LABOR LAW MADE CHEWABLE (by Atty. PoL Sangalang)

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Atty. PoL Sangalang's LABOR LAW MADE CHEWABLE.

This is the slide presentation of Atty. Apollo X.C.S. Sangalang in connection with his talk on the subject matter on September 28, 2013 at 10:00am at the Auditorium of St. Paul University, Manila, during the event "IGNITE: The First HR YOUTH Convention" organized by a group of UP MANILA students who call themselves HR Youth Philippines.

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LABOR LAW MADE CHEWABLE (by Atty. PoL Sangalang)

  1. 1. LABOR LAW Atty. PoLSangalang’s
  2. 2. LABOR LAW MADE EASY (A FACEBOOK PAGE) HTTPS://WWW.FACEBOOK.COM/LEGALCOACH PoLSangalang’s
  3. 3. 3 TRIVIA ABOUT LABOR LAW  It began when man worked for another man.  Non-exploitative work: family, communal, hierarchal, voluntary, and contractual.  Exploitative work:  SLAVERY.  SERFDOM.  CONTRACTUAL.
  4. 4. 3 FACTS ABOUT EMPLOYMENT  Employment is a CONTRACT; but it’s a contract so impressed with public interest that it must yield to the common good.  OWNERSHIP of the enterprise and other resources makes the employment relations lopsided in favor of EMPLOYERS.  IGNORANCE of (Labor) Law isn’t an excuse.
  5. 5. 3 FUNDAMENTALS OF LABOR LAW  Its ultimate purpose is to place employees at an EQUAL FOOTING with their employers.  SOCIAL JUSTICE.  It’s all about minimum standards and basic requirements. (There’s no ceiling, only floor!)  In case of doubt, it’s to be interpreted in favor of employees (Article 4, Labor Code).
  6. 6. 3 PARTIES IN EMPLOYMENT  EMPLOYER.  Business Owners, Capitalists, and Entrepreneurs.  Management.  EMPLOYEE.  Workers, Laborers, and Proletariat.  Unions.  STATE (or the government).
  7. 7. 3 BASIC RIGHTS OF EMPLOYEES  Freedom from Slavery (Constitution).  Enhanced by SECURITY OF TENURE.  Enhanced by DUE PROCESS.  Self-Organization (Constitution & Labor Code).  Labor Standards (Labor Code & other statutes).  Non-discrimination and equal opportunity.  Terms and conditions of employment.
  8. 8. 3 BASIC RIGHTS OF EMPLOYERS  Ownership (Constitution and Civil Code).  ROI, expansion and growth (or fruits).  Use and abuse; and sell and dispose.  Contracts (Constitution and Civil Code).  Includes Selection and Termination.  Control (or Management Prerogative).
  9. 9. 3 OTHER WORK ARRANGEMENTS  Agency.  Commission Basis versus Commission Agent.  Partnership.  Profit Sharing versus Industrial Partnership.  Independent Contractor.  Labor Only Contracting versus Job Contracting.
  10. 10. 3 SOURCES OF LABOR LAW  The State (i.e. Labor Code and other statutes, rules & regulations, jurisprudence, etc.).  The Parties (i.e. contracts, company policies, CBAs, compromises, quitclaims, etc.)  Principles of Equity (e.g. good faith, reasonableness, proportionality, non-diminution of benefits, unjust enrichment, etc.)
  11. 11. 3 LABOR LAW PRINCIPLES (ON HIGHLIGHT)  Fair day’s wage for a fair day’s work.  No work, no pay.  Unjust enrichment.  Non-diminution of benefits.  Waivers and Quitclaims.  Good faith.  Bad faith.
  12. 12. DO YOUR W.O.R.K. (© 2013)
  13. 13. LABOR LAW MADE EASY (A FACEBOOK PAGE) HTTPS://WWW.FACEBOOK.COM/LEGALCOACH PoLSangalang’s

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