Labor

MODULE OUTLINE:
I. LABOR CODE OF THE PHILIPPINES

II. RELATED LAWS
a. SOCIAL SECURITY SYSTEM LAW
b. PATERNITY LEAVE LAW
c. RETIREMENT PAY LAW
d. 13TH MONTH PAY LAW
e. PHILHEALTH LAW
f. PAG-IBIG BENEFITS
PROMULGATED: MAY 1, 1974

EFFECTIVITY: NOVEMBER 1, 1974
LABOR LEGISLATIONS
- consists of statutes, regulations and jurisprudence governing the
relations between capital and labor (Labor Relations), by
providing for certain employment standards (Labor Standards) and
a legal framework for negotiating, adjusting and administering
those standards and other or their representatives. (Azucena, 2007)
SOCIAL LEGISLATIONS
- those laws that provide particular kinds of protection
or benefits to society or segments thereof in
furtherance of social justice. (Azucena, 2007)
SOCIAL JUSTICE
- 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.
Basically founded on the time-honored principle of salus populi
est suprema lex. (Calalang v. Williams, G.R. No. 47800)
LABOR
- that sector or group in a society which derives its
livelihood chiefly from rendition of work or services
in exchange for compensation under managerial
direction. (Mendoza, 2001)
APPLICABILITY
- the Code applies to all workers, whether agricultural
or non-agricultural, including employees in a
government corporation incorporated under the
Corporation Code. (Art. 6, Labor Code)
DISTINGUISH FARMER FROM FARMWORKER

(SEC. 3(F) & (G), R.A. 6657)
FARMER
- refers to a natural person whose primary
livelihood is cultivation of land or the
production of agricultural crops.
FARMWORKER
- is a natural person who renders service for value as
an employee or laborer in an agricultural enterprise or
farm regardless of whether his compensation is paid
on a daily, weekly, monthly, or pakyaw basis.
CONSTRUED IN FAVOR OF LABOR
- construed in favor of labor if there is a doubt as
to the meaning of the legal and contractual
provision. (Meralco v. NLRC, G.R. No. 78763)
REASONS FOR AFFORDING GREATER PROTECTION TO EMPLOYEES:
1. There is greater supply than demand for labor; and
2. The need for employment by labor comes vital, and even
desperate necessity.
(Sanchez v. Harry Lyons, Construction Inc. G.R. No. L-2779)
MANAGEMENT RIGHTS
- under the doctrine of management prerogative, every employer
has the inherent right to regulate, according to his own discretion
and judgment, all aspects of employment. (Rural Bank of
Cantillan v. Julve, G.R. No. 169750)
THE EMPLOYER HAS THE RIGHT TO:
1. Conduct business;
2. Prescribe rules;
3. Select and hire employees;
4. Transfer or discharge employees; and
5. Return of investment and expansion of business.
MANAGEMENT PREROGATIVES, HOWEVER ARE SUBJECT TO LIMITATIONS
PROVIDED BY:
1. law;
2. contract or collective bargaining agreements; and
3. general principles of fair play and justice.
(Mendoza v. Rural Bank of Lucban, G.R. No. 155421)
BASIC RIGHTS OF WORKERS AS GUARANTEED BY THE
CONSTITUTION
(ART. XIII, SEC. 3, 2ND PAR.)
A. Labor Standards; and
B. Labor Relations.
UNDER LABOR STANDARDS:
1. Right to Security of Tenure;
2. Right to Receive a living wage;
3. Right to Share in the fruits of production; and
4. Right to work under Humane conditions.
UNDER LABOR RELATIONS:
1. Right to Organize themselves;
2. Right to Conduct collective bargaining or negotiation with the
management;
3. Right to Engage in peaceful concerted activities including strike; and
4. Right to participate in policy and decision-making processes.
EMPLOYER-EMPLOYEE RELATIONSHIP
A. Generally, labor standards and conditions apply only if there
is Employer-Employee relationship.
B. Employer-Employee relationship is determined by law, and
not by contract between the parties. (Paguio v. NLRC, G.R.
No. 147816)
FOUR-FOLD TEST OF EMPLOYER-EMPLOYEE RELATIONSHIP
(PACIFIC CONSULTANTS INTERNATIONAL ASIA, INC. V. SCHONFELD, G.R. NO. 166920)
A. Selection and engagement of the employee;
B. Payment of wages;
C. Power of Dismissal; and
D. Power of Control.
THE CONTROL TEST
(ZANOTTE SHOES V. NLRC, G.R. NO. 100665)
The control test merely calls for the existence of the
right to control the manner of doing the work, not the
actual exercise of the right.
NORMAL HOURS OF WORK
(ART. 83, LABOR CODE)
The normal hours of work of an employee shall not exceed 8 hours a day.
Rationale:
-to safeguard the health and welfare of the laborer; and
-to minimize unemployment by utilizing different shifts.
PART-TIME WORK
8-hour labor law prescribes the maximum but not the
minimum. Therefore, part-time work, or a day’s work
of less than 8 hours is not prohibited.
SERVICE INCENTIVE LEAVE
Every employee who has rendered at least one (1)
year of service is entitled to Service Incentive Leave
(SIL) of five (5) days with pay.
Meaning of “One Year of Service”
The phrase “one year of service” of the employee means service
within twelve (12) months, whether continuous or broken,
reckoned from the date the employee started working.
Usage/Conversion to Cash
The service incentive leave may be used for sick and vacation
leave purposes. The unused service incentive leave is commutable
to its money equivalent at the end of the year.
SEPARATION PAY
(ART. 283-284, LABOR CODE)
The service incentive leave may be used for sick and vacation
leave purposes. The unused service incentive leave is commutable
to its money equivalent at the end of the year.
RETIREMENT PAY
(ART. 287, LABOR CODE, AS AMENDED BY R.A. 7641)
The
II. RELATED LAWS
MATERNITY LEAVE
(R.A. 1161, AS AMENDED BY R.A. 8282)
Usa
II. RELATED LAWS
PATERNITY LEAVE
(R.A. 8187)
Usa
II. RELATED LAWS
PARENTAL LEAVE FOR SOLO PARENTS

(R.A. 8972)
Usa
II. RELATED LAWS
LEAVE FOR VICTIMS OF VAWC

(R.A. 9262)
Usa
II. RELATED LAWS
SPECIAL LEAVE FOR WOMEN

(R.A. 9710)
Usa
II. RELATED LAWS
13TH MONTH PAY

(P.D. 851)
Usa

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Labor

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MODULE OUTLINE:

I. LABOR CODE OF THE PHILIPPINES

PROMULGATED: MAY 1, 1974

DISTINGUISH FARMER FROM FARMWORKER

PARENTAL LEAVE FOR SOLO PARENTS

LEAVE FOR VICTIMS OF VAWC

SPECIAL LEAVE FOR WOMEN

13TH MONTH PAY

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