Republic of the Philippines

DON HONORIO VENTURA STATE UNIVERSITY

SCHOOL OF LAW
Villa De Bacolor , Pampanga
A.Y. 2024-2025

COURSE SYLLABUS
LABOR LAW AND SOCIAL LEGISLATION
About the Subject: A Study of social legislation laws with a particular focus on labor
rights and welfare. The course also touches on important provisions and
jurisprudence on labor standards and relations under the Labor Code and special
laws, as well as an introduction in the Rules of Procedure of the National Labor
Relations Commission.
The Course also surveys social justice legislation to highlight the special protections
for vulnerable sectors, key principles of agrarian reform laws, and welfare laws such
as SSS and GSIS laws.

Credit: 5 units
Pre-requisite: Constitutional Law II

Resources:
• Labor Code and its implementing rules
Please use the latest Codal
• Recent DOLE Department Orders
• Rules of Court
• Jurisprudence
Recommended book:
Labor Laws and Social Legislations, A Barrister’s companion
2023 Edition Cecilio D. Duka

Grading system: 30% class standing (15% quiz, 15% oral recitation/asynchronous)
30% Midterm examination
40% Final examination,
Total: 100%

Called to recite but Absent, 60%

Score for asynchronous activity is equivalent to a grade for oral recitation
Called to recite but unable to Answer properly, 70%

PART I. GENERAL PROVISIONS & PRE-EMPLOYMENT

Introduction
A. International Labor Organization Ratifications
B. Constitutional Provisions
Article II, Secs. 9, 10, 18, 20
Article III, Secs. 4, 8, 10, 16, 18
Article XIII, Secs. 2, 3, 13, 14

C. Civil Code
Articles 1700 to 1703
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 D. Labor Code
Articles 3, 4, 166, 211, 212, 255, 277

What is Social Justice (Calalang vs. Williams)

Applicability of the Labor Code

PART II. RECRUITMENT OF LOCAL & MIGRANT WORKERS

***R.A. 11641
***Art. 34, LC

Parties:
Worker
Migrant worker or Overseas Filipino worker
Private employment agency
Private Recruitment entity
License/Authority

Definition of recruitment and Placementr

Regulatory Authorities:
Department of Migrant Workers
Regulatory and visitorial powers of the DMW Secretary
Revised Philippine Overseas Employment Administration (POEA) Rules and
regulations Governing sthe Recruitment and Employment of Land based
Overseas Filipino Workers

Ban on Direct hiring

llegal recruitment
Illegal Recruitment and Placement of local and migrant workers
Simple illegal recruitment Illegal recruitment in large scale
Illegal recruitment as economic sabotage
Prohibited Activities on Licensees/Holders of Authority (Art. 34 LC)
Illegal recruitment vs. estafa
Liabilities
Solidary liability
Termination of contract of migrant worker without just or valid cause
Theory of imputed knowledge

• Sunace International Management Services Inc. v NLRC, GR No.

161757 (2006)
Department Order No. 221-2021 (Revised Rules and Regulations for the
Issuance of Alien Employment Permits to Foreign Nationals)

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 LABOR STANDARDS

PART III. CONDITIONS OF EMPLOYMENT

Covered Employees; Exceptions
-Labor Code, Art. 82;
-Omnibus Rules Implementing the Labor Code, Book III, Rule I, secs. 1-2

A. Hours of work
Normal hours of work
-Labor Code, arts. 83-84.
-Omnibus Rules Implementing the Labor Code, Book III, Rule I, secs. 3-4

The Bunkhouse Rule

Personal Comfort doctrine

Meal periods
-Labor Code, art. 85
-Omnibus Rules Implementing the Labor Code, Book III, Rule I, sec. 7

Night-shift
-Labor Code, art. 86;
-Omnibus Rules Implementing the Labor Code, Book III, Rule II, secs. 1-6

Overtime work
-Labor Code, arts. 87-90;
-Omnibus Rules Implementing the Labor Code, Book III, Rule I, secs. 8-10
-Compressed work week
-Built in overtime

Non-compensable hours; when compensable

-Meal Break
-Power interruptions or brownouts
-Idle time
-Travel Time
-Commuting time
-Waiting time
B. Rest periods
-Labor Code, arts. 91-93;
-Omnibus Rules Implementing the Labor Code, Book III, Rule III, secs. 1-9

C. Holidays
-Labor Code, art. 94;
-Omnibus Rules Implementing the Labor Code, Book III, Rule IV, secs. 1-11

List of Regular and Special Holidays

-Republic Act No. 9492 (2006)

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-Republic Act No. 9849 (2006)
-R.A. No. 10966 (2017)
-Presidential Proclamation 368 (October 2023)
-Labor Advisory No. 14 Series of 2024

13th month pay Presidential Decree No. 851, as amended

-DOLE Labor Advisory 18 series of 2018

D. Leaves
Service Incentive Leaves
Labor Code, art. 95;
Omnibus Rules Implementing the Labor Code, Book III, Rule V, secs. 1-6

Leaves under Special Laws

a. Expanded Maternity Leave – R.A. No. 11210
b. Paternity Leave – R.A. No. 8187, as amended by R.A. No. 11210
c. Solo Parent Leave – R.A. No. 8972, as amended by R.A. No. 11861
d. Gynecological Leave – Section 18 R.A. No. 9710
e. Battered Woman Leave – R.A. No. 9262

E. Service charges
-Labor Code, art. 96;
-Omnibus Rules Implementing the Labor Code, Book III, Rule VI, secs. 1-7;
-R.A. No. 11360;
-DOLE D.O. No. 206-19;
-DOLE L.A. No. 14-19

PART IV. WORK ARRANGEMENTS TO OSHS

Compressed work week, flexible work arrangement, alternative work arrangements,

telecommuting program –
-DOLE D.A. No. 02-04;
-DOLE D.A. No. 02-09;
-DOLE D.A. No. 04-10;
-R.A. No. 11165, secs. 3-5

F. Wage
G. Principles
H. a. No work, no pay
I. b. Equal pay for equal work/Equal Pay for Work of Equal Value
J. c. Fair day’s wage for a fair day’s work
K. d. Non-diminution of benefits
-RA 6727 (1989)
-Wage vs. Salary
Minimum Wage
-payment of hours worked
-payment by result

-Latest Wage Order from http://www.nwpc.dole.gov.ph/

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-Facilities v. Supplements
-Fringe Benefits
-Payment of Wages
-Prohibitions regarding Wages
-Wage Distortion : concept
-Non-Diminution of benefits

G. Occupational Safety and Health Standards Law

R.A. No. 11058, secs. 4-6, 8, 12 and 19

Supplemental Guidelines on the Implementation of the Mental Health Policy and

Program in the Workplace, Labor Advisory No. 19, September 15, 2023
PART V. SPECIAL GROUPS OF EMPLOYEES
Women
R.A. 9710
R.A. 10151
Labor Code, Arts. 132-136,
Discrimination
Stipulation against marriage
Pregnancy – R.A. No. 10354, sec. 23(c)
Prohibited acts
Safe Spaces Act Article IV (R.A. No. 11313)
Sexual Harassment in the work environment(R.A. No. 7877)

Minors
R.A. No. 9231
DOLE Department Advisory No. 01-08 (2008)
Department Order No. 149, Series of 2016 (Guidelines in Assessing and Determining
Hazardous Work in the Employment of Persons Below 18 Years of Age)

Kasambahays
R.A. No. 10361

Homeworkers
Labor Code, Arts. 153-155

Night Workers
-RA 10151

Apprentices and Learners

Labor Code, arts. 58-60 and 73-74

Persons with Disabilities

R.A. No. 7277 amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10524
Discrimination
Incentives for employers

Other Discriminatory Practices

Age – R.A. No. 10911
Illness – DOLE D.A. No. 05-10;

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DOLE D.O. No. 73-05
Solo Parents – R.A. No. 8972, as amended by R.A. No. 11861, sec. 7
Persons with Disability – R.A. No. 7277, as amended

PART VI. SOCIAL WELFARE BENEFITS & MANAGEMENT PREROGATIVE

SSS Law (R.A. No. 8282, as amended by R.A. No. 11199)
1. Benefits; Coverage and Exclusions
2. Dependents and Beneficiaries

GSIS Law (R.A. No. 8291)

1. Benefits; Coverage and Exclusions
2. Dependents and BenefIciaries
C. Limited Portability Law (R.A. No. 7699)
D. Disability and Death Benefts; Labor Code and Civil Code

Seafarers
2016 Revised POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers
2010 POEA Standard Terms and Conditions Governing the Overseas Employment of
Filipino Seafarers On-Board Ocean-going ships
Article 198 LC

POEA Standard Employment Contract

• B. B. vs. Career Philippines Shipmanagement, Inc., Columbia
Shipmanagement Ltd. et.al., G.R. No. 224127, August 15, 2018
• Elburg Shipmanagement Phils., Inc. v. Quiogue, G.R. No. 211882, July 29,
2015

MANAGEMENT PREROGATIVE

Post-employment Restrictions
• Rolando C. Rivera v Solidbank Corporation, G.R. No. 163269, April 9, 2006
• Daisy B. Tiu v Platinum Plans Inc., G.R. No. 163512, Feb 28, 2007
A. Occupational Qualifications
• Yrasuegui vs. Philippine Airlines, Inc., 569 SCRA 467 , October 17, 2008
• Duncan vs. Glaxo Wellcome G.R. No. 162994, September 17, 2004
• Star Paper Corporation vs. Simbol, 487 SCRA 228, April 12, 2006
B. Productivity Standards
C. Change of Working Hours
D. Transfer of Employees
• Automatic Appliances Inc v Deguidoy, G.R. No. 228088, December 4, 2019
E. Discipline of Employees
• Manalo v Ateneo de Naga University, G.R. No. 18558, November 9, 2015
F. Grant of Bonuses and Other Benefits
G. Clearance Process

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 PART VII. POST-EMPLOYMENT
***Article 106 to Article 109 of the Labor Code
***DOLE Department Order No. 147-15 (2015)
***Department Order No. 174, Executive Order No. 51, Department Circular 1 s.
2017

Employer-employee relationship
Tests to determine employer-employee relationship
Definition
Burden of proving employer-employee relationship
Piercing the corporate veil
Cases involving Television broadcasters

Independent Contractor – Bilateral Relations

Legitimate subcontracting vs Labor-Only Contracting
a) Elements
b) Trilateral Relationship
c) Solidary Liability
• Monsanto Philippines, Inc. v NLRC, G.R. No. 230609-10, August 27, 2020
Kinds of employment
a) Probationary
b) Regular
c) Project employment
d) Seasonal
e) Casual
f) Fixed-term
g) Security Guards
h) Floating Status

PART VIII. TERMINATION OF EMPLOYMENT

Termination of Employment by Employer

Just Causes – Labor Code, art. 297; DOLE D.O. No. 147-15
Authorized Causes – Labor Code, arts. 298-299; DOLE D.O. No. 147-15
Due Process Requirements – Labor Code, art. 292 (b); DOLE D.O. No. 147-15
Twin-notice requirement
Hearing; meaning of ample opportunity to be heard
• King of Kings Transport v Mamac, GR No. 166208 (2007)

Termination of Employment by Employee

Resignation vs. Constructive Dismissal – Labor Code, art. 300
Abandonment
Preventive Suspension (Omnibus Rules Implementing the Labor Code, Book V, Rule
XIV, secs. 3-4)
Reliefs from Illegal Dismissal (Labor Code, art. 294)
Retirement (Republic Act No. 10757 (2016)
Money claims arising from employer-employee relationship
• Claret School of Quezon City v Sinday, G.R. No. 226358, October 9, 2019

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 LABOR RELATIONS

PART IX. CONSTITUTIONAL PRINCIPLES & RIGHT TO SELF-ORGANIZATION

A. Constitutional Principles of Distributive and Social Justice
ART. II (State Policies) Sec. 9;
ART. III, Secs. 1 and 8;
ART. XII (National Economy and Patrimony), Secs. 1, 6, and 12
ART. XIII (Social Justice & Human Rights; Labor), Secs. 1 & 3

Amendments to Book V of Labor Code

***R.A. No. 6715
Amendments to the IRR of Book V:
***DOLE Department Order No. 9, Series of 1997
***DOLE Department Order No. 40, Series of 2003
***Republic Act No. 9481, 25 May 2007

B. Right to Self-Organization
Employer - Employee Relationship
• La Suerte Cigar and Cigarette Factory v. Director of Bureau of Labor
Relations, 123 SCRA 679, (1983)
• Holy Child Catholic School v Sto. Tomas, G.R. No. 179146, July 23, 2013
• NUWHRAIN Manila Pavilion Chapter v Secretary, G.R. No. 181531, July 31,
2009
Coverage and Eligibility for Membership; Exceptions – Labor Code, arts. 253-255;
DOLE D.O. No. 40-03, Rule II, secs. 1-2
Managerial, Supervisory
• De La Salle University Medical Center and College of Medicine v Laguesma,
G.R. No. 102084, Aug. 12, 1998
• Atlas Lithographic vs. Usec Laguesma, 205 SCRA 12
Non-Abridgement of the Right to Self-organization
• UST Faculty Union v. Bitonio, 318 SCRA 185
Government Employees
-Employees of Government-Owned and Controlled Corporations with Original
Charters
-PSLMC Resolution 13, s.2023: 2024 Rules and Regulations Governing the Exercise
of the right of government Employees to Organize

Art. 254 (244), Labor Code of the Philippines

• Arizala v. Court of Appeals, 189 SCRA 584 (1990)
• Camporedondo v. NLRC, G.R. No. 129049, 6 August 1999
Members of a Cooperative; Collective Bargaining vs. Joining Unions
• Benguet Electric Cooperative vs. Caleja, 180 SCRA 740

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 • Republic of the Philippines represented by SSS vs. AsiaPro Cooperative,
G.R. No. 172101, 23 Nov 2007
Alien Employees
Section 2, Rule II, Dept. Order No. 9 [1997]

PART X. MANAGERIAL EMPLOYEES AND MIXED MEMBERSHIP

Managerial Employees
Art. 219 (212) [m], Labor Code of the Philippines
Art. 255 (245), Labor Code of the Philippines as amended by R.A. 9481
DOLE Dept. Order No. 9, Rule II, Sec. 2;
DOLE Dept Order 40, R1 S1(hh)
• Sim vs. NLRC, G.R. No. 157376 October 2, 2007
Confidential Employees: Doctrine of Necessary Implication
Are the employees in these cases confidential employees? Why?
• Philips Industrial Development vs. NLRC, G.R. No. 88957. June 25, 1992
• Golden Farms, Inc., vs. Ferrer-Calleja, G.R. No. 78755 July 19, 1989
• Golden Farms vs. Sec. of Labor, 234 SCRA 517
• Sugbuanon Rural Bank vs. NLRC, 324 SCRA 425 [2000]
• Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery vs. Asia Brewery,
G.R. No. 162025, 03 August 2010.
• De la Salle Univ. vs. DLSU-Employees Assn., G.R. No. 109002 April 12,
2000
• San Miguel Cor. Supervisory and Exempt Employees Union vs. Laguesma,
277 SCRA 370 [1997]

C. Mixed Membership in the Bargaining Unit

***DOLE D.O. No. 40-03, Rule I
***Labor Code, Art. 255- 256

Bargaining Representative
a. Commingling or Mixed Membership
b. Inclusion as Members of Employees Outside the Bargaining Unit

Evolution into the Doctrinal Rulings on Mixed Membership.

• Toyota Motor Philippines v. Toyota Motor Philippines Corporation Labor
Union, G.R. No. 121084, Feb. 19, 1997, 268 SCRA 573
IN RELATION TO Toyota Motor Philippines Corporation Labor Union v.
Toyota Motor Philippines Corporation Employees and Workers Union,
Toyota Motor Philippines Corporation, G.R. No. 135806, Aug. 8, 2002
Tagaytay Highlands International Golf Club Inc. v Tagaytay Highlands
Employees Union - PGTWO, G.R. No. 142000, Jan. 22, 2003
Section 9 of R.A. 9481 has inserted the new rule: Excluded Members
Automatically Removed by Operation of Law

• San Miguel Corporation [Mandaue Packaging Products Plants] v Mandaue

Packaging Products Plants – San Packaging Products- San Miguel

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 Corporation Monthlies Rank-and-File Union –FFWW (MPPP-SMPP-
SMAMRFU-FFW), G.R. No. 152356, Aug. 16, 2005;
• In Re: Petition for Cancellation of the Union Registration of Air Philippines
Flight Attendants Association, Air Philippines Corp. v BLR, G.R No. 155395,
June 22, 2006;
• Republic of the Philippines, Represented by DOLE v. Kawashima Textile
Mfg., Philippines, Inc., G.R. No. 160352, July 23, 2008
• Samahang Manggagawa sa Charter Chemical Solidarity of Unions in the
Philippines for Empowerment and Reforms (SMCC-SUPER) v Charter
Chemical Coating Corporation, G.R. No. 1697171, March 16, 2011

PART XI. HOW TO BECOME A SOLE & EXCLUSIVE BARGAINING

REPRESENTATIVE
Registration of Unions
Cancellation of Registration
Labor Code, arts. 240, 241, 245 and 247

Certification and Consent Election

***DOLE D.O. No. 40-03, Rules VII and VIII, as amended
***DOLE D.O. 40-I-15 (2015),
***DOLE D.O. No. 40-J-22
Sole and Exclusive Bargaining Agent (SEBA)
(DOLE D.O. No. 40-03, Rule I, Sec. 1(u));
Modes to Acquire Status (DOLE D.O. No. 40-I-15)
DOLE D.O. No. 40-03, Rule I, Sec. 1, as amended

Requirements Procedure for:

- SEBA Certification
DOLE D.O. No. 40-J-22
-Petition for Certification, Consent Election
DOLE D.O. No. 40-03, DOLE D.O. 40-I-15 (2015
Employer as a Mere Bystander Rule

Bars to the Holding of Certification Election

DOLE D.O. No. 40-03, Rule VIII, Sec. 14, and Rule XVII, Sec. 7, as amended;
Omnibus Rules Implementing the Labor Code, Book V, Rule III, Sec. 14 (e)

Failure of Election, Run-of Election, Re-run Election

DOLE D.O. No. 40-03, Rule IX, Secs. 17-19, as amended
DOLE D.O. No. 40-03, Rule IX, sec. 1, as amended

PART XII. RIGHTS AND DUTIES IN COLLECTIVE BARGAINING

E. Collective Bargaining

a. Procedure in Bargaining – Labor Code, art. 261

b. Duty to bargain collectively – Labor Code, arts. 262-264
c. Economic Provisions and Conditions
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d. Non-Economic Provisions and Conditions
e. Mandatory Provisions in a Collective Bargaining Agreement
f. Freedom Period
g. Union Security Clause

F. Rights of Legitimate Labor Organizations

Requisites for check-off; Assessment, agency fees
Right to collective bargaining
– Labor Code, Arts. 250 (n), (o) and 259 (e);
DOLE D.O. No. 40-03, Rule XIII, sec. 1

Admission and Discipline of Members

Election of Officers
Major Policy Matters
Mandatory Activities
Union Funds
Union Information
Payment of Attorney’s Fees
F. Unfair Labor Practices
Nature, aspects
1. By Employers – Labor Code, art. 259
2. By Labor Organizations – Labor Code, art. 260

H. Peaceful Concerted Activities

Strikes, Lockouts, Peaceful Picketing
Illegal strike
Liability of union officers, ordinary workers
Lockouts – Labor Code, art. 278; Omnibus Rules Implementing the Labor Code, Book
V, Rule XIII

Injunctions
a) Requisites for labor injunctions
b) “Innocent bystander rule”

LABOR TRIBUNALS & REMEDIES

PART XIII SEC. OF LABOR ARBITER, NLRC

A. Assumption of Jurisdiction by Secretary of Labor and Employment

Labor Code, art. 278 (g); DOLE D.O. No. 40-H-13
Certification of the labor dispute to the NLRC for compulsory arbitration
a) Nature of assumption order or certification order
b) Requirements for assumption of jurisdiction order
c) Effects of assumption or certification orders

Visitorial and Enforcement Powers – Labor Code, arts. 128 and 289
Inspection under Article 250 (241)
Power to Suspend Effects of Termination – Labor Code, art. 292 (b)

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 • Philtranco Service enterprises Inc v Philtranco Workers Union-AGLO, G.R.
No. 180962, February 26, 2014
• People’s Broadcasting Service (Bombo Radyo Phils. Inc.) v SOLE, G.R. No.
179652, March 16, 2012

B. DOLE Regional Directors;

Jurisdiction (Labor Code, arts. 128-129; Omnibus Rules Implementing the Labor
Code, Book III, Rule X, Secs. 2 and 3(a))
DOLE Department Order No. 238, Series of 2023
Recovery / Adjudicatory power
• DOLE v Kentex Manufacturing Corporation, G.R. No. 233781, Jul 8 2019

C. Labor Arbiter
***2011 NLRC Rules of Procedure, as amended
Jurisdiction
List in 2011 NLRC Rules of Procedure, as amended, Rule V, sec. 1
Labor Code, Arts. 124 and 224;
R.A. No. 8042, as amended by R.A. No. 10022, sec. 10;
Jurisdiction versus Regional Director
Reinstatement pending appeal
D. National Labor Relations Commission
1. Jurisdiction
a. Original – Labor Code, arts. 225 (d), (e) and 278 (g);
2011 NLRC Rules of Procedure, as amended, Rule XII, sec. 1
b. Appellate – Labor Code, art. 129; 2011 NLRC Rules of Procedure, as amended,
Rule VI, sec. 1

2. Mode of Appeal and Requisites

Effect of NLRC reversal of Labor Arbiter’s order of reinstatement

Remedies
Certified cases

Court of Appeals
Requisites (Rules of Court, Rule 65)
• Brown Madonna Press v. Casas
Supreme Court
Requisites (Rules of Court, Rule 45)

PART XIV BLR, NCMB VA

E. Bureau of Labor Relations

Jurisdiction and Procedure (DOLE D.O. No. 40- 03, Rule XI)
Registration of UNIONS Rule V DOLE No. 09
Cancellation of Registration of unions
Administrative cancellation of registration for non-compliance with reportorial
requirements

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Violation of Rights and Conditions of Membership Labor Code Art. 250
F. National Conciliation and Mediation Board
(Executive Order No. 126, as amended by E.O. No. 251); Conciliation v. Mediation
G. Voluntary Arbitrator
Jurisdiction and Procedure
Labor Code, arts. 274-277;
Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings
Powers
Tripartite Voluntary Arbitration Advisory Council

H. Grievance Machinery and Voluntary Arbitration

Subject matter of grievance Voluntary Arbitrator
a) Jurisdiction
b) Procedure Remedies
• Guagua National Colleges v Court of Appeals, GR No. 188492, August 28,
2018
• Victoria Manufacturing Corp Employees Union v Victoria Manufacturing
Corp. G.R. No. 234446, July 24, 2019

PART XV. PRESCRIPTION & EXEMPT ENTITIES

Prescription of Actions
1. Money Claims – Labor Code, art. 306
2. Illegal Dismissal – Civil Code, art. 1146
3. Unfair Labor Practices – Labor Code, art. 305
4. Illegal Recruitment – R.A. No. 8042, as amended, sec. 12
• Tunay na Pagkakaisa ng Manggagawa sa Asia Brewery vs. Asia Brewery,
G.R. No. 162025, 03 August 2010
• De la Salle Univ. vs. DLSU-Employees Assn., 330 SCRA 363 [2000]
• San Miguel Cor. Supervisory and Exempt Employees Union vs. Laguesma,
277 SCRA 370 [1997]
Employees of International Organizations or Specialized Agencies which are
registered with the United Nations and enjoys diplomatic immunity
• International Catholic Migration Commission v. Calleja
• Kapinsanan ng Manggagawa at TAC IRRI v. Secretary of Labor, et. al., 190
SCRA 130 [1990]
• German Agency for Technical Cooperation (GTZ) vs. CA, GR No. 152318, 16
April 2009
-END-

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