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NOTES IN LABOR LAW

November 7, 2019
Merchs Filipinas Cruing Inc. vs. Edgar Alferos, April 1, 2019
- involving premature filing of complaint, filing labor case before the expiration of 120 period,
respondent violated the law, was guilty of abandoning treatment
- seafarer did not comply and immediately filed a case against the employer, therefore subject to
dismissal
- respondent has no cause of action at the time of filing as the company doctor has no
opportunity of assessing his health

Maunlad Trans Inc. vs. Romeo Rodelas Jr., April 1, 2019

“Local seafarers acquire security of tenure, but not overseas seafarer regardless of how many times
their contract is renewed.” They will not be regular employees but are only contractors.

nota bene: Beyond the scope of study: (BUT IS IMPORTANT TO NOTE)


Prescription:
Money Claims 3 years
Illegal Dismissal 4 years (from Labor Code)
Violation of Labor Code 3 years
ULP 1 year

Filing of an appeal from decision of Labor Arbiter will be in the NLRC within 10 days.
Under Art. 129 for small money claims, the prescription for filing appeal will be 5 days filed before the
NLRC.
Under Art. 128, aggrieved party can file appeal with the Secretary of Labor. The decision of Labor Arbiter
is appealable with the NLRC.
The company aggrieved with the decision of Labor Arbiter filed with the Sec. of Labor for motion of
reconsideration is not allowed. However, under the NLRC rules, it will be treated as an appeal, but the
general rule is that it is prohibited pleading. “All rules must not be strictly construed, instead of throwing
it as a garbage, it will be treated as an appeal.” Despite it will be considered as appeal, it will still be
dismissed because there are requisites of filing an appeal. Hence, the appeal will be noncompliant, and
the appeal will not be perfected. What are then the requirements?
For the employee: payment of appeal fee, submission of a verified appeal memorandum, filing of
memorandum must be within prescribed period of 10 WORKING days.
Coming out from the bar: Employer files a motion of reconsideration, “it has no effect.” It is a prohibited
pleading, thus its filing will not stop the prescriptive period of the appeal. It becomes final and executory
after the lapse of 10 days.

Decision of NLRC requires motion of reconsideration, necessary because it will be reviewed by way of
petition for certiori, and so motion for reconsideration is a condition sine qua non, but there are
exceptions.
Decision of NLRC becomes final and executory after denial of motion after 10-day prescriptive period.
However, the decision may still be reviewed by petition for certiori as an independed action, not
considered an appeal technically, but is considered only a manner of mode of review of the decision of
NLRC. How many days? (bar) Answer: 60 days from the denial of motion of consideration. How will you
elevate it to the SC? answer: within 15 days by way of petition for review on certiorari (rule 45).
Despite that the decision of NLRC becomes final and executory, it does not mean no more remedy,
because filing a petition for certiorari allows you within 60 days, usually nonextendible.
Motion for reconsideration is necessary because it acts as a bridge before you can file petition for
certiorari.
Art. 128, restriction that there is still prevailing employer-employee relationship. Visitorial power, if the
company is accused of illegal dismissal, then Secretary of Labor is removed from jurisdiction, now with
the Labor Arbiter.
An employee who files an action for reinstatement after being illegally terminated, the employer-
employee relationship is not affected, no severance of the relationship when the illegal dismissal is
questioned by employee. The worker must be entitled with backwages from the time he was removed
up to the time of his reinstatement.
An employee dismissed with a pending case, can still vote during Collective Bargaining, election of
officers of the union, etc.

November 28, 2019

Philippine vs. NLRC


- In the case, employee is dismissed for work because of marriage. Company policy violates the right
against discrimination.

(Irasuigi, Simbon, PTNT vs. NLRC)

Probanker’s Assoc. vs. Prudential Bank Trust Company, 1989


- definition of wage distortion (refer to Art. 124)
- wage distortion can only happen by implementation of a wage order

RA 7699 (An act on the Social Security Insurance System) - portability scheme; payments made to the
SSS or GSIS may be applied to contributions to the GSIS or SSS to qualify for retirement

Essential element of labor only contracting:


1. contractor merely recruits, supplies, etc. for a principal;
Mere presence of essential elements is not enough, rather, there must exist confirmatory elements.
confirmatory elements: lack of substantial capital or investment in the form of tools, etc.; the workers
supplied performs that which is directly related to the business of the principal; the principal controls
the work of the suppliers supplied.

WM Manufacturing Inc. vs. Richard Dalag 12/7/15


Doctrine of Limited Liability – not applicable under POEA Standards Development Contract
- embodied in the Book of Commerce

Philippine Kyoei Corp. vs. Rosalia et al., 7/13/16

Statutory Benefits
The current min. wages in the different wages in the region, it is the RTWTB which has jurisdiction over
the workplace

All minimum wage earners in the private sector are covered in the wage order.
How to determine daily wage?
House Helpers
BMBE
persons employed in the personal service in another

Basis of computing normal minimum wage: normal 8 hours


Rule on cases of transfer of personnel: if outside of NCR, shall not be a valid ground of reduction of wage
if for a mobile worker: the same effect.
mobile worker is the worker by the nature of his work has to travel
are exemptions from wage order allowed? Yes. Provided there is express exemption.
Maximum duration of duration: one year from the effectivity of the wage order.
Increase shall be born by the principal of the client, contract is deemed amended.
Are min.wage eraners exempted from paying income tax? Yes.
Elements of wage distortion** please read.
What are procedures to correct wage distortion:
for organized firms: negotiation thru grievance procedure in the CBA, if not resolved, go to voluntary
arbitration.
for unorganized firm: settle among themselves, if not, it can be resolved by the MCNB (Mediatory
Conciliation Board), if not resolved, with the labor arbiter.
who has jurisdiction over wage distortion: if organized firm, then the voluntary arbitration; if
unorganized establishment, with the labor arbiter.
Meal period (at least 60 mins and not compensable)
Weekly rest day (a rest day of 24 consecutive hours) – any day of the week
Holiday pay – payment of any day for day unworked: condition: 1. he must be present on the day
previous from the holiday.
Premium pay – refers to add. payment of work within 8 hours of rest days, how much? 30% of the basic
rate; 50 % for work performed on the special day falling on the employee’s rest day
overtime pay- add. pay for work performed in excess of 8 hours a day
- must be within a work day, how much? 25% in excess of 8 hours on ordinary day; +30% on work
on rest day, etc.
Night differential – from 10 pm to 6 am; how much? +10% of hourly rate

Leave benefits entitled by laws(statutory benefits):


5 day service incentive leave who have rendered at least 1 year
Maternity leave
7 day paternity leave - Conditions: * please read.
7 day solo parent leave is granted to solo parents (ra 8972) ; conditions:*please read
10 days leave for victims of VAWC(ra 9262); conditions: *please read lang sa ha.
Required 13th month pay: 1/12 of the total basic salary
Retirement pay – amount given to employee at age 60 or at the optional retirement age… etc.. please
lang read; how much? 22.5 days daw imbes 15 days? huh?

Insanity to be compensable, Sea Power Shipping Enterprise vs. Heirs of Sabanal, 6/19/17
Guideline for Seafarers in the case of Gibsins Maritime vs. Flordin Rapiz, 6/11/17: The company
physician must issue etc.
Determine backwages for pakyaw, task basis: Art. 124, std criteria : all workers… for piecework…
In Paul Incorp. vs. NLRC, the ordinary minimum wage rates are applicable in the absence of the wage
determined by time and motion studies determined by the secretary of Labor.
Ranillo Lim & Sons Agricultural Company vs. Armando Guilalang, et al, 1/6/19
Non-diminution of benefits
principle states that any benefits cannot be diminished or reduced, founded on the constitutional
mandate to protect…etc.
Benefit and supplement
Benefits are those in addition to the regular… etc. some are required by law, some are not…
Supplements include privileges granted for the convenience of the employee such as board and lodging,
etc.
Requirements: application of principle presupposes … etc.

To ripen into benefits, the following must concur: 1. practiced for long period of time; 2. consistent and
deliberate;
Davao Fruits Assoc. vs. Labor union, 8/4/93
Tiango vs. Leogardo
Sevilla Trading Company
Wesleyan Univ Phil. vs. WUP Faculty Association

Ubix Corp v. Rachel Bandiola, 6/26/07 (requirement of notice to the employer of death for payment of
compensation)
Art. 205 and 206, set reportorial requirements when an employee suffers injury, etc.
All employer must have a logbook to record sickness, etc. …

For establishment employing less than 10 employees to be exempt: two elements must concur (ra 6767)
Manuel Pablico and Master Pub vs. 6/10/19

Spouses Jipolito Dalin Sr, et al vs. Mitsui OSK Lines, 7/24/19 plaintiffs filed for a claim for damages.
Labor arbiters have no jurisdiction over tort cases. Even sec. 10 of ra 8042 does not provide jurisdiction
over claim on torts and damages. Please read the section 10.

when control is not basis for employer-employee relations, Royal Home Marketing Inc. vs. Fidel
Alcantara, July, 2014 – as long as it does not dictate the means and methods, does not indicate
employee-employer relationship.

Peoples Broadcasting Service Philippines vs. Sec. of Labor, 3/6/12 – the department of labor has full
powers to determine … employee-employer relationship

employment of trainee – payment of compensation below min. wage is allowed. trainee refers to a
person qualified to undergo …. starts in no case below 70% of the daily … ra 7686 (dual … act of 1994)

2 tier test to determine intra-corporate controversy: 1. relationship test – disputed is considered when
relationship between disagreed parties are: between corporation, partnership and public, members,
officers, state as far as franchise is concerned, among stockholders, partners themselves
Easy call comm. Philippines vs. King, one can be called a corporate officer only if the following are met..
etc.
2. nature of controversy test – existence of controversy does not rely on the relationship of parties.
disagreement must not be only rooted on the relationship, but must be about enforcement…. etc
Norma Cacho and North Travels vs. Virginia Balagtas, 2/18/18

Claim for compensability of seafarers, following must be present:


1. company designa ted physician fail to issue… even after the lapse of 120 days and there is no
indication, seafarer can only sue for total…
2. basaha…
3. physician of company declared he is fit but that of employee is of contrary opinion
4. please read…
5. cdphysician
6. cdphysician deterimine his medical condition is not compensable or etc…
7. declared him totally or pemanently disable but the company decided to still give him benefit
8. etc..
Status Maritime Corp. vs. Dr. Liro, 1/18/2017

A complaint is brought to the