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Labor Standards: I. Fundamental Principles and Concepts

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LABOR STANDARDS

I. FUNDAMENTAL PRINCIPLES AND CONCEPTS


A. Legal Basis
1. 1987 Constitution (State policies, Bill of Rights & Social Justice)
GENA
2. Articles 1700 and 1702, Civil Code
B. Construction in favor of labor
C. Social Justice

II. RECRUITMENT AND PLACEMENT


A. Illegal Recruitment
1. Elements
2. Prohibited Activities
3. Types of illegal recruitment
4. Illegal recruitment versus estafa
BIEN
5. Liability of Local recruitment agency and Foreign employer
a. Solidary Liability
b. Theory of imputed knowledge
6. Termination of contract of migrant worker without just or valid cause
7. Direct hiring
B. Regulation of Recruitment and Placement Activities
C. Employment of Non-resident Aliens
D. Training and Employment of Special Workers
MARRIEL 1. Apprentices and Learners
2. Disabled Workers
a. Equal opportunity
b. Discrimination on employment
III. LABOR STANDARDS
A. Conditions of employment
1. Scope
2. Hours of Work
a. Principles in determining hours worked
b. Normal hours of work
i. Compressed work week
ii. Power interruptions/brownout JESSAMYN
c. Meal Break
d. Waiting time
e. Overtime
f. Night shift differential
g. Rest periods
h. Holiday pay, 13th month pay
i. Service Charge
B. Wages
1. Wage versus salary
2. Payment of wages
3. Facilities versus supplements
4. Non-diminution of benefits
5. Prohibitions regarding wages
6. Wage order, Wage Distortion GRACE
C. Leaves
1. Service Incentive Leave
2. Maternity Leave
3. Paternity Leave
4. Parental Leave for solo parents
5. Special Leaves for women workers (Magna Carta for Women)
D. Special Groups of Employees
1. Women
a. Discrimination
b. Stipulation against marriage
c. Prohibited acts ROSE ANNE
d. Sexual Harassment
2. Minors
3. Kasambahay
4. Homeworkers
5. Night Workers
IV. POST-EMPLOYMENT
A. Employer-employee relationship
1. Tests to determine employer-employee relationship
2. Kinds of employment
3. Subcontracting versus Labor-Only Contracting MARIUS
a. Elements
b. Trilateral relationship
c. Solidary Liability
B. Termination of Employment
1. Termination by Employee
a. Resignation versus Constructive Dismissal
2. Termination by Employer
a. Just Causes
b. Authorized Causes CHARLENE
c. Due Process
1. Twin-notice requirement
2. Hearing; Ample opportunity to be heard
3. Reliefs for Illegal Dismissal
4. Preventive Suspension
C. Retirement

V. MANAGEMENT PREROGATIVE
A. Discipline
B. Transfer of employees
C. Productivity Standard
AUGUST
D. Bonus
E. Change of working hours
F. Marriage between employees of competitor-employers
G. Post-Employment Ban

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