Syllabus -ER EE 2nd Sem 2012-2013 TOPICAL GUIDE: PART 1: INTRODUCTION 9 hours 1.

Adam Smith and the Invisible Hand 2. Government regulation in the Philippines: PD 442 3. Classifications of labor laws 4. What labor laws encompass 5. Foundation of labor laws: Police Power 6. Aim, reason, justification for labor laws: Social Justice 7. Constitutional basis of social justice 8. Constitutional basis of labor laws 9. Balancing the interest of the employer and the employees 10. International Labor Organization 11. Construction in favor of labor 12. Existence of Employer-Employee relations A. Four-fold test B. Economic Reality Test C. Two-tiered test (Multi-factor test) 13. Kinds of Employment 14. Cases

PART 2: GENERAL PRINCIPLES 1. ART 4 LC, Construction in Favor of Labor 2. Management Prerogatives 3. No Work- No Pay principle 4. Last in, First Out (LIFO) Rule 5. One Union-One Company Policy 6. Equal Pay Equal Work Principle 7. Non-Diminution of Benefits

3 hours

PART 3: PRE-EMPLOYMENT 3 hours 1. Stages in the life of an employee 2. Pre-Employment A. Recruitment and Placement of workers B. R.A. No. 8042 The Migrant Workers and Overseas Filipino Act of 1995 C. Selective deployment of migrant workers D. R.A. 10222 (July 8, 2010)

PART 4: EMPLOYMENT OF ALIENS

3 hours

PART 5: WAGES 6 hours 1. CONCEPT: Wages and Salary 2. Form of payment 3. Time of Payment 4. Place of Payment 5. Liability of Indirect Employer for payment of wages 6. Prohibitions regarding wages

PART 6: CONDITIONS OF EMPLOYMENT 9 hours 1. Normal hours of work 2. Hours worked 3. Meal Periods 4. Night Shift Differential 5. Overtime Work 6. Undertime vis--vis Overtime : Compressed Work Week 7. Emergency Overtime Work 8. Weekly Rest Period 9. Holidays 10. Service Incentive Leaves 11. Service Charges PART 7: RIGHT TO SELF-ORGANIZATION 3 hours 1. Unions and other labor organizations: definition and classifications 2. Rationale for unionization 3. Who may unionize for purposes of collective bargaining 4. Salient point of R.A. 9481 5. Appropriate Bargaining Unit 6. Certification Election PART 8: COLLECTIVE BARGAINING AND NEGOTIATIONS 3 hours 1. Collective Bargaining and Collective Bargaining Agreement: Definition and Nature 2. Duty to Bargain Collectively 3. Mandatory Aspects of Bargaining 4. Refusal to Bargain 5. Strikes, Lockouts, Picketing, Etc. 6. Contents of CBA

PART 1. 2. 3.

9: UNFAIR LABOR PRACTICE Concept of ULP ULP of Employers ULP of Labor Organizations

3 hours

PART 10: TERMINATION OF EMPLOYMENT 1. Basic Principles 2. Causes: Just and Authorized 3. Due Process 4. Illegal Dismissal 5. Retirement 6. Remedies

6 hours

REFERENCES: Abad, Jr., Antonio H. (2011). (4th ed). Compendium on labor law. 4th ed. Manila: Rex. Azucena, Jr. A. C. (2010). (7th ed.). The labor code with comments and cases. Manila: Rex. Azucena, C.A., Jr. (2007). (5th ed.). Everyone's Labor Code. Manila:Rex. Rex case digest. (2006). Labor law and social legislation, legal ethics, mercantile law. Quezon City: Rex. Salao, Ernesto C. (2009). Law dictionary. Manila: Rex.