CONSITUTION & PROTECTION TO LABOR 1.

Fixed period voluntarily agreed upon parties pursuant to Article 227 of the Labor
Social Justice: Social justice is "neither2. Er & ee dealt w/ each other more/less on Code, as amended;
communism, nor despotism, nor atomism, nor equal terms 9. Money claims arising out of employer-
anarchy," but the humanization of laws and employee relationship or by virtue of any
the equalization of social and economic forcesTypes of Project: law or contract, involving Filipino workers
by the State so that justice in its rational and1. w/in regular &usual biz BUT distinct for overseas deployment, including claims
objectively secular conception may at least be separate, & identifiable as such. for actual, moral, exemplary and other
approximated. 2. ~w/in regular biz forms of damages as provided by Section 10,
Republic Act No. 8042, as amended by RA
Social justice means the promotion of theIndicators of Project Employment: No. 10022; and
welfare of all the people, the adoption by the1. Duration is determinable 10. Cases arising from interpretation/
Government of measures calculated to insure2. Duration & specific work in agreement enforcement of CBA, & co. policies by
economic stability of all the competent3. Work connected to project hes engaged referring to grievance machineries if
elements of society, through the maintenance4. Ee is free to offer services to others therein provided.
of a proper economic and social equilibrium in5. Termination reported to DOLE w/in 30 11. Other cases as may be provided by law.
the interrelations of the members of the days from separation from work
community, constitutionally, through the6. Undertaking by er to pay completion bonus NLRC
adoption of measures legally justifiable, or 1. Cases decided by the Labor Arbiter;
extra-constitutionally, through the exercise ofWhen Proj. EE may Become Regular EE: 2. Cases decided by the Regional Directors
powers underlying the existence of all1. Continuous rehiring of proj. ee even after or hearing officers on small money claims;
governments on the time-honored principle of cessation of proj. 3. Cases of national interest certified to by
salus populi est suprema lex. 2. Tasks performed by proj. ee are vital, the Secretary of Labor;
necessary & indispensable to usual biz/ 4. Petitions for injunctions or temporary
trade of er restraining order under Article 218 (e) of
JOB V. LABOR-ONLY CONTRACTING the Labor Code, as amended; and
Elements of Valid Job Contracting Managerial EE Reqts: 5. Petition to annul or modify the order or
1. Indistinct & Independent biz 1. Primary duty consists of mgmt. of est. resolution (including those issued during
2. Undertakes work on his own account 2. Customarily & regularly direct work of 2 or execution proceedings) of the Labor
3. Under his own responsibility more ees therein Arbiter.
4. Using his own manner & methods 3. Have auth. to hire/fire/promote other ees
5. Free from control & direction of principal of lower rank/ @ least suggest it.
XPT as to the result LABOR STANDARDS
6. Has own Capital, Epqt. & Work Premises Officers/Members of Mgrial Staff Req;t: 7 Basic Rights of Workers: right to-
7. Contract assures entitlement of ees of all 1. Primary duty consists performance of 1. Organize
rights & benefits work directly related to mgmt. policies 2. Conduct collective bargai./nego. w/ mgmt.
2. Customarily & regularly exercise discretion 3. Engage in peaceful concerted activities
MANAGEMENT PREROGATIVES & independent j 4. Enjoy security of tenure
Elements of Mgmt. Prerogatives 3. Regularly & closely related to the 5. Wok under humane cond.
1. Good faith performance of work 6. Receive living wage
2. w/ due regard to workers rights 7. Participate in policy & decision-making
RIGHT TO SELF-ORGANIZATION processes affecting their rights & benefits
Bona Fide Occupational Qualif. XPN Reqts:Who May ~ Join a Union:
1. Employment qualif. is reasonably related 1. Managerial ees Reqts for Voluntary Practice of ER:
to essential operation of the job involved 1. Practiced over a long period of time
2. Factual basis for believing that all/ 2. Shown to have been consistent &
substantially all persons meeting qualif. JURISDICTIONS deliberate
would be unable to properly perform Labor Arbiters
duties of job. 1. Unfair labor practice cases; Four-Fold Test to Det. ER-EE Relationship:
2. Termination disputes (even of by CBA); 1. Selection & engagement of er
2 Theories of Employment Discrimination: 3. If accompanied with a claim for2. Payment of wages
1. Disparate Treatment: ee must prove reinstatement, those cases that workers3. Power of dismissal
employment policy is discriminatory may file involving wages, rates of pay, hours4. Ers power to control ee to means &
2. Disparate Impact: complainants must of work and other terms and conditions of methods by w/c work is accomplished
prove that a facially neutral policy has employment;
disproportionate effect on 1 class 4. Claims for actual, moral, exemplary andEes ~Covered by LC:
other forms of damages arising from1. government employees,
EMPLOYMENT CLASSIFICATION employer-employee relations; 2. managerial employees,
GR: Regular ee; XPNs: 5. Cases arising from any violation of Article3. field personnel,
1. Project ee 264 of the Labor Code, as amended,4. members of the family of the employer who
2. Seasonal including questions involving the legality of are dependent on him for support,
3. Casual strikes and lockouts; 5. domestic helpers,
4. Probationary 6. Except claims for employees compensation6. persons in the personal service of another &
5. Term not included in the next succeesing7. workers who are paid by results
XPN to XPN: if still hired after expiration paragraph, social security, medicare, and
maternity benefits, all other claims arising
GR: Period of probation is 6 mos. XPN: from employer-employee relations,
1. Learner: 3 mos. including those of persons in domestic or RA8042
2. Apprentice >3 mos. household service, involving an amountProhibited Activities: A34 of LC-To:
3. 3-yr. for teachers exceeding Five Thousand Pesos1. Charge or accept, directly or indirectly, any
4. By agreement of parties (P5,000.00), whether or not accompanied amt.>specified in schedule of allowable fees
with a claim for reinstatement; prescribed by Secretary of Labor, or to
Termination of Probationary EE: 7. Wage distortion disputes in unorganized make a worker pay any amt. > actually
1. Just causes (A282) establishments not voluntarily settled by received by him as loan/ advance;
2. Authorized causes (A283) the parties pursuant to Republic Act No.2. furnish or publish any false notice or
3. Failure to qualify as regular ee 6727; information or document in relation
8. Enforcement of compromise agreements to recruitment or employment;
Criteria for Fixed Term Employment when there is non-compliance by any of the

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3. give any false notice, testimony, informa8. Impose a compulsory and exclusive ~ need for er to hire Er must hire
tion or document or commit any act of arrangement whereby an overseas Filipino apprentice after. learner after
misrepresentation for purpose of securing worker is required to undergo health w/ prior approval of ~need for prior
a license/authority under this Code. examinations only from specifically DOLE approval by DOLE
4. induce or attempt to induce a worker designated medical clinics, institutions,
already employed to quit his employment in entities or persons, except in the case of a
order to offer him to another unless the seafarer whose medical examination cost is
transfer is designed to liberate the worker shouldered by the principal/ship owner;
from oppressive terms and conditions of9. Impose a compulsory and exclusive
employment; arrangement whereby an overseas Filipino
5. influence or to attempt to influence any worker is required to undergo training,
person/entity not to employ any worker seminar, instruction or schooling of any
who has ~ applied for employment through kind only from specifically designated
his agency; institutions, entities or persons, except for
6. To engage in the recruitment or placement recommendatory trainings mandated by
of workers in jobs harmful to public health principals/shipowners where the latter
or morality or to the dignity of the shoulder the cost of such trainings;
Republic of the Philippines 10. For a suspended recruitment/manning
7. obstruct or attempt to obstruct inspection agency to engage in any kind of
by the Secretary of Labor or by his duly recruitment activity including the
authorized representatives processing of pending workers'
8. fail to file reports on status of applications; and
employment, placement vacancies,11. For a recruitment/manning agency or a
remittance of foreign exchange earnings, foreign principal/employer to pass on the
separation from jobs, departures and such overseas Filipino worker or deduct from
other matters or information as may be his or her salary the payment of the cost
required by the Secretary of Labor. of insurance fees, premium or other
9. substitute or alter employment contracts insurance related charges, as provided
approved and verified by the Department of under the compulsory worker's
Labor from the time of actual signing insurance coverage.
thereof by the parties up to and including
the periods of expiration of the same w/oIllegal Recruitment Elements:
the approval of the Secretary of Labor; 1. Offender has ~ auth. to engage in
10. become an officer or member of the recruitment & placement of workers
Board of any corporation engaged in2. Offender undertakes any of its activities
travel agency or to be engaged directly w/in meaning of recruitment &placement
/indirectly in mgmt. of travel agency; under A13 (b), LC/ any prohibited acts
11. Withhold or deny travel documents from under A34,LC & S6 of RA8042
applicant workers b4 departure forWHILE Estafa:
monetary/ financial considerations other1. Accused defrauded another by abuse of
than those authorized under this Code confidence/ by means of deceit
and its implementing r&r. [Art. 34, LC] 2. Damage/ prejudice capable of pecuniary
estimation cause to offended party/ 3P
Section 5 of RA10022-To:
1. Same as A34 of LC XPT #7. Illegal Dismissal of OFW:
2. Failure to actually deploy a contracted Full reimbursement of unexpired term+
worker without valid reason as determinedplacement fee w/ 12% i per annum
by the DOLE
3. Failure to reimburse expenses incurred byEconomic Sabotage: either by-
worker in connection w/ his documentation1. Syndicate Recruitment, or
& processing for purposes of deployment, in2. Large Scale Recruitment
cases where the deployment does not
actually take place without the worker'sPrescriptions:
fault. Illegal recruitment when committed1. 5 years- illegal recruitment case filing
by syndicate/ in large scale shall be2. 20 years- economic sabotage case filing
considered an offense involving economic3. 3 years-claim of benefits
sabotage; and
4. Allow a non-Filipino citizen to head or APPRENTICESHIP v. LEARNERSHIP
manage a licensed recruitment/manning Qualifications and Qualifications
agency. Reqts: and Reqts:
5. Grant a loan to an overseas Filipino worker 1. @ least 14 y.o. 1. Job must be
with i > (8%) per annum, which will be used 2. Possess vocational non-
for payment of legal & allowable placement aptitude & apprenticeable
fees & make migrant worker issue, either capacity for 2. May be learned
personally/by guarantor/ accommodation appropriate tests <3mos. of
party, postdated checks in rel. to said loan; 3. Possess ability to practical
6. Impose a compulsory & exclusive comprehend & training
arrangement whereby an overseas Filipino follow oral & 3. Salary 75% of
worker is required to avail of a loan only written applicable min.
from specifically designated institutions, instructions. wage.
entities or persons; 4. Written 4. Subj. to
7. Refuse to condone or renegotiate a loan 5. <3mos. of practical inspection by
incurred by an overseas Filipino worker training Sec. of Labor
after the latter's employment contract has (SoL)
been prematurely terminated through no Skilled/highly Semi-skilled job/
fault of his or her own; skilled jobs industrial occup.

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