Syllabus - Labor Standards 2020-21 1ST SEM
Syllabus - Labor Standards 2020-21 1ST SEM
Syllabus - Labor Standards 2020-21 1ST SEM
College of Law
School of Law & Governance
Cebu City
Syllabus
in
Labor Standards Law
(A.Y. 2020-2021, 1st Semester.)
This course principally involves a study of the minimum terms and conditions of
employment prescribed by the Labor Code of the Philippines as well as pertinent rules
and regulations promulgated by the Department of Labor and Employment as affecting
worker/s’ wages or monetary benefits, hours of work and other conditions of
employment including the workers’ occupational health, safety and welfare, in the
private sector.
COURSE OBJECTIVES:
The whole and entire course program is intended to enable the Carolinian Law
graduate to prepare him/her for the practice of law or to engage in human resource and
other related fields of practice, bearing in mind that in the very heart of the judicial
system, labor cases occupy a special place. More than the State guarantees of protection
to labor and security of tenure, labor disputes involve the fundamental survival of the
employees and their families, who depend upon the former for all the basic necessities
in life. Thus, it is expected at the end of the program, the law graduate will be able to
demonstrate the following attributes:
PLLO 1: KNOWLEDGE
PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO
THE WORD
PLLO 3: THINKING SKILLS
PLLO 4: RESEARCH SKILLS
PLLO 5: COMMUNICATION AND COLLABORATION
PLLO 6: SELF-MANAGEMENT
At the end of the law program, the Carolinian law graduate is expected to be
Witness to the Word and to embody the following Graduate attributes:
COURSE LEVEL LEARNING OUTCOMES: At the end of the semester, the students
are expected to be able to:
GRADING SYSTEM:
Midterm Grade:
30% - Oral/Online Examination
70% - Written Examination
*Credit on Case Digest
Final Grade:
50% - Midterm Grade Standing
50% - Oral/Online Examination (30%) & Written Examination (70%)
*Credit on Case Digest
Oral/Online Examination
*Comprehension & Analytical Skills
*English Proficiency
*Confidence/Interaction
Written Examination
*Comprehension & Analytical Skills
*Legal Research & Citations
*English Proficiency/Writing Skill
Exemption from
Compliance with
Prescribed Wage
Increases/Cost of Living
Allowances Granted by the
RTWPB, as further
amended by NWPC
Resolution No. 1, S. 2014,
dated March 31, 2014;
Exemption under the Labor
Code (Art. 98); RA 9178
(Barangay Micro Business
Enterprises Act of 2002) &
RA 10644 (Go Negosyo
Act); Power to issue Rules
on Exemption and Power to
grant exemptions from
wage orders; appellate
procedure;
Wage Distortion; Concept
(Art. 124) & Elements;
Methods of Resolving Wage
Distortion
(unorganized/organized
establishments);
Jurisdiction over wage
distortion disputes
(Compulsory arbitration;
Voluntary Arbitration &
Appeal Procedure); Special
civil action (Rule 65, 1997
Rules of Civil Procedure);
Petition for Review; (Rule
43 & Rule 45, 1997 Rules of
Civil Procedure)
Others:
a) DOLE D.O. No. 178, S.
2017, dated August 25, 2017
(Safety & Health Measures
for Workers who by Nature
of Their Work, Have to
Stand)
b) DOLE D.O. No. 184, S.
2017, dated October 18,
2017 (Safety & Health
Measures for Workers Who,
by the nature of their work,
have to spend long hours
sitting)
dilatory appeals;
NLRC En Banc Res. No. 14-
13, S. 2013 (Schedule of Fees
& Charges; see NLRC En
Banc Resolution 03-19, S.
2019 published on April 15,
2019) Exemption of
complainants under NLRC
En Banc Res. No. 04-14, S.
2014 from certain Filing
Fees; Requisites to Perfect
Appeal; Prohibited
Appeals; Interlocutory
Order & Final Order;
NLRC; composition (RA
9347, rationalizing the
composition & function of
the NLRC); (see former EO
No. 204, S. 2003
Administrative Supervision
of Secretary of Labor,
revoking EO No. 185,
S.2003);
NLRC: En banc & Division;
Powers & Functions;
Finality of NLRC & Labor
Arbiter's decision; Issuance
of certificate of finality;
Execution of Judgment (see
2012 NLRC Sheriff’s
Manual on Execution of
Judgment, NLRC En Banc
Res. 10-12, Series of 2012);
Pre-execution conference;
issuance of writ & quashal
of writ of execution; Third
party claims; when allowed
& effect on proceedings;
Extraordinary Remedies
from order or resolution of
Labor Arbiter; Grounds;
Prescribed Reglementary
Period; Appellate
Remedies: Special Civil
Action (Rule 65, 1997 Rules
of Civil Procedure); and
Atty. J. M. Marquez Page 18 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
Describe the law 13. Other Important Labor Recitation, Week Recitation,
applicable to Provisions Reporting, 14-16 Written
contracting Lecture & Examination
arrangements, a. Contracting Arrangement Discussion & Home
and its rules and (Arts. 106-109; “trilateral Assignment
regulations. relationship” vs. bilateral
Ascertain the relationship; “job
right of workers contracting” vs. "labor-
in case of only" contracting; scope &
insolvency of nature of liability of
the employer. principal & contractor &
Determine the duties and obligations;
nature and rights of contractor’s
scope of employees; Wage increases;
compensation legislated & contractual;
for the services effect on principal &
of counsel. contractor's liability (RA
6727); DOLE D.O. No. 174,
S. 2017 published on March
18, 2017, and DOLE Dept.
Cir. No. 01, S. 2017, dated
June 9, 2017, Clarifying the
Applicability of D.O. 174, S.
2017 (see DOLE Dept. Cir.
No. 1, S. 2012, Clarifying
the Applicability of DO 18-
A to BPO, KPO &
Construction Industry); see
also DOLE Labor Advisory
No. 06, S. 2017 (Guidelines
in the Conduct of Voluntary
Regularization of
Employees), and DOLE
Labor Advisory No. 06, S.
2018 (Clarificatory
Guidelines on renewal of
Registration of Contractors
under D.O. No. 174. S.
2017); see Executive Order
No. 51 (Implementing
Article 106, to Protect the
Right to Security of Tenure
of All Workers Based on
Social Justice in the 1987
Phil. Constitution),
published on May 4, 2018.
Atty. J. M. Marquez Page 19 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
19, S. 1993)
b. Worker’s Preference
(scope (Art. 110); unpaid
wages and other monetary
benefits; preference of
credit vs. lien; nature of
preference; bankruptcy or
liquidation proceedings;
effect of corporate
rehabilitation on pending
actions (RA 8799); scope of
stay order; effect of stay
order on proceedings and
reinstatement;
Worker's Lien (Art. 1707,
Civil Code); Sec. 133
(Concurrence & Preference
of Credits) RA 10142 (FRIA
of 2010)
Atty. J. M. Marquez Page 20 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
S. 2012 (Amending
Guidelines on the
implementation of special
leave benefit for women
employees in the private
sector
c) Employment of Nursing
Employees
(RA 10028 (Expanded
Breastfeeding Promotion
Act of 2009); see IRR, dated
August 22, 2011 on
Employment of Nursing
Employees; Coverage (Sec.
7, Rule III); Nursing
Employee; Definition (Sec.
5, Rule II); DOLE DO No.
143, S. 2015 (Guidelines
governing exemption of
establishments from setting
up workplace lactation
station) Lactation
(Breastfeeding) Station;
Break Interval; Regular
Time-Off for Meals;
Workplace Policy (Sec. 9);
Access to Breastfeeding
Information;
Administrative sanctions
(Sec. 32, Rule IX)
d) Employment of Night
Workers
Arts. 154-161; see DOLE DO
No. 119-12, S. 2012 dated
January 20, 2012; Coverage
& Exclusion; Night worker;
Concept; Health
Assessment; Mandatory
Facilities; Transfer;
Compensation; Social
Services; Night Work
Schedules; Violations;
Criminal liability of
Employer
Atty. J. M. Marquez Page 23 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
f)Employment of Domestic
Workers
Arts. 139-150 (Domestic
Workers Act or Batas
Kasambahay); see IRR
dated May 9, 2013; also
DOLE Labor Advisory No.
17, S. 2018 (Clarificatory
Guidelines on Handling
Atty. J. M. Marquez Page 24 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
Homeworkers
(Arts. 151 to 153; DO No. 5,
S. 1992 (Industrial
Homeworkers); Processing
(manufacturing, fabricating,
finishing, repairing,
altering, packing,
wrapping; production of
article or material);
exemption from minimum
Wage (Art. 98) if engaged in
needlework; Right to form
organization; method of
payment based on standard
output rate or standard
minimum rate (time &
motion studies);
Prohibition: explosive,
fireworks; drugs, poison
etc.
h) Employment of Non-
Resident Aliens (Arts. 40 to
42; trade union activities;
regulation of foreign
assistance (Art. 285 (270);
1.Alien Employment
Permit
Revised Rules for Issuance
of Employment Permits to
Foreign Nationals, DOLE
D.O. No. 186, S. 2017,
published on November 24,
2017 (see former D0 No.
146-15, S. 2015); see Joint
Memorandum Circular No.
001, S. 2019, Rules of
Procedure Governing
Foreign Nationals
Intending to Work in the
Phils, published on
October 17, 2019
3. Others: DOLE
Memorandum Cir. No. 04,
S. 2009 (Special Visa for
Employment Generation
(E.0. No. 758)); see DOJ
Memo Cir. No. RAD-JR-11-
007 (Revised Implementing
Rules & Regulations for EO
758, S. 2008 Prescribing
Guidelines for Issuance of
Special Visa to Non-
Immigrants for
Employment Generation
i) Employment of Students
& Working Scholars
(working scholar; concept;
RA 7323, S. 1992 (Special
Program for Employment
of Students during Summer
& Christmas), as amended
by RA 9547, S. 2009, and
further amended by RA
10917;
Student trainee (EO No. 139
(Work Appreciation
Program/Youth Trainee);
RA 7796 (Tesda Act of
1994); RA 7686 (Dual
Training System Act of
Atty. J. M. Marquez Page 27 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
j)Employment of Academic
& Non-Academic
Personnel in Private
Educational Institution (
Academic & Non-academic
personnel (CHED
Memorandum Circular No.
40, S.2008 (Manual of
Regulations for Private
Higher Education of 2008 &
DepEd Order No. 88, S.
2010 (2010 Revised Manual
of Regulations for Private
Schools in Basic Education)
k)Employment of Senior
Citizens (RA 9994
(Expanded Senior Citizens
Act of 2010); see IRR, Rule
Atty. J. M. Marquez Page 28 of 33
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l)Employment of Drivers
& Conductors in the Public
Utility Transport Industry
(DOLE DO No. 118-12, S.
2012 dated January 13, 2012;
see SC 2018 En Banc Case
of Provincial Bus
Operators Association of
the Phils.; Employment
Agreement (Sec. 1, Rule II);
“Part Fixed & Part
Performance Based”
Compensation (Rule III);
Fixed Wage; Component;
Performance-Based;
Component; Hours of
Work; Overtime; Rest
Period
m) Employment of Talents
& Workers in the Movie &
Television Industry (DOLE
Labor Advisory No. 04, S.
2016, dated April 26, 2016)
n) Employment of Fishers
on Board Fishing Vessels
engaged in Commercial
Fishing Operation (DOLE
DO No. 156-16, S. 2016; see
D.O. No. 196, S. 2018,
Amending Sec. 1, Rule V &
Sec. 1, Rule VI of DO No.
156-16, dated July 27, 2018);
Responsibilities of Fishing
Atty. J. M. Marquez Page 29 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
o) Guidelines governing
the employment and
Working Conditions of
Health Personnel in the
Private Healthcare
Industry, dated Sept. 22,
2017 (DOLE D.O. No. 182,
S. 2017) Healthcare
Industry; Health Personnel
& Student-Trainees/Intern;
Apprentice; Resident
Physicians; Minimum
Benefits; Hours of Work;
Mean & rest Periods; Night
Work Schedules; Waiting
Time; Wage deductions;
Compressed Workweek
Schemes; Occupational
Safety & Health; Personal
Protective Equipment;
Atty. J. M. Marquez Page 30 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
p) Employment of
Telecommuting Employees
(RA11165, Telecommuting
Act, and DOLE D.o. No.
202, S. 2019, IRR,
published on April 24, 2019
Telecommuting; Alternative
Workplace; Telecommuting
Agreement & Stipulations;
Duties & Obligations of
Employer, and Rights of
Telecommuting Employees
and Obligations;
Telecommuting Program;
Resolution of Grievances
q)Employment of
Collectors in the Debt
Collection Industry (DOLE
DO No. 155-16, S. 2016;
Classification of
Employment; Partly Fixed
wage and Commission;
Minimum Benefits; Right to
Security of Tenure; Right to
Self-Organization;
Compensation Scheme: two
tiered wage; Social
Protection; Compliance &
Enforcement; see SEC
Memorandum Cir. No. 18,
S. 2019, Prohibition on
Unfair Debt Collection
Practices, published on
August 23, 2019
Bureau of Working
Conditions Occupational
Safety & Health Standards
(Arts. 162-165);
Relevant Rules:
a) DOLE D.O. No. 178, S.
2017, dated August 25, 2017
(Safety & Health Measures
for Workers who by Nature
of Their Work, Have to
Stand)
b) DOLE D.O. No. 184, S.
2017, dated October 18,
2017 (Safety & Health
Measures for Workers Who,
by the nature of their work,
have to spend long hours
sitting)
see also RA 11058
(Strengthening
Compliance With
Occupational Safety &
Health Standards &
Providing Penalties), also
DOLE D.O. No. 198, S.
2018
Define the scope 16. Migrant Workers & Recitation, Week Recitation,
and nature of Overseas Filipino Act of Reporting, 18-End Discussion &
overseas 1995, as Amended Lecture & Homework
employment (RA 8042 (Migrant Workers Discussion
and explain the and Overseas Filipino Act
rights and of 1995), as amended by RA
Atty. J. M. Marquez Page 32 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.
SUGGESTED REFERENCE/S:
Foz, The Labor Code of the Philippines & its Implementing Rules
Poquiz, Labor Standards Law With Notes & Comments
Prepared by: