Labor Law Review Guide Labor 1

ATENEO DE MANILA UNIVERSITY
SCHOOL OF LAW
WEEK TOPICS
I. OBJECTIVES AND CORRELATIONS OF LABOR LAW
A. Constitutional Basis of Labor Law
Article II, Secs. 9, 10, 11, 13, 14, 18, 20
Article III, Sec. 1, 4, 7, 8, 10, 16, 18(2)
Article XIII, Sec. 1, 2, 3, 13, 14
B. Civil Code, Art. 19, 1700, 1702
C. Labor Code, Art. 3, 4, 166, 211, 212, 255, 277
I. PRE-EMPLOYMENT (ARTS. 12-42)
A. Recruitment and Placement of Workers (Arts. 13-24, except as
amended by E.O. 797)
R.A. No. 8042 (with further amendments by RA 10022) and its IRR
– See Special Labor Laws, pp. 3-76
B. Regulation of Recruitment and Placement Activities (Arts. 25-
36)
1. Local Employment regulated by BLE; licensing requirements
and conditions
2. Overseas Employment regulated by POEA; licensing
requirements and conditions
3. Realignment of Jurisdictions between POEA and NLRC
4. License vs. Authority to recruit (People vs. Panis)
5. Illegal Recruitment as redefined by R.A. 8042, as amended
a. Two kinds of illegal recruiters (Sto. Tomas vs. Salac)
b. Essential elements of illegal recruitment
c. Illegal recruitment as economic sabotage: in large scale or by
syndicate
d. Simple illegal recruitment
e. Illegal recruitment vs. estafa
f. Liabilities for illegal recruitment
(Solidary liability of local recruitment agency and foreign
employer)
(a) theory of imputed knowledge
(Sunace International vs. NLRC, Jan. 25, 2006)
6. Other prohibited acts (Sec. 6, RA 8042)
1
7. Suspension/cancellation of license (Art. 35-36)
8. Closure by order of POEA
9. Power to issue search or arrest warrants
(Salazar vs. Achacoso)
10. Pretermination of employment contract
(Serrano vs. Gallant, Sameer vs. Cabiles, Aug. 5, 2014)
11. Direct hiring
C. Employment of Non-Resident Aliens (Arts. 40 to 42; D.O. No.
75-06)
WPP Marketing, March 25, 2010)
II. HUMAN RESOURCES DEVELOPMENT (ART. 43-81)
A. TESDA Act (RA 7196)
B. Training and Employment of Special Workers (Art. 57-81)
1. Apprentice (Art. 57-72)
Filamer vs. CA
2. Learners (Art. 73-77)
3. Handicapped Workers (Art. 78-81),
Magna Carta for Disabled Persons (RA 7277) See Special Labor
Laws, pp. 94-100, pp.101-108
III. CONDITIONS OF EMPLOYMENT (ART. 82-161)
A. Employment vs. Non-employment Relationship (Art. 82); tests
of employment relationship;
B. Significance of Employment Relationship; applicability of
statutory employment standards;
C. Kinds of Employment (Art. 280-281);
D. Inclusion and Exclusion of Title I, Book III (Articles 82 to 96);
E. Statutory employment benefits differentiated from voluntary
benefits
F. 1. Hours of Work (Arts. 83-90); meal break; waiting time;
travel time; rest periods; on call
2. Overtime work and pay
3. Night Shift Differential Night Work (RA 10151)
4. Part-Time work
G. Holidays (Art. 94) Rest Day; E.O. 203, s. 1987 (re: Holidays)
Holiday Pay; Entitlement of monthly-paid employees
H. Leaves
2
1. Service Incentive Leave (Art. 95)
2. Leaves under special laws [Paternity leave (R.A. 8187);
maternity leave (R.A. 1161); solo parents leave (R.A. 8972);
special leave for women (R.A. 9710); leave for victims of
violence (R.A. 9262)]
3. Voluntary Leave Benefits, e.g. VL, SL
I. Service Charges (Art. 96) [New Service Charge Law]

J. Wages (Art. 97-127)
1. Minimum wage (Art. 99)
Facilities as part of wages; facilities vs. supplements or benefits
2. Nondiminution of benefits (Art. 100)
American Wire vs. CA
3. Payment by result (Art. 101)
Labor Congress vs. NLRC
4. Payment of Wages (Art. 102-111)
Traders Royal Bank vs. NLRC
5. Worker Preference in case of Bankruptcy
DBP vs. Sec. of Labor
6. Prohibitions Regarding Wages (Art. 112-119)
7. Wage Studies, Wage Agreements and Wage Determination (Art.
120-127) Wage Distortion (Art. 124); R.A. 6727
Metro Bank vs. NLRC
8. Thirteenth Month Pay: PD 851; Revised Guidelines on the
Implementation of the 13th Month Pay Law
9. Bonus; Commission
Traders Royal Bank vs. NLRC
K. Labor Contracting
Contract for a piece of work (Civil Code, Art. 1713-1731)
Employment vs. Contractorship; qualifications of an independent
contractor
Independent (legitimate) vs. prohibited labor-only contracting
D.O. No. 18-A (2011) and D.C. No. 01-2012; Phil Bank of Com.,
RP vs. Asiapro, Escario vs. NLRC, Rosewood vs. NLRC
IV. Working Conditions for Special Groups of Workers
A. Women Workers (Arts. 130-136)
3
1. Employment of Women; BFOQ
2. Maternity Leave (Art. 131) – repealed by SSS law?
3. Special Leave (RA 9710) Dole Guidelines March 11, 2011;
D.O. No. 112-A (May 22, 2012) See Special Labor Laws, pp.
146-147
4. Non-Discrimination; Exception: BFOQ
5. Sexual Harassment (RA 7877); Special Labor Law pp. 201-207
B. Minors (Art. 137-138)
*R.A. 7610 (Special Protection of Children Act) as amended by RA
7658 and further amended by RA 9231 – See Special Labor Laws
pp. 153-169
C. Househelpers (Art. 139-150). See Kasambahay Law (RA 10361)
D. Homeworkers (Art. 151-153)
* Department Order No. 5, s. 1992
E. Night Workers (R.A. No. 10151 and D.O. No. 119-12)
V. Health, Safety and Social Welfare Benefits. (Art. 162-181)
A. Medical Dental and Occupational Safety (Art. 162-171)
B. Employees’ Compensation (Arts. 172-174)
C. R.A. 1161, as amended by R.A. 8282 (SSS); Special Labor laws pp.
211-257
D. R.A. 8291 (GSIS) – see Special Labor Laws, pp. 258-281
E. Portability in Social Insurance (RA 7699); Special Labor Laws, pp.
282-283
F. R.A. 7875 (National Health Insurance Act): see Special Labor Laws,
pp. 284-312

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ATENEO DE MANILA UNIVERSITY

I. Service Charges (Art. 96) [New Service Charge Law]

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