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ASSIGNMENT:

17/24 November 2018


LABOR LAW 1 – ATTY. JHUNDEE GUILLERMO

1. APPRENTICES & LEARNERS


Art. 57-77, Labor Code; B2, R6-7, IRR
Republic Act No. 7686, The Dual Training System
Republic Act No. 7798
Apprenticeship
 Meaning, nature and significance of apprenticeship
 On-the-job training
 Qualifications of apprentice
 Compensation
 Termination of apprenticeship
Cases:
Nitto Enterprises vs. NLRC, 248 SCRA 654
Century Canning Corporation vs. Court of Appeal, 530 SCRA 501
Holiday Inn vs. NLRC
Learners
 Meaning, nature and significance of learners
 Distinctions between Learners and Apprentices
 When learners may be hired
 Approval and cancellation of learnership program

2. HANDICAPPED/DISABLED PERSONS
Art. 78-81, Labor Code; B2 R8 IRR
Republic Act No. 7277 [24 March 1992], Magna Carta for Disabled Persons, Sec. 4-11, 32-33
Republic Act No. 9442, amending RA 7277 giving additional benefits for disabled persons
 Definition of disabled persons
 Rights and privileges of disabled workers in respect of employment
 What constitutes acts of discrimination against disabled workers
Case: Bernardo vs. NLRC, G.R. No. 122917. 19 July 1999

3. RETIREMENT PAY
Article 302, Labor Code, as amended by Republic Act No. 7641, B6 R1 S13-14, IRR
Republic Act No. 4917, Retirement Benefits of Private employees not subject to attachment, levy,
execution or any tax
Republic Act No. 7742
Nature and purpose
Oro Enterprises vs. NLRC, GR 110861, 14 November 1994
Philippine Airlines, Inc. (PAL) vs. ALPAP, 373 SCRA 302
Compulsory vs. optional retirement age; parameters
Computation: 22.5 days x number of years of service.
Capitol Wireless vs. Confessor, 264 SCRA 68 [1996]
Retirement under a Collective Bargaining Agreement/Applicable Contract
When exempted or not exempted from taxation
Cf. Republic Act No. 4917
Retirement of Part-time Workers
The retirement benefits under RA 7641 and RA 8558 are separate and distinct from SSS
DOUBLE RETIREMENT: is an employee precluded from receiving retirement benefits from the employer
if he was allowed to work after receiving SSS retirement benefits?
Masing Development, et.al., vs. Gregorio Rogelio, G.R. No. 161787, 08 April 2011

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4. ANTI-AGE DISCRIMINATION LAW
Republic Act No. 10911, and DOLE Dept Order No. 170-17, IRR dated 02 February 2017
Note: RA 10911 lapsed into law on 21 July 2016
 Rationale behind the law
 Prohibitions
 Exclusions
 Effect on Existing retirement policies

5. RECRUITMENT AND PLACEMENT


Articles 12-35, Labor Code
DOLE Rules Governing Private Recruitment & Placement for Local Employment, 05 June 1997
2002 POEA Rules on Landbased Overseas Workers, 04 Feb 2002.
Recruitment and placement; defined
People vs. Señoron, 267 SCRA 278 [1997]
People vs. Saley, 291 SCRA 715 [1998]
People vs. Panis, 142 SCRA 664 [1986], at 667
Prohibition against contract substitution
Pert/CPM Manpower Exponent Co., Inc. vs. Vinuya, et al. G.R. No. 197528, 05 Sept 2012
Illegal Recruitment, defined
Art. 38 (Local recruitment),
Labor Code, Sec. 6, Migrant Workers Act,
Republic Act No. 8042 as amended by Republic Act No. 10002
License vs. Authority
People vs. Alvarez, 387 SCRA 448 [2002]
Essential elements of illegal recruitment
People vs. Gallardo, 388 SCRA 121 [2002].
Simple illegal recruitment vs. illegal recruitment in large scale
People vs. Ortiz-Miyake, 279 SCRA 180 [1997]
People of the Philippines vs. Rosario “Rose” Ochoa, G.R. No. 173792, August 31, 2011
Illegal recruitment as economic sabotage
Article 38(b) of the Labor Code, as amended by P.D. No. 2018
People vs. Navarra, 352 SCRA 84 [2001]
Illegal Recruitment vs. Estafa
Liabilities and penalties for illegal recruitment
Local employment agency and the foreign employer
Solidary liability of local employment agency and foreign principal.
Sevillana vs. I.T. [International] Corp., 356 SCRA 451 [2001]
Theory of imputed knowledge
Sunace International Mgmt Services vs. NLRC, GR No. 161757, 25 January 2006
When can a foreign law govern an overseas employment contract?
IPAMS, et al. vs. Jose G. de Vera and Alberto B. Arriola, G.R. 205703, 07 March 2016
Compensability of injury/death for seafarers
Wallem Maritime Services, Inc. vs. Ernesto C. Tanawan. G.R. No. 160444 29 August 2012
Violeta Balba, etc. vs. Tiwala Human Resources, Inc., et al., G.R. No. 184933, 13 April 2016
Seafarer must discharge burden of proof for compensability of injury/illness: Spouses Aya-Ay vs.
Arpaphil Shipping and Magna Marine, G.R. No. 155359, 31 January 2006
Company designated physicians initially determines compensability, but right of seafarer to seek
second opinion
German Marine Agencies, Inc. vs. NLRC, 403 Phil. 572 [2001]; cited in Panganiban vs. Tara Trading
Ship Management. Inc., G.R. No. 187032, 18 October 2010.
NYK-Fil Ship Management Inc., et al vs. Talavera, G.R. No. 175894, 14 November 2008
Virgen Shipping Corp. et. al. vs. Jesus B. Barraquio, G.R. No. 178127, 16 April 2009

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Which findings should prevail: company designated physician vs seafarer’s personal physician -
Section 20-B of the 2002 POEA-Standard Employment Contract
Requisites for a seafarer’s injury or illness to be compensable - Sec 32-A of the POEA-SEC
Philippine Transmarine Carriers, Inc. vs. Nazam, G.R. No. 190804, 11 Oct 2010
Doehle-Philman Manning Agency, Inc., et al. vs. Haro, G.R. No. 206522, 18 April 2016
Failure of the seaman to comply with the mandatory reporting requirement within three (3) days from
discharge shall result in his forfeiture of the right to claim the above benefits.
Crew and Ship Management Int’l Inc., et al. vs. Soria, G.R. No. 175491, 10 Dec 2012
Andres L. Dizon vs. NAESS Shipping Phils., Inc., et al., G.R. No. 201834, 01 June 2016
Ban on Direct hiring, Art. 18 Labor Code
a. Remittance of foreign exchange earnings
b. Prohibited activities
c. Regulatory and visitorial powers of the Labor Secretary

6. MEDICAL DENTAL AND OCCUPATIONAL SAFETY and EMPLOYEES COMPENSATION


Medical and Dental Services
Art. 156-161, LC; B4 R1 IRR
Occupational Health and Safety
Art. 162-165, LC; B4 R2 IRR
Employees Compensation
Articles 166-208, Labor Code
Articles 1711-1712, Civil Code
Compensability of injury
Belarmino vs. ECC, G.R. No. 90204, 11 May 1990
Compensability of illness
Raro vs. ECC, G.R. No. L-58445, 27 April 1989
Liability of State Insurance Fund
Mabuhay Shipping vs. NLRC, G.R. No. 94167, 21 Jan 1991
Benefits
Loot vs. GSIS, GR No. 86994, 30 June 1993

7. SSS LAW
Coverage and effective date of coverage
 Employer; employee and self-employed
Exception from coverage of SSS Law
 Agricultural labor;
 Employment purely casual and not for the purpose of the occupation or business of the employer;
 Service performed by an individual in the employ of his son, daughter, or spouse, and service
performed by a child under the age of twenty-one years in the employ of his parents;
 Service performed on or in connection with an alien vessel by an employee if he is employed when
such vessel is outside the Philippines;
 Service performed in the employ of the Philippine Government or instrumentality or agency thereof;
 Service performed in the employ of a foreign government or international organization, or their
wholly-owned instrumentality;
 Such other services performed by temporary employees which may be excluded by regulation of the
Commission. Employees of bona fide independent contractors shall not be deemed employees of
the employer engaging the services of said contractors.
Non-remittance of contributions by employers; penalty for violation and prescriptive period