Academic Year 2024-2025
COURSE TITLE
ACADEMIC WEIGHT
TEACHING
METHODOLOGY
COURSE FACILITATOR
: LABOR STANDARDS
: 3 units
: Recitation, Lecture, Class Discussion
: JOLK1
COURSE OUTLINE AND CASE LIST2 as of 01 August 2024
LABOR STANDARDS
I.
INTRODUCTION TO LABOR LAW: FUNDAMENTAL PRINCIPLES/ CONCEPTS
A. LEGAL BASIS3
1. International Documents
● ILO Ratifications
International Documents: ILO Documents Overview of ILO The International
Labour Organization (ILO) is a specialized agency of the United Nations that sets
international labor standards and promotes social justice and fair labor practices
globally. It aims to ensure decent working conditions, promote rights at work,
enhance social protection, and strengthen dialogue on work-related issues. Key
ILO Conventions Relevant to the Philippines Convention No. 87: Freedom of
Association and Protection of the Right to Organize Protects the rights of
workers and employers to form and join organizations of their own choosing
without prior authorization. Convention No. 98: Right to Organize and Collective
Bargaining Ensures workers' rights to organize and engage in collective
bargaining. Convention No. 111: Discrimination (Employment and Occupation)
Aims to eliminate discrimination in employment and occupation, promoting
equal opportunity and treatment. Convention No. 138: Minimum Age Establishes
a minimum age for admission to employment, aiming to protect children from
exploitation. Convention No. 182: Worst Forms of Child Labor Urges member
states to take immediate and effective measures to prohibit and eliminate the
worst forms of child labor. Implementation in the Philippines The Philippines is a
member of the ILO and has ratified several ILO conventions, committing to align
1 jolopez-kaw@ust.edu.ph
2 Based on the Syllabus for the 2025 Bar Examinations Labor Law and Social Legislation Syllabus
3 This topic will also touch on the Sources of Labor Laws (1987 Constitution, Civil Code, Labor Code,
DOLE Issuances, and Jurisprudence)
its national laws and policies with international labor standards. The Department
of Labor and Employment (DOLE) plays a crucial role in implementing these
conventions through various labor laws and regulations. Significance of ILO
Documents ILO documents serve as a framework for labor rights and protections,
guiding national legislation and policies. They provide a basis for addressing
labor disputes and ensuring compliance with international labor standards,
which can be referenced in legal cases involving labor rights in the Philippines.
Legal Implications Philippine courts often reference ILO conventions when
adjudicating labor disputes, emphasizing the importance of international
standards in domestic law. Violations of ILO conventions can lead to legal actions
and claims for damages, as seen in various cases involving illegal dismissals
and unfair labor practices. Conclusion The ILO documents are vital in shaping
labor policies and practices in the Philippines, ensuring that workers' rights are
protected and upheld in accordance with international standards. Legal
professionals must be aware of these conventions to effectively advocate for
labor rights and navigate disputes within the framework of both national and
international law.
2. 1987 Constitution
● Art. XIII, Sec. 3 (Full Protection to Labor; Equal Work Opportunities in
relation to Art. 3 of the Labor Code; Security of Tenure; Right to
Selforganization and Collective Bargaining); 14
Article XIII, Section 3 of the 1987 Constitution affirms that, "The State shall afford
full protection to labor, local and overseas, organized and unorganized, and
promote full employment opportunities for all.
●
Art. II, Sec. 9; 10 (Social Justice) in relation to Art 218 of the Labor
Code as renumbered by DOLE DA No. 01-2015; 18 (Labor as a Primary
Social Economic Force); 20
● Art. III, Sec.4; 8 (Full Protection to Labor); 18
3. Civil Code (Art. 1700-1706)
4. Labor Code, Art. 4 (Construction in Favor of Labor)
Labor Code, ART. 4 (Construction in Favor of Labor) provide that all doubts in the
implementation and interpretation of the provisions of this Code, including its
implementing rules and regulations, shall be resolved in favor of labor.
The rule is that where the law speaks in clear and categorical language, there is no
room for interpretation; there is only room for application; only when the law is
ambiguous or of doubtful meaning may the court interpret or construe its true
intent; even then, Art. 4 of the Labor Code is explicit that “all doubts in the
implementation and interpretation of the provisions of the Labor Code, including
its implementing rules and regulations, shall be resolved in favor of labor”; liberal
interpretation of labor laws and rules, applied to employment contracts by Art. 1702
of the New Civil Code. (Leoncio vs. MST Marine Services (Phils.), Inc., G.R. No.
230357, Dec. 06, 2017)
B. RECRUITMENT AND PLACEMENT OF WORKERS
1. Local Employment and Overseas Employment
● Republic Act No. (RA) 8042 (1995), Migrant Workers and
Overseas Filipinos Act, as amended by RA 10022 (2010)
(See Attached)
● RA 10706 (2015), Seafarers Protection Act
(See Attached)
● RA 11641, Department of Migrant Workers (2021)
(See Attached)
2. Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Land-based Overseas Filipino Workers (2016);
2016 Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Seafarers
(See Attached)
3. Parties
● Worker
Article 13 of PD No. 422, as amended - "Worker" means any member of the labor
force, whether employed or unemployed.
● Migrant Worker or OFW
Rule II Section 1, (jj) of REPUBLIC ACT No. 10022 - Overseas Filipino Worker or
Migrant Worker - refers to a person who is to be engaged, is engaged, or has been
engaged in a remunerated activity in a state of which he or she is not a citizen or
on board a vessel navigating the foreign seas other than a government ship used
for military or non-commercial purposes, or on an installation located offshore or
on the high seas. A "person to be engaged in a remunerated activity" refers to an
applicant worker who has been promised or assured employment overseas.
● Private Employment Agency
Article 13. (c) of PRESIDENTIAL DECREE No. 1412 FURTHER AMENDING CERTAIN
PROVISIONS OF BOOK I, PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN
AS THE LABOR CODE OF THE PHILIPPINES
"Private employment agency" means any person or entity engaged in the
recruitment and placement of workers for a fee which is charged directly or
indirectly, from the workers or employers or both.
● Private Recruitment Entity
Article 13 of PD No. 422, as amended - "Private recruitment entity" means any
person or association engaged in the recruitment and placement of workers,
locally or overseas, without charging, directly or indirectly, any fee from the
workers or employers.
● License/ Authority
Article 13 of PD No. 422, as amended - "License" means a document issued by
the Department of Labor authorizing a person or entity to operate a private
employment agency. "Authority" means a document issued by the Department of
Labor authorizing a person or association to engage in recruitment and
placement activities as a private recruitment entity.
4. Principles/ Definition of Recruitment and Placement (Labor Code, Art.
12-13)
PRE-EMPLOYMENT
Article 12. Statement of objectives. It is the policy of the State:
To promote and maintain a state of full employment through improved manpower
training, allocation and utilization;
To protect every citizen desiring to work locally or overseas by securing for him
the best possible terms and conditions of employment;
To facilitate a free choice of available employment by persons seeking work in
conformity with the national interest;
To facilitate and regulate the movement of workers in conformity with the national
interest;
To regulate the employment of aliens, including the establishment of a registration
and/or work permit system;
To strengthen the network of public employment offices and rationalize the
participation of the private sector in the recruitment and placement of workers,
locally and overseas, to serve national development objectives;
To insure careful selection of Filipino workers for overseas employment in order to
protect the good name of the Philippines abroad.
Article 13. Definitions.
"Worker" means any member of the labor force, whether employed or unemployed.
"Recruitment and placement" refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and includes
referrals, contract services, promising or advertising for employment, locally or
abroad, whether for profit or not: Provided, That any person or entity which, in any
manner, offers or promises for a fee, employment to two or more persons shall be
deemed engaged in recruitment and placement.
"Private fee-charging employment agency" means any person or entity engaged in
recruitment and placement of workers for a fee which is charged, directly or
indirectly, from the workers or employers or both.
"License" means a document issued by the Department of Labor authorizing a
person or entity to operate a private employment agency.
"Private recruitment entity" means any person or association engaged in the
recruitment and placement of workers, locally or overseas, without charging,
directly or indirectly, any fee from the workers or employers.
"Authority" means a document issued by the Department of Labor authorizing a
person or association to engage in recruitment and placement activities as a
private recruitment entity.
"Seaman" means any person employed in a vessel engaged in maritime navigation.
"Overseas employment" means employment of a worker outside the Philippines.
"Emigrant" means any person, worker or otherwise, who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its equivalent in the
country of destination.
5. Regulation of Recruitment and Placement Activities
Article 25. Private sector participation in the recruitment and placement of workers.
Pursuant to national development objectives and in order to harness and maximize
the use of private sector resources and initiative in the development and
implementation of a comprehensive employment program, the private employment
sector shall participate in the recruitment and placement of workers, locally and
overseas, under such guidelines, rules and regulations as may be issued by the
Secretary of Labor.
Article 26. Travel agencies prohibited to recruit. Travel agencies and sales agencies
of airline companies are prohibited from engaging in the business of recruitment
and placement of workers for overseas employment whether for profit or not.
Article 27. Citizenship requirement. Only Filipino citizens or corporations,
partnerships or entities at least seventy-five percent (75%) of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens shall be
permitted to participate in the recruitment and placement of workers, locally or
overseas.
Article 28. Capitalization. All applicants for authority to hire or renewal of license
to recruit are required to have such substantial capitalization as determined by the
Secretary of Labor.
Article 29. Non-transferability of license or authority. No license or authority shall
be used directly or indirectly by any person other than the one in whose favor it
was issued or at any place other than that stated in the license or authority be
transferred, conveyed or assigned to any other person or entity. Any transfer of
business address, appointment or designation of any agent or representative
including the establishment of additional offices anywhere shall be subject to the
prior approval of the Department of Labor.
Article 30. Registration fees. The Secretary of Labor shall promulgate a schedule
of fees for the registration of all applicants for license or authority.
Article 31. Bonds. All applicants for license or authority shall post such cash and
surety bonds as determined by the Secretary of Labor to guarantee compliance
with prescribed recruitment procedures, rules and regulations, and terms and
conditions of employment as may be appropriate.
Article 32. Fees to be paid by workers. Any person applying with a private feecharging employment agency for employment assistance shall not be charged any
fee until he has obtained employment through its efforts or has actually
commenced employment. Such fee shall be always covered with the appropriate
receipt clearly showing the amount paid. The Secretary of Labor shall promulgate
a schedule of allowable fees.
Article 33. Reports on employment status. Whenever the public interest requires,
the Secretary of Labor may direct all persons or entities within the coverage of this
Title to submit a report on the status of employment, including job vacancies,
details of job requisitions, separation from jobs, wages, other terms and conditions
and other employment data.
Article 34. Prohibited practices. It shall be unlawful for any individual, entity,
licensee, or holder of authority:
To charge or accept, directly or indirectly, any amount greater than that specified
in the schedule of allowable fees prescribed by the Secretary of Labor, or to make
a worker pay any amount greater than that actually received by him as a loan or
advance;
To furnish or publish any false notice or information or document in relation to
recruitment or employment;
To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under this
Code.
To induce or attempt to induce a worker already employed to quit his employment
in order to offer him to another unless the transfer is designed to liberate the
worker from oppressive terms and conditions of employment;
To influence or to attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency;
To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his
duly authorized representatives;
To fail to file reports on the status of employment, placement vacancies, remittance
of foreign exchange earnings, separation from jobs, departures and such other
matters or information as may be required by the Secretary of Labor.
To substitute or alter employment contracts approved and verified by the
Department of Labor from the time of actual signing thereof by the parties up to
and including the periods of expiration of the same without the approval of the
Secretary of Labor;
To become an officer or member of the Board of any corporation engaged in travel
agency or to be engaged directly or indirectly in the management of a travel
agency; and
To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under this Code
and its implementing rules and regulations.
Article 35. Suspension and/or cancellation of license or authority. The Minister of
Labor shall have the power to suspend or cancel any license or authority to recruit
employees for overseas employment for violation of rules and regulations issued
by the Ministry of Labor, the Overseas Employment Development Board, or for
violation of the provisions of this and other applicable laws, General Orders and
Letters of Instructions.
5. Regulation of Recruitment and Placement Activities
● Labor Code; POEA Charter (Executive Order No. 247, series of
1987, as amended by R.A. 9422), Department of Migrant Workers
(DMW) Charter RA No. 11641 (2021)
REPUBLIC ACT No. 9422
April 10, 2007
AN ACT TO STRENGTHEN THE REGULATORY FUNCTIONS OF THE PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) , AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE "MIGRANT
WORKERS AND OVERSEAS FILIFINOS ACT OF 1995"
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
SECTION 1. Section 23, paragraph (b.1) of Republic Act. No. 8042, otherwise
known as the "Migrant Workers and Overseas Filipinos Act of 1995" is hereby
amended to read as follows:
"(b.1) Philippine Overseas Employment Administration - The Administration shall
regulate private sector participation in the recruitment and overseas placement
of workers by setting up a licensing and registration system. It shall also
formulate and implement, in coordination with appropriate entities concerned,
when necessary, a system for promoting and monitoring the overseas
employment of Filipino workers taking into consideration their welfare and the
domestic manpower requirements.
"In addition to its powers and functions, the administration shall inform migrant
workers not only of their rights as workers but also of their rights as human
beings, instruct and guide the workers how to assert their rights and provide the
available mechanism to redress violation of their rights."
"In the recruitment and placement of workers to service the requirements for
trained and competent Filipino workers of foreign governments and their
instrumentalies, and such other employers as public interests may require, the
administration shall deploy only to countries where the Philippines has
concluded bilateral labor agreements or arrangements: Provided, That such
courtries shall guarantee to protect the rights of Filipino migrant workers;
and: Provided, further, That such countries shall observe and/or comply with the
international laws and standards for migrant workers."
SEC. 2. Section 29 of the same law is hereby repealed.
SEC. 3. Section 30 of the same law is also hereby repealed.
SEC. 4. All laws, orders, issuances, rules or regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.
SEC. 5. if, for any reason, any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof shall not be
affected thereby.
SEC. 6. This Act Shall take effect fifteen (15) days after its publication in at least
two newspapers of general circulation.
(DMW) Charter RA No. 11641 (2021)
[ republic act no. 11641, December 30, 2021 ]
AN ACT CREATING THE DEPARTMENT OF MIGRANT WORKERS, DEFINING ITS
POWERS AND FUNCTIONS, RATIONALIZING THE ORGANIZATION AND
FUNCTIONS OF GOVERNMENT AGENCIES RELATED TO OVERSEAS
EMPLOYMENT AND LABOR MIGRATION, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Department of Migrant
Workers Act."
Section 2. Declaration of Policies. – It is the duty of the State to protect the rights
and promote the welfare of Overseas Filipino Workers and their families, by: (a)
ensuring that private recruitment shall meet professional, legal and ethical
standards; (b) obtaining the best possible conditions of work that uphold the
dignity of Overseas Filipino Workers; (c) providing timely and responsive services
to address their needs regardless of legal status; (d) ensuring their participation in
the formulation of policies affecting their welfare; and (e) providing mechanisms
for skills development and reintegration.
In adherence to ratified international conventions and bilateral or multilateral
treaties on migration, the State commits to progressively aligns its programs and
policies towards the fulfillment of the twenty-three (23) objectives of the Global
Compact for Sale, Orderly and Regular Migration (GCM).
The State does not promote overseas employment as a means to economic growth
and national development and shall continuously aim to make it a choice and not
a necessity. The State shall institute measures that will strengthen the domestic
labor market for the effective reintegration of Overseas Filipino Workers.
● Labor Code: Art. 16, 18, 25-33, 35-37
Article 16. Private recruitment. Except as provided in Chapter II of this Title, no
person or entity other than the public employment offices, shall engage in the
recruitment and placement of workers.
Article 18. Ban on direct-hiring. No employer may hire a Filipino worker for
overseas employment except through the Boards and entities authorized by the
Secretary of Labor. Direct-hiring by members of the diplomatic corps,
international organizations and such other employers as may be allowed by the
Secretary of Labor is exempted from this provision.
Article 25. Private sector participation in the recruitment and placement of
workers. Pursuant to national development objectives and in order to harness
and maximize the use of private sector resources and initiative in the
development and implementation of a comprehensive employment program, the
private employment sector shall participate in the recruitment and placement of
workers, locally and overseas, under such guidelines, rules and regulations as
may be issued by the Secretary of Labor.
Article 26. Travel agencies prohibited to recruit. Travel agencies and sales
agencies of airline companies are prohibited from engaging in the business of
recruitment and placement of workers for overseas employment whether for
profit or not.
Article 27. Citizenship requirement. Only Filipino citizens or corporations,
partnerships or entities at least seventy-five percent (75%) of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens shall be
permitted to participate in the recruitment and placement of workers, locally or
overseas.
Article 28. Capitalization. All applicants for authority to hire or renewal of license
to recruit are required to have such substantial capitalization as determined by
the Secretary of Labor.
Article 29. Non-transferability of license or authority. No license or authority shall
be used directly or indirectly by any person other than the one in whose favor it
was issued or at any place other than that stated in the license or authority be
transferred, conveyed or assigned to any other person or entity. Any transfer of
business address, appointment or designation of any agent or representative
including the establishment of additional offices anywhere shall be subject to the
prior approval of the Department of Labor.
Article 30. Registration fees. The Secretary of Labor shall promulgate a schedule
of fees for the registration of all applicants for license or authority.
Article 31. Bonds. All applicants for license or authority shall post such cash and
surety bonds as determined by the Secretary of Labor to guarantee compliance
with prescribed recruitment procedures, rules and regulations, and terms and
conditions of employment as may be appropriate.
Article 32. Fees to be paid by workers. Any person applying with a private feecharging employment agency for employment assistance shall not be charged
any fee until he has obtained employment through its efforts or has actually
commenced employment. Such fee shall be always covered with the appropriate
receipt clearly showing the amount paid. The Secretary of Labor shall promulgate
a schedule of allowable fees.
Article 33. Reports on employment status. Whenever the public interest requires,
the Secretary of Labor may direct all persons or entities within the coverage of
this Title to submit a report on the status of employment, including job vacancies,
details of job requisitions, separation from jobs, wages, other terms and
conditions and other employment data.
Article 35. Suspension and/or cancellation of license or authority. The Minister of
Labor shall have the power to suspend or cancel any license or authority to
recruit employees for overseas employment for violation of rules and regulations
issued by the Ministry of Labor, the Overseas Employment Development Board,
or for violation of the provisions of this and other applicable laws, General Orders
and Letters of Instructions.
Article 36. Regulatory power. The Secretary of Labor shall have the power to
restrict and regulate the recruitment and placement activities of all agencies
within the coverage of this Title and is hereby authorized to issue orders and
promulgate rules and regulations to carry out the objectives and implement the
provisions of this Title.
Article 37. Visitorial Power. The Secretary of Labor or his duly authorized
representatives may, at any time, inspect the premises, books of accounts and
records of any person or entity covered by this Title, require it to submit reports
regularly on prescribed forms, and act on violation of any provisions of this Title.
6. Regulatory Authorities
● Department of Migrant Workers
● Regulatory and Visitorial Powers of the Dept. of Migrant
Workers Secretary, RA No. 11641
7. Contracts (Art. 34-35)
● Termination of Contract Migrant Workers- RA 8042, as amended
by RA 10022, Sec. 10
● 2010 Standard Terms and Conditions Governing the Overseas
Employment of Filipino Seafarers On-Board Ocean-Going Ships
(Secs. 30, 32, and 32-A)
8. Ban on Direct Hiring
9. Persons and Entities prohibited from recruiting- Labor Code, Art. 26,
RA 8042, as amended by RA 10022, sec. 6 (j); Revised POEA Rules
2016, Part II, Rule I, sec. 101-104
10. Non-transferability/ Suspension or Cancellation of License or
Authority
C. ILLEGAL RECRUITMENT
1. Definition/ Prohibited Acts/ Elements and Types (Labor Code: Articles
13(b), 34, 35, 39, RA 8042 as amended by RA10022, Sec 6(j); )
2. Illegal Recruitment v. Estafa- RA 8042, as amended by RA 10022, sec.6;
Revised Penal Code, Art. 315, par 2 (a)
3. Solidarity liability of Local Recruitment Agency and Foreign
Employer- RA 8042, as amended by RA 10022, sec 10; Theory of
Imputed Knowledge
D. EMPLOYMENT OF NON-RESIDENT ALIENS
1. Labor Code: Articles 40-42; DOLE DO. No. 186-17, Sec. 1-3 and 12-14, as
amended by DOLE DO No. 221-21; DOLE DO 2015-19, Sec. 1-3, 7-8
CASE LAW:
❖ REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES
➢ Republic v. Human Link Manpower, April 22, 2015
➢ Capricorn Travel and Tours v. CA, April 3, 1990
➢ Stronghold Insurance Co. v. CA, January 30, 1992
➢ Catan v. NLRC, April 15, 1998
➢ Royal Crown International v. NLRC, October 16, 1989
❖ CONTRACTS
➢ Seagull Maritime v. Balatongan, February 28, 1989
➢ Interorient Maritime Enterprises v. NLRC, September 16, 1996
➢ Sunace International Management Services v. NLRC, January 25, 2006
➢ Santiago v. CF Sharp Crew Management, GR No. 162419, July 10, 2007
❖ REPATRIATION
➢ Equi-Asia Placement, Inc v. DFA, September 19, 2006
❖ ILLEGAL RECRUITMENT
➢ People v. Marzan and Dulay, September 21, 2022
➢ People v. Diaz, July 26, 1996
➢ Aquino v. Court of Appeals, November 21, 1991
➢ People v. Senoron, January 30, 1997
➢ People v. Panis, July 11, 1990
➢ People v. Goce, August 29, 1995
➢ Darvin v. CA, July 13, 1998
➢ People v. Yabut, October 5, 1999
➢ Athenna International Manpower v. Villanos, April 15, 2005
➢ Rodolfo v. People of the Philippines, August 10, 2006
❖ DISPUTE SETTLEMENT
➢ Serrano v. Gallant Maritime (GR No. 167614, March 24, 2009)
➢ Sameer Overseas Placement Agency, Inc. v. Cabiles (GR No. 170139,
August 5, 2014)
➢ Yap v. Thenamaris Ship’s Management, May 30, 2011
➢ Skippers United v. Doza, February 8, 2012
➢ Stolt-Nielsen v. Medequillo, January 18, 2011
➢ IPAMS v De Vera (GR No. 205703, March 7, 2016)
➢ Dagasdas v. Grand Placement and General Services Cor (January 18,
2017, GR No. 205727)
➢ Eastern Mediterranean Maritime LTD v. Surio (GR No. 154213, August
23, 2012)
➢ Petroleum Shipping Limited v. NLRC (GR No. 148130, June 16, 2006)
➢ CF Sharp Crew Management Services v. NLRC (GR No. 155903,
September 14, 2007)
❖ SEAFARERS
➢ Status Maritime Corporation v. Doctolero, January 18, 2017
➢ Maersk Filipinas Crewing Inc v. Ramos, January 18, 2017
➢ Manila Shipmanagement & Manning Inc v. Aninang, January 31, 2018
➢ Orient Hope Agencies, Inc. v. Jara, June 6, 2018
➢ Heirs of Olorvida, Jr. v. BSM Crew Service Center Philippines, June 27,
2018
❖ EMPLOYMENT OF NON-RESIDENT ALIENS
➢ General Milling Corporation v. Torres, April 22, 1991
➢ International School Alliance of Educators (ISAE) v. Quisumbing, June
1, 2000
➢ McBurnie v. Ganzon, EGI Managers, Inc., October 17, 2013
II. EMPLOYER-EMPLOYEE RELATIONSHIP (WORK RELATIONSHIPS)
A. Employer-Employee Relations
1. Definition/ Elements of Relationship (Labor Code: Article 97 (a), (b),
(c), (e); 173 (f), (g); 219 (e) & (f); RA 8282 Sec (c) and (d); DOLE DO 14715
2. Department Order (D.O.) No. 147-15, Section 3
3. Tests
4. Burden of Proving Employer-Employee Relationship
5. Piercing the Corporate Veil
6. Cases involving Television Broadcasters
CASE LAW:
 Sonza v. ABS-CBN Broadcasting Corporation (June 10, 2004); see also
Tiangco v. ABS-CBN Broadcasting Corporation (GR No 200434, Dec. 6, 2021)
 ABS-CBN Broadcasting Corporation v. Nazareno (September 26, 2006)
 Dumpit-Murillo v. Court of Appeals (June 8, 2007)
 Fuji Television v. Espiritu (December 3, 2014)
 Bernante v. PBA (September 14, 2011)
 Consulta v. CA (March 18, 2005)
 Paguio Transport Corporation v. NLRC (August 28, 1998)
 Villamaria v. CA (April 19, 2006)
 Republic of the Philippines v. ASIAPRO (November 23, 2007)
 Angelina Francisco v. NLRC (August 31, 2006)
 Tongko v. Manufacturers Life (June 29, 2010 and January 25, 2011)
 Matling Industrial v. Coros (October 13, 2010)
 Cosare v. Broadcom Asia (February 5, 2014)
 Atlanta Industries v. Sebolino (January 26, 2011)
 Intel Technology v. NLRC and Cabiles (February 5, 2014)
 Samonte v. La Salle Greenhills (February 10, 2016)
 Loreche-Amit v. Cagayan de Oro Medical Center, June 3, 2019
 Ditiangkin v. Lazada e-Services Philippines, Inc. (GR No. 246892, September
21, 2022)
B. Independent Contractor- Trilateral Relations (Labor Code: Article 106-109;
Department Order No. 174-17; Department Order 18-A, series of 2011;
Department Circular 1-2017; EO 51 (2018))
1.
2.
3.
4.
5.
6.
7.
8.
Trilateral relationship; requirements for an independent contractor
Permissible contracting or subcontracting; not covered
Rights of contractor’s/subcontractor’s employees
Effect of termination of employment
Prohibited contracting – Labor-only contractor
Registration of contractor
Other prohibitions
Solidary liability
9. Retaliatory measures
10. Applicability/non-applicability
C. Security Guards: DO No. 150, s. 2016
CASE LAW:
 Martinez v. Magnolia Poultry Processing Plant, June 16, 2021
 Escauriaga v. Fitness First, January 22, 2024
 Meralco v. Benamira (July 14, 2005)
 Aliviado v. Procter and Gamble (March 9, 2010)
 Smart Communications v. Astorga (January 28, 2008)
 Coca-Cola Bottlers v. Agito (February 13, 2009)
 Manila Water v. Dalumpines (October 4, 2010)
 Babas v. Lorenzo Shipping (December 15, 2010)  Quintanar v. Coca-Cola
Bottlers, June 28, 2019
D. Independent Contractor – Bilateral Relations
III. KINDS OF EMPLOYMENT
A. Classification of Employees (Labor Code: Articles 293, 295-296; Rules,
Book VI, Secs.5-6; IRR Book VI, Rule 1; Manual of Regulations for Private
Higher Education, Sec. 117)
1.
Regular Employees
2.
Casual Employees
3.
Project Employees
4.
Fixed-Term Employees
5.
Seasonal Employees
6.
Probationary Employees CASE LAW:
 Tapia v. GA2 Pharmaceutical, Inc., September 28, 2022
 Upod v. Onon Trucking and Marketing Corp., July 14, 2021
 Sampana v. The Maritime Training Center of the Philippines, February 26,
2024
 Umali v. Hobbywing Solutions Inc, March 14, 2018
 Paragele v. GMA Network, July 13, 2020
 The Peninsula Manila v. Alipio, June 17, 2008
 Magis Young Achievers’ Learning Center v. Manalo, February 13, 2009)
 Mercado v. AMA Computer College, April 13, 2010
 Colegio del Santisimo Rosario v. Rojo, September 4, 2013
 University of St. La Salle v. Glaraga, June 10, 2020
 Kimberley Clark Phils. v. Secretary, November 23, 2007
 Benares v. Pancho, April 29, 2005
 Hacienda Bino/ Hortencia Starke v. Cuenca, April 15, 2005
 Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March
18, 2005
 Poseidon Fishing v. NLRC, February 20, 2006
 PLDT v. Arceo, May 5, 2006
 Leyte Geothermal Power Progressive Employees Union v. PNOC-EDC,
March 30, 2011
 Pasos v. PNCC, July 3,2013
 Malicdem v. Marulas Industrial Corp, February 26, 2014
 Minsola v. New City Builders, Inc. January 31, 2018
 Exodus Industrial Construction v. Biscocho, February 23, 2011
 DM Consunji v. Gobres, August 8, 2010
 Samonte v. La Salle Greenhills, Inc. February 10, 2016
 Gapayao v. Fulo, June 13, 2013
 Universal Robina Sugar Milling Corp. v. Acibo, January 15, 2014
 Paz v. Northern Tobacco Redrying Co., Inc., GR No. 199554,
 Abbot Laboratories v. Alcaraz, July 23, 2013, January 15, 2014
 Dasco v. PHILTRANCO, June 29, 2016
 Ramiro Lim & Sons v. Guilaran, February 6, 2019
 Sagun v. ANZ Global Services and Operations, August 22, 2016
 CP Reyes Hospital v. Barbosa, GR No. 228357, April 16, 2024
IV. LABOR STANDARDS
A.
WORKING CONDITIONS
1. Management Prerogative
2. Covered Employees (Labor Code: Art. 82, Omnibus Rules
Implementing the Labor Code, Book III, Rule I, Sec. 1 and 2)
3. Normal Hours of Work (Labor Code, Arts. 83-84; Omnibus Rules Book
III, Rule I, Sec. 3-4)
4. Flexible Work Arrangements (Telecommuting Act, RA 11165)
5. The Bunkhouse Rule
6. The Personal Comfort Doctrine (Normal Hours of Work/ Night Shift
Differential)
7. Night Shift Differential (Labor Code, Art. 86; Omnibus Rules Book III,
Rule II, Sec. 1-6)
8. Overtime work (Labor Code, Arts, 87-90, Omnibus Rules Book III,
Rule I, Sec. 8-10)
● Compressed work week, alternative work arrangements (DOLE
DA No. 02-04; DOLE DA No. 02-09; DOLE DA No. 04-10
● Built-in Overtime
9. Non-compensable Hours: When Compensable
a. Meal Break
b. Power Interruptions or Brownouts
c. Idle Time
d. Travel Time
e. Commuting Time
f. Waiting Time
10. Rest Periods (Labor Code, Art. 91-93, Omnibus Rules Book III, Rule III,
Secs. 1-9)
11. Productivity Standards
12. Change of Working Hours
13. Service Charge (RA 11360; DO 242-24) CASE LAW:
❖ Management Prerogative
➢ San Miguel Brewery Sales v. Ople, February 8, 1989
➢ PT & T v. NLRC, May 23, 1997
➢ Goya v. Goya Employees Union, January 21, 2013
➢ Pasay City Alliance Church v. Benito, November 28, 2019
❖ Coverage (Article 82)
➢ National Sugar Refineries Corp. v. NLRC, March 24, 1993
➢ Penaranda v. Banganga Plywood Corp, May 3, 2006
➢ Auto Bus Transport Systems v. Bautista, May 16, 2005
➢ Labor Congress of the Philippines v. NLRC, May 21, 1998
➢ David v. Macaiso, July 2, 2014
❖ Hours of Work (Labor Code: Article 83-90)
➢ Rada v. NLRC, January 9, 1992
➢ University of Pangansinan Faculty Union v. University of Pangasinan,
February 20, 1984
➢ National Shipyards and Steel Corporation v. CIR, December 30, 1961
➢ National Development Co. v. CIR, November 30, 1962
➢ Sime Darby Pilipinas v. NLRC, April 15, 1998
➢ Bisig ng Manggagawa ng PRC v. PRC, September 30, 1981
➢ PAL Employees Savings and Loan Association, Inc. (PESALA) v.
NLRC, August 22, 1996
➢ Lagatic v. NLRC, January 28, 1998
➢ Mercury Drug Co. v. Dayao, September 30, 1982
➢ Arguilles v. Wilhemsen, GR 254586, July 10, 2003
❖ Rest Period and Holidays (Labor Code: Articles 91-94; Executive Order 203
(1987); RA 9849 (December 11, 2009)
➢ Jose Rizal College v. NLRC, December 1, 1987
➢ San Miguel Corp. v. CA, January 30,2002
➢ Insular Bank of Asia and America Employees Union (IBAAEU) v.
Inciong, October 23, 1985
➢ Wellington Investment and Manufacturing Corporation v. Trajano, July
3, 1995
➢ Caltex Regular Employees at Manila Office v. Caltex (Phils.), Inc.,
August 15, 1995
➢ Chartered Bank Employees’ Association v. Ople, August 28, 1985
➢ Odango v. NLRC, June 10, 2004
B. Wages
1. Concept and Definition (Labor Code: Art. 97-98; Omnibus Rules: Book
III, Rule VII, Sections 2-9)
● Wage v. Salary
● No work, no pay
● Equal pay for equal work/ Equal pay for work of equal value
● Fair day’s wage for a fair day’s labor
● Non-diminution of benefits v. Labor Code: Art. 100
2. Wage Determination/ Wage Fixing (Labor Code: Art. 99, 101, 120-127;
RAs 6727, 8188, and 9178; Wage Order No. NCR 23-2022)
● Wage Order
● Wage Distortion
3. Minimum Wage
● Payment of hours worked
● Payment by results
4. Wage Distortion
5. Payment of wages (Labor Code: Articles 102-105, 112-119; Art. 259 in
relation to Art. 112)
6. Prohibitions regarding wages
7. Holiday Pay (Labor Code: Art. 94, Omnibus Rules Book III, Rule IV, Sec.
1-7, RA 9492, RA 9849, RA 10966)
8. Bonuses and 13th Month Pay (PD 851; Memorandum Order No. 28;
Revised Guidelines on the Implementation of the 13th Month Pay Law
9. Worker’s Preference (Art 110) and Attorney’s Fees (Art 111)4
10. Employees Paid by Results (Labor Code: Article 101)
CASE LAW:
4 Not incuded in the syllabus
❖ Concept and Definition (Labor Code: Article 97-98; Omnibus Rules: Book III,
Rule VII, Sections 2-9
➢ Tan v. Lagrama, August 15, 2002
➢ Philippine Spring Water Resources v. Mahilum, June 11, 2014
➢ Mabeza v. NLRC, April 18, 1997
❖ Wage-Fixing (Labor Code: Articles 99, 101, 120-127; Republic Act Nos. 6727,
8188, and 9178; Wage Order No. NCR 23-2022
➢ Nasipit Lumber Co. v. NWPC, April 27, 1998
➢ ECOP v. NWPC, RTWP-NCR and TUCP, September 24, 1991
➢ Metropolitan Bank and Trust Company v. NWPC, February 6, 2007
➢ NWPC and RTWP v. APL, March 12, 2014
❖ Wage Distortion
➢ MICTSI v. MICTSILU-FDLO, November 29, 2022
❖ Payment of Wages (Labor Code: Articles 102-105, 112-119 (Article 259 in
relation to Article 112)
➢ SHS Perforated Materials v. Diaz, October 13, 2010 (compare with
Milan v. NLRC, February 4, 2015)
➢ Commando Security v. NLRC, July 20, 1992
❖ Thirteenth-Month Pay (Presidential Decree 851; Memorandum Order No. 28;
Revised Guidelines on the Implementation of the 13th Month Pay Law)
➢ Dole Philippines v. Leogardo, October 23, 1982
➢ Philippine Duplicators v. NLRC, February 15, 1995
➢ Boie-Takeda Chemicals v. Dela Serna, December 10, 1993
➢ Philippine Agricultural Commercial and Industrial Workers Union v.
NLRC, August 14, 1995
❖ Non-Diminution (Labor Code: Article 100)
➢ Sevilla Trading Co. v. Semana, April 28, 2004
➢ Arco Metal Products v. Samahan ng mga Manggagawa sa ArcoMetalNAFLU, May 14, 2008
➢ Globe Mackay Cable v. NLRC, June 29, 1988
➢ Insular Hotel Employees Union v. Waterfront Insular Hotel Davao,
September 22, 2010
➢ Asis v. Minister of Labor, March 15, 1989
➢ Royal Plant Workers Union v. Coca-Cola Bottlers, April 15, 2013
❖ Employees Paid By Result
➢ Tan v. Lagrama, August 15, 2002
➢ David v. Macasio, July 2, 2014
C. Leaves
1. Service Incentive Leave- Labor Code: Article 95; Omnibus Rules: Book III,
Rule V, Sec. 1-6
2. Leaves under Special Laws
a. Parental Leave for Solo Parents (RA 8972, Solo Parents Welfare Act of
2000, Section 3 (a), RA 11861, Expanded Solo Parents Welfare Act;
Implementing Rules and Regulations of RA 8971, Sec. 16-21
b. Expanded Maternity Leave Act- RA 11210 (2019)
c. Paternity Leave- RA 8187; CSC Memorandum Circular No 01-2016
d. Gynecological Leave- RA 9710, Sec. 18; DO 112-11 (s2011); CSC
Resolution No. 1000432, Nov. 22, 2010
e. Battered Woman Leave (VAWC Leave) RA 9262 Anti-Violence Against
Women and their Children Act Section 3(a), 5, 43 CASE LAW:
❖ SERVICE INCENTIVE LEAVE
➢ Auto Bus Transport Systems v. Bautista, May 16, 2005
D. Working Conditions for Special Workers
1. Apprentices and Learners
a. Labor Code: Art. 55-57
b. The Dual Training System Act: RA 7686; RA 10869 (2016) Jobstart
Philippines Act
c. RA 11230 (2019) Tulong Trabaho Act
3. Persons with disabilities
a. RA 7277 as amended by RA 9442, RA 10070 and RA 10524
CASE LAW
❖ Apprenticeship
➢ Nitto Enterprises v. NLRC, September 29, 1995
❖ Disability
➢ Bernardo v. NLRC, July 12, 1999
E. Working Conditions for Special Groups of Employees
1. Women: Labor Code: 130, 132-136; Omnibus Rules: Book III, Section XII, Sec.
1, 4-14; RA 9710, Magna Carta of Women, Sec. 1-3, 4(b) &k, 22, 35, 41;
RA 7877 Anti-Sexual Harassment Act of 1995; RA 7192 Women in
Development and Nation Building Act; Social Security Act; RA 11210
Expanded Maternity Leave Act; RA 10028 Expanded Breastfeeding
Promotion Act of 2009
2. Occupational Qualifications
3. Night workers: Labor Code 154-161 (as amended by RA 10151; DO 119-12)
4. Gender LC
● Discrimination
● Stipulation against marriage
● Prohibited Acts
● Facilities for Women
● Women Working in Night Clubs
5. Minors
● Labor Code: Articles 137-138
● Republic Act 7610, Special Protection Against Child Abuse,
Exploitation and Discrimination Act, Section 12, as amended by
Republic Act 7658
● Department Circular No. 2 Series of 2017 (Guidelines on the Issuance
of Work Permit for Children Below 15 Years of Age Engaged in Public
Entertainment or Information (as amended by Department Circular No.
2, Series of 2018)
● DOLE Advisory 01-08 Series of 2008
● DOLE No. 149 series of 2016, DO No 149-A (2017)
● Republic Act 9231, An Act Providing for the Elimination of the Worst
Forms of Child Labor and Affording Stronger Protection for the
Working Child
6. Kasambahays/ Househelpers
● RA 10361
7. Homeworkers: Labor Code: Articles 151-153
● DOLE Department Order No.5, series of 1992D
8. Sexual Harassment in the Work Environment (RA 7877); Safe Spaces Act (RA
11313)
9. Others
● RA 10911 (Anti-Age Discrimination in Employment Act)
● RA 9710 (Gender and Marital Status)
● DOLE DA No 01-10; DOLE DO 73-05 (Illness)
● RA 11036 (Mental Health Act)
CASE LAW:
❖ Women
➢ Philippine Telegraph & Telephone Co. v. NLRC, May 23, 1997
➢ Domingo v. Rayala, February 18, 2008
➢ Duncan Association of Detailman v. Glaxo Wellcome, September 17,
2004
➢ Star Paper Corp v. Simbol, April 12, 2006
➢ Yrasuegi v. PAL, October 17, 20
❖ Househelpers/ Kasambahay
➢ Apex Mining Company, Inc. v. NLRC, April 22, 1991
➢ Remington Industrial v. Castaneda, November 20, 2006
➢ Atienza v. Saluta, G.R. No. 233413, June 17, 2019
V. SOCIAL LEGISLATION
A. SSS Law RA No. 11199 (2018)
● Coverage and exclusions
● Dependents, Beneficiaries
● Benefits
B. GSIS Law (RA No. 8291)
● Coverage and exclusions
● Dependents, Beneficiaries
● Benefits
C. Portability – RA No. 7699
D. Disability and Death Benefits
● L.C. Article 198
● POEA Standard Employment Contract – Sec 32 POEA Standard
Employment Contract
● Rules on referral to third doctor
● Supplemental Guidelines on the Implementation of the Mental Health
Policy and Program in the Workplace, Labor Advisory No. 19 Sept. 15,
2023
E. Review of Management Prerogative
● Occupational Qualifications
● Productivity Standards
● Change of Working Hours
● Transfer of Employees
● Discipline of Employees
● Grant of Bonuses and Other Benefits
● Clearance Process
● Post-Employment Restrictions
CASE LAW:
❖ Disability
➢ Caraan v. Grieg Philippines, Inc., May 05, 2021