SYLLABUS FOR THE 2025 BAR EXAMINATIONS

LABOR LAW AND SOCIAL LEGISLATION

I. INTRODUCTION TO LABOR LAW: FUNDAMENTAL

PRINCIPLES/CONCEPTS

A. Legal Basis
1. International Documents
a. International Labor Organization Ratifications
2. 1987 Constitution
3. Civil Code ACOSTA, Krizmei
4. Labor Code Yvette
(A. 1-4 and B. 1-2)
B. Recruitment and Placement
1. Local employment and overseas employment; Republic Act (R.A.) No. 8042, as
amended by R.A. No. 10022; R.A. No. 10706, R.A. No. 11641
2. Revised Philippine Overseas Employment Administration (POEA) Rules and
regulations Governing the Recruitment and Employment of Land based Overseas
Filipino Workers
3. 2016 Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers
4. Parties
a. Worker
b. Migrant worker or Overseas Filipino Worker
c. Private Employment Agency ADONG, Azalea
d. Private Recruitment Entity Faith
e. License /Authority (B. 3-7)
5. Definition of recruitment and placement
6. Regulation of recruitment and placement activities a. See also POEA Charter
(Executive Order No. 247, series of 1987, as amended by R.A. No. 9422), Department
of Migrant Workers (DMW) Charter R.A. No. 11641
7. Regulatory authorities
8. Ban on direct hiring
9. Entities prohibited from recruiting
10. Suspension or cancellation of license or authority
11. Prohibited practices ALMANZA, Vikki
Noelle
C. Illegal Recruitment (B. 8-11 and C. 1-2)
1. Elements and Types
2. Illegal recruitment as distinguished from estafa

D. Liability of local recruitment agency and foreign employer

1. Solidary liability
2. Theory of imputed knowledge
BUYUCAN, Lee
E. Termination of contract of migrant worker Avek
(D. 1-2, E and F. 1)
F. Employment of non-resident aliens
1. Department Order No. 221-2021 (Revised Rules and Regulations for the Issuance of
Alien Employment Permits to Foreign Nationals)
 II. JURISDICTION & REMEDIES
See also Executive Order Nos. 126 & 251; Republic Act No. 9347

A. Jurisdiction
1. Reinstatement
2. Backwages
3. Damages and Attorney’s Fees CALAG, Prescilla
4. Separation Pay (A. 1-7)
5. Financial Assistance
6. Indemnity
7. Liability of Corporate Officers

B. Labor Arbiter, See also R.A. No. 8042

1. Jurisdiction of the Labor Arbiter as distinguished from the Regional Director
2. Requirements to perfect appeal to National Labor Relations Commission (NLRC),
2011 NLRC Rules of Procedure
CALAWA, Ghea
Lennette
C. NLRC (B. 1-2, C., D. and
E)
D. Court of Appeals

E. Supreme Court

F. Department of Labor and Employment (DOLE) Regional Directors

1. Jurisdiction
2. Recovery and adjudicatory power

G. DOLE Secretary
1. Jurisdiction
2. Visitorial and enforcement powers
a. Department Order No. 283-23 series of 2023 CALBONE, Leny
3. Power to suspend effects of termination (F. 1-2, G. 1-3, H. 1
a. Department Order No. 183 series of 2017 -2 and I. 1)

H. Voluntary Arbitrator
1. Jurisdiction
2. Remedies

I. Prescription of actions
1. Civil Code and Labor Code
 III. SOCIAL LEGISLATION

A. Social Security System Law - R.A. No. 11199

1. Coverage and exclusions
2. Dependents, Beneficiaries
3. Benefits
CASI, Nicolai
(A. 1-3 and B. 1-3)
B. Government Service Insurance System Law - R.A. No. 8291
1. Coverage and exclusions
2. Dependents, Beneficiaries
3. Benefits

C. Portability – R.A. No. 7699

D. Disability and Death Benefits

1. Labor Code, Article 198 COLLADO, Flor Rae
2. POEA Standard Employment Contract – Sec. 32 POEA Standard Employment Ann
Contract (C and D. 1-4)
3. Rules on referral to third doctor
4. Supplemental Guidelines on the Implementation of the Mental Health Policy and
Program in the Workplace, Labor Advisory No. 19, September 15, 2023

E. Management Prerogative
1. Occupational Qualifications
2. Productivity Standards COMILA, Eleign
3. Change of Working Hours Shwen
4. Transfer of Employees (E. 1-8)
5. Discipline of Employees
6. Grant of Bonuses and Other Benefits
7. Clearance Process
8. Post-Employment Restrictions
 IV. WORK RELATIONSHIPS

A. Employer-employee relations
1. Definition GAYON,
2. Department Order No.147-15, Sec. 3 Reginaldo
3. Tests (A. 1-6)
4. Burden of proving employer-employee relationship
5. Piercing the corporate veil
6. Cases involving Television broadcasters

B. Independent Contractor – Trilateral Relations; Labor Code; Department Order

No. 174, Executive Order No. 51, Department Circular 1 s. 2017
1. Trilateral relationship; requirements for independent contractor
2. Permissible contracting or subcontracting; not covered
3. Rights of contractor’s/subcontractor’s employees
4. Effect of termination of employment
5. Prohibited contracting – Labor-only contractor GONZALES,
6. Registration of contractor Charissa Claire
7. Other prohibitions (B. 1-10 and C)
8. Solidary liability
9. Retaliatory measures
10.Applicability/non-applicability

C. Independent Contractor – Bilateral Relations

 V. LABOR STANDARDS

A. Conditions of Employment
1. Hours of work
2. Flexible work arrangements, R.A. No. 11165
3. The Bunkhouse Rule
4. The Personal Comfort Doctrine a. Normal hours of work b. Night shift differential
5. Overtime work a. Compressed work week b. Built-in overtime
6. Non-compensable hours; when compensable LAD-EY, Jubileah
a. Meal break (A. 1-8)
b. Power interruptions or brownouts
c. Idle time
d. Travel time
e. Commuting time
f. Waiting time
7. Rest periods
8. Service charge – R.A. No. 11360, Department Order No. 242-24

B. Wages - Labor Code, Implementing Rules and Regulations (IRR), R.A. No.
6727, R.A. No. 9504, R.A. No. 9178
1. Definition, components, and exclusions
a. Wage vs. Salary
b. Bonus, 13th month
c. Holiday pay
i. Labor Code, Executive Order 203, IRR, R.A. No. 9492, R.A. No. 9849, R.A.
No. 10966
2. Principles
a. No work, no pay LAURETA,
b. Equal pay for equal work/Equal Pay for Work of Equal Value Justine Marie
c. Fair day’s wage for a fair day’s work (B. 1-6)
d. Non-diminution of benefits
3. Minimum wage
a. Payment of hours worked
b. Payment by results
4. Payment of wages
5. Prohibitions regarding wages
6. Wage determination - Labor Code, R.A. No. 6727, R.A. No. 8188, R.A. No. 9178,
Latest Wage Order from http://www.nwpc.dole.gov.ph/
a. Wage order
b. Wage distortion

C. Leaves
1. Labor Code
a. Service incentive leave
2. Special Laws
a. Parental leave for solo parents
b. R.A. No. 8972, as amended by R.A. No. 11861 LUDAES, Jeneva
c. Expanded maternity leave – R.A. No. 11210 (C. 1-2)
d. Paternity leave – R.A. No. 8187
e. Gynecological leave – R.A. No. 9710, Sec 18; Department Order No. 112-11;
CSC Resolution No. 1000432, November 22, 2010
f. Battered Woman Leave (VAWC Leave) – R.A. No. 9262
D. Working conditions for special workers
1. Apprentices and learners
a. The Dual Training System Act: R.A. No. 7686, R.A. No. 10869 or the Jobstart
LUNAG, Cherry
Philippines Act
Joy
b. R.A. No. 11230 or the Tulong-Trabaho Act
(D. 1-2)
2. Persons with disabilities
a. R.A. No. 7277 as amended by R.A. No. 9442, R.A. No. 10070 and R.A. No.
10524

E. Working Conditions for special groups of employees - Labor Code, IRR, R.A.
No. 10151, R.A. No. 7877, R.A. No. 9710, R.A. No. 7192, Social Security Act, R.A.
No. 11210, R.A. No. 8187, R.A. No. 10028 and implementing rules
1. Gender
a. Discrimination
b. Stipulation against marriage
c. Prohibited acts
d. Facilities for women
e. Women working in night clubs, etc.
2. Minors MAPALO,
a. R.A. No. 7610, as amended by R.A. No. 7658, R.A. No. 9231, Department Prince Jewel
Circular No. 2 Series of 2017 (Guidelines on the Issuance of Work Permit for Children Gene
Below 15 years of Age Engaged in Public Entertainment or Information, as amended by (E. 1-5 and F)
Department Circular No. 2 Series of 2018)
b. DOLE Department Advisory 01-08 Series of 2008
c. Department Order No. 149 series of 2016, Department Order No. 149-A (2017)
3. Night workers - R.A. No. 10151 (2011)
4. Kasambahays – R.A. No. 10361
5. Home workers

F. Sexual Harassment in the Work Environment, R.A. No. 7877; Safe Spaces Act,
R.A. No. 11313, Article IV
 VI. POST-EMPLOYMENT: KINDS OF EMPLOYMENT

A. Regular Employees

B. Casual Employees

C. Project Employees MOLINTAS, Armand

Jun
D. Fixed Term Employees (VI. A-F)

E. Seasonal Employees

F. Probationary Employees
 VII. TERMINATION BY EMPLOYER See also Department Order No. 147-15

A. Generally

B. Just Causes OTANES, Jasmaine

Angeli
C. Preventive Suspension (VII. A-D)

D. Constructive Dismissal vs. Demotions

E. Authorized Causes - Labor Code, Department Order No. 147-15

1. Retrenchment
2. Redundancy
3. Closure PADERES, Nicole
4. Disease (Labor Code, Article 299) Jade
5. Union Security Clause (E. 1-6)
6. Illegal Strike
a. Procedure - Labor Code, Department Order No. 147-15
b. Quitclaim
VIII. TERMINATION BY EMPLOYEE PAGADUAN, Nina Majica
 IX. RETIREMENT PUSOD, Mark
Republic Act No. 7641, Implementing Rules; Labor Advisory on Retirement Pay, Gibson
as amended by Republic Act No. 8558; Republic Act No. 10757
 X. LABOR RELATIONS

A. Right to Self-Organization
1. Government Corporations, 1987 Constitution; Labor Code, IRR, 2024 Rules and
Regulations Governing the Exercise of the Right of Government Employees to
Organize

B. Rights and Conditions of Membership

1. Admission and Discipline of Members
RAQUEL,
2. Election of Officers: Qualifications; Manner of Election; Tenure and Compensation
Christal
3. Major Policy Matter
(A. 1 and B. 1-9)
4. Union Funds
5. Payment of Attorney’s Fees
6. Requisites of Check-Off; Payment of Special Assessment
7. Mandatory Activity
8. Union Information
9. Enforcement and Remedies; Procedure, Jurisdiction, and Sanctions

C. Union Chartering/Affiliation: Local and Parent Union Relations

ROSANA,
D. Bargaining Unit Christian Karl
(C, D and E)
E. Bargaining Representative

F. Collective Bargaining and Administration

SUMBAD,
G. Unfair Labor Practice Anthony John
(F, G and H)
H. Peaceful Concerted Activities - Labor Code, R.A. No. 6727
 XI. JURISDICTION AND RELIEFS
Republic Act No. 10396, Department Order No. 151-16

A. NLRC; Labor Arbiters

TIMOTEO, Lalaine
B. NLRC Rules of Procedure (2011) (A, B. 1 and C)
1. Injunction

C. Bureau of Labor Relations

D. Inter/Intra Union Disputes and Other related Labor Relations Disputes

1. Voluntary Arbitration, Tripartite Voluntary Arbitration Advisory Council VALDEZ, Adrian
Jasper
E. National Conciliation Mediation Board (D. 1 and E. 1)
1. Labor Code, Articles 219(c), 26
 XII. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027

A. Challenges
VALEROS, Danielle
B. Four Guiding Principles Nicole
(XII. A-C)
C. Three Outcomes and Activities