General Concepts
Includes all the rules of law governing the conditions which persons may work under the control of other persons called employers.
What is Labor Law?
Refers to the terms and conditions of employment that employers must comply with and to which employees are entitled as a matter of legal right.
What is Labor Standards?
Social justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the equalization of the social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.
Calalang vs. Williams
May 1, 1974; November 1, 1974
When was the Labor Code of the Philippines promulgated and formally took effect?
Kagawaran ng Paggawa at Empleyado
What is "Department of Labor and Employment" in Tagalog?
The charter of human rights and a bill of obligations for every working man.
What is the Labor Code defined as?
Carrying out and interpreting Labor Code provisions including its IRRs, the worker’s welfare should be the primordial and paramount consideration for an exploited working class is a discontented working class.
what is the purpose of Liberal Construction in favor of labor?
Maternity Children's Hospital vs. Secretary of Labor
The laborer's wages shall not be subject to _______________
Art. 1708 execution or attachment
Jie Whiz
What is Atty. Balino's name in Facebook?
This rule is applied in favor of labor in case there is doubt.
When is the Rule of Liberal Construction applied?
They are embedded in the Labor Code to maintain industrial peace and harmony in the working world.
Why are Anti-graft provisions embedded in the Labor Code?
J. Antonio Eduardo B. Nachura was the ponente in this case.
Who was the ponente in the case of "Smart Communications vs. Astorga"?
All rights and benefits granted to workers under this Code shall...apply alike to all workers, whether ___________
Art. 6 agricultural or non-agricultural
Silvestre Bello III
Who is the current Secretary of Labor and Employment?
This term includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states
What is an employee as defined in the Labor Code?
The SC held in this case that an individual like an artist or talent has a right to render his services without any one controlling the means and methods by which he performs his art or craft.
Sonza vs. ABS-CBN
In this case, it was mentioned that:
The purpose is "to shield the affairs of international organizations, in accordance with international practice, from political pressure or control by the host country to the prejudice of member States of the organization, and to ensure the unhampered performance of their functions.
Lasco vs UN Revolving Fund, Immunity/ Diplomatic immunity
The Secretary of Labor and Employment...shall have access to __________________ and ________
Art. 128
employer's records; premises
Order of the Flaming Arrows
When Atty. Balino graduated, she was a distinguished member of what order in recognition of her academi proficiency?
It is one where the workers are employed through their leader who advances transportation charges and supplies food and clothing for them. In return for these services, the worker agrees to serve any employer with whom the leader had contracted to sell a worker's labor.
What is the Padrone System? Why is it not allowed?
______ is the permanent or regular status granted to a worker usually after probationary or trial period while __________________ is the right of the worker to be secure or to continue in employment until the same is terminated by authorized or just cause provided in the law.
Tenure; Security of Tenure
In this case, the four-fold test, namely: (a) the selection and engagement of the employee; (b) the payment of wages;(c) the power of dismissal; and (d) the power to control the employee's conduct, or the so-called "control test", was mentioned
PHILIPPINE GLOBAL COMMUNICATIONS v. RICARDO DE VERA
The State shall afford full protection to _____, local, and overseas, _________ and ___________, and promote ________________ and ________ of employment opportunities for all.
Sec. 3, Art. XIII of the 1987 Constitution:
labor; organized; unorganized; full employment; equality
The aggrieved party must create a complaint petition that cites their cause for action. All the complainants and respondents must be cited within the petition and this petition must be signed under oath. The petition must then be brought to the labor arbiters of their respective regional arbitration branches. The aggrieved party must also serve the opposing party with a copy of the pleading along with its supporting documents.
How do you file a case with the NLRC?