Syllabus - Labor Standards 2020-21 1ST SEM

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University of San Carlos

College of Law
School of Law & Governance
Cebu City

Syllabus
in
Labor Standards Law
(A.Y. 2020-2021, 1st Semester.)

COURSE NO. : LLB 242N


COURSE TITLE : Labor Standards
CREDIT : Three (3) Units
PREREQUISITE COURSE: None
COURSE PROFESSOR : Atty. Jefferson M. Marquez

GENERAL COURSE DESCRIPTION:

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.

It includes a comprehensive discussion of the most recent pieces of labor


legislation including its implementing rules and regulations, and study of other special
labor-related laws, and more importantly, a full and complete learning of the rules of
procedure of the Department of Labor and Employment in labor inspection cases, and
the National Labor Relations Commission in the prosecution, adjudication and
enforcement of money claims and other labor standards.

COURSE OBJECTIVES:

a) To know the labor and employment laws in the Philippines applicable to


recruitment, hiring and employment including the worker’s wages,
benefits and labor standards.
b) To know the role and function of various agencies of governments
administering and enforcing labor and employment laws.
c) To understand the various labor and employment laws, principles and
jurisprudence that may be applicable to various types of employment.
d) To use and apply the various government rules of procedure in the
maintenance and enforcement of worker’s rights.
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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:

Scientia: A COMPETENT PROFESSIONAL


*Critical Thinker
*Lifelong learner
*Skilled Researcher
*Sound decision-maker
*Innovative Problem Solver
*Effective and articulate communicator

Virtus: A VIRTUOUS EXEMPLAR


*Incorruptible servant leader
*Ethical and values-driven practitioner

Devotio: A DEDICATED ADVOCATE


*Committed Peace-maker
*Culture Sensitive patriot
*Socially-engaged citizen
*Passionate worker for the marginalized

COURSE LEVEL LEARNING OUTCOMES: At the end of the semester, the students
are expected to be able to:

CLLO 1: Understand the concept and fundamentals of employment, and


explain its nature, scope and characteristics, and distinguish it from other contractual
relationships such as agency and independent contractorship.
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CLLO 3: Explain the prerogative of an employer in hiring employees,


including its restrictions, including its scope, and identify the wages and wage-related
benefits applicable to these workers, including the employer’s duties and obligations to
these workers.

CLLO 4: Identify and explain briefly the other labor-related employment


benefits under existing laws and other applicable special laws, rules and regulations.

CLLO 5: Provide able assistance to employees in the enforcement of their


rights.

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

CLASS STANDING COMPONENTS:

Oral/Online Examination
*Comprehension & Analytical Skills
*English Proficiency
*Confidence/Interaction

Written Examination
*Comprehension & Analytical Skills
*Legal Research & Citations
*English Proficiency/Writing Skill

Home Assignment/Case Digest


*Compliance & Submission

Specific Contents/Topics Suggested No. of Mode of


Objectives Method Week Evaluation/
Assessment
Identify the laws 1.Applicable Laws (P.D. Recitation, Week 1 Recitation,
applicable to 442, as amended); Concept Reporting, Written
employment in of Labor; Four (4) systems Lecture & Examination
the private of Labor; & Three (3) Fields Discussion & Home
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of the legal 2015 (Renumbering the


system. labor Code); Supreme Court
decisions (Art. 8, Civil
Code); Basis & Limitations
in the enactment of labor
laws;
Sources of labor laws;
Effectivity of labor laws,
rules & regulation (Art. 5;
Art. 2, Civil Code; E.0. 292);
Rule on the Implementation
and interpretation of labor
laws (Art. 4); see also Art.
1700 (Relation between
Capital and Labor), and
Arts. 1701 & 1702, Civil
Code; principle of non-
oppression; Tripartism in
decision and policy making
bodies of government (Art.
290 (275), as amended by
RA No. 10395); creation of
National Tripartite
Industrial Peace Council
(NTIPC) & the Tripartite
Industrial Peace Council at
the regional or industry
level (see DOLE DO No.
140-14, S. 2014); Oversight
Functions of NTIPC (e.g.
security industry; debt
collection industry, SeNa
IRR, etc.)

Explain the 2. Basic Principles Recitation, Week 1 Recitation,


concept of (Constitutional & Statutory Reporting, Written
employer- Rights of Workers; Aspects Lecture & Examination
employee of Labor Standards; Discussion & Home
relationship, Purpose/s & source/s; Assignment
and distinguish Offer of Employment &
it from other Perfection of Employment
contractual Contract; Contract of
relationship. Adhesion; Concept of
Employer/Employee &
Commencement of
Employer-Employee
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Principal & Agent; Principal


& Individual Independent
Contractor (Free Artisan);
Chief characteristics of
employee & individual
independent contractor;
Talents under DOLE Labor
Advisory No. 04, S. 2016,
dated April 26, 2016 on
Working Conditions in the
Movie & Television
Industry

Define the 3. Right to Hire (Nature: Recitation, Week 1- Recitation,


nature, scope Right or Prerogative?; Reporting, 2 Written
and prerogative Legal Limitations Lecture & Examination
of an employer /Prohibitions Prior to Discussion & Home
in hiring Hiring: Assignment
employees, and
enumerate the (a) Labor Code - Arts. 134
restrictions on (136), 137 (139) & 259 (248)
the prerogative.
(b); Special Laws: Secs. 12
& 14, RA 7610, as amended
by RA 7658 & RA 9231
(worst forms of child
Labor), DO No. 65-04, S.
2004 & DOLE DO No. 149,
S. 2016 (Guidelines in
Assessing and determining
Hazardous Work in the
Employment of Persons
Below 18 years of Age; (see
former D.O. No. 4, S. 1999
& DOLE Memo. Cir. No. 2,
S. 1998); RA 7877 (Anti-
Sexual Harassment Act; see
also RA 11313 (Safe Spaces
Act, approved on April 17,
2019); Sec. 35, RA No. 8504
(Phil. Aids Prevention &
Control Act of 1998); Sec.
32, Title 3, Chap. 1, RA 7277
(Magna Carta for Persons
with Disability), as
amended by RA 10524
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2000); RA 10354, Sec. 23 c


(Responsible Parenthood &
Reproductive Health Act of
2012); RA 10911 (Anti-Age
Discrimination in
Employment Act; see DOLE
D.O. No. 170, S. 2017, IRR);
see also RA 11036 (Mental
Health Act, non-
discriminatory provisions)
see also prohibited
discrimination under the
105-Day Expanded
Maternity Leave Law (RA
11210, published on
February 23, 2019 &
DOLE/CSC/SSS IRR dated
May 1, 2019, published on
May 3, 2019
(c) Others: Art. 1703, Civil
Code (Involuntary
Servitude); see also, Art.
272, Revised Penal Code
(Slavery); Art. 273
(Exploitation of child labor);
Art. 274 (services rendered
under compulsion in
payment of debts); & Art.
278 (Exploitation of
Minors); see also RA 9208
(Anti-Trafficking in Persons
Act of 2003; “Forced
Labor”); See First Time
Jobseekers Assistance Act,
approved on April 10, 2019
(RA 11261); and DOLE
Joint Memorandum
Circular No. 001, S.2019,
published on October 10,
2019

Explain the 4. Wages & Wage Fixing Recitation, Week 2- Recitation,


obligation of the (Wage & Salary; Concept Reporting, 3 Written
employer to (Art. 98) & Distinction/s; Lecture & Examination
compensate Principles of "Fair day's Discussion & Home
employees for Wage for a Fair day's Assignment
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involved in the Guidelines on the Conduct


fixing of of Facility Evaluation
employees’ (DOLE D.0. No. 126-13
wages, dated April 1, 2013);
including Worker's lien (Art. 1707,
resolution of Civil Code); Exemption of
wage distortion wages from execution or
issues. attachment (Art. 1708, Civil
Code); also Art. 1709, Civil
Code; Methods of Fixing
Compensation (Art. 98);
RA 6727 (Wage
Rationalization Act);
Policies of the State;
Government Agencies
involved; Composition;
Prohibition Against
Injunction (Art. 126, RA
6727); NWPC Guidelines
No. 001-95 (Revised Rules
of Procedure on Minimum
Wage-Fixing); Wage Order;
Basic Wage; Revised
Guidelines on the Conduct
of Time & Motion Studies
(DOLE D.0. No. 125-13
dated April 1, 2013);
Purpose of Minimum
Wage; Advantage &
Disadvantage; Employer’s
Right to a Living Wage vs.
Right of Employer to
Reasonable Return on
Investment; Power to issue
Wage Orders & Nature of
power; Two (2) methods in
determining wages; Appeal
Procedure; Principle of
Non-Diminution of Benefits
(Art. 127, RA 6727); Wage
Orders applicable in Cebu,
Mandaue & Lapu-Lapu
Cities; see Wage Order No.
ROVII-21, effective August
3, 2018); 2014 DOLE
Handbook on Worker’s
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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)

Identify the 4. A Violation of Wage Recitation, Week 2- Recitation,


nature and Order (Double Indemnity Reporting, 3 Written
extent of liability and Imprisonment (Sec. 12, Lecture & Examination
of an employer RA 6727, as amended by Discussion & Home
who fails to RA 8188); DOLE D.O. No. Assignment
comply with 10, S. 1998 (Guidelines on
existing wage the imposition of double
orders. indemnity for non-
compliance with the
prescribed increases or
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224); see NLRC En Banc


Resolutions 01-19
published on April 15, 2019

Compare and 5. Wage Enforcement & Recitation, Week 3- Recitation,


explain the two Recovery (Primary Reporting, 4 Written
enforcement Framework to Ensure Lecture & Examination
tools in the Compliance with Labor Discussion & Home
enforcement and Laws) (a) Visitorial & Assignment
recovery of Enforcement Power (Art.
wages, 128, as amended by RA
including the 7730); Jurisdictional
legal remedies requisites, Scope and
available. Limitation; see DOLE D.O.
No. 183, S. 2017 Revised
Rules on the
Administration &
Enforcement of Labor Laws
(Pursuant to Article 128),
published on November 5,
2017 (see former DOLE
D.O. No. 131-B, S. 2016,
Revised Rules on Labor
Law Compliance System)
and (b) Simple Money
Claims; Jurisdiction (Arts.
129 & 224 (217); 2011 NLRC
Rules of Procedure, as
amended; Appeal
Procedure & Legal
Remedies; Enforcement
Power on Health/Safety of
workers (Art. 128 (c)),
distinguish from Bona fide
suspension of operations
(Art. 301 (286);
DOLE/BWC’s
Occupational Health and
Safety Standards, as
amended; see also DOLE
Dept. Cir. No. 3, S. 2009,
Guidelines on the
Procedure for Closure of
Business under RA 9231,
dated October 22, 2009
Other Important Provisions:
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(Art. 128 (f); Sec. 6, 11 & 12,


Rule X, Omnibus Rules);
Identify the 6. Wage Protection Recitation, Week 3- Recitation,
various labor Provisions & Prohibitions Reporting, 4 Written
standard Regarding Wages (Non- Lecture & Examination
protections interference in disposal of Discussion & Home
extended to wages (Art. 112); DOLE Assignment
workers as Labor Advisory No. 11, S.
regards 2014 dated Sept. 3, 2014;
payment of their see also Art. 288, Revised
wages, and Penal Code;
explain the Wage Deduction (Arts. 113
exceptions & 114; see DO No. 195, S.
thereto. 2018, Amending Sec. 10,
Rule VII, IRR, dated July 27,
2018; see also Phil.
Cooperative Code of 2008
(RA 9520 amending RA
6938, Chap. V, Art, 58);
Deposits for Loss/Damage
(Art. 115);
Withholding/Kickbacks
(Art. 116); Deduction to
Ensure employment (Art.
117); Retaliatory Measures
(Art. 118); False Reporting
(Art. 119); Withholding of
Wages (Arts. 1705, 1706,
1707, 1708 and 1709, Civil
Code); Principle of "Non-
diminution of Benefits"
(Art. 100; Art. 127, Labor
Code)
Identify and 7. Payment of Wages Recitation, Week 4- Recitation,
explain the (Form: Legal Tender (Art. Reporting, 5 Written
form, place and 102) see also Art. 1705, Civil Lecture & Examination
payment of Code & Art. 288, Revised Discussion & Home
wages Penal Code; Exceptions; Assignment
authorized by Place (Art. 104); Exceptions;
law, and RA 6727-Payment Thru
applicable rules Banks; DOLE Labor
and regulations. Advisory on Payment of
Salaries Thru ATM, S. 1996;
Payee (Art. 105);
Exceptions;
Time/Frequency of
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Arrangement Time &


Interval of Payment of
Wages

Relate the 8. Conditions of Recitation, Week 5- Recitation,


minimum Employment (Hours of Reporting, 7 Written
conditions of work: Normal Hours of Lecture & Examination
employment Work (Art. 83); Discussion & Home
prescribed by Assignment
law, and various Other hours of work: (a)
rules and Children (RA 9231; DO No.
regulations, 65-04, S. 2004); and (b)
including hours Domestic Worker (RA
of work, and 10361, Domestic Workers
explain the Act or Batas Kasambahay);
scope and Hours Worked; Meaning
limitations (Art. 84); Keeping of Time
therein. Records: Entries, Executives
& Workers Paid by Results
(Rule X, Sec. 7, 9 & 10,
Omnibus Rules);
Rest Periods; Meal Period
(Art. 85); Shortened meal
period; “Coffee” Break;
Workweek: Normal &
Compressed (DOLE Dept.
Advisory No. 2, S. 2004);
DOLE Department
Advisory No. 2, S. 2009
(Guidelines on the
Adoption of Flexible Work
Arrangements); Health
Personnel (Art. 83), see
DOLE D.O. No. 182, S. 2017
(Guidelines governing the
employment and Working
Conditions of Health
Personnel in the Private
Healthcare Industry, dated
Sept. 22, 2017); Weekly Rest
day (Art.91); Methods of
Fixing Compensation (Art.
97 (f)); 2014 DOLE
Handbook on Worker's
Statutory Monetary Benefits
including Guidelines in the
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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)

Identify and 9. Minimum Labor Recitation, Week 8- Recitation,


define the Standard Benefits Reporting, 10 Written
minimum (Employees Exempt Lecture & Examination
employment Overtime Work (Art. 87): Discussion & Home
benefits Rule; Exceptions (Art. 89) Assignment
applicable, "Day"; Meaning; Actual
including the work; Undertime not offset
scope and by overtime (Art. 88);
exceptions. analogous cases; Premium
Pay; Concept; Overtime
Pay; Waiver of Overtime;
Rule; Exception; Service
Incentive Leave (Art. 95);
Holiday Pay (Art. 94);
Special Day & Regular
Holiday; Power to Fix
Holidays (E.O. No. 292,
Chap. 7, Sec.26, as
amended); Effect of
absences on holiday pay;
Effect of business closure on
holiday pay; holiday pay of
certain types of employees;
rule on successive regular
holidays; regular Muslim
holidays; Night Shift
Differential Pay (Art. 86);
Service Charges (Art. 96, as
amended by RA No. 11360,
effective on September 4,
2019 per DOLE Labor
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on November 26, 2019); see


DOLE Labor Advisory No.
14, S.2019, dated December
26, 2019, Distribution of
Collected Service Charges
in relation to Non-
Diminution of Benefits

Identify and 10. Other Special Benefits Recitation, Week


explain the other Reporting, 10-12
labor-related (a) 13th month pay (PD 851, Lecture &
benefits as amended); Discussion
provided by
existing special (b) Paternity Leave Act (RA
laws, including 8187) & Revised
their relevance Implementing Rules, S.
to employment. 1996;

(c) Domestic Adoption Act


of 1998 (RA 8552, Sec. 12;
IRR, Art. VI, Sec. 34);

(d) New Retirement Law


(Art. 302 (287), as amended
by RA 7641, RA 8558, and
further amended by RA
10757 (Surface Mine
Workers), and RA 10789,
adding new Art. 302-A,
(Racehorse Jockey); 1996
Labor Advisory on
Retirement Pay Law; Art.
132 (Special Occupations);

(e) Solo Parents Welfare Act


(RA 8972) & 2002 IRR;

(f) Anti-Violence Against


Women & Their Children's
Act of 2004 (RA 9262) & Sec.
42, Rule VI, IRR;
Magna Carta of Women
(RA 9710) & IRR (Phil
Commission on Women,
Board Res. No. 1. S. 2010);
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women employees in the


private sector);

(g) Expanded Breastfeeding


Promotion Act of 2009 (RA
10028, Sec. 12, see IRR
dated August 22, 2011 on
Employment of Nursing
Employees; Also DOLE DO
No. 143, S. 2015 (Guidelines
governing exemption of
establishments from setting
up workplace lactation
station)

(h) Drivers & Conductors in


the Public Utility Transport
Industry (DOLE DO No.
118-12, S. 2012 dated
January 13, 2012; NWPC
Guidelines No. 1, S. 2012,
Operational Guidelines on
DO No. 118-12, dated
February 27, 2012)
Maximum Overtime; Rest
Period

Describe the 11. Jurisdiction of the Week Recitation,


office of the Labor Arbiter (Art. 224 12 Written
arbitration (217); concurrent Examination
branch of the jurisdiction of other & Home
NLRC and its agencies: (a) Art. 129 Assignment
appellate (DOLE Reg. Director); (b)
jurisdiction in Arts. 274 (261) & 275 (262)
the adjudication (Voluntary Arbitrator); (c)
of money Art. 278 (263) (g) (DOLE
claims. Secretary.); see also
jurisdiction of regular
courts (RA 7691); labor
dispute (Art. 219 (212) (l)) &
civil dispute & intra-
corporate disputes
(Securities Regulation Code
(RA 8799))

Apply the 12. 2011 NLRC Rules of Recitation, Week Recitation,


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of money 2014, NLRC En Banc


claims, and Resolutions 01-17, 02-17, 08-
assist workers in 17, Series of 2017, NLRC En
the recovery of Banc Resolution No. 014-15,
their lawful NLRC En Banc Resolutions
claims. 02-18, 06-18, 08-18, 13-18,
14-18, all Series of 2018,
published on January 28,
2019 and NLRC En Banc
Resolutions 01-19 and 03-
19, S. 2019 both published
on April 15, 2019;
(compulsory arbitration;
distinguished from
voluntary arbitration;
agencies of government
exercising compulsory
arbitration: DOLE regional
offices (Arts. 128 & 129;
Arts. 268-269 (256-257);
DOLE Secretary, Bureau of
Labor Relations (Art. 232
(226), and National Labor
Relations Commission, and
its arbitration branches
(Art. 224 (217) & 225 (218)
(e)); see RA No. 10396
(Strengthening
Conciliation-Mediation as a
Voluntary Mode of Dispute
Settlement for All Labor
Cases, amending Art. 234
(228), Labor Code & IRR
under DOLE DO No. 151-
16, S. 2016 (see DOLE D.0.
No. 107-10, S. 2010
(Guidelines on the Single-
Entry Approach Prescribing
a 30 Day Mandatory
Conciliation-Mediation
Services for all Labor and
Employment Agencies) and
DOLE Rules of Procedure
Of the Single Entry
Approach, dated Feb. 25,
2011;
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non-forum shopping; venue


& jurisdiction (Arts. 129 &
Art. 224 (217); money
claims of OFW (RA 8042, as
amended by RA 9422 & RA
10022); service of summons;
natural & juridical
person/s; mode of service
of notices, resolution, order
or decision; raffle &
assignment of cases;
appearances of lawyers &
non-lawyers (Art. 228 (222);
PTR; IBP; MCLE;
permissible grounds to
dismiss complaint;
prohibited pleadings &
motions; mandatory
conciliation & mediation
conference; concept and
purpose; Other matters to
be threshed out; effect of
non-appearance of parties;
waiver of right to file
position paper & lifting of
order of waiver; when
allowed and under what
conditions; Compromise
before Regional Director
(Art. 233 (227) & Labor
Arbiter; (Art. 2028, Civil
Code), and judgment based
on compromise; res
judicata; Simultaneous
filing of position paper;
and contents of position
paper; reply position paper
& contents; period to file;
quantum of evidence &
burden of proof; technical
rules of procedure (Art. 227
(221); conduct of hearing or
clarificatory conference;
effect of non-appearance of
party; when case submitted
for decision; Inhibition;
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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
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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
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19, S. 1993)

a.2 Employment of Security


Guards & Other Private
Security Personnel (see
DOLE DO No. 150-16,
S.2016 (Revised Guidelines
Governing the Employment
and Working Conditions of
Security Guards and other
Private Security Personnel
in the Private Security
Industry); see DOLE Labor
Advisory No. 15, S. 2019
dated December 27, 2019,
Clarificatory Guidelines on
DOLE DO No. 150, S. 2016;
& RA 5498 (Private Security
Agency Law); see also
DOLE Labor Advisory No.
01, S. 2014 dated March 26,
2014 for Contracting
Arrangement Time &
Interval of Payment of
Wages

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
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Concept (Art. 111);


Attorney's fee; two (2)
concepts; Appearance and
fees (Art. 228 (222); see 2011
NLRC Rules of Procedure,
as amended; award of
attorney's fees: limitations
(Art. 2208, Civil Code)

Identify and 14. Miscellaneous Recitation, Week Recitation,


explain the Provisions Reporting, 15-17 Written
various types of Lecture & Examination
employment a. Special Types of Discussion & Home
engagements Workers Assignment
with their (apprentice, learner &
corresponding handicapped workers
protective labor (Arts.57-81); qualifications;
standards importance; nature;
provisions. qualified employers;
approval of DOLE;
incentives of employer;
duration; wage rates; hours
of work/overtime;
enforcement of agreement;
RA 7796 (TESDA ACT of
1994) & RA 7686 (Dual
Training System Act of
1994; see Revised Dual
Training System IRR,
published on March 15,
2019); RA 7277 (Magna
Carta for Disabled Persons,
as amended; Incentives of
Employer); See RA No.
108691 (JobStart Philippines
Act; JobStart Trainee;
JobStart Internship;
Qualifications; Daily
Training Allowance; Three
Phases of JobStart Training
Period (Life Skills Training;
Technical Training &
Internship); see also DOLE
D.O. No. 179, S. 2017 (IRR
of RA 108691) published
on December 22, 2017
Atty. J. M. Marquez Page 21 of 33
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for women (Art. 132); -


maternity leave benefits
(Art. 131 (133) see also
Social Security Act of 2018
(RA 11199, published on
February 19, 2019,
expressly repealing RA
1161 (Social Security Act of
1997) as amended by RA
8282); see also 105-Day
Expanded Maternity Leave
Law (RA 11210, published
on February 23, 2019 &
DOLE/CSC/SSS IRR dated
May 1, 2019, published on
May 3, 2019; see also
DOLE Dept. Advisory No.
01-19, dated July 9, 2019
(Guidelines on the
Computation of Salary
Differentials of Female
Workers During Maternity
Leave and Criteria for
Exemption); also DOLE
Department Advisory No.
01-A, S. 2019, Amending
DOLE Department
Advisory No. 01, S. 2019 on
tax treatment of salary
differential; family
planning services (Art. 132
(134); Prohibited
Discrimination (Art. 133
(135); also Art. 259 (248)
(Union membership);
Criminal liability;
Prohibited Acts (Art. 135
(137); women working in
nightclub, etc. (Art. 136
(138); Anti-Violence Against
Women & their Children’s
Act of 2004 (RA 9262);
Other special laws, e.g. RA
6727; RA 6955; RA 7192; RA
7322; RA 7877 & RA 8042;
Magna Carta of Women
Atty. J. M. Marquez Page 22 of 33
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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
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Children Against Child


Abuse, Exploitation and
Discrimination Act (RA No.
9231, amending RA 7610, as
amended); Child labor; D0
No. 65-04, S. 2004 (Worst
Forms of Child Labor);
Anti-Trafficking in Persons
Act of 2003 (RA 9208) on
"forced labor and slavery";
see also Revised Penal
Code: Art. 272 (Slavery);
Art. 273 (Exploitation of
child labor); Art. 274
(services rendered under
compulsion in payment of
debts); Art. 278
(Exploitation of Minors);
see also DOLE Dept.
Circular No. 2, S. 2017,
dated October 30, 2017
(Guidelines on the
Issuance of Work Permit
for Children Below 15
Years Old Engaged in
Public Entertainment or
Information; Coverage of
Working Child Permit;
Hours of Work; Individual
vs. group Permit; Validity
of permit; Requirements for
Issuance; Process of
Application; Orientation for
parents/Guardian & Role;
Employment of Spot Extras;

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
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domestic work; employer;


household; live-out
arrangement; deployment
expenses; private
employment agency;
working children;
employment contract;
renewal of contract; rights
of Kasambahay; minimum
wage (see Wage Order No.
ROVII-01, published on
March 29, 2017) mode of
payment; frequency of
payment; daily rest period;
weekly rest period; service
incentive leave; 13th month
pay; SS benefits; loan
assistance; deductions for
loans; standard of
treatment; board, lodging
and medical assistance;
privacy; access to outside
communication; education
and training opportunities;
membership in labor
organization; rights and
obligations of employer;
pay slip; registration and
enrollment to SSS,
Philhealth and Pag-Ibig;
withholding of wages;
interference in disposal of
wages; deductions for loss
or damage; deposit for loss;
privileged communication;
debt bondage; assignment
to non-household work;
extent of duty outside the
household; health and
safety; post-employment;
settlement of labor-related
disputes; see DOLE Labor
Advisory No. 10, S. 2018
(Entitlement of
Kasambahay to Other
Statutory Leave Benefits
Atty. J. M. Marquez Page 25 of 33
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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

2.Working Permits & Visas


See DOLE, DOJ, BI and
BIR Joint Guidelines No.
Atty. J. M. Marquez Page 26 of 33
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published on July 1, 2019;


also BI BID Operations
Order JHM-2019-008
(Implementing Rules on
SWP and PPW) published
on July 1, 2019, and BI BID
Operations Order JHM-
2019-009 (TIN in Visa and
Permit Applications
published on July 1, 2019);
see also DOLE D.O. No.
205, S. 2019, Guidelines on
Certificate of No Objection

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
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2019); see CHED Memo


Order No. 104, S. 2017,
dated December 28, 2017
(Revised Guidelines for
Student Internship
Program in the Philippines
for All Programs) expressly
repealing CHED Memo
Order No. 23. S. 2009
(Guidelines For Student
Internship Program in the
Philippines for all programs
with practicum subjects);
DOLE Labor Advisory No.
09, S. 2017 (Guidance to
Host Establishment In
Ensuring Safe Workplaces
for Senior High School
Students Under Work
Immersion Program),
expressly repealing DOLE
Labor Advisory No. 08, S.
2016 (Protection for Senior
High School Students on K
to 12 Work Immersion
Program)

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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A.Y. 2020-21, 1st Sem.

Carta For Persons with


Disability); Equal
Opportunity for
Employment; see DOLE
Labor Advisory No. 14,
S.2018, Entitlement of
Qualified Employees With
Disability to Labor
Standards and Other
Statutory Benefits

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
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A.Y. 2020-21, 1st Sem.

with Fishing Vessel Owner;


Minimum Age;
Employment Agreement;
Minimum Benefits; Meal
Breaks; Rest Period & Rest
Day; Compensation
Scheme; Two Tiered
Compensation; Payment of
Wages & Frequency;
Transparency in Fisher’s
Pay (payroll & Payslip);
Field Personnel;
Occupational Safety &
Health (personal protective
equipment; medical care;
food and potable water;
sleeping accommodation);
Termination of
Employment; Repatriation
of Fishers (death, illness;
arrest for illegal fishing);
Joint Venture & Industrial
Partnership (Fishers as
Industrial Partners;)
Compliance & Enforcement

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
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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

Identify and 15. Medical, Dental & Recitation, Week Recitation,


describe the Occupational Safety (Arts. Reporting, 17 Written
obligation of an 162-171 (156-165); Lecture & Examination
employer to its employment of Discussion & Home
workers as physician/nurse; full- Assignment
regards the time/part-time; Art. 167
latter’s health (161) (Assistance of
and safety in the Employer); Employee's
workplace. Compensation Act; ECC
Cir. No. 04-008, dated April
Atty. J. M. Marquez Page 31 of 33
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its liability; Proscription


against double recovery; see
civil liability of employer
(Arts. 1711-1712, Civil
Code);
“Going & Coming Rule” &
Proximity Rule;
“Bunkhouse Rule” (ECC
Board Res. 12-01-02)
“Personal Comfort
Doctrine” (ECC Board Res.
15-04-15);

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
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A.Y. 2020-21, 1st Sem.

DOLE DO No. 141-14, S.


2014 (Revised Rules &
Regulations Governing
Recruitment & Placement
for Local Employment); see
POEA Memorandum
Circular No. 08, S. 2018,
dated April 26, 2018,
published on May 11, 2018
Implementing Guidelines
on the Registration of
Direct-Hire Overseas
Filipino Workers (OFWS);
Policies on overseas
employment; see also
POEA Board Resolution
No. 07, S.2016 (Revised
POEA Rules & Regulations
Governing the Recruitment
and Employment of
LandBased Overseas
Workers); deployment by
local service contractor and
manning agencies;
government agencies
involved (DFA, DOLE,
POEA, OWWA (see RA No.
10801 & OWWA Res. No.
015, S. 2016 published on
March 8, 2017), LGU,
DOH); adjudicatory power;
recruitment and placement;
meaning; illegal
recruitment, when
committed in a large scale
and by a syndicate;
Ban on direct hiring (Art.
18; POEA Memo Cir. No. 4,
S. 2007 & POEA Memo Cir.
No. 1, S. 2008); travel
agencies; definition of
terms: contract worker,
name hire, manning
agency; placement fee;
migrant worker; gender
sensitivity; overseas
Atty. J. M. Marquez Page 33 of 33
Labor Standards/USC – LAW
A.Y. 2020-21, 1st Sem.

SUGGESTED TEXT BOOK/S:

Azucena, Vol. 1, The Labor Code With Comments & Cases

SUGGESTED REFERENCE/S:

Foz, The Labor Code of the Philippines & its Implementing Rules
Poquiz, Labor Standards Law With Notes & Comments

Prepared by:

Atty. Jefferson M. Marquez


07/08/2020

Jmm usb/syllabus labor standard 2020-21, 1st Sem

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