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Labor Relations Classroom Recits

1st meeting - January 22, 2018

EH403; 5:30-7:30 PM

Coverage: Topics 1 - 3

4 Students called – Adrian, Nikka, Carlo Dennis, Nilo

Adrian

1. What is Labor Relations?

2. Is it the same as Labor Standards?

3. These two fields of Labor Law, are they mutually exclusive?

4. So these laws compliment to each other?

5. They are closely associated with each other? In what respect?

6. Do workers have rights in relation to Labor Relations? If yes, what are those specific rights?

7. Are these rights found in the Constitution? In the Labor Code?

8. Aside from the Constitution and statutes as primary sources of Labor Relations, can you think
of any other sources of Labor Relations?

9. Would it be correct to say that aside from the Constitution and Statutes as primary sources, are
rules implementing the Labor Code part and parcel of Labor Relations?

10. Who has the power and authority to promulgate?

11. Pursuant to what kind of power?

Nikka

12. Can these rules and regulations, amend or revise Labor Relations law?

13. In the event that there is conflict between Labor Relations law and Rules promulgated by the
Secretary of Labor, which will prevail?

14. So we are saying that the power of the Secretary of Labor, must be limited within the confines
and parameters of the law itself?

15. So the implementing rules which conflict the law, what becomes? Is it void?

EH403 Labor Committee: EstaNuts Labor Relations by Atty. Jefferson M. Marquez

Caballes-Cadelena-Estavilla-Melendez-Villaester 2nd Year 2nd Semester 2019
EstaNuts

16. Can the implementing rules which conflict with the law, can it be challenged and set aside as
null and void?

17. Who will adjudicate in case of conflict with the law, to determine the validity of the rules?

18. Aside from these implementing rules and regulations, being a source of Labor Relations Law,
what about decisions rendered by the Labor Arbiter involving Labor Relations Law, would these
decisions consider part of the legal system?

19. Why not? Is it not that they exercise quasi-judicial power?

20. What kinds of decisions form part?

21. Does the Civil Code mention decisions of the Supreme Court?

22. Are you saying decisions of the Labor Arbiters are not judicial decisions?

23. What are they?

24. Are judicial decisions the same as administrative decisions?

25. Based on your study, when you speak of judicial decisions, they refer to whose decision?

26. Is there any instance that the decisions rendered by the Labor Arbiter involving Labor
Relations law became part of the law of the land?

Carlo Dennis

27. Is there a rule in interpretation in Labor Relations Law?

28. Is that the same statutory provision that we use in Labor Standards Law?

29. I’m just curious, what do you understand of the word Labor?

30. In its general sense what do you mean by Labor?

31. Why does the law resolves doubt in favour of Labor? Why is the law designed that way?

32. They do not stand in equal footing, in terms of what?

33. Who fixes wages? The capital or labor?

34. Can we us that rule in interpretation in employment contracts?

35. But employment contracts are not laws? Why do we need to extend it to employment
contracts?

EH403 Labor Committee: EstaNuts Labor Relations by Atty. Jefferson M. Marquez

Caballes-Cadelena-Estavilla-Melendez-Villaester 2nd Year 2nd Semester 2019
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36. So, if what is stipulated in the employment contract is vague, can we apply Article 4 of the
Labor Code to resolve the ambiguity in favour of the employee?

Nilo

37. Under the applicable law, how will you describe the relation between capital and labor? How
does the Civil Code describe the relation?

38. Must the employment contract be in writing?

39. How is the contract of employment perfected?

40. What are the elements of a valid contract?

41. We have the principle of non-oppression under the Civil Code, what is that?

42. So how should the act together? If not oppressively?

43. So since Labor Relations speaks of two principal parties, the employer and employee, when
is one considered to be an employee? What principle of law should we adopt, whether an
employer-employee relation exists?

44. What is the four-fold test?

45. Who selects and engage?

46. Is the selection conclusive in determining employer-employee relationship?

47. What is wages? What article in the Labor Code can we find wages?

48. Who fixes the wages between the employer and employee?

49. What do you mean by the power of dismissal?

50. What do you understand about the control test?

51. Is it safe to say that if the relation is capital and labor, it is the employer who defines the
qualification of the job?

52. Which of the four-fold test is the most controlling?

53. Can you give me one salient characteristic of an employment relationship?

54. Is an employment relationship the same as independent contractorship?

55. How do you describe independent contractorship?

EH403 Labor Committee: EstaNuts Labor Relations by Atty. Jefferson M. Marquez

Caballes-Cadelena-Estavilla-Melendez-Villaester 2nd Year 2nd Semester 2019
EstaNuts

56. What is an individual independent contractor?

57. Between the two (employee and independent contractor), who is covered under the protection
of our Labor laws?

58. Why is the independent contractor outside the protection of our Labor laws?

59. So when you go to a dentist in Ayala, who fixes your teeth?

60. Who decides which tooth to be extracted?

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EH403 Labor Committee: EstaNuts Labor Relations by Atty. Jefferson M. Marquez

Caballes-Cadelena-Estavilla-Melendez-Villaester 2nd Year 2nd Semester 2019