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LABOR STANDARDS
-Minimum terms and conditions of employment relating to
1. Wages
2. Hours of Work
3. Cost-of-Living allowance
4. Other monetary and welfare benefit

LABOR RELATIONS
Defines and regulates:
1. Status
2. Rights
3. Duties
4. Institutional Mechanism

CLASSIFICATION OF LABOR LAW

1. Labor Standards
2. Labor Relations
3. Social Legislation

SOURCES OF LABOR LAWS

1. Labor Code and other related special
legislation
2. Contract
3. Collective Bargaining Agreement
4. Past practices
5. Company policies

RIGHT OF AN EMPLOYER

1. Conduct Business
2. Prescribe Rules
3. Select and Hire employees
4. Transfer and Discharge employees
5. Return of Investment and expansion of business


LIMITATION OF MANAGEMENT PREROGATIVES

1. Law
2. Contract or CBA
3. General Principles of Fair Play and Justice


EXCEPTIONS TO THE APPLICABILITY OF THE LABOR CODE

1. Government EEs
2. EEs of govt corporations w/ original charter
3. Foreign Governments
4. International Agencies/ EEs of inter-governmental or
international organizations
5. Corporate officers
6. EEs of local water districts


KINDS OF LABOR DISPUTES

1. Labor standard disputes
a. Compensation
b. Benefits
c. Working Conditions
2. Labor relations disputes
a. Organizational right disputes/ULP
b. Representation disputes
c. Bargaining disputes
d. Contract administration or personnel policy
disputes.
e. Employment tenure disputes
3. Inter-union dispute
4. Intra-union dispute
5. Rights disputes
6. Interest disputes
7. Contractnegotiation disputes

GROUNDS FOR REVOCATION OF LICENSE

1. Incurring an accumulated 3 counts of suspension by an
agency(F&E ORDERS)
2. Violations of the conditions of license
3. Engaging in acts of misrepresentation for the purpose of
securing a license or renewal
4. Engaging in the recruitment or placement of workers to
jobs harmful to the public health or morality or to the dignity
of the country. (Sec. 3, Rule I, Book VI, Rules and Regulations Governing Overseas
Employment)

GROUNDS FOR SUSPENSION/CANCELLATION OF LICENSE

1. Prohibited acts under Art. 34

2. Publishing job announcements w/o POEAs approval

3. Charging a fee which may be in excess of the authorized
amount before a worker is employed

4. Deploying workers w/o processing through POEA

5. Recruitment in places outside its authorized area. (Sec. 4, Rule II,
Book IV, POEA Rules)







PERSONS PROHIBITED IN THE BUSINESS OF RECRUITING
MIGRANT WORKERS

1. Unlawful for any official or Ee of the:
a. DOLE
b. POEA
c. Overseas Workers Welfare Administration (OWWA)
d. DFA
e. Other govt agencies involved in the implementation of
this Act
2. Their relatives within the 4th civil degree of consanguinity
or affinity, to engage, directly or indirectly in the business of
recruiting migrant workers. (Sec. 8, R.A. 8042)

ELEMENTS OF ILLEGAL RECRUITMENT
1. Offender is a nonlicensee or nonholder of authority to
lawfully engage in the recruitment/placement of workers
2. Offender undertakes:
a. Any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and
includes referrals, contact services, promising or
advertising for employment, locally or abroad, whether
for profit or not (Art. 13[b]); or
b. Any of prohibited practices under Art. 34
PROHIBITED PRACTICES IN RECRUITMENT/PLACEMENT (Art.
34.)
1.Furnishing or publishing any false
notice/information/document related to
recruitment/employment
2. Failure to file reports required by SLE
This Reviewer is an Intellectual Property of Rofylyn Laureano Lagundino. PUP Law.
CAVEAT: This is originally meant to be a personal reviewer, but due to insistent public demand, the author is sharing
this to anyone who may benefit from it.

For any typo errors and possible mistakes, please feel free to refer to your own notes. Or contact the author @
moonspell_weaver@yahoo.com/09225543123

For I know the plans I have for
you, declares the LORD, plans to
prosper you and not to harm you,
plans to give you hope and a
future. Jeremiah 29:11
Rofylyn L. Lagundino
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3. Inducing or attempting to induce a worker already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
worker from oppressive terms and conditions
4. Recruitment/placement of workers in jobs harmful to
public health or morality or to the dignity of the country
5. Engaging directly or indirectly in the management of a
travel agency
6. Substituting or altering employment contracts without
approval of DOLE
7. Charging or accepting any amount greater than that
specified by DOLE or make a worker pay any amount
greater than actually received by him
8. Committing any act of misrepresentation to secure a
license or authority
9. Influencing or attempting to influence any person/entity
not to employ any worker who has not applied of
employment through his agency
10. Obstructing or attempting to obstruct inspection by SLE
or by his representatives
11. Withholding or denying travel documents from
applicant workers before departure for monetary
considerations other than authorized bylaw
12. Granting a loan to an OFW which will be used for
payment of legal and allowable placement fees
13. Refusing to condone or renegotiate a loan incurred by
an OFW after his employment contract has been
prematurely terminated through no fault of his or her
own
14. For a suspended recruitment/manning agency to
engage in any kind of recruitment activity including the
processing of pending workers' applications; and
15. For a recruitment/operating agency or a foreign
principal/ Er to pass on the OFW or deduct from his or
her salary the payment of the cost of insurance fees,
premium or other insurance related charges, as
provided under the compulsory worker's insurance
coverage
16. Imposing a compulsory and exclusive arrangement
whereby an OFW is required to:

a. Avail a loan only from specifically designated
institutions, entities or persons

b. To undergo health examinations only from
specifically designated medical, entities or persons,
except seafarers whose medical examination cost is
shouldered by the shipowner

c. To undergo training of any kind only from
designated institutions, entities or persons, except
for recommendatory trainings mandated by
principals/shipowners. (Sec. 6, R.A. 10022)

PRINCIPAL FUNCTIONS OF THE POEA
1. Protection of the right of Filipino workers to fair and
equitable employment practices
2. Regulation of private sector participation in the
recruitment and overseas placement of workers by
setting up a licensing and registration system
3. Deployment of Filipino workers through govt to govt
hiring
4. Formulation, implementation, and monitoring of
overseas employment of Filipino workers taking into
consideration their welfare and domestic manpower
requirements
5. Shall inform migrant workers not only of their rights as
workers but also of their rights as human beings,
instruct and guide the workers how to assert their
rights and provide the available mechanism to redress
violation of their rights. (Sec. 14, R.A. 10022)
6. Implementation, in partnership with other law
enforcement agencies, of an intensified program
against illegal recruitment activities. (Sec.14, R.A.
10022)

MINIMUM CONDITIONS/PROVISIONS OF OVERSEAS
EMPLOYMENT CONTRACTS
1. Guaranteed wages for regular hours and overtime, not
lower than the minimum wage prescribed in all of the
ff:
a. The host country
b. Bilateral agreements or international conventions
ratified by the host country and the Phils.
c. The Phils.
2. Free transportation to and from the worksite or
offsetting benefit
3. Free food and accommodation or offsetting benefit
4. Just/authorized causes of termination of the contract
or services of the worker
Note: An agreement that diminishes the Ees pay and benefits as contained
in a POEA-approved contract is void, unless such subsequent
agreement is approved by the POEA.

REGULATORY AND ADJUDICATORY FUNCTIONS OF POEA
1. Regulatory It regulates the private sector participation
in the recruitment and overseas placement of workers
through its licensing and registration system.
2. Adjudicatory
a. Administrative cases involving violations of licensing
rules and regulations and registration of recruitment
and employment agencies or entities
b. Disciplinary action cases and other special cases
which are administrative in character involving
employers, principals, contracting partners and Filipino
migrants

GROUNDS FOR DISCIPLINARY ACTION OF OFWs
Under R.A. 8042, these are:
1. Prostitution
2. Unjust refusal to depart for the worksite
3. Gunrunning or possession of deadly weapons
4. Vandalism or destroying company property
5. Violation of the laws and sacred practices of the host
country and unjustified breach of employment
contract
6. Embezzlement of funds of the company or fellow
worker entrusted for delivery to relatives in the Phils.
7. Creating trouble at the worksite or in the vessel
8. Gambling
9. Initiating or joining a strike or work stoppage where the
laws of the host country prohibits strikes or similar
actions
10. Commission of felony punishable by Phils. laws or by
the host country
11. Theft or robbery
12. Drunkenness
13. Drug addiction or possession or trafficking of prohibited
drugs
14. Desertion or abandonment

MATTERS OUTSIDE JURISDICTION OF THE POEA

1. Foreign judgments such claim must be brought
before regular courts. POEA is not a court; it is an
administrative agency, exercising adjudicatory or quasi-
judicial functions.

2. Torts falls under the provisions of the Civil Code.

FIELD PERSONNEL
A: They are:
1. Non-agricultural employees
2. Who regularly perform their duties
3. Away from the principal place of business or branch
office of the employer; and
4. whose actual hours of work in the field cannot be
determined with reasonable certainty.

3 GROUPS OF EEs UNDER THE LC
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1. Managerial EE
2. Supervisory Ee
3. RankandFile Ee (Art. 212*m+)

STANDARDS/CRITERIA FOR MINIMUM WAGE SETTING

a) The demand for living wages
b) Wage adjustment vis-a-vis the consumer price index
c) The cost of living and changes or increases therein
d) The needs of workers and their families
e) The need to induce industries to invest in the
countryside
f) Improvements in standards of living
g) The prevailing wage levels
h) Fair return of the capital invested and capacity to pay of
employers
i) Effects on employment generation and family income
j) The equitable distribution of income and wealth along
the imperatives of economic and social development

CONDITIONS FOR ENTITLEMENT OF PATERNITY
LEAVE
The male Ee is;
1. Legally married to, and is cohabiting with
the woman who delivers the baby
2. Ee of private or public sector;
3. Only for the first 4 deliveries of legitimate
spouse with whom he is cohabiting; and
4. Notify his Er of the pregnancy of his legitimate
spouse and the expected date of such delivery

CONDITIONS FOR ENTITLEMENT OF PARENTAL LEAVE
1. He or she must fall among those referred to as
solo parent
2. Must have the actual and physical custody of the child
or children
3. Must have at least rendered service of one year to
his or her employer
4. He or she must remain a solo parent


SOLO PARENT ENTITLED TO PARENTAL LEAVE

- Any individual who falls under any of the ff. categories:
1. A woman who gives birth as a result of rape and
other crimes against chastity even without a final
conviction of the offender, provided, That the
mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of
parenthood due to:
a. Death of spouse;
b. Detention or service of sentence of spouse for
a criminal conviction for at least 1 yr;
c. Physical and/or mental incapacity of spouse
d. Legal separation or de facto separation from
spouse for at least 1 yr as long as he/she is
entrusted with the custody of the children;
e. Nullity or annulment of marriage as decreed by
a court or by a church as long as he/she is
entrusted with the custody of the children;
f. Abandonment of spouse for at least 1 yr;
3. Unmarried mother/father has
preferred to keep and rear his or her
child/children instead of:
4. Any family member who assumes the
responsibility of head of family as a
result of the:
a. death,
b. abandonment,
c. disappearance or
d. prolonged absence of the parents
or solo parent.

FORM OF 13TH

MONTH PAY

- It is given in the form of:
1. Christmas Bonus
2. Midyear Bonus
3. Profit Sharing Scheme
4. Other Cash bonuses amounting to not less
than 1/12 of its basic salary
Note: It must always be in the form of a legal
tender.

is noncompliance by any of the parties pursuant to Art. 227
of the Labor Code (LC), as amended; and
10. Other cases as may be provided by law

FORMS OF APPEAL BOND
It shall either be in the form of
1. cash deposit
2. surety bond equivalent in amount to the monetary
award, exclusive of damages and attorney's fees. (Sec. 6,
Rule VI, NLRC 2005 Rules of Procedure)

SURETY BOND ISSUER
- It shall be issued by a reputable bonding
company duly accredited by the Commission or the
SC, and shall be accompanied by original or certified
true copies of:
1. A joint declaration under oath by the Er,
his counsel, and the bonding company,
attesting that the bond posted is genuine,
and shall be in effect until final disposition
of the case.
2. An indemnity agreement between the Er
appellant and bonding company;
3. Proof of security deposit or collateral
securing the bond: provided, that a check
shall not be considered as an acceptable
security;
4. A certificate of authority from the
Insurance Commission;
5. Certificate of registration from the SEC;
6. Certificate of authority to transact surety
business from the Office of the President;
7. Certificate of accreditation and authority
from the SC; and
8. A notarized board resolution or
secretary's certificate from the bonding
company showing its
authorized signatories and their specimen
signatures. (Sec. 6, Rule VI, NLRC 2005 Rules
of Procedure)