- Right to non-hazardous workplace (even though there is no EER)
- Proper workplace and other standards kahit na walang EER - Labor code applies to the welfare of workers, w/o theres eer - Regulatory powers of DOLE, visitation - Right to close business by dole if non compliance with the DO - Always understand and remember the elements of EER - Most important element: power of control over said employee - EER is always a legal question, before you apply 279, regarding benefits, always take a look about eer - Position papers: always state or inculcate that there is such control and eer overall - Substantive questions and formal questions are always to be considered - RA 10022 amending 1842 Migrant workers act - Requirement before a worker be sent abroad: diplomatic rel, treaty as to rights, country must have law protecting the rights of workers. Without these you cannot send worker abroad - Thats why we have bond, or withour permit or sanctions - Read the definitions - Section 2 and 3, deployment, requirements: Memorize!!!! - In RA 10022, in case illegal recruitment, file where the agency is located. Or where the OFW is residing, as exemption to territoriality rule - What is illegal recruitment, definition, memorize!!!! Take note of conspiracy - Concept of conspiracy in illegal recruitment - Recruitment and placement: meaning - Who are person liable for illegal recruitment, and crime? - Take of jurisidiction, penalties, - Money claims in labor code? Skippers case, marsaman case. Serving at least 12 months, 3 month salary for unexpired portion. Violative of workers contract, unconstitutional this provision. - You should be paid in the remaining unserved term. - Who should you file the case for money claims? Labor code bans direct hiring. Exceptions (4). - There must be the local agency who enters a contract with the foregin. - Concept of liability: solidary obligation in case of breach of contract - Termination of overseas employment, 10022, refer to provision 283 284 - Pre-termination cases (Skipppers case) - Provisions of Repat: Section 9. - Automatic revocation of permits and license in violation of recruitment process, - Always look at Repat, there should a bond of fund for the refund of repatriatin expenses
BAN ON TRAVEL AND RECRUITMENT AGENCIES
- Why? To avoid unnecessarily sending workers incognito
- Not banned on a direct sense, because if you are just an investor, and not a manager or officer of both agency, you can still continue to be an investor on both agencies at the same time. - Direct hiring ban, exemptions: working in intl org., etc. - Case: Echo 2000 Commercial corp (case of transfer and promotion of workers) - Promotion usually entails a different of nature of task. In managerial and supervisory, loss of trust and confidence is already a ground for termination. Unlike in rank and file, that it is not applicable and cannot be easily dismissed. - Case: Globe Mccain, concept of loss of trust and confidence are those work that usually entails direct interaction with the employer. - Illegal termination: strained relations concept, if reinstatement if impractical, separation pay must be given in lieu thereof. - Strained relations must only be dependent on the degree of relation to your employer. - If no illegal termination or abandonment: labor arbiters only award damages but they do not order reinstatement, without backwages. - Case: Lagahit vs concord it must not be in name but in the function. Not the label but the duties and responsibilities - Case: Jack Valencia vs classice vinyl EER , what is control as element of EER - DEPARTMENT ORDER 18 (memorize) - January - Bernardo case: - 282 283 substantive grounds - Nominal damages onlysets in when you fail to comply wwith the procidueal process. Minimun 30,000.00 - Agabon case: discusses nominal damages (when there is violaion of rights) - Libcap case: - Employer must prove that employee is paid twith salaries, other claims such as OT differentials must be proved by employee - 7233 handicapped - Handicapped worker must not be efficient to be entitled to 75% of minimum wage - Apprentice: Century canning
DISCUSSION ON CASES NEXT MEETING
DEPARTMENT ORDER 18
(Labor only contracting) prohibited by laws
Case: Mercury vs Libunao Legitimate job contracting
Liability: principal becomes direct employer of employees who passed through the labor contractor