

CONTRACTING/SUBCONTRACTING is an

arrangement whereby a principal agrees to put out or

farm out with a contractor or subcontractor the
performance or completion of a specific job, work or
service within a definite or predetermined period,
regardless of whether such job, work or service is to
be performed or completed within or outside the
premises of the principal as hereafter qualified.

TYPES OF CONTRACTING/SUBCONTRACTING
LABOR-ONLY CONTRACTING

JOB-CONTRACTING

Mere recruitment; finds and supplies people;

contractor is pseudo-contractor only;
regarded as just an agent of the principal

Requires completion/delivery of a job, work

or service within a given period

Places recruits with principal and has no

right to control the performance of the work
of the recruits

Employs, supervises and pays the detailed

recruits

Considered wrong and prohibited because it

is an attempt to evade the obligations of an
employer

Registered with the DOLE

Contractor does not have substantial capital

or investment relating to the job to be
performed and the recruits perform jobs
directly related to the main business of the
principal

Substantial capital or investment referring to

capital stocks in the case of a corporations,
tools, equipment, implements, machineries
and work premises, actually and directly
used by the contractor/subcontractor in the
performance or completion of the job, work
or service contracted.

JOB CONTRACTING: A Trilateral Relationship:

Sec 3, Dept. Order No. 18, s 2002

Principal

JC

Contractor
or
Subcontractors

Laborers

KINDS OF WORKERS/EMPLOYEES: Art 280

REGULAR
EMPLOYEES

those who have been "engaged to perform

activities which are usually necessary or
desirable in the usual business or trade of the
employer

PROJECT EMPLOYEES

those "whose employment has been fixed for a

specific project or undertaking, the completion
or termination of which has been determined
at the time of the engagement of the employee

SEASONAL
EMPLOYEES

seasonal employees or those who work or

perform services which are seasonal in nature,
and the employment is for the duration of the
season

CASUAL EMPLOYEES

casual employees or those who are not regular,

project, or seasonal employees provided that an
employee who has rendered at least one year of
service, whether continuous or broken, shall be
considered regular with respect to the activity in which
he or she is employed and his or her employment shall

OTHER KINDS OF EMPLOYEES

FIXEDTERM
EMPLOYEE

recognized in jurisprudence is term or fixed-period

employment. This is based on art. 1193 of the CC, which
states that obligations with a resolutory period take effect
at once, but terminate upon arrival of the day certain
understood to be a day that must necessarily come. The
decisive determinant in term employment should not
be the activities that the employee is called upon to
perform, but the day certain agreed upon by the parties
for the commencement and termination of the
employment relationship. Stipulations in employment
contracts providing for term employment or fixedperiod employment are valid when the period has been
agreed upon knowingly and voluntarily by the parties,
without force, duress or improper pressure exerted on
the employee, and when such stipulations were not
designed to circumvent the laws on security of tenure.

OTHER KINDS OF EMPLOYEES

PROBATIONARY
EMPLOYEE

not necessarily a category of employment in

the Philippines. It pertains to a period of time
in which the employee is being observed and
evaluated to determine whether or not he is
qualified for permanent employment. Under
art. 281 of the LC, probationary employment
shall not exceed six months. An employee who
is allowed to work after a probationary period
shall be considered a regular employee. A
probationary employee is, for a given period of
time, under observation and evaluation to
determine whether or not he or she is qualified
for permanent employment. During the
probationary period, the employer is given the
opportunity to observe the skills, competence
and attitude of the employee while the latter
seeks to prove to the employer that he or she
has the qualifications to meet the reasonable
standards for permanent employment

REGULAR EMPLOYMENT

Regular employees are those who are hired for

activities which are necessary or desirable in the usual
trade or business of the employer.
Repeated rehiring and the continuing need for the
employees services are sufficient evidence of the
necessity and indispensability of the ees services to
the ers business or trade.

PROJECT EMPLOYMENT
Principal test:

(a) ees were assigned to carry out a specific project or undertaking

(b) the duration or scope was specified at the time the ees were engaged
for that project
Sec 2.2 & (f) of DOLe Dept. Order No. 19, s 1993, gives indicators of Project
Employment:
1. duration of undertaking is reasonably determinable
2. such duration is made clear to the ee at time of hiring
3. the work performed by the ee is in connection with that particular
undertaking
4. the ee, while not employed, is free to offer his services to another er
5. the termination of his employment is reported to the DOLE within 30
days after separation from work
6. an undertaking in the employment contract by the er to pay
completion bonus to the project ee as practiced by most construction
companies

PROJECT EMPLOYMENT
POLICY INSTRUCTION No. 20 (Governing Construction
Industry), recognizes two kinds of ees
1.
Purely project EEs hired on project to project basis
A. Not entitled to separation pay if terminated as result of
completion of project or phase thereof
B. No prior clearance for termination is necessary but
terminations must be reported to DOLE
1.
EEs part of the construction corporations labor pool EEs
are not free to offer their services to another while not at
work
A. Regular
B. Probationary

SEASONAL EMPLOYMENT
Seasonal workers who work for more than

one season for the same work are deemed to

have acquired regular employment and will
be considered on leave during off-season ,

CASUAL EMPLOYMENT
Irregular, unpredictable, sporadic and brief in nature and

outside the usual business of the ER.

An EE who has rendered at least 1 yr of service, whether
such service is continuous or broken, shall be considered
a regular employee with respect to the activity in which
he is employed and his employment shall continue while
such activity exists.
Casual EEs dismissed before expiration of 1 yr period
cannot claim illegal dismissal.
The status of regular employment attaches to the causal
EE on the day immediately after the end of his first year
of service

PROBATIONARY EMPLOYEES
Those generally hired for regular employement but are placed

on a probationary status for a period of 6 months.

Exceptions:
A. Learnership/apprentice period*
B. 3 yrs in case of teachers
C. When agreed period is longer/different due to nature of job or when
ee failed to qualify or per company policy

The ee may become regular once he qualifies based on

reasonable standards made known to him at the time of

hiring.
The ee is considered regular if allowed to work beyond the
probationary period.
Training period plus probationary period is circumvention.

LEARNERSHIP/APPRENTICESHIP
APPRENCTICESHIP

LEARNERSHIP

ART 58 & 62 LC

ART 73 LC

More than 3 months

EE needs special skill

Not more than 3 months

No need for special skill

Wage is 75% of minimum wage

Wage is 75% of the min wage

Only in highly technical industries

May only be hired if there are no

experienced workers available, provided
that: (a) employment of learners is
necessary to prevent curtailment of
employment opportunities and (b) it
does not create unfair competition in
terms of labor costs or impair labor
standards

Qualifications: at least 14 yrs old;

possesses vocational aptitude and
capacity for appropriate tests; and
possesses ability to comprehend and
follow oral and written instructions

If already worked 2 months &

terminated by ER before end of agreed
period with no fault of EE, deemed
regular

EMPLOYEE CLASSIFICATION AS TO RANK

Managerial those vested with powers or prerogatives to

lay down and execute managerial policies and/or to hire,

transfer, suspend, lay-off, or recall EEs. They are not
entitled to benefits relating to hours of work and other
conditions of employment if:
A. Their primary duty consists of management
B. They customarily/regularly direct the work of two or
more EEs therein
C. They have the authority to hire or fire EEs of lower
rank or their suggestions for hiring and firing carry great
weight.

EMPLOYEE CLASSIFICATION AS TO RANK

Officers or members of a managerial staffThey are

not entitled to benefits relating to hours of work and

other conditions of employment if:
A. Their primary duty consists of work directly
related to management policies
B. They customarily/regularly exercise discretion
and independent judgment
C. They do not devote more than 20% of their hours
of worked in a workweek to activities which are not
directly and closely related to the performance of job
in (a) and (b).

EMPLOYEE CLASSIFICATION AS TO RANK

SUPERVISORY EMPLOYEES Those who, in the

interest of management, effectively recommend such

managerial actions if the exercise of such authority is
not merely routinary or clerical in nature but
requires the use of independent judgment.
Deemed a member of the managerial staff
A foreman is a supervisor as the termforeman
implies that the employee is the representative of
management over the workers and the operation of
the department.

EMPLOYEE CLASSIFICATION AS TO RANK

***The first two classifications , more often than not,

are also considered confidential employees for

purposes of self-organization and may not join the
union of the rank-and-file.
RANK-AND-FILE EMPLOYEES - All other EEs not

falling within the definition of managerial or

supervisory employees are considered rank-andfile

ER-EE RELATIONS
CASES:
1. The Manila Hotel Corp v NLRC, 343 SCRA 1 [2000]
2. LVN Pictures v LVN Musicians Guild, 1 SCRA 132
3. R.P. v SSS , G.R. No. 172101, 23 Nov 2007
4. Orozco v 5th Div of CA, 562 SCRA 36 [2008]
5. SSS vs CA, 348 SCRA 1 [2000]
6. Insular Life Assurance Co. Ltd v NLRC, G.R. No.
84484
7. Manila Golf Club Inc v IAC, 237 SCRA 207
8. Jardin et al v NLRC, 326 SCRA 299 [2000]
9. R. Transport Corp v Ejandra, G.R. No. 148508, 20
May 2004

ER-EE RELATIONS
CASES:

1o. Insular Life v NLRC, 179 SCRA 459 [1989]

11. Tongko v Manufarurers Life Assurance Co, G.R.

No. 167622, 29 June 2010

12. Mafinco v Ople, 70 SCRA 139 [1976]
13. Tan v Lagrama, 387 SCRA 393 [2002]
14. Jose Sonza v ABS-CBN Broadcasting Corp, G.R.
No. 138051, 431 SCRA 583 [2004]
15. Farley Fulache et al v ABS-CBN Broadcasting
Corp, G.R. No. 183810, 610 SCRA 567 [2010]

JOB-CONTRACTING AND LABOR-ONLY

CONTRACTING
CASES:
1. Coca-Cola Bottlers v Dela Cruz, G.R. No. 184977, 07

Dec 2009
2. Temic Automotive Phils v Temic Automotive Phils Inc
Employees Union-FFW, G.R. No. 186965, 23 Dec 2009
3. Alviado et al v Procter & Gamble , G.R. No. 160506,
09 March 2010
4. Vinoya v NLRC, 324 SCRA 469 [2000]
5. Babas v Lorenzo Shipping Corp, G.R. No. 18609, 15
Dec 2010
6. San Miguel Corp v MAERC , 405 SCRA 579 [2003]

KINDS OF EMPLOYEES/EMPLOYMENT
CASES:
1. De Leon v NLRC, 176 SCAR 615 [2001]
2. Magsalin v Natl Organization of Working Men et al, G.R.

No. 148492, 09 May 2003

3. Prudential Bank & Trust Co v Reyes, 352 SCRA 316 [2001]
4. Baguio Country Club v NLRC, 206 SCRA 643 [1992]
5. Intl Catholic Migration Commission v NLRC, 169 SCRA
606 [1989}
6. Fr Pedro Escudero v Office of the President , 172 SCRA 783
7. Holiday Inn Manila v NLRC, 226 SCRA 417 [1993]
8. Robinsons Galleria v Ranchez, G.R. No. 177937, 19 Jan
2011

KINDS OF EMPLOYEES/EMPLOYMENT
CASES:
9. Woodbridge School v Pe Benito, 570 SCRA 164 [2008]
10. Lacuesta v Ateneo De Manila University, et al, 477

SCRA 217 [2005]

11. Paranaque v Austria, 538 SCRA 438 [2007]
12. Fabella v SMC, G.R. No. 150658, 09 Feb 2007
13. Hanjin Heavy Industries v Ibanez, 555 SCRA 537
[2008]
14. Cocomangas Hotel Beach Resort v Visca, 567 SCRA
269 [2008]
15. Abasolo et al v NLRC, 346 SCRA 293 [2000]

REFERENCES
Abad, Jr., Antonio H. (2011). (4th ed). Compendium

on labor law. 4th ed. Manila: Rex.

Azucena, Jr. A. C. (2010). (7th ed.). The labor code
with comments and cases. Manila: Rex.
Azucena, C.A., Jr. (2007). (5th ed.). Everyone's Labor
Code. Manila:Rex.
Rex case digest. (2006). Labor law and social
legislation, legal ethics, mercantile law. Quezon City:
Rex.
Salao, Ernesto C. (2009). Law dictionary. Manila:
Rex.