Syllabus in Labor Standards
Syllabus in Labor Standards
Syllabus in Labor Standards
I
INTRODUCTION TO LABOR STANDARDS
(3 hours)
1. General Provisions
A. An Overview of the Labor Code
a. Important Definitions and Distinctions: Labor, Labor Standard Laws,
Labor Relations Law and Social Legislation
B. Declaration of Basic Policy
a. Constitutional Provisions
b. Social Justice
Calalang vs. Williams 70 Phil 726
C. Alcantara and Sons vs. CA, et al, September 29, 2010
Milan et. Al. vs. NLRC, February 4, 2015
Samahan ng mga Mangagawa sa Hyatt vs. Magsalin, June 6, 2011
Coca-Cola Bottlers Philippines vs. Daniel, June 21, 2005
Dongon vs. Rapid Movers, August 28, 2013
Automotive Engine vs. Progresibong Unyon, July 13, 2011
C. Construction in Favor of Labor
a. MERALCO vs. NLRC, G.R. No. 78763, July 12, 1989
b. Colgate Palmolive Philippines vs. Ople, G.R. No. 73681, June 30, 1988
c. Insular Hotel Employees Union vs. Water Front, September 22, 2010
d. Sanchez vs. Harry Lyons Construction, October 19, 1950
e. Philippine National Construction Corporation vs. NLRC, August 11, 1997
D. Management Rights
a. San Miguel Brewery Sales vs. Ople, February 8, 1989
E. Effectivity of Rules and Regulations
a. Philsa International Placement, April 4, 2001
b. PASEI vs. Drilon, June 30, 1988
c. CBTC Employees Union vs. Clave January 7, 1986
F. Applicability of the Labor Code
a. Juco vs. NLRC, August 18, 1997
II
PRE-EMPLOYMENT
(6 hours)
III
CONCEPT OF EMPLOYER-EMPLOYEE RELATIONSHIP
(3 hours)
IV
LEGITIMATE LABOR CONTRACT AND LABOR-ONLY CONTRACT
(3 hours)
1. Preliminary Matters
A. Manila Water vs. Dalumpines et al., October 2, 2010
B. Babas vs. Lorenzo Shipping Corporation, December 15, 2010
C. Spic n Span Services vs. Paje, August 25, 2010
2. Trilateral Relationship Created
A. Rosewood Processing Incorporated vs. NLRC, May 21, 1998
B. MERALCO vs. NLRC, March 14, 2008
3. Distinctions and other forms of Prohibited Labor Contracting
4. Elements of Legitimate Labor Contracting and Labor-Only C ontracting
A. Oregas vs. NLRC, July 21, 2008
B. Ushio Marketing vs. NLRC, August 28, 1998
C. Alilin vs. Petron Corporation, June 9, 2014
5. Illustrative Cases
A. Tabas et al. vs. California Manufacturing Company, January 26, 1989
B. Escario vs. NLRC , June 8, 2000
C. Neri vs. NLRC, July 23, 1993
D. Rhone-Poulenc vs. NLRC, January 19, 1993
E. Mafinco vs. Ople, March 25, 1976
F. PAL vs. Ligan, February 29, 2008
6. Posting of Bond
A. Baguio vs. NLRC, October 4, 1991
V
HUMAN RESOURCES DEVELOPMENT
(3 hours)
VI
WORKING CONDITIONS FOR SPECIAL GROUP OF EMPLOYEES
(3 hours)
1. Employment of Women
A. Nightwork Prohibitions and its exceptions
B. Discrimination
C. Stipulations against Marriage
a. Star Paper Corporation vs. Simbol, April 12, 2006
b. Duncan vs. Glaxo, September 17, 2004
c. PT&T vs. NLRC, May 23, 1997
d. Evelyn Chua Qua vs. Clave, August 30, 1990
e. Olympia Gualberto et al. vs. Marinduque Mining, June 28, 1978
D. Anti Sexual Harassment Act or RA 7877
2. Employment of Minors
A. Minimum Employable age and its Exceptions
B. Hours of Work of a Working Child
3. Employment of Househelpers
A. Salient Provisions of the Kasambahay Law under RA 10361
B. Definition and Illustrations
a. Apex Mining vs. NLRC, April 22, 1991
b. Cunjao vs. Chua Lo Tan, September 29, 1962
C. Minimum Wage
D. Benefits accorded to Househelpers
a. Article 1689-1699 of the New Civil Code
E. Termination and reliefs for Unjust Termination
VII
WORKING CONDITIONS AND REST PERIODS
(6 hours)
VIII
LEAVES
(3 hours)
1. Leaves:
A. Service Incentive Leave (Article 95, Labor Code)
B. Sick Leave and Vacation Leave
C. Solo Parent Leave (R.A. 8972)
D. Maternity Leave (R.A. No. 8282)
E. Paternity Leave (R.A. No. 8187)
F. Leave for Victims of Violence against Women and their Children (RA 9262)
G. Special Leave for Women (RA 9710)
H. Cases:
a. Murillo vs. Sun valley, June 30, 1988
b. Republic Planters Bank vs. NLRC, January 6, 1997
c. Cuajao vs. Cua Lo Tan, September 29, 1962
d. Davao integrated vs. Abarquez, March 19, 1993
e. Singapore Airlines Local Employees Association vs. NLRC, et al, July 16,
1984
IX
WAGES
(3 hours)
1. Remuneration or Earnings
A. Definitions and Distinctions
a. Legend Hotel vs. Realuyo, July 18, 2012
b. Gaa vs. CA, December 3, 1985
c. Republic vs. NLRC, Jauary 6, 1997
B. Bonus
a. Producers Bank vs. NLRC, March 28, 2001
b. Marcos vs. NLRC, September 8, 1995
c. Traders Royal Bank vs. NLRC, August 30, 1990
C. 13th Month Pay
a. National Federation of Sugar Workers vs. Orejera, 114 SCRA 354 (1982)
b. Universal Corn vs. NLRC, August 21, 1987
c. Deutsch Manufacturing vs. NLRC, April 19, 1989
d. Kamaya vs. NLRC, August 31, 1989
D. Productivity Incentives under RA 6971
2. Capable of being expressed in terms of money
A. Payment by Legal Tender under Article 102 of the Labor Code
a. Congson vs. NLRC, April 5, 1995
B. Exceptions to payment by Legal Tender
a. National Federation of Labor vs. CA, October 19, 2004
C. Time of Payment of wages under Article 103 of the Labor Code
D. Place of Payment under of wages Article 104 of the Labor Code
E. Direct Payment of wages under Article 105 of the Labor Code
3. Whether fixed or ascertained on a time, task, piece or commission basis or
other method of computing the same
A. Service Charges under Article 96 of the Labor Code
a. Maranaw Hotels and Resort Corporation vs. NLRC, February 23, 1999
B. Piece Rate Workers under Article 103 of the Labor Code
C. Commissions
a. Songco vs. NLRC, March 23, 1990
b. Soriano vs. NLRC, 155 SCRA 124
c. Philippine Duplicators Inc. vs. NLRC, February 15, 1995
d. Boie Takeda Chemicals vs. Dela Serna, December 10, 1993
4. Under a written and unwritten contract of employment for work done or to be
done or for services rendered or to be rendered
A. Fair Day’s wage for a fair day’s labor
a. Aklan Electric Coop. vs. NLRC, January 25, 2000
B. Equal Pay for Equal Work
a. International School Alliance of Educators vs. Quisimbing, June 1, 2000
C. Rule on Worker’s preference in case of bankruptcy under Article 110 of the
Labor Code
a. PCIB vs. NAMAWU-MIF, August 19, 1982
b. DBP vs. Santos, March 8, 1989
c. Barrayoga vs. Asset Privatization Fund, October 24, 2005
d. DBP vs. NLRC, January 9, 1994
e. Rubberworld Inc. vs. NLRC, July 26, 2000
5. Includes the fair and reasonable values as determined by the Secretary of
Labor, of board, lodging or other facilities customarily furnished by the
employer to the employee.
A. Facilities distinguished from Supplements
a. State Maritime vs. Cebu Seaman’s Association, February 28, 1963
b. Mabeza vs. NLRC, April 18, 1997
c. Atok Big Wedge, 97 Phil 294
X
MINIMUM WAGE, PROHIBITIONS REGARDING WAGES,
WAGE FIXING AND WAGE DISTORTIONS.
(3 hours)
1. Minimum Wage
A. Concept of Minimum Wage
a. Del Rancho vs. Ilagan January 2, 1968
b. Manila Fashions vs. NLRC, November 13, 1996
B. Applicability and Exemptions
2. Prohibitions regarding Wages
A. Non-Diminution Rule under Article 100 of the Labor Code
a. National Sugar Refineries Corporation vs. NLRC, March 24, 1993
b. Globe Mackay Cable vs. NLRC, June 29, 1988
B. Non-interference in disposal of wages under Article 112 of the Labor Code
C. Unauthorized wage deductions under Article 113 of the Labor Code
D. Unauthorized deposits for loss or damages under Articles 114 and 115 of
the Labor Code
a. Five J Taxi, etc vs. NLRC, August 22, 1994
E. Prohibited Withholding of Wages and Kickbacks under Article 116 of the
Labor Code
F. Deduction to ensure employment under Article 117 of the Labor Code
G. Retaliatory Measures under Article 118 of the Labor Code
3. Wage fixing
A. Wage Orders
B. Criteria for minimum wage fixing
C. Procedure for wage fixing
a. Cagayan Sugar Milling Co. vs. Secretary of Labor, January 15, 1998
b. Nasipit Lumber Co. vs. NWPC, et al., April 27, 1998
D. Frequency of a Wage Order
E. Penalty for Violation
4. Wage Distortion
A. Elements of Wage Distortion
a. Alliance Trade Unions vs. NLRC, February 17, 2004
b. Prubankers Association vs. Prudential Bank, January 25, 1999
B. Distortion Adjustment Formula
a. Metropolitan Bank and Trust Company Employees Union vs. NLRC,
September 10, 1993
C. Procedure for correction of a wage distortion
D. Wage Distortion as a ground for strike
a. Ilaw at Buklod ng Manggagawa vs. NLRC, June 27, 1991
XI
HEALTH SAFETY AND SOCIAL WELFARE BENEFITS
(9 hours)
The above Outline is merely a guide for class discussions. The student is
expected to master the legal provisions of the law and digest the cases as cited above.
The undersigned mentor is expected to add more case law regarding a particular subject
matter as the need arises. The Book of C.A. Azucena, Jr. is highly recommended.