[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

Labor Standard law is that part of labor

legislation which establishes the minimum floor
of rights that an employee is entitled to when
he is engaged by an Employer in an Er-Ee
relationship.
So you cannot agree on something
lower but you can agree on something higher.
Keep that in mind because sometimes the Er
will agree to something higher than the law
provides and then he can no longer go lower.
Why is that? Because Company policies that are
duly published orally or in writing also become a
source of right.
If there is a conflict between what has
been published and what is actually practiced,
what prevails? Answer: Whichever is favourable
to the employee.
Compromise. When it is a subject of an
agreement, it can never be waived except in
order to receive something higher than the
standard. But when it becomes a money claim
because it is litigated, it can be subject to
compromise.
WORKING CONDITIONS AND REST PERIODS
ARTICLE 82
Provisions of this title shall apply to employees
in all establishments, whether for profit or not,
EXCEPT:
1. Government Employees
Ex: workers of PAGCOR are not
covered because they are GOCCs
with original charter.
Limited Portability Law (applies
to govt employees? Not sure)
The charter test can only be
applied prospectively, it cannot be
applied retroactively.
Case:
Phil Society for the prevention of
cruelty to animals vs COA: NOT A
GOCC, it is a private corporation.
Charter test was applied.
Phil. Veterans Federation: has an
original charter.

Gordon case:
PNRC is neither
a GOCC or a private corporation.
BSP vs NLRC: CSC has jurisdiction. It
is a GOCC with original charter.
2. Managerial Employees
What should be their duties?
a. To lay down policy
b. To
manage
the
entire
establishment, department or
subdivision thereof
c. To hire, fire other Ees of lower
rank
d. To assign them
What
is
the
common
denominator? The exercise of
independent judgment.
3. Field Personnel
a. Non-agricultural
b. Perform their work away from
the
principal
office
or
workplace;
c. Hours of work cannot be
determined with reasonable
certainty
4. Members of the family of the
employer who are dependent on
him for support
5. Domestic helpers and Persons in
the personal service of another
Kasambahay is not covered because
the relationship antedates Er-Ee
relationship.
6. Workers who are paid by result
2 kinds of Pakyaw workers:
a. Piece-rate basis
-the output of their work is
uniform and so they are paid on
a per piece basis. They are NOT
given any particular or length of
time to work.
(So if you are given a problem
and there is a time constraint,

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

e.g. you have to appear at this

time or finish work at this time,
They are NOT piece rate
workers but are time workers.)
b. Task basis
7. Retail and service establishments
with NOT MORE THAN 5
employees
They are not entitled to one labor
standard benefit. What is that?
Night Shift Differential.
What is the difference between retail and a
service establishment?
Yung bar question about the oyster
soup containing a pearl. Who owns the pearl?
The customer or the restaurant?
Answer:
It
depends.
If
the
establishment is a service establishment, that is
a restaurant, the customer does not have a
right to the pearl because he just buys
nutritional satisfaction.
Now, if you are a retail establishment, a
restaurant can also be a retail establishment if
you allow take-outs, then the customer has a
better right to the pearl because it is not only a
service establishment, it is also a retail
establishment.
What is the difference between a retail and
wholesale establishment?
A wholesale establishment is one that
sells to customers, who in turn sells what they
have bought. That is a wholesaler. A retail
establishment is one that sells to customers
who consume what they purchase.
What happens if you are both wholesale and
retail? You are classified as retail establishment.

Four fold test in determining the existence of

Ee-Er relationship:
a. The selection and engagement of the
employee;
b. Payment of wages;
c. Power of dismissal; and

d. Power to control (the most important

element)
-

In the absence of the power to control

the employee with respect to the
means and methods by which his work
was to be accomplished, there is no ErEe relationship between the parties
(Continental Marble case)

Not every form of control has the effect

of establishing Er-Ee relationship. A line
should be drawn between:
1. Rules that merely serves as
guidelines, which only promote the
result and
2.
rules
that
fix
the
methodology and bind or restrict the
party hired to the use of such means or
methods.
The 2nd kind creates the Er-Ee
relationship. (Insular Case)

A truck driver who, in the entire course of his

employment did not have the freedom to
determine where he would go, what he would
do and how he would do it, was an employee.
A labor union or even an unregistered
association may be considered an Er of the
persons working for it.
CONTRACT NOT CONTROLLING.
It cannot say that the employee is an
independent contractor when the terms of
the agreement clearly show otherwise.
Employment status is defined by law and not by
the parties.
BASIS OF PAY.
Kind of compensation agreement does
not decide whether a worker is an employee or
not.
A handicraft worker paid under
pakyaw basis may be classified as an
employee (Dy Keh Beng Case)
CONTRACTOR

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

If the hirer does not control the work

performance of the hiree, then the latter
perhaps is a contractor.
An employee is covered by the LC, the
Contractor is not.
But if the contractor hires other
workers to do the job, they are his employees
and NOT those of the principal.
COMMISSION AGENTS
They are not employees if they are not
required to report at any time; they do not have
to devote their time exclusively to work solely
for petitioner; the time they spend in their work
depends on their own will; they shoulder their
own selling expenses as well as transportation;
and they are paid their commission based on
the percentage of their sale.
EXCLUDED EMPLOYEES
A supervisor is part of the managerial
staff and therefore NOT ENTITLED to overtime
pay and other benefits.
Where the usage of work hours is
constantly checked by supervisors, the worker is
not a field personnel as in the case of passenger
bus drivers and conductors whose work time is
checked by dispatchers and inspectors.
Also excluded are workers paid by
result. Their pay is dependent on unit of
product finished or work completed and not on
time spent in working.
Also excluded are Government
employees. BUT.. employees of GOCC which
are INCORPORATED UNDER THE CORPORATION
CODE are covered by the Labor Code!!
ARTICLE 83. NORMAL HOURS OF WORK
Shall not exceed 8 hours a day
Health Personnel in cities or
municipalities with a population of at least
1million or in hospitals with a bed capacity of at
least 100= 8 hours/day, 5days/wk, except
where the exigencies of the service require that
such personnel work for 6days or 48hrs. in such
case, they shall be entitled to an additional
compensation of at least 30% of their regular
wage for work on the 6th day.

So, health personnel working:

(a) In cities of at least 1 million
population; or
(b) In health institutions with at least
100 bed capacity.
They are entitled to a shorter
workweek.
HEALTH PERSONNEL
The 40-hour workweek will not apply if
there is a training agreement between the
resident physician and the hospital, and the
training program is duly accredited. In such
case, there is no Er-Ee relationship on account
of the approved training program.
RA 5901 already repealed. Hospital
personnel are NO LONGER entitled to 7 days
pay for a workweek of 5 days.

ARTICLE 84. HOURS WORKED

Rest periods of short duration during
working hours shall be counted as hours
worked.
Waiting time spent by an employee is
considered working time if waiting is an integral
part of his work.
Similarly, the time spent by the driver of
a delivery truck in getting the vehicle from and
returning it to the company bidega is deemed
time worked.
ARTICLE 85. MEAL PERIODS
Meal periods should NOT BE LESS THAN
60 minutes.
IRR allows the mealtime to be less than
60 minutes but such shortened meal time (say,
30 minutes) should be with full pay.
If the so-called meal time is less than 20
minutes, it becomes only a rest period and is
considered work time.
You are entitled to 1 hour meal period with
certain exceptions. What are the exceptions?
(a) If you are 3-shift basis;
(b) Your work is such that it is non-manual in
nature. You cannot leave your post.

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

What is the rule when you cannot be given a 1hour meal period? You can consume your
meals at your post and you should be free to do
that in 20 minutes and that is compensable
working time.
What are the industries or works that you
cannot be exempted from the meal period? If
the work is heavily manual in nature. For
example, in construction (panday or mason ka),
you cannot be forced to finish your work before
you can eat, Dili na mahimo, your work is
manual in nature.
ARTICLE 86. NIGHT SHIFT DIFFERENTIAL
Every employee shall be paid a night
shift differential of not less than 10% of his
regular wage for each hour of work performed
between 10pm-6am.
If the work done bet 10pm-6am is
overtime work, then the 10% night shift
differential should be based on his overtime
rate.

It would result in undue deprivation of

the employees extra pay for overtime work.
As a rule, the right to OT pay cannot be
waived. But when the alleged waiver of
overtime pay is in consideration of benefits and
privileges which may even exceed the overtime
pay, the waiver may be permitted.
Compressed work week- example of a
valid waiver. Instead of working 6 days/wk, the
employees will be working only for 5days, but
each workday exceeds 8 hours. They waive their
OT pay because in return, they will no longer
incur transport and other expenses on a sixth
day.

ARTICLE 87. OVERTIME WORK

Additional compensation is equivalent
to his regular wage + at least 25% thereof.
Work performed beyond 8 hours on a
holiday or rest day shall be paid an additional
compensation equivalent to the rate of the 1st 8
hours on a holiday or rest day + at least 30%
thereof.
-It is permissible for the employer to
stipulate that the employees monthly salary
constitute payment for all the days of the
month, including rest days and holidays, where
the employees monthly salary, when converted
by the increased divisor into its daily equivalent,
would still meet minimum wage.

ARTICLE 89. EMERGENCY OVERTIME WORK

a. When the country is at war or
when any other national or local
emergency has been declared by
the National Assembly or the Chirf
executive;
b. When it is necessary to prevent
loss of life or property or in case of
imminent danger to public safety
due to an actual or impending
emergency in the locality caused by
serious accidents, fire, flood,
typhoon, earthquake, epidemic or
other disaster or calamity;
c. When there is urgent work to be
performed
on
machines,
installations, or equipment, in order
to avoid serious loss or damage to
the employer or some other cause
of similar nature;
d. When the work is necessary to
prevent loss or damage to
perishable goods; and
e. Where
the
completion
or
continuation of the work started
before the 8th hour is necessary to
prevent serious obstruction or
prejudice to the business or
operations of the employer.

ARTICLE 88. UNDERTIME NOT OFFSET BY

OVERTIME

Can you remember the case of Reotan

vs. National Rice? What is the policy? No
overtime work unless there is prior permission

Remember, it is not less than 10%. The

minimum NSD is 10% of the straight time pay.

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

from the general manager. The tractor broke

down. Unsaon man na nimo? Dili man na nimo
matulod, suwayi gani. Ayuhon gyud na nimo kay
dili man nimo na pwede byaan. So they
(workers) fixed it, alas nuwebe na sila sa gabii
nahuman. At the end of the week, they asked
for an overtime pay. What did the management
say? No OT because there was no prior
approval. Is that correct? The SC said that the
company policy was amended by the
authoritative command of the supervisor to
engage in overtime. That was amended by
practice! Since the employer benefited from the
work, therefore OT pay is owing to the workers
who actually rendered OT work.
What is the significance of knowing your
working day? That is your parameter to
determine WON you are entitled to OT pay. If
you are made to work in excess of 8 hours
during that 24-hour period, then you are
entitled to OT pay. That is very important
because our regime of counting OT is different
from the Fair Labor Standards Act of the US. In
the US, flexitime hours is allowed, in the
Philippines the DOLE allows it but if it is
challenged I dont think it would survive the
challenge.
The flexitime is a compressed
workweek basis, pwede ka magwork 4 days a
week pero 10 hours each day, is that valid? I
dont think it would survive a legal challenge
because there is this explicit prohibition that
you cannot offset undertime with overtime.
ARTICLE 90. COMPUTATION OF ADDITIONAL
COMPENSATION
Refers to regular wage that includes
the cash wage only. But it adds: without
deduction on account of facilities provided by
the employer.
Value of facilities (such as board and
lodging) cannot be excluded before computing
the OT rate.
CHAPTER II
WEEKLY REST PERIODS

How many times do you have a rest period?

(a) Ordinary, non-manual you have 2 rest
periods. In the morning, you have 1 rest period
of 5-20 minutes. In the afternoon, you have
another 5-20 minute break. That is
compensable.
(b) Establishment with a 3-shift the whole 24
hours you are covered with work, there is no
rest or meal periods because the essence of
their production requires a 24- hour continuous
work.
ARTICLE 91. RIGHT TO WEEKLY REST DAY
a. It shall be the duty of every Er,
whether for profit or not, to provide
each of his Ees a rest period of not
less than 24 consecutive hours after
every 6 normal work days
b. The Er shall determine the weekly
rest day subject to CBA. However,
the Er shall respect the preference
of employees as to their weekly rest
day when such preference is based
on religious grounds.
ARTICLE 92. WHEN EMPLOYER MAY REQUIRE
WORK ON A REST DAY
a. In case of actual or impending
emergencies caused by serious
accidents, fire, flood, typhoon,
earthquake, epidemic or other
disaster or calamity to prevent loss
of life and property, or imminent
danger to public safety;
b. In cases of urgent work to be
performed on the machinery,
equipment, or installation, to avoid
serious loss which the employer
would otherwise suffer;
c. In the event of abnormal pressure
of
work
due
to
special
circumstances, where the employer
cannot ordinarily be expected to
resort to other measures;
d. To prevent loss or damage to
perishable goods;
e. Where the nature of the work
requires continuous operations and

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

f.

the stoppage of work may result in

irreparable injury or loss to the
employer; and
Under analogous circumstances

Now, is there such a thing as agreed

mandatory overtime work? Pre-arranged
Agreed Mandatory Overtime Work. Yes, there
is such a thing. That is what is discussed in IBM
vs. NLRC. IBM is Ilaw at Buklod ng Manggagawa
sa San Miguel Corporation. They agreed to 10
hours of work every day. That is agreed in their
CBA, it has been ratified and has been the
practice for 2 years. SC says, you are engaged in
an unauthorized ***, you cannot be on a prearranged OT provided your pay reflects the OT.

ARTICLE 93. COMPENSATION FOR REST DAY,

SUNDAY OR HOLIDAY WORK
a. Rest day- additional compensation
of at least 30% of his regular wage.
b. Nature of the work has no regular
workdays and no regular rest daysadditional compensation of at least
30% for work performed on
Sundays and holidays
c. Special holiday- still 30%. BUT
where such holiday falls on the Ees
scheduled rest day, 50%
d. When CBA stipulates the payment
of a higher premium pay.
CHAPTER III HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
ARTICLE 94. RIGHT TO HOLIDAY PAY
a. Every worker shall be paid his daily
regular wage during regular
holidays, except in retail and service
establishments regularly employing
less than 10 workers;
b. Er may require an Ee to work on
any holiday but such Ee shall be
paid a compensation equivalent to
TWICE his regular rate

The fact that an employee is monthlysalaried does not by itself exclude him from
entitlement to holiday pay.
San Miguel Corpo vs. Court of Appeals, a 2002
case, the issue is WON only Muslims should
enjoy the holidays in the designated provinces
and cities so that Christians there are not
entitled to the holiday pay on the Muslim
holiday. Is that correct? The SC said NO. In
much the same passion as the Muslims in Nonmuslim areas are entitled to the so-called
Christian holidays. Like Holy Thursday, holy
Friday. So that is the ruling.
Double Holiday; Holiday-Sunday
Ex: April 9 (Araw ng Kagitingan and
Maundy Thursday), an employee should receive
at least 200% of his basic wage even if he did
not work on that day, provided, he was present
or on leave with pay on the preceding
Wednesday, IF HE WORKED, 300%.
ECOLA on a legal holiday
WON the employee works on a legal
holiday, he is entitled to his regular wage that
includes ECOLA.

ARTICLE 95. RIGHT TO SERVICE INCENTIVE

LEAVE
a. An employee who has rendered at
least 1 year of service shall be
entitled to a yearly service incentive
of 5 days with pay;
b. Shall not apply to those who are
already enjoying the benefit
provided and those employed in
establishments regularly employing
less than 10 employees.
Note: Sick Leave and Vacation Leave are
considered voluntary benefits while Service
incentive leave, Paternity Leave and Maternity
leave are Statutory or mandatory benefits.
The piece rate workers are NOT entitled
to service incentive leave pay as well as holiday

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

pay even if they are entitled to other benefits

like COLA and 13th month pay.
Parental leave also known as Solo parents
leave. Took effect on Nov. 28, 2000. Entitled to
not more than 7 working days leave every year.
Battered Woman Leave Entitled to a paid
leave of up to 10 days in addition to other paid
leaves under the LC.
Special leave benefit of 2 months with full
pay after a surgery caused by gynaecological
disorders.
(2016 4th yr tsn) Leaves. Question: Labor
Legislation or Gender Equality Law? Now, this
has not yet been asked in the bar examination.
But someday it will be and you will thank your
soul that you have heard this from me.
Laws granting women maternity leaves.
Is that a gender equality law or a labor
legislation? Laws prohibiting dismissal of
women on account of giving birth, is that a
gender law or a labor legislation? How about
the VAWC leave which you took up in criminal
law. Violence against women and children act. If
you have a case pending and your husband
keeps on hounding you, you can ask your
employer to give you a leave. To attend to your
case, to your children. Is that a labor law under
social justice or is that a protection to woman
law? Answer: Very small indication. If it is in
the labor code, its labor law. Kanang
pregnancy, maternity leave. If its VAWC, its not
here. Its more favoring gender. Its a gender
law.
Paternity leave. Is that labor law? Sa
laki man na gihatag kung manganak imong
asawa with whom you are living. Pero ug
separated namo, youre not living together
because of controversy (legal separation), not
because of physical separation of your
workplace, the law does not apply. Is that labor
legislation or gender law? That is gender law.
Its not in the labor code. What is more is it is
applicable to private employment and public.
So, keep that in mind.

Holidays, service incentive leave

granted to those who have served at least 1 yr.
5 days with pay which can either be sick leave
or vacation leave. Now, it is possible that you
are entitled to a portion of the days of the
service incentive leave? The thinking of BWC is
that you are entitled. If say you have been
contracted to serve 10 mos., you are entitled to
a proportionate number of SILs as to the 10
mos. How will you find out? That is when you
need a formula. 5/12=x/10. The official stand of
the DOLE is that term employment, short of 1
yr. is proportionately entitled to a portion of the
5 days.

ARTICLE 96. SERVICE CHARGES

85% for all covered employees
15% for management
Now, if the establishment decides to do away
with the service charge, what will happen? The
worker will not be at a loss because the average
share of the worker will be considered
incorporated in the wage. So you can never
really get rid of it. If you can get rid of it, the
employer assumes the obligation of giving the
average share of the worker.

---end of book coverage

IMPORTANT NOTES FROM 2013 TSN

RA 10022 (Act Amending RA 8042)
-came into effect on March 8, 2010
Highlights of RA 10022:
1. New definition of the term OFW:
refers to a person who is to be
engaged, is engaged or has been
engaged in a remunerated activity in a
state of which he or she is not a citizen
or on board a vessel navigating the
foreign seas other than a government
ship used for military or non-

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

commercial purposes or on an
installation located offshore or on the
high seas; to be used interchangeably
with migrant worker." (Sec. 2a)
Example:
If you are recruited in Subic as
a US navy, you are not covered
because that is no longer a ship
that is for civilian purposes.
Domestic
accompanying
diplomats still not covered
2. New provision that workers can only
be deployed in compliant countries.
Criteria:
a. It should have existing labor and
social laws protecting rights of
workers including migrant workers;
b. It is a signatory or a ratifier of
multilateral
conventions,
declarations etc.;
c. It has concluded a bilateral
agreement or arrangement with the
government for the protection of
the rights of OFWs; and
d. The receiving country is taking
positive concrete measures to
protect the rights of the workers.
DEPLOYMENT BAN- Covers ONLY newly
recruited or placed workers.
3. The POEA governing board, after
consultation with DFA, MAY, AT ANY
TIME, terminate or impose a ban on
the deployment of migrant workers.
-IT DOES NOT REQUIRE A HEARING
-If you are a fee-charging placement
institution, you are given a LICENSE. If
you are not fee-charging, you are given
a PERMIT.
-SC said that placement and
recruitment
agencies
have
NO
STANDING to oppose bans on
deployment. OFWs HAVE STANDING

since they are the one who are

prevented from going.
4. There is a new definition of Illegal
Recruitment.
-Original idea: there is illegal
recruitment if there is no license to
recruit.
-Now: even if there is a license, can still
be convicted of illegal recruitment.
-MERE PROMISE TO LOOK FOR A JOB
OPENING FOR YOU is not illegal
recruitment.
-In a special law, Good Faith is
immaterial.
-Charging fees more than the fees
allowed in the schedule is already illegal
recruitment. If there is violation, you
can recover the placement fee you paid,
with interest from the time it was
collected.
2 kinds of Illegal Recruitment:
A. Ordinary Illegal Recruitment
Read Sec 6 of RA10022
Penalty: not less than 12 years and 1
day to 20 years and a fine of 1 million,
not more than 2 million.
B. Illegal Recruitment committed by a
syndicate or in a large scale. (economic
sabotage)
"Illegal
recruitment
is
deemed
committed by a syndicate if carried out
by a group of three (3) or more persons
conspiring or confederating with one
another. It is deemed committed in
large scale if committed against three
(3) or more persons individually or as a
group.
Penalty: life imprisonment and a fine
not less than 2 million, not more than 5
million.

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

Take note of the different Aggravating

Circumstances like:
If the person recruited is a
minor, the penalty is maximum
If the offender is an employee
of POEA, maximum penalty.
-if offender is an alien, there is
an added penalty of deportation.
Case of Serano vs Galang,
Skippers united case
Who has jurisdiction over a complaint for
violation
of
an
OFWs
contract?
-It is the LABOR ARBITER
-As to the criminal aspect, it is the
regular courts.
-To engage in recruitment or placement,
capitalization must be 70% of the outstanding
stock.
-If you are engaged in recruitment or
placement, you cannot at the same time engage
in the business of travel agency.
Milares vs NLRC:
How does the labor Arbiter enforce its decision
if the foreign principal has violated the OFW
contract? Through the agency, through the
recruiter. The manpower agency, the
recruitment agency, the employment agency, in
case of seamen, it is called manning agency.
They are solidarily, jointly liable with the foreign
principal of the recruiter.
RA 10022 now says REGARDLESS of whether
you are still the recruiter or no longer the
recruiter, the important thing is, at the time the
contract was entered into, if you are the
recruiter, then you are liable for that contract.
Father talks about the case of VIR-GEN
SHIPPING. The ponente is justice Gutierrez. It
held that between the two contracts, it is the
first contract that is valid (the second contract
talks about the promise of a seaman to return

the amount in excess of the actual amount). It is

said that the seamen is considered as the goose
that lays the golden egg.
What is a charter party? It is a contract of lease
of a ship.
Who can cancel a license? The POEA
administrator cannot cancel. It can suspend but
it cannot cancel. It is the SECRETARY OF LABOR
who can cancel. The president of the republic
can cancel but ONLY after hearing.
Important points from 2016 2-Manresa TSN
Ways on how illegal recruitment is
committed (refer to handouts)
As to venue: The OFW has the choice: he
can sue with the Labor Arbiter who has the
jurisdiction over the place of residence or the
LA who has jurisdiction upon the place where
any essential ingredient of the crime was
committed.
One of the standard violations of illegal
recruitment is substitution of contract.
Controversial Provision in RA 10022: One
who successfully sues for breach of his
employers contract shall be entitled to the
following: full reimbursement of the deduction
made with interest of 12%/annum and the
salaries of the unexpired portion of the
employment contract OR for 3 months for every
year of the unexpired term, whichever is less.
That has been declared as Unconstitutional
in the case of Sameer Overseas Placement
Agency. When they decided that case, 10022
was already in effect but it was not yet
applicable to the case because it fell under RA
8042. But Justice Leonen rendered it
unconstitutional though it was not yet
applicable.
In case of a shipwreck, the wife cannot
anymore receive the salary a month after the
report and should receive death benefits
instead.

[LABOR STANDARDS 2ND EXAM REVIEWER ]

Sang <3

Coverage: Article 82-96 (Azucena) and 2016 TSN of 4thyr Manresa

Employment of a non-resident alien.

The working visa does not give you the
authority to work; that is separate and distinct
from a work permit.
You can apply for the working visa even if
you still do not have the working permit.
What gives you the right to work? Employment
permit.
Case: Tim Cone vs NLRC: It is the DOLE who
issues a work permit.
Requirements:
a. Reciprocation between the foreign
country and the Ph regarding the work
permit;
b. It must be a position where there is a
dearth of Filipinos taking that position
c. He must have two understudies to
replace him when he leaves.
Read the TSN nlng.
Read Handbook Monetary benefits
RA 10022