08/13/16

1. Social Justice
2. Protection to Labor
Labor- a property right
*Capital and Labor are indispensable partners
Significance of full employment:
1.
2.
3.
4.
5.

Ushers economic gains

Promotes social and economic stability
Promotes human dignity
An antidote against revolutionary idealogy
Regulates employees discriminatory practices

Constitutional rights:
1. Right to self-organization
- Available to all public and private sectors
2. Right to security of tenure
- Cannot be removed with just cause and due process
3. Right to just and humane conditions of work
4. Right to corrective negotiations
5. Right to peaceful concerted activities
6. Right to strike (when theres deadlock between laborers and company)
- There is temporary stoppage of work\
7. Right to a living wage
- Different from a minimum wage
8. Right to participate in the policy and decision making processes
9. Right to just share in the fruits of production
- Not self-executory

Brief history
May 1, 1974- PD 442 (Charters Human Rights) was enacted
-

Implemented on November 1, 1974 because of the tension period

Non- delegation of legislative powers

Article 3
-

State should protect labor

Extends to abuses of management and co-employees

Limitations to protection to labor:

1. Not licensed to condone wrong doings of the employee.
2. Courts cannot render decisions based on sympathy/ solitude of the
employer.
3. In pari delicto applies
4. Not all labor disputes to be decided in favor of labor

5. Non-disciminatory provision
- State must ensure equal work opportunity regardless of sex, race, or
creed
- Related RA 10911 (Anti-age Discriminatory Act), no implementing rules
and and regulations yet
Article 4 (BAR)
-

In favor of labor
Applies only if there is doubt
Villavert vs ECC/GSIS

Article 5 Rules and regulations (DOLE)

Others:
1.
2.
3.
4.
5.
6.
7.

NLRC (National Labor Relations Commission)

POEA (Philippine Overseas Employment Agency)
BLE (Bureau of Local Employment)
NWPC (National Wages and Productivity Commissions)
ECC (Employers Compensation Commission)
SSS/GSIS
OWWA (Overseas Workers Welfare Administration)

Article 6
Applicability- applies now, whether agricultural or non-agricultural
*GOCCs (In political law)
Jurisdictional Foundation
-

Employer-employee relationship

4 fold test/factors/aspects (of the relationship):

1.
2.
3.
4.

The manner of selection and engagement of the employee (Power to hire)

Mode of payment of wages
Presence/ absence of power of dismissal
Power of control (by the which is to be accomplished)
- Most important

*Medical ConsultantsIn labor- not an employee

In Torts and Damages- an employee

08/20/2016
Employer-employee relationship
1. Payment of wages
2. Power of dismissal

3. Power of control (Most important)

*Significance of power of control
Resident Physicians
-

Employees of the hospital/ power of control

Exception:
a. Training agreement
b. Training must be accredited by a government agency

Medical Consultants
-

Not employees
No employer-employee relationship
No power of control
*In Civil Code (Torts and Damages)
- they are employees in case of damages

Commencement- employment contract whether written or verbal

Employment contract- marks the beginning of employment
Goccs- if accredited by special law
Goccs- corporation, take over by private- labor controlling law

Article 7- 11 (Agrarian reform, emancipation of tenants)

Book 1 PRE-EMPLOYMENT
Full employment
1. Improve training
2. Allocation
- Never policy of a state to encourage foreign employment. Local
employment is preferred.
3. Utilization of manpower resources
*brain drain-brain circulation
Article 13- Definition of Recruitment
Recruitment- there must be an offer or promise of employment
-

If none, no recruitment
Consideration money is not even material because its not an essential
element of the crime
People vs Panis (Recruitment)
Not a condition but a presumption
Not an exception
Number of person dealt with is immaterial

*As long as it gave the impression that he/she has the power to give
employment.
*Must have license and authority
Private employment agency is allowed to charge placement fees
Public entities- no placement fees

Article 14 Employment promotion

-

Only public offices can engage in recruitment and placement of workers;

private-merely given the privilege.
Public employment offices- POEA
Functions:
1. Provide free placement of workers applying for both domestic and
international employment. No placement fees.
2. Provide adequate vocational guidance and testing services.
3. Classify registered applicants in accordance with job titles and code
with Philippine standards and classifications.
4. Arrange for the training and retraining of unemployed applicant.
5. Arrange for an inter-area placement for unemployed workers through a
nationwide job clearance.

Article 15
-

Abolished EO 797 and creating POEA

The domestic functions assumed by the POEA

Private Recruitment
General public-exceptions-private privilege
1.
2.
3.
4.

Private employment agencies

Private recruitments
Private manning and shipping agencies
Private as authorized by secretary of labor
*Purpose- avoid fly by night recruiters

Article 17 POEA (book)

Adjudication- quasi-judicial functions
1. Disciplinary cases of OFW
2. All pre-employment cases which are administrative in nature
*RA 8042 Migrant Workers Act (on disciplinary cases)
Disciplinary cases within the jurisdiction of POEA
1. Drugs

2. Desertion of abandonment of work

3. Drunkenness
4. Gambling
5. Initiating/joining a strike
6. Creating trouble at work/site/vessel
7. Embezzlement of co-funds/money
8. Theft/robbery
9. Prostitution
10.Vandalism/destroying company property
11.Gun-running
12.Unjust refusal to be part of the worksite
13.Violation of the laws and sacred practices
14.All pre-employment cases
15.Set-up
*Set-up regular function units under the supervision of regular director
Public employment offices requirements/ document requirements
1. Must be a work permit/visa assurance of the employer
2. They should submit a recruitment order/job order
3. Model employment contract
- RA 8042 must have an english translation
Requirements:
1.
2.
3.
4.
5.
6.

Responsibilities of the parties to the government.

Selection and documentation procedures.
The fees schedules and terms of payments
Manner of facilities and remittance for working salary
Grievance machineries for workers
Validity and revocation of the agreement

After interview and selection of employees

1. Medical
2. Travel arrangements (Passport, visa and work permit)
3. Pre-departure orientation seminar (PDOS)
RA 8042:
a. Copy of employment contract
b. Employer not allowed to confiscate the passport of the employee
c. Visa documentation
Procedure of the recruitment