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    Labor Law Review Assignment For 1-21-19

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    Clyde Tan
    This document outlines the course content for a Labor Law Review course. It covers fundamental labor law principles and policies under the Philippine constitution and statutes. This includes topics like no work no pay, equal pay for equal work, management prerogative, and burden of proof in labor cases. It also covers recruitment and placement of local and overseas workers, including illegal recruitment, regulation of recruitment agencies, and nationality requirements. The document provides an extensive list of relevant cases and statutes to support the various topics.

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    Labor Law Review Assignment For 1-21-19

    Uploaded by

    Clyde Tan
    93 views4 pages
    This document outlines the course content for a Labor Law Review course. It covers fundamental labor law principles and policies under the Philippine constitution and statutes. This includes topics like no work no pay, equal pay for equal work, management prerogative, and burden of proof in labor cases. It also covers recruitment and placement of local and overseas workers, including illegal recruitment, regulation of recruitment agencies, and nationality requirements. The document provides an extensive list of relevant cases and statutes to support the various topics.

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    Labor Law Review Assignment for 1-21-19

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    This document outlines the course content for a Labor Law Review course. It covers fundamental labor law principles and policies under the Philippine constitution and statutes. This includes topics like no work no pay, equal pay for equal work, management prerogative, and burden of proof in labor cases. It also covers recruitment and placement of local and overseas workers, including illegal recruitment, regulation of recruitment agencies, and nationality requirements. The document provides an extensive list of relevant cases and statutes to support the various topics.

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    93 views4 pages

    Labor Law Review Assignment For 1-21-19

    Uploaded by

    Clyde Tan
    This document outlines the course content for a Labor Law Review course. It covers fundamental labor law principles and policies under the Philippine constitution and statutes. This includes topics like no work no pay, equal pay for equal work, management prerogative, and burden of proof in labor cases. It also covers recruitment and placement of local and overseas workers, including illegal recruitment, regulation of recruitment agencies, and nationality requirements. The document provides an extensive list of relevant cases and statutes to support the various topics.

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    LABOR LAW REVIEW COURSE OUTLINE (2019)

    I. Fundamental Principles and


    Policies

    A. Constitutional and Statutory basis

    1.1987 Constitution
    a. Article II, Secs. 9, 10, 11, 13, 14, 18, 20.
    b. Article III, Secs. 1, 4, 7, 8, 10, 16, 18(2).
    c. Article XII, Secs. 1, 6, 12.
    d. Article XIII, Secs. 1, 2, 3, 13, 14.
    e. Cases:
    a) Tirazona vs. Phil Eds Techno Service, GR No. 169712, 20 Jan.
    2009
    b) Best Wear Garments vs. de lemos, GR No. 191281, 5 Dec. 2012
    c) Jamer vs. NLRC, 278 SCRA 632
    d) Gandara vs. NLRC, 300 SCRA 702 (1998)

    2. Civil Code
    1. Article 19
    2. Article 1700
    3. Article 1702

    3. Labor Code

    Books I, II, III, IV, V, VI and VII and the implementing Rules
    Department Orders issued by the DOLE Secretary

    B. Concept of Shared Responsibility


    1. Philippine Airlines vs NLRC 225 SCRA 301 (1993)

    C. Preference for Labor ; Liberal interpretation


    1. Fuentes vs. NLRC, 266 SCRA 24, (1997)
    2. PLDT vs NLRC 276 SCRA 1 (1997)

    D. Application of technical rules: Burden of Proof

    1. Technical rules not binding


    i) MERALCO v. Jan Carlo Gala; GRs 191288 & 191304 (2012)
    2. Doubts
    i) in employment contract interepretation
    * Price vs Innodata Phil - GR No. 178505 Sept 30, 2008
    ** Marcopper Mining vs NLRC 255 SCRA 322 (1996)
    ii) in appreciation of evidence
    *Asuncion vs NLRC 362 SCRA 56 (2001)
    iii) in application of policies and programs
    * PNCC vs NLRC 277 SCRA 91 (1997)
    3. Burden of Proof
    i) In illegal dismissal cases

    * Gurango vs Best Chemicals GR No. 174593, August 25, 2010


    * Labadan vs Forest Hills GR No. 172295 December 23, 2008
    * Watchman vs Lumahan GR No. 212096 October 14, 2015
    * Penaflor vs Outdoor Clothing GR No. 177114 April 13, 2010

    *Vicente vs CA and Cinderella Marketing GR No. 175988 August 24, 2007

    ii) in money claims and labor standard cases


    * Abduljuahid Pigcaulan v. Security and Credit Investigation, Inc.; GR
    173648 (2012)

    E. No Work No Pay
    1. Aklan Electric Cooperative vs NLRC 323 SCRA 258 (2000)
    2. Lao Construction vs NLRC 278 SCRA 716 (1997)
    3. Imbuido vs NLRC 329 SCRA 357 (2000)

    F. Equal Day for Equal Work


    1. Internation School vs Quisumbing 333 SCRA 13 (2000)

    G. Last in First out


    1. Maya Farms Employees Organization vs NLRC 239 SCRA 508 (1994)

    H. One Company – One Union


    1. Philtranco Services Enterprises vs BLR 174 SCRA 388 (1989)

    I. Four Fold Test


    1. Cesar Lirio (Celkor Ad Sonicmix) v. Wilmer Genovia; GR 169757 (2011)

    2. Marticio Semblante and Dubrick Pilar v. CA, Gallera de Mandaue and Spouses Loot;
    GR 196426 (2011)

    J . Management Prerogative

    1. De Lassale University vs De la Salle University Employees Association 330


    SCRA 363 (2000)
    2. San Miguel Brewery Sales Force Union (PTGWO) vs Ople GR No. 53515
    (1989) 170 SCRA 25 (1989)
    2. Capitol Medical Center vs Meris GR No. 155098 (2005) 470 SCRA 125
    (2005)
    3. Manila Pavillion vs Delada GR No. 189947 (2012)
    4. Blue Dairy Corporation vs NLRC 314 SCRA 401 (1999)
    5. Almodiel vs NLRC 223 SCRA 341 (1993)
    6. Interphil Laboratories (FFW) vs Interphil – 372 SCRA 658 (2001)

    II. Recruitment and Placement

    A. Recruitment of local and migrant workers


    1. Illegal recruitment (Sec. 5, R.A. No. 10022)
    a) License vs. authority. Definition of terms. (Article 13 Labor Code)
    b) Essential elements of illegal recruitment
    * People vs Angeles GR No. 132376
    April 11, 2002
    * People vs Ong GR No. 119594
    January 18, 2000

    c) Simple illegal recruitment

    d) Illegal recruitment in large scale

    e) Illegal recruitment as economic sabotage

    f) Illegal recruitment vs. estafa


    *People vs Calonzo GR No. 115150
    September 27, 1996)

    g) Liabilities
    (i) Local recruitment agency
    (ii) Foreign employer
    (a) Theory of imputed knowledge
    (iii) Solidary liability
    h) Pre-termination of contract of migrant worker
    *Serrano vs Gallant Maritime Sevices GR No. 167614 March 24,
    2009)
    2. Direct hiring (article 18 Labor Code)
    * Name hirees
    3. Contractual nature of overseas employment
    * Millares vs NLRC GR No. 110524 July 29, 2002;
    * Santiago vs CF Sharp GR No. 162419 July 10, 2007
    4. Minimum terms and conditions of Overseas Employment Contract

    B. Regulation and enforcement


    1. Suspension or cancellation of license or authority (Art. 35, Labor Code)
    2. Regulatory and visitorial powers of the DOLE secretary
    3. Remittance of foreign exchange earnings (Article 22 Labor Code)
    4. Prohibited activities (Article 34 and Article 38 Labor Code; RA 8042 Sec
    6)
    C. Jurisdiction of POEA and Labor Arbiter (RA 8042 Section 10,

    D. Repatriation of Workers (Section 15, RA 8042)


    * Equi Asia Placement Inc vs DFA and DOLE – GR No. 152214 September 19,
    2006

    E. Nationality requirements (Article 27 Labor Code)

    F. Hiring of Foreign nationals for Domestic employment (Artic 40 and article 41


    Labor Code)

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