PRELIMINARY TITLE a.
Labor standards law- refer to the minimum requirements
LABOR RELATIONS
CHAPTER I
GENERAL PROVISIONS
Art. 1 Name of Decree- This Decree shall be known as “The Labor Code of the
PH”
1. History of the Labor Code
2. Labor Standards provisions of the Labor Code
 Book one-Pre employment
 Book two- Human Resources Development Program
 Book Three- Conditions on Employment
 Book Four- Healthy, Safety and Social Wlefare Benefits
3. Labor Relations provisions of the LC
 Book five- Labor relations
 Book six- Post-employment
 Book seven- Transitory and Final Provisions
4. Labor Law, defined- body of laws, rules and regulations enacted or
issued by the State to promote the welfare of employees and regulate
their relations with their employers. It also includes all judicial decisions
interpreting said laws, rules and regulations.
5. Labor Legislation and social legislation, distinguished
 Labor legislation-consists of statutes, regulations and
jurisprudence governing the relations between capital and labor,
by providing for employment standards and a legal framework
for negotiating, adjusting and administering those standards and
other incidents of employment.
 Social legislation- include laws that provide particular kinds of
protection or benefits to society or segments thereof in
furtherance of social justice.
 1995 Bar examination- distinguish labor legislation and social
legislation
a. Purpose of labor legislation-to implement the state policies in
the Labor Code and the Constitution
Ex: Art. 3, LC, Art. 2, Sec. 18, and Art 13, Section 3 of the
Consti
 2006 Bar examination- purpose of labor legislation
6. General Classifications of labor statutes:
prescribed by existing laws, rules and regulations and other
issuances relating to wages, hours of work, cost of living
allowances and other monetary and welfare benefits, including
those set by occupational safety and health standards.
b. Social Security Law- those laws that provide for income
security and/or medical care for contingencies such as: sickness,
maternity, invalidity, old age, death of a bread winner,
unemployment, emergency expenses, and employment injuries.
c. Labor Relations Law- defines the status, rights and duties,
and the institutional mechanisms, that govern the individual and
collective interactions of employers, employees or their
representatives. Labor is understood as physical toil although it
does not necessarily exclude the application of skill, thus there
is skilled and unskilled labor.
Concepts of social security, union security and general
classifications of labor statutes
 2004, 2003, 1997 and 1995 Bar examination
7. Police power as basis for labor and social legislation- proper
regulation of a profession, calling, business or trade has always been
upheld as a legitimate subject of a valid exercise of the police power by
the state particularly when their conduct affects either the execution of
legitimate governmental functions, preservation of the State, the public
health and welfare and public morals.
8. Basis of labor laws
a. Constitutional provisions
Art. 2 1987 Constitution
Section 9- The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.
Section 10- The State shall promote social justice in all phases of national
development.
Section 11- The State values the dignity of every human person and
guarantees full respect for human rights.
Section 13- The State recognizes the vital role of the youth in nation-building j. Management prerogatives and those which affect the
and shall promote and protect their physical, moral, spiritual, intellectual, and rights of the employees
social well-being. It shall inculcate in the youth patriotism and nationalism, and  1994 Bar examination
encourage their involvement in public and civic affairs. k. Article XIII, Section 2 described to be not self-actuating

Section 14- The State recognizes the role of women in nation-building, and Art. 2 Date of effectivity
shall ensure the fundamental equality before the law of women and men.
Art. 3 Declaration of basic policy
Section 18- The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare. 1. Declaration of basic policy under the Labor Code
 2009 Bar examination
Section 20- The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments. Art. 4 Construction in favor of labor

Art. 3, Bill of Rights 1. Construction in favor of labor

 2006 Bar examination
Section 1- No person shall be deprived of life, liberty or property without due a. Interpretation of labor legislation/contracts under Art.
process of law, nor shall any person be denied the equal protection of the laws. 1702 of the Civil Code
2. Jurisprudential doctrines on the application of Article 4
Section 4- No law shall be passed abridging the freedom of speech, of  2017 and 2009 Bar examinations
expression, or of the press, or the right of the people peaceably to assemble 3. Jurisprudential doctrines when Article4 of the LC is not
and petition the government for redress of grievances. applicable
4. Concept of management prerogatives
Section 8- The right of the people, including those employed in the public and
a. Criterion to guide in the exercise of management
private sectors, to form unions, associations, or societies for purposes not
prerogatives
contrary to law shall not be abridged.
5. Aspects of management prerogatives
a. Employee selection
 2012, 2011 and 2009 Bar examinations
b. To discipline
b. Civil Code provisions
c. To prescribe reasonable rules and regulations
9. Constitutional principles on labor
 2000 Bar examination
a. Constitutional due process and statutory due process
d. Security of tenure
b. Violation of notice requirement is not a denial of
e. To dismiss an employee
Constitutional due process
f. To characterize employment as no longer necessary and
c. Non-impairment of contracts
to hire
d. Due process and equal protection clause
g. Transfer and promotion of employees
e. Policy of social justice and the protection of working class
h. Outsourcing of business
f. Social justice
 2001 and 1994 Bar examination
g. Social justice and equal protection
i. Productivity standards
 2003 Bar examination
j. Right to demote
h. Protection to labor clause under the 1987 Constitution
k. The right to demote is subject to due process requirement
 1998 and 1996 Bar examinations
l. Grant of bonus
i. Co-determination under the Constitution
 2015, 2014, 2005, 2003, 2002 and 1995 Bar examination
 m. Change of working hours
6. Post-employment ban, non-involvement clause and non-compete
clause
a. On validity of post-retirement competitive employment
ban
b. Non-involvement clause is subject limitations as to time,
trade, and place
 2009 Bar examination
c. Non-compete clause (Good Will clause), a post-
employment civil law matter BOOK FIVE
7. Policy on marital discrimination
a. Validity of policy on relationship with a competitor’s LABOR RELATIONS
employee
TITLE I
b. Test on validity of company policy on marital
discrimination POLICY AND DEFINITIONS
CHAPTER I POLICY
Art. 5 Rules and regulations
Art. 218 Declaration of Policy
1. Rule making power of DOLE
2. Effectivity of rules and regulations 3. Declaration of Policy
4. Codetermination under the 1987 Constitution
Art. 6 Applicability
o 2007, 1995, 1994 Bar Examinations
1. Applicability
Art. 219 Definitions
2. Coverage of civil service
3. Test to determine whether a GOCC is subject to Civil Service Law 2. Conceptual Definitions
a. Corporations governed by the Labor Code
2.1 Under the Labor Code Article 219
b. Corporations governed by the Civil Service Law
o 1990 Bar Examinations
4. Employers with immunity from suit
o 1996 Bar Examinations
 2014 and 1994 Bar examination
o 2011 and 2012 Bar Examinations
a. When immunity from suit is not applicable o 2004 Bar Examinations
5. Exclusions under Article 82 o 2000 Bar Examinations
o 1997, 1992 and 1991 Bar Examinations
Art. 7 Statement of Objectives
o 2004 Bar Examinations
Art. 8 Transfer of lands to tenant-workers o 1991 Bar Examinations
o 2003, 2002, 1996, 1995 and 1994 Bar Examinations
Art. 9 Determination of land value 2.2 Under Rule I, Section I, Book V, Omnibus Rules
Implementing the Labor Code
Art. 10 Conditions of ownership o 1006, 2004, and 2000 Bar Examinations

Art. 11 Implementing agency

TITLE II
 NATIONAL LABOR RELATIONS COMMISSION o 1999 and 1995 Bar Examinations
b. Jurisdiction of LA under Sec 10 of RA 8042 even in the
CHAPTER I absence of EE-ER relationship
o 2009 BAR PART I
CREATION AND COMPOSITION
c. “Reasonable causal connection”rule
d. Meaning of “Reasonable causal connection” rule
Art. 220 NLRC
e. Jurisdictions of regular courts and LA
1. NLRC’s exercise of jurisdiction and functions o 2015, 2014, 2011 and 1996 Bar examinations
1.1 Composition, internal functions of the Commission En o 2015 Bar examinations
Banc and Its Divisions 3. Test on whether a GOCC is subject to Civil Service Law
o 1993 Bar Examination 3.1 Corporations governed by the Labor Code
2. The Chairman 3.2 Corporations governed by the Civil Service Law
3. Commission En Banc Session, Quorom and Vote 4. Employers with immunity from suit
o 2014 and 1994 Bar examinations
Art. 221 Headquarters, Branches and Provincial Extension Units 4.1 When immunity from suit is not applicable
5. Jurisdiction of LA on dispute involving a cooperative member
1. Headquarters, Branches and Provincial Extension 6. Jurisdiction over incidents of a labor dispute
o 2001 Bar examinations
Art. 222 Appointment and Qualifications
7. Jurisdiction of the Labor Arbiters under Art 224
1. Appointment and Qualifications a. ULP
1. ULP, defined
1.1 Qualifications of the Chairman and Other Commissioners
2. Essence of ULP
1.2 Qualifications of Labor Arbiters
3. Aspects of ULP within the jurisdiction of LA
1.3 Tenure
4. Other quasi-judicial body with jurisdiction over ULP
1.4 Appointment
b. Termination disputes
Art. 223 Salaries, Benefits and Other Emoluments 1. Exceptions on LA’s jurisdiction over termination disputes
2. Termination dispute is not grievab;e
1. Rank, Salaries benefits and other emoluments o 2012, 1991 and 1990 Bar examinations
1.1 Chairman and members of the Commission c. Money claims within the O & E jurisdiction of LA
1.2 Labor Arbiters 1. Money claims within jurisdiction of LA
o 2011 Bar examination
CHAPTER II o 2012 and 2004 Bar examinations
2. Jurisdiction of LA under Sec 10 of RA 8042 is not limited
POWERS AND DUTIES
to EE-ER relationships
o 2009 Bar examination
Art. 224 Jurisdiction of the Labor Arbiters and the Commission d. Claims for damages under Art 224
o 2001 Bar examination
1. Original and exclusive jurisdiction of Labor arbiters e. Violation of Article 279, legality of strikes and lockouts
o 2015 and 1995 Bar Examinations f. Wage distortion disputes in unorganized establishments
2. Requirements for LA’s exercise of jurisdiction under Art. 224 o 2012 Bar examination
a. Existence of EE-ER relationship g. Enforcement of compromise agreements
 h. Jurisdiction in case OFWs with CBA 2. Jurisprudential doctrines
8. Proceedings before the LA 2.1 Interpretation of Art 225 (c), as basis of review
8.1 Nature o 2013 Bar examinations
8.2 Prohibited pleadings and motions 2.2 When to deal with indirect contempt in the manner
8.3 Venue and MTD prescribed under Rule 71 of the ROC
8.4 Effect of failure to file MTD 2.3 NLRC to admit evidence submitted for the 1st time on
8.5 Effect of non-appearance of parties appeal
8.6 When to file amendment of complaint/petition 3. Jurisdiction of the Commission
8.7 Submission of position paper and reply o 2015, 2014 and 1995 Bar examinations
8.8 Submission of the case for decision 4. O&E jurisdiction of the Commission
o 2001 and 1990 Bar examination 4.1 Direct and indirect contempt
8.9 Period to decide the case  Procedures on contempt under the 2011 NLRC Rules
8.10 Finality of decision or order and issuance of certificate of a. On direct contempt
finality b. On indirect contempt
8.11 Revival, re-opening of dismissed case and lifting of o 1999 Bar examination
waiver c. Where charge to be filed
9. Jurisprudential doctrine d. How proceedings commenced
9.1 Sec. 4, Rule 7 of ROC does not apply to labor complaints e. Hearing
f. Punsihment for indirect contempt
Art. 225 Powers of the Commission g. How to enforce decision
4.2 Injunction in ordinary labor disputes
1. Powers of the Commission
1. Procedures on injunction in labor disputes under the
a. Rule-making power
2011 NLRC Rules
b. Power to issue compulsory process
a. Basis of the granting preliminary injunction/TRO
c. Power to investigate matters and hear disputes within its
b. Effectivity of preliminary injunction/TRO
jurisdiction
2. Procedures on injunction in ordinary labor disputes
d. Power of contempt
under the Labor Code
1. Direct contempt
a. Kinds of Injunction
2. Penalty for Direct contempt
b. Requirements for issuance of T/Permanent
3. Remedy in case of direct contempt adjudged by a LA
injunction
4. Effect of the NLRC’s judgment on direct contempt
c. When to hold a hearing
e. Power to issue injunction and TRO
d. When to issue a TRO
1. Kinds o injunction
e. Period of TRO
o 1993 and 1992 Bar examinations
f. Requirements for issuance of TRO
2. When to issue T/Permanent injunction
g. Purpose of undertaking with adequate security
o 2015 Bar examinations
h. Undertaking and judgment on same proceedings
3. When to conduct hearing
i. Ordinary remedy by suit at law or in equity
4. Effectivity of TRO
j. Delegation of reception of evidence to the LA
5. Condition for issuance of TRO or temporary injunction
4.3 Injunction in strikes or lockouts under Art 279 of the
6. The undertaking
Labor Code
7. Availing ordinary remedy
a. Procedures on injunction in strikes or lockouts
8. Delegation of reception of evidence to the LA
 b. Hearing; Notice thereof 14. Recovery from the injunction bond
c. Reception of evidence; Delegation 15. No appeal from the order or resolution of the LA
d. Ocular Inspection arising from execution proceedings or other incidents
e. TRO; Requisites 5. Exclusive appellate jurisdiction of the Commission
f. Cash Bond 6. Jurisprudential doctrines
g. Effectivity of TRO 6.1 Exercise of appellate jurisdiction over all cases decided
h. Effects of defiance by LA
i. Ordinary Remedy in Law or in Equity 6.2 Rule on issuance of injunction even withour illegal
4.4 Certified labor disputes under Art 278 of the Labor Code dismissal complaint
Procedures on Certified Labor Disputes
a. Certified Labor Disputes Art. 226 Ocular Inspection
b. Industries indispensable to the national interest
1. Ocular inspection, who conduct and when to conduct
c. Declared policy of certification of labor disputes
2. Where to conduct ocular inspection
d. Effects of Certification according to the Labor Code
e. Effects of Certification according to the 2011 NLRC
Art. 227 Technical rules not binding and prior resort to amicable
Rules, as amended
settlement
f. Effects of defiance of certification order according to
the 2011 NLRC Rules 1. Rules in proceedings before the NLRC/LA
g. Procedure in Certified Cases according to the 2011 1.1 Technical rules not binding and prior resort to AS
NLRC Rules 1.2 NLRC’s/LA’s complete control of the proceedings
h. Execution of Judgment in Certified Case 1.3 Efforts towards AS
4.5 Operational Guidelines Implementing Article 278 of the o 2007 Bar examinations
Labor Code 2. Jurisprudential doctrines
4.6 Extraordinary remedies 2.1 Non-applicability of technical rules is not a license to
Procedure on Extraordinary Remedies under the 2011 disregard rights of ER against unreasonable and/or
NLRC Rules unjustified claims
1. Verified Petition 2.2 Effect of handwritten listings, unsigned and
2. Grounds unauthenticated computer printouts
3. When and where to file 2.3 NLRC/LA are free from rigidity of procedural
4. Requisites of the petition requirements
5. Public and private respondents impleaded in the o 2001 and 1990 Bar examinations
petition
6. Service and filing of petition Art. 228 Appearances and Fees
7. Answer to the petition
8. Opposition to the injunctive relief; when filed 1. When non-lawyers may appear before the NLRC
9. Effect of filing of petition 2. Appearances under 2011 NLRC Rules of Procedure
10. Verified application, issuance of TRO or preliminary o 2014 Bar examinations
injunction; bond 2.1 Effect of appearance of non-lawyer in contravention of
11. Effectivity of TRO or writ of preliminary injunction the NLRC Rules
12. Effect of injunction 2.2 How appearances are made
13. Resolution of petition
 3. Prohibition on charging attorney’s fees, negotiation fees or 12.3 Effect of lack of a proof of security deposit or collateral
similar charges arising from CBA 13. Effect of filing a mere motion to reduce bond
3.1 Where to charge attorney’s fees, negotiation fees or 14. Effect of filing of mere notice of appeal
similar charges arising from CBA 15. When to file answer or reply
o 2007, 1997 and 1993 Bar examinations 16. Effect of failure to file answer/reply
3.2 Effect of contract charging attorney’s fees arising from 17. Effect when appeal is perfected
the CBA 18. Jurisprudential doctrines
4. Jurisprudential doctrines 18.1 When bond is sufficient to perfect an appeal in case of
4.1 Exaction within the category of “similar charge” pending ,motion to reduce bond
4.2 Object and import of Art. 228 (b) 18.2 Filing of a motion to reduce bond shall not stop the period
5. Articles 228 (b) and 111 on attorney’s fees, distinguished to perfect an appeal is not absolute
18.3 Effect of substantial compliance with the rules on appeal
CHAPTER III 19. Effect of filing an appeal
20. Prohibition to appeal an interlocutory order and effect of
APPEAL
frivolous/dilatory appeal
21. Jurisprudential doctrines
Art. 229 Appeal
21.1 Scope of Article 223 of the Labor Code
1. Period of appeal 21.2 Recomputation is not a violation of the principle of
o 2001 Bar examinations immutability of final judgments
1.1 Period to perfect an appeal 22. Reinstatement aspect is immediately executor
1.2 Effect if last day falls on a Saturday, Sunday or holiday o 2012, 2011, 2009 and 1995 Bar examinations
1.3 Extension of time to appeal is prohibited 22.1 Actual reinstatement under the same terms or payroll
2. Grounds to appeal reinstatement
o 2001 Bar examinations o 2013, 2005, 2009 and 1999 Bar examinations
3. Where to file the appeal 22.2 Effect of posting bond on reinstatement
4. Requisites for perfection of appeal 23. Jurisprudential doctrines
5. Jurisprudential doctrines 23.1 Reinstatement under Article 229 shall apply to all
5.1 Effect of failure to furnish appeal memorandum terminations irrespective of the grounds
6. When to post a bond 23.2 Reinstatement aspect under Article 229 will only apply if
6.1 The mandatory nature of posting bond there is a finding of illegal dismissal
6.2 Purpose of appeal bond 24. Mode of review of the NLRC’s decision
o 2001 Bar examinations o 2014 Bar examinations
7. Who issues the surety bond and accompanying documents
Art. 230 Execution of decisions, orders or awards
8. Power of NLRC to blacklist
9. Validity and effectivity of cash or surety bond
1. Execution of decisions, orders or awards
10. Effect if bond is irregular or not genuine
1.1 Who can issue a writ of execution
11. Requirements in a motion to reduce bond
1.2 How issued
12. Jurisprudential doctrines
1.3 When to issue a writ of execution
12.1 Reduction of bond is not a matter of right and its grant is
1.4 Purpose of writ of execution
discretionary to NLRC
1.5 When to designate special sheriffs and take any measure
12.2 “Meritorious cases” as grounds for reduction of bond
2. Execution proceedings under the 2011 NLRC Rules
 2.1 Execution upon finality of decision or order
o2007 Bar examinations
2.2 Execution by motion or by independent action
2.3 Effect of perfection of appeal on execution
2.4 Effect of petition for certiorari on execution
2.5 Pre-execution conference
2.6 Issuance, contents and effectivity a writ of execution
2.7 Enforcement of writ of execution
2.8 Manner of execution of monetary judgement
2.9 Execution of reinstatement pending appeal
2.10 Resolution of motion to quash
2.11 Third party claim
2.12 Sheriff’s return and report
2.13 Designation of special sheriffs
2.14 Effect of reversal of executed judgement
3. Jurisprudential doctrines
3.1 Instances when order of execution can be appealed
o 2007 Bar examinations

Art. 231 Contempt powers of the Secretary of Labor

1. Contempt powers of the Secretary of Labor