Notes On Labor
Notes On Labor
Notes On Labor
Chapter 1
Art. 2. Date of effectivity. This Code shall take
Video Lecture No. 1 (September 6, 2022) effect six (6) months after its promulgation.
Enacted From May 1, 1974.
Discussion on the new Labor Code the Amendment in Effectivity - November 1, 1974.
RA. 10151.
● Deletion of art 130 and 131. BAR question: What is Labor Legislation?
● New Chapter Ans. Consist of statutes, Laws, Rules and Regulation.
Added to it jurisprudence added by the SP. All about
Video Lecture No. 2 (September 6, 2022) the relation of labor and capital.
[The major source of labor law - Labor Code of the If there is any law that governs the relation between
philippines] labor and capital - labor legislation.
Labor Legislation consists of 2 parts Art. 3. Declaration of basic policy. The State shall
● Labor Standard- The minimum afford protection to labor, promote full employment,
requirements in working conditions- ensure equal work opportunities regardless of sex,
(wages, rates of pay night shift race or creed and regulate the relations between
differential, holiday pay and others). But workers and employers. The State shall assure the
there is no maximum requirement, it rights of workers to self-organization, collective
leaves to the agreement of the employer. bargaining, security of tenure, and just and humane
● Labor Relation- The relationship between conditions of work.
the employer and the individual individual (read and research more)
or and the whole of the employers in the
organization. Strikes on CBA Collective Art. 4. Construction in favor of labor. All doubts in
Bargaining agreement (activities of the implementation and interpretation of the
employees as a group against the provisions of this Code, including its implementing
employers). rules and regulations, shall be resolved in favor of
labor.
What is the basis or foundation of labor laws If the law is clear, it should not be interpreted
The supreme court says that Raison d'etre or in any other way it should be followed accordingly. But
the main reason for labor law is Social Justice. But sometimes there are conflicting decisions because of
in People vs, vera reyes, Supreme court says that the doubtful provisions, in labor law it shall be resolved in
basis or foundation of the neacted labor laws is the favor of labor. The reason is those who are less in life
police power of the state-( power of the state to must have more in law and in the case of abella vs.
promote order,safety, health, morals and general NLRC this is to enable the workers to avail of the
welfare in the society. benefits of labor law and regulation and to give
maximum in aid and protection
Balance in this law: In case of conflict, the The Department of labor and employment was
judge must not resolve the matter in favor of labor given by law (labor code) a quasi legislative powers so
agad2, there should be a balance. We must also that it can enforce and administer the provision of
protect the rights of the employer kay No employer the labor code pertaining to labor.
no laborer. chur Quasi legislative power- issue rules and
In the case Susito vs. aguinaldo dev corp. regulations.
Management also has its right which is entitled to Quasi Judicial power- mitigate, try and decide
protection such as the right to management of ROI labor cases
and rules of regulations.
Cases ;
Note: Steal a book daw. Major part hahahaha Rizal impar insurance group vz. NLRC. The rules
Review the Constitution about labor prov. and regulations issued by the DOL are not lost but
they have the force of law and must be afforded
Video Lecture No. 3 (September 7, 2022) great respect and must be complied in good faith.
CBTC employee union vs. Clave. The rules and
Art. 5. Rules and regulations. The Department of regulations issued by DOL to enforce and administer
Labor and other government agencies charged with labor laws must not be in conflict with the provision of
the administration and enforcement of this Code or the law itself otherwise it becomes ultra vires,
any of its parts shall promulgate the necessary beyond one's legal power or authority.
implementing rules and regulations. Such rules and Study law on regular holiday pay.
regulations shall become effective fifteen (15) days
after announcement of their adoption in newspapers
of general circulation.
General law on labor law law, the distinction only applies to those government
● no work no pay (pistol haha) owned or controlled employees which GOCC was
● if illegally terminated you are entitled to created under the general law of the corporation.
back wages. (Ay kani)
Chapter 2
Art. 6. Applicability. All rights and benefits granted EMANCIPATION OF TENANTS
to workers under this Code shall, except as may Video Lecture No. 3 (September 7, 2022)
otherwise be provided herein, apply alike to all …..When Cory took over, RA 6657 CAR-
workers, whether agricultural or non-agricultural. (As Comprehensive Agrarian Reform Law, 1988, Art 7
amended by Presidential Decree No. 570-A, November to 11 superseded by RA 6657 CAR. (study CAR)
1, 1974) broom2 skkrrtt skkrtt.
crime. Any violation of the labor code will entail a is for presumption of evidence only.
b. "Recruitment and placement" refers to any act and put it in their office to publicize.
(exemption)
BLE- Bureau on Local Government
-Private sector can participate in the recruitment and
BOEA-Bureau on oversees employment
placement, as long as it has a permit to do so.
- POEA (current)
- OFW must remit part of their income,
Art. 21. Foreign service role and participation. To para maka kaon pa ang mga gipangbiyaan
provide ample protection to Filipino workers abroad, the kay nangabit ang ofw, hahahha.
labor attaches, the labor reporting officers duly - The REAL Reason is the more dollars we
designated by the Secretary of Labor and the Philippine have in the ph, Mas datu ta hahahaha.
comprehensive employment program, the private
Art. 23. Composition of the Boards employment sector shall participate in the recruitment
❖ No longer available. and placement of workers, locally and overseas, under
❖ POEA already. such guidelines, rules and regulations as may be issued
❖ Search for the functions of POEA by the Secretary of Labor.
-
Art. 24. Boards to issue rules and collect fees. The
Boards shall issue appropriate rules and regulations to Art. 26. Travel agencies are prohibited to recruit.
carry out their functions. They shall have the power to Travel agencies and sales agencies of airline companies
impose and collect fees from employers concerned, are prohibited from engaging in the business of
which shall be deposited in the respective accounts of recruitment and placement of workers for overseas
said Boards and be used by them exclusively to promote employment whether for profit or not.
their objectives.
❖ Has quasi legislative powers- POEA (research) Art. 27. Citizenship requirement. Only Filipino citizens
or corporations, partnerships or entities at least
seventy-five percent (75%) of the authorized and voting
Video Lecture No. 6 capital stock of which is owned and controlled by
Chapter 2 Filipino citizens shall be permitted to participate in the
REGULATION OF RECRUITMENT AND recruitment and placement of workers, locally or
PLACEMENT ACTIVITIES overseas.
- Must be filipino controlled (research)
Art. 25. Private sector participation in the recruitment
and placement of workers. Pursuant to national Art. 28. Capitalization. All applicants for authority to
development objectives and in order to harness and hire or renewal of license to recruit are required to
maximize the use of private sector resources and have such substantial capitalization as determined by
initiative in the development and implementation of a the Secretary of Labor.
❖ Substantial capitalization- provided by the gov. prescribed recruitment procedures, rules and
Thru DOLE regulations, and terms and conditions of employment as
❖ Minimum capitalization - 200k single may be appropriate.
Art. 29. Non-transferability of license or authority. No Art. 32. Fees to be paid by workers. Any person
license or authority shall be used directly or indirectly applying with a private fee-charging employment agency
by any person other than the one in whose favor it was for employment assistance shall not be charged any fee
issued or at any place other than that stated in the until he has obtained employment through its efforts or
license or authority be transferred, conveyed or has actually commenced employment. Such fee shall be
assigned to any other person or entity. Any transfer of always covered with the appropriate receipt clearly
business address, appointment or designation of any showing the amount paid. The Secretary of Labor shall
additional offices anywhere shall be subject to the prior ❖ The private fee charging recruitment and
approval of the Department of Labor. placement agencies shall not charge any fees
❖ License is not transferable. until the recruited person shall obtain
employment through their efforts.
Art. 30. Registration fees. The Secretary of Labor ❖ Note: RULE 5 sec. 1 and 3 POEA implementation
shall promulgate a schedule of fees for the registration ❖ RULE 8 rules and reg. governing private
of all applicants for license or authority. recruitment and placement agencies for local
❖ Read employment
Art. 33. Reports on employment status. Whenever the
Art. 31. Bonds. All applicants for license or authority public interest requires, the Secretary of Labor may
shall post such cash and surety bonds as determined by direct all persons or entities within the coverage of this
the Secretary of Labor to guarantee compliance with Title to submit a report on the status of employment,
including job vacancies, details of job requisitions, f. To engage in the recruitment or placement of workers in jobs
separation from jobs, wages, other terms and conditions harmful to public health or morality or to the dignity of the
and other employment data. Republic of the Philippines;
❖ All fee charging agencies must make a periodic g. To obstruct or attempt to obstruct inspection by the Secretary
report on the status of the employment of the of Labor or by his duly authorized representatives;
h. To fail to file reports on the status of employment, placement
recruited person.
vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as
Art. 34. Prohibited practices. It shall be unlawful for
may be required by the Secretary of Labor.
any individual, entity, licensee, or holder of authority:
i. To substitute or alter employment contracts approved and
❖ a. To charge or accept, directly or indirectly, any amount greater
verified by the Department of Labor from the time of actual
than that specified in the schedule of allowable fees prescribed by
signing thereof by the parties up to and including the periods of
the Secretary of Labor, or to make a worker pay any amount
expiration of the same without the approval of the Secretary of
greater than that actually received by him as a loan or advance;
Labor;
b. To furnish or publish any false notice or information or
j. To become an officer or member of the Board of any corporation
document in relation to recruitment or employment;
engaged in travel agency or to be engaged directly or indirectly in
c. To give any false notice, testimony, information or document or
the management of a travel agency; and
commit any act of misrepresentation for the purpose of securing a
k. To withhold or deny travel documents from applicant workers
license or authority under this Code.
before departure for monetary or financial considerations other
d. To induce or attempt to induce a worker already employed to quit
than those authorized under this Code and its implementing rules
his employment in order to offer him to another unless the
and regulations.
transfer is designed to liberate the worker from oppressive terms
and conditions of employment;
❖ Penal in nature - Art, 38 talks about illegal
e. To influence or to attempt to influence any person or entity not
to employ any worker who has not applied for employment through recruitment, Any recruitment activities,
his agency; including the prohibited practices enumerated
under Article 34 of this Code, to be undertaken
by non-licensees or non-holders of authority, Art. 37. Visitorial Power. The Secretary of Labor or
shall be deemed illegal and punishable under his duly authorized representatives may, at any time,
Article 39 of this Code. inspect the premises, books of accounts and records of
Art. 35. Suspension and/or cancellation of license or any person or entity covered by this Title, require it to
authority. The Minister of Labor shall have the power submit reports regularly on prescribed forms, and act
to suspend or cancel any license or authority to recruit on violation of any provisions of this Title.
employees for overseas employment for violation of ❖ Includes the power to inspect not just the
rules and regulations issued by the Ministry of Labor, vicinity but also the books or the accounts, as
the Overseas Employment Development Board, or for far as the recruitment of the applicants is
violation of the provisions of this and other applicable concerned.
laws, General Orders and Letters of Instructions.
❖ Read Video Lecture No. 7
❖ ❖ Submit periodically.
Art. 39. Penalties.
❖ Read
- The exception is the Doctrine of political Learners may be employed when no experienced
workers are available, the employment of learners is
agency. (go to court)
necessary to prevent curtailment of employment
- .
opportunities, and the employment does not create unfair
Art. 69. Responsibility for theoretical instruction
competition in terms of labor costs or impair or lower
Art. 70. Voluntary organization of apprenticeship
working standards.
programs; exemptions.
Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES