The document discusses key principles of labor law in the Philippines according to the Constitution and Labor Code. It covers constitutional protections for labor rights, definitions of labor relations vs labor standards, elements of illegal recruitment, and prohibited recruitment activities. Illegal recruitment can be committed by non-licensees or licensees, and constitutes economic sabotage if done by a syndicate or on a large scale against three or more persons. Labor contracts must respect public interest over private agreements.
The document discusses the protection of labor rights in the 1987 Philippine Constitution and the Labor Code. It outlines the key labor rights established in these legal bases, including security of tenure, just and humane working conditions, and collective bargaining. It also discusses employment contracts, noting they establish employer-employee relationships and can be terminated for just, authorized causes or by mutual consent. The summary provides an overview of the key topics and legal foundations covered in the document relating to Philippine labor law.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
The document discusses employer-employee relations, including communication between representatives, areas of discussion like pay and work conditions, and tests used to determine an employer-employee relationship. It also covers the history of public sector unionism in the Philippines and rights gained after the end of martial law, allowing government employees to form unions. Specific unions for Department of Environment and Natural Resources employees are also mentioned.
This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.
This document summarizes key parts of the Labor Code of the Philippines related to pre-employment. It establishes the following objectives: promoting full employment; protecting citizens' rights to work locally or overseas; facilitating employment choices; and regulating alien employment.
It creates several government agencies to implement these objectives, including the Bureau of Employment Services, which regulates private recruitment and helps place workers. It also establishes the Overseas Employment Development Board to promote overseas employment opportunities for Filipino workers and protect their rights abroad. Private recruitment is prohibited except through authorized public offices or entities. The document also discusses protections for overseas Filipino workers.
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
This document summarizes citizenship laws in the Philippines. It outlines who is considered a citizen, including those who were citizens at the time the constitution was adopted, those with Filipino fathers or mothers, and those born to Filipino mothers before 1973 who choose Philippine citizenship. It also discusses natural-born citizens, the differences between citizens and aliens, acquisition of citizenship by birth or naturalization, and related rights and obligations.
The document discusses the protection of labor rights in the 1987 Philippine Constitution and the Labor Code. It outlines the key labor rights established in these legal bases, including security of tenure, just and humane working conditions, and collective bargaining. It also discusses employment contracts, noting they establish employer-employee relationships and can be terminated for just, authorized causes or by mutual consent. The summary provides an overview of the key topics and legal foundations covered in the document relating to Philippine labor law.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
The document discusses employer-employee relations, including communication between representatives, areas of discussion like pay and work conditions, and tests used to determine an employer-employee relationship. It also covers the history of public sector unionism in the Philippines and rights gained after the end of martial law, allowing government employees to form unions. Specific unions for Department of Environment and Natural Resources employees are also mentioned.
This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.
This document summarizes key parts of the Labor Code of the Philippines related to pre-employment. It establishes the following objectives: promoting full employment; protecting citizens' rights to work locally or overseas; facilitating employment choices; and regulating alien employment.
It creates several government agencies to implement these objectives, including the Bureau of Employment Services, which regulates private recruitment and helps place workers. It also establishes the Overseas Employment Development Board to promote overseas employment opportunities for Filipino workers and protect their rights abroad. Private recruitment is prohibited except through authorized public offices or entities. The document also discusses protections for overseas Filipino workers.
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
This document summarizes citizenship laws in the Philippines. It outlines who is considered a citizen, including those who were citizens at the time the constitution was adopted, those with Filipino fathers or mothers, and those born to Filipino mothers before 1973 who choose Philippine citizenship. It also discusses natural-born citizens, the differences between citizens and aliens, acquisition of citizenship by birth or naturalization, and related rights and obligations.
This document defines contracting and subcontracting as an arrangement where a principal outsources a job to a contractor within a set time period, whether completed on or off the principal's premises. It establishes guidelines for contractual relationships and protections for contractual employees, including enforcing labor standards, social security benefits, and the right to organize. Labor-only contracting is prohibited, and the principal can be held jointly liable with the contractor for violations of labor laws.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
This document discusses several topics related to labor and employment in the Philippines, including apprenticeship agreements, probationary periods, qualifications of apprentices, termination of apprenticeship agreements, learnership agreements, employment of non-resident aliens, regulation of private employment agencies, termination of employment, and manpower development programs. It provides definitions and requirements for apprentices, learners, employment permits, prohibited practices for employment agencies, and valid reasons for job termination by employers and employees.
The document discusses collective negotiation agreements (CNAs) between public sector unions and management in the Philippines. Some key points:
- CNAs are negotiated agreements on terms of employment not fixed by law, like benefits and working conditions. They are registered with the Civil Service Commission.
- The negotiation process involves both parties submitting proposals, meeting to discuss issues, and finalizing the CNA for ratification by union members.
- CNAs typically cover issues like leaves, transfers, allowances, grievance procedures, and ensure union rights. Items requiring funds are excluded.
- Registering the CNA bars challenges to the union's majority representation during its term, usually 3 years. Incent
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
The document discusses key aspects of labor laws and employee-employer relationships under Philippine law. It begins by introducing labor laws and their importance in regulating relations between workers and employers. It then examines some key labor law concepts like management prerogative, participative management, and compassionate justice. The document also analyzes relevant provisions of the 1987 Philippine Constitution and labor law cases to illustrate principles of labor law and jurisprudence in the Philippines.
The document discusses strikes, lockouts, and related labor concepts under Philippine law. It notes that both the Constitution and Labor Code guarantee workers' right to strike peacefully and employers' right to declare a lockout for cause. Strikes and lockouts are considered self-help activities used to resolve labor disputes through applying economic pressure. The document provides definitions and classifications of strikes and lockouts, as well as requirements and guidelines regarding their declaration and the roles of different groups like unions and the police during such labor actions.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
2022 Preweek Reviewer in Labor Law by Dean Poquiz.pdfMariaKatrinaSales
This document summarizes key principles of Philippine labor law as outlined by Dean Salvador A. Poquiz. It covers:
1) Basic principles of labor law including construction in favor of labor and protection of labor.
2) Employer-employee relationships and tests to determine such relationships.
3) Management prerogatives including discipline, dismissal, transfers and work rules.
4) Illegal recruitment practices and remedies.
5) Remedies for violations of labor standards including money claims.
6) Distinctions between permissible job contracting versus prohibited labor-only contracting.
7) Security of tenure and the rights of employees in cases of dismissal with or without due process.
This document summarizes key concepts in corporate law. It discusses how corporations are classified as stock or non-stock. It also covers the separate legal personality of corporations, corporate tort liability, piercing the corporate veil, determining corporate nationality, and the retroactive effect of amending corporate documents. Additionally, it addresses topics such as share classifications, redeemable shares, treasury shares, and the rules regarding non-voting shares.
This document discusses various human resource processes related to employee placement, transfer, promotion, demotion, and separation. It defines key terms like placement, induction, transfer, promotion, demotion, and various types of employee separation. It provides details on the objectives, steps, advantages, and problems related to each process. The document emphasizes the importance of policies for processes like transfer, promotion, and demotion to ensure they are fair and transparent.
The document discusses unfair labor practices under Philippine law. It defines unfair labor practices as violations of workers' rights to organize and collectively bargain that disrupt labor relations. The document outlines unfair labor practices by employers, such as interfering with union activities, discrimination based on union membership, and violating collective bargaining agreements. It also discusses unfair labor practices by unions, remedies and enforcement procedures under the labor code. Finally, it examines various types of union security clauses used in collective bargaining agreements to strengthen unions.
The Apprentices Act of 1961 aims to regulate training arrangements in Indian industry to meet the increasing demand for skilled craftsmen. Key objectives include utilizing training facilities, ensuring apprentices receive training according to planned programs, and promoting and improving skills. The Act obligates employers to provide qualified training to apprentices and comply with apprenticeship contracts. Apprentices must attend classes, follow orders, and learn their trade diligently. Rights include stipends, health protections, leave, and compensation for accidents. Apprentices are trainees, not workers, though some labor laws apply. Disputes are first referred to Apprentice Advisors, and completing the Final Test qualifies apprentices without obligating employment offers.
Chapter 10 - Employment and Security of Tenure Wella Galos
The document discusses Philippine labor laws around employment, including:
- Security of tenure which guarantees political office holders cannot be removed without cause.
- Regulations around employing minors between 15-18, including allowable work hours.
- Defining regular employment as work that is usually necessary for the employer's business.
- Probationary periods for employment and apprenticeships cannot exceed 6 months without an agreement.
- Requirements for establishing apprenticeship programs and qualifications for apprentices.
- Grounds for termination of employment or apprenticeships by either party with proper notice.
- Regulations for private employment agencies and prohibited practices.
Discipline and Grievance in the Phil.Public Serviceroecam
This document discusses employee discipline and maintaining an effective workforce in the Philippine civil service. It begins by defining discipline and its purpose of developing orderliness and efficiency. Next, it outlines the basic policies and Revised Rules on Administrative Cases that govern employee conduct and discipline. It then classifies administrative offenses as grave, less grave, or light and lists examples for each category and their corresponding disciplinary actions. Finally, it discusses the grounds and procedures for dropping employees from the rolls due to extended absence without approved leave.
This document summarizes a study on unionism in the Philippines. It begins by outlining the legal foundations for unionization and self-organization under the Philippine Labor Code. It then reviews literature on the history and development of trade unions globally and locally in response to industrialization and changing economic conditions. Tables show declining union registration and membership in the Philippines in recent decades. The document introduces various forms and roles of trade unions discussed in academic literature and traces the development of trade unionism in the Philippines in the post-WWII period.
This document discusses unfair labor practices and their prevention under the Industrial Disputes Act, 1947. It defines unfair labor practices and lists examples of such practices by employers/trade unions and workmen/trade unions. Practices by employers include favoring certain unions, refusing to bargain in good faith, illegal lockouts and more. Workmen practices include supporting illegal strikes, coercive activity and damaging employer property. The act prescribes penalties of fines or imprisonment to prevent unfair labor practices. In conclusion, any practices violating constitutional directives or labor laws can be considered unfair labor practices.
This document discusses 7 theories of labor welfare:
1. The Policing Theory views welfare as necessary to regulate selfish employers and ensure minimum standards.
2. The Religious Theory sees welfare as religiously-motivated good works that benefit both provider and recipient.
3. The Philanthropic Theory considers welfare a natural human urge to help others in need.
4. The Trusteeship Theory frames employers as trustees responsible for workers' interests and society's well-being.
5. The Placating Theory advocates periodic welfare to appease increasingly demanding and militant labor groups.
6. The Public Relations Theory uses welfare for goodwill and promoting a positive company image.
7. The
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
This document provides an overview of Module 1 of a Labor Code class. It defines key labor law terms and discusses the importance and purpose of labor laws in the Philippines. The summary highlights that labor laws in the Philippines are designed to protect workers' rights and promote social justice based on constitutional provisions. Labor laws establish minimum employment standards and regulate the relationship between employers and employees.
This document outlines the key provisions of a Model Harmonisation Act regarding the registration, status, and recognition of trade unions and employers' organizations. Some of the main points covered in the Act include:
- Establishing the basic rights of employees and employers to freedom of association and collective bargaining.
- Setting up procedures for the registration and legal status of trade unions and employers' organizations.
- Promoting the recognition of trade unions through processes like certification and collective bargaining.
- Regulating collective agreements between trade unions and employers or employers' organizations.
The Act aims to harmonize national laws with international labor standards on issues like the right to organize, collective bargaining, and freedom of association. It provides
This document defines contracting and subcontracting as an arrangement where a principal outsources a job to a contractor within a set time period, whether completed on or off the principal's premises. It establishes guidelines for contractual relationships and protections for contractual employees, including enforcing labor standards, social security benefits, and the right to organize. Labor-only contracting is prohibited, and the principal can be held jointly liable with the contractor for violations of labor laws.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
This document discusses several topics related to labor and employment in the Philippines, including apprenticeship agreements, probationary periods, qualifications of apprentices, termination of apprenticeship agreements, learnership agreements, employment of non-resident aliens, regulation of private employment agencies, termination of employment, and manpower development programs. It provides definitions and requirements for apprentices, learners, employment permits, prohibited practices for employment agencies, and valid reasons for job termination by employers and employees.
The document discusses collective negotiation agreements (CNAs) between public sector unions and management in the Philippines. Some key points:
- CNAs are negotiated agreements on terms of employment not fixed by law, like benefits and working conditions. They are registered with the Civil Service Commission.
- The negotiation process involves both parties submitting proposals, meeting to discuss issues, and finalizing the CNA for ratification by union members.
- CNAs typically cover issues like leaves, transfers, allowances, grievance procedures, and ensure union rights. Items requiring funds are excluded.
- Registering the CNA bars challenges to the union's majority representation during its term, usually 3 years. Incent
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
The document discusses key aspects of labor laws and employee-employer relationships under Philippine law. It begins by introducing labor laws and their importance in regulating relations between workers and employers. It then examines some key labor law concepts like management prerogative, participative management, and compassionate justice. The document also analyzes relevant provisions of the 1987 Philippine Constitution and labor law cases to illustrate principles of labor law and jurisprudence in the Philippines.
The document discusses strikes, lockouts, and related labor concepts under Philippine law. It notes that both the Constitution and Labor Code guarantee workers' right to strike peacefully and employers' right to declare a lockout for cause. Strikes and lockouts are considered self-help activities used to resolve labor disputes through applying economic pressure. The document provides definitions and classifications of strikes and lockouts, as well as requirements and guidelines regarding their declaration and the roles of different groups like unions and the police during such labor actions.
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
2022 Preweek Reviewer in Labor Law by Dean Poquiz.pdfMariaKatrinaSales
This document summarizes key principles of Philippine labor law as outlined by Dean Salvador A. Poquiz. It covers:
1) Basic principles of labor law including construction in favor of labor and protection of labor.
2) Employer-employee relationships and tests to determine such relationships.
3) Management prerogatives including discipline, dismissal, transfers and work rules.
4) Illegal recruitment practices and remedies.
5) Remedies for violations of labor standards including money claims.
6) Distinctions between permissible job contracting versus prohibited labor-only contracting.
7) Security of tenure and the rights of employees in cases of dismissal with or without due process.
This document summarizes key concepts in corporate law. It discusses how corporations are classified as stock or non-stock. It also covers the separate legal personality of corporations, corporate tort liability, piercing the corporate veil, determining corporate nationality, and the retroactive effect of amending corporate documents. Additionally, it addresses topics such as share classifications, redeemable shares, treasury shares, and the rules regarding non-voting shares.
This document discusses various human resource processes related to employee placement, transfer, promotion, demotion, and separation. It defines key terms like placement, induction, transfer, promotion, demotion, and various types of employee separation. It provides details on the objectives, steps, advantages, and problems related to each process. The document emphasizes the importance of policies for processes like transfer, promotion, and demotion to ensure they are fair and transparent.
The document discusses unfair labor practices under Philippine law. It defines unfair labor practices as violations of workers' rights to organize and collectively bargain that disrupt labor relations. The document outlines unfair labor practices by employers, such as interfering with union activities, discrimination based on union membership, and violating collective bargaining agreements. It also discusses unfair labor practices by unions, remedies and enforcement procedures under the labor code. Finally, it examines various types of union security clauses used in collective bargaining agreements to strengthen unions.
The Apprentices Act of 1961 aims to regulate training arrangements in Indian industry to meet the increasing demand for skilled craftsmen. Key objectives include utilizing training facilities, ensuring apprentices receive training according to planned programs, and promoting and improving skills. The Act obligates employers to provide qualified training to apprentices and comply with apprenticeship contracts. Apprentices must attend classes, follow orders, and learn their trade diligently. Rights include stipends, health protections, leave, and compensation for accidents. Apprentices are trainees, not workers, though some labor laws apply. Disputes are first referred to Apprentice Advisors, and completing the Final Test qualifies apprentices without obligating employment offers.
Chapter 10 - Employment and Security of Tenure Wella Galos
The document discusses Philippine labor laws around employment, including:
- Security of tenure which guarantees political office holders cannot be removed without cause.
- Regulations around employing minors between 15-18, including allowable work hours.
- Defining regular employment as work that is usually necessary for the employer's business.
- Probationary periods for employment and apprenticeships cannot exceed 6 months without an agreement.
- Requirements for establishing apprenticeship programs and qualifications for apprentices.
- Grounds for termination of employment or apprenticeships by either party with proper notice.
- Regulations for private employment agencies and prohibited practices.
Discipline and Grievance in the Phil.Public Serviceroecam
This document discusses employee discipline and maintaining an effective workforce in the Philippine civil service. It begins by defining discipline and its purpose of developing orderliness and efficiency. Next, it outlines the basic policies and Revised Rules on Administrative Cases that govern employee conduct and discipline. It then classifies administrative offenses as grave, less grave, or light and lists examples for each category and their corresponding disciplinary actions. Finally, it discusses the grounds and procedures for dropping employees from the rolls due to extended absence without approved leave.
This document summarizes a study on unionism in the Philippines. It begins by outlining the legal foundations for unionization and self-organization under the Philippine Labor Code. It then reviews literature on the history and development of trade unions globally and locally in response to industrialization and changing economic conditions. Tables show declining union registration and membership in the Philippines in recent decades. The document introduces various forms and roles of trade unions discussed in academic literature and traces the development of trade unionism in the Philippines in the post-WWII period.
This document discusses unfair labor practices and their prevention under the Industrial Disputes Act, 1947. It defines unfair labor practices and lists examples of such practices by employers/trade unions and workmen/trade unions. Practices by employers include favoring certain unions, refusing to bargain in good faith, illegal lockouts and more. Workmen practices include supporting illegal strikes, coercive activity and damaging employer property. The act prescribes penalties of fines or imprisonment to prevent unfair labor practices. In conclusion, any practices violating constitutional directives or labor laws can be considered unfair labor practices.
This document discusses 7 theories of labor welfare:
1. The Policing Theory views welfare as necessary to regulate selfish employers and ensure minimum standards.
2. The Religious Theory sees welfare as religiously-motivated good works that benefit both provider and recipient.
3. The Philanthropic Theory considers welfare a natural human urge to help others in need.
4. The Trusteeship Theory frames employers as trustees responsible for workers' interests and society's well-being.
5. The Placating Theory advocates periodic welfare to appease increasingly demanding and militant labor groups.
6. The Public Relations Theory uses welfare for goodwill and promoting a positive company image.
7. The
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
This document provides an overview of Module 1 of a Labor Code class. It defines key labor law terms and discusses the importance and purpose of labor laws in the Philippines. The summary highlights that labor laws in the Philippines are designed to protect workers' rights and promote social justice based on constitutional provisions. Labor laws establish minimum employment standards and regulate the relationship between employers and employees.
This document outlines the key provisions of a Model Harmonisation Act regarding the registration, status, and recognition of trade unions and employers' organizations. Some of the main points covered in the Act include:
- Establishing the basic rights of employees and employers to freedom of association and collective bargaining.
- Setting up procedures for the registration and legal status of trade unions and employers' organizations.
- Promoting the recognition of trade unions through processes like certification and collective bargaining.
- Regulating collective agreements between trade unions and employers or employers' organizations.
The Act aims to harmonize national laws with international labor standards on issues like the right to organize, collective bargaining, and freedom of association. It provides
The document summarizes key labor law principles and cases in the Philippines. It discusses how the Constitution promotes social justice and protects workers' rights. For example, the social justice policy aims to humanize laws and equalize economic forces. While employers can generally deny separation pay for employees dismissed due to gross misconduct, human rights take precedence over property rights. Additionally, the State ensures equality before the law for women and men, and policies that discriminate based on marital status like refusing to hire married women violate constitutional protections.
This document discusses the evolution of laws governing the rights of government employees and supervisors to unionize in the Philippines. Key points:
- Early laws like the Industrial Peace Act allowed unionization but prohibited supervisors from joining rank-and-file unions. Subsequent laws and constitutional provisions both expanded and contracted these rights over time.
- The 1973 Constitution and Labor Code exempted all government employees from collective bargaining rights. Later laws granted bargaining rights to employees of some government corporations.
- The 1987 Constitution guaranteed the right to unionize for government employees but existing laws still prohibited strikes. Current rules allow unionization but define it differently than for private sector employees, excluding collective bargaining and strike rights.
This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.
This document summarizes a university lecture on educational management and labor relations in South Africa. It discusses the nature and sources of labor relations, relevant legislation including the Constitution, Labour Relations Act, and Employment of Educators Act. It also outlines the common law principles and case law that guide labor relations. Key legislation and common law concepts are explained, with examples of how they apply to managing labor relations in educational settings.
ETHICS, LAW AND CORPORATE SOCIAL RESPONSIBILITY -
Malaysian Industrial – Labour Relation, SEXUAL HARASSMENT ISSUE, RETRENCHMENT ISSUE, IMPOSITION ISSUE
This document is Vietnam's Labor Code, which outlines the country's labor laws and standards. Some key points:
- It defines terms like employees, employers, labor contracts and disputes. Employees have rights like fair pay and safe working conditions, while employers have rights like managing labor needs.
- Labor relations should be built on voluntary and cooperative principles, with mutual respect for lawful rights. Discrimination is prohibited.
- The types of labor contracts are defined, including fixed-term, casual and unlimited contracts. Contracts must specify details like work, pay and benefits.
- The code establishes policies to support employment creation, training, gender equality and protecting vulnerable groups in the workplace. Both employees and employers have
This document summarizes key aspects of labour laws and industrial relations in India. It outlines the various labour laws in India related to areas like industrial relations, wages, working conditions, and social security. These laws are enacted by both central and state governments. The document also describes the industrial disputes resolution process in India, which involves preventive and settlement machinery like works committees, conciliation, arbitration, and labour courts/tribunals. Recent amendments to labour laws aim to increase coverage of workers, enhance dispute resolution mechanisms, and streamline the establishment of employment regulations.
The document discusses public procurement in India, including key principles and challenges. It makes the following main points:
1. Public procurement involves acquisition of goods, services, and works by the government and constitutes a significant portion of GDP in India.
2. The Constitution provides the legal framework for public procurement, with articles guaranteeing equality of opportunity and prohibiting arbitrary state action. Procurement must be fair, transparent and follow due process.
3. Key principles of good public procurement include economy, efficiency, fairness, transparency, and accountability. However, flaws in the Indian system include lack of clear laws, unfair practices, low MSME participation and delays.
Employee Rights Protected From Employer DiscriminationAshley Lott
According to the document, Section 7 of the NLRA protects employee rights from employer discrimination, including the right to form or join a union and engage in collective bargaining. Drake and Keeler were discharged for their protected concerted activity of discussing poor working conditions with their employer. Section 8 makes it an unfair labor practice for employers to interfere with protected employee rights. The document discusses the rights protected by Sections 7 and 8 of the NLRA.
The document discusses employment equity and affirmative action policies and how they were implemented at Defy Appliances Ltd in 1999, covering what employment equity and affirmative action are, how the policies work, obstacles faced in implementation, and the conclusion that the policies led to greater representation of designated groups in companies in South Africa. It provides details on the contents and implementation of South Africa's Employment Equity Act of 1998.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the UN General Assembly in 1979 and entered into force in 1981. It has been ratified by over 185 countries. CEDAW aims to end discrimination against women and promote women's equal rights. Key provisions include requiring countries to eliminate discrimination, adopt appropriate legislation, and modify social and cultural practices that discriminate against women. Malaysia has ratified CEDAW but entered reservations on articles that could contradict Sharia law. The government is obligated to submit periodic reports on its compliance, which are reviewed by the CEDAW Committee.
The document summarizes the history and key aspects of labor laws in Egypt. It discusses how the first labor regulations were introduced in 1909 to protect child workers. Major labor laws were passed in the 1940s and 1950s to regulate unions and workplace safety. The current Labor Law No. 12 was passed in 2003 and addresses non-discrimination, collective bargaining, minimum wages and benefits, hiring/termination, and training. The law aims to balance employer and employee rights while increasing flexibility. However, further reforms may be needed to improve job creation and formality in the labor market.
The document discusses key aspects of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU & PULP), 1971 including establishing authorities to regulate industrial relations, recognizing trade unions and their rights and obligations, addressing illegal strikes and lockouts, prohibiting unfair labor practices, and outlining the powers of courts and penalties under the Act. The MRTU & PULP Act sets up authorities like the Labour Commissioner, Conciliation Officer, and Labor Court to promote peaceful dispute resolution. It also recognizes the rights of recognized trade unions to collectively bargain and represent workers along with accompanying obligations. The Act defines and prevents illegal strikes, lockouts and unfair labor practices while empowering courts to
This document approves the Consolidated Text of the Law on the Workers' Statute in Spain. It summarizes the process by which the government consolidated existing labor laws and regulations into a single text, including incorporating modifications from recent laws. The consolidated text is then appended in full. The consolidated text establishes the scope and sources of labor law in Spain, outlines basic labor rights and duties, and covers other elements of employment contracts. It goes into effect on May 1, 1995.
1. The document outlines a proposed draft act for an Urban Right to Work that would guarantee employment and a living wage to urban households.
2. Key aspects of the proposed act include recognizing the right to work as a fundamental right, ensuring living wages and social security for workers, providing secure shelter near work, and involving workers in decision-making.
3. The act would establish funds to finance employment programs and apply to all categories of urban workers, including wage workers, self-employed workers, and unemployed workers.
The document outlines key provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It ensures rights such as education, work under just conditions, an adequate standard of living, health, social security, science and culture. States parties undertake to guarantee these rights without discrimination and to take steps to progressively achieve their full realization to the maximum of available resources.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
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Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
2. FUNDAMENTAL PRINCIPLES AND POLICIES
A.CONSTITUTIONAL PROVISIONS
What are the significant constitutional principles related
to Labor Law?
The following principles are noteworthy:
Under Article II (Declaration of Principles and State
Policies):
a. Promotion of full employment, a rising standard of living,
and an improved quality of life for all.
b. Promotion of social justice in all phases of national
development.
c. Full respect for human rights.
d. Vital role of the youth in nation-building.
e. Role of women in nation-building, and fundamental
equality before the law of women and men.
f. Indispensable role of the private sector,
g. Protection-to-labor clause: “Section 18. The State
affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
3. Under Article III (Bill of Rights):
a. Due process and equal protection of the law.
b. Freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the government
for redress of grievances.
c. Right of the people to information on matters of public
concern. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as
to government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
d. Right of public and private sector employees to form unions,
associations, or societies for purposes not contrary to law shall
not be abridged.
e. Non-impairment of obligations of contracts.
f. Right to speedy disposition of cases in judicial, quasi-judicial
or administrative bodies.
g. Prohibitions against involuntary servitude.
4. Under Article XIII (Social Justice and Human Rights):
a. Protection-to-Labor Clause: VERY IMPORTANT
Section 3. The State shall afford full protection to labor,
local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for
all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
of work, and a living wage. They shall also participate in policy
and decision making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of
production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.
5. It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful and concerted activities including the right to
strike in accordance with law
The workers shall be entitled to:
4. security of tenure
5. humane conditioned of work
6. living wage
The workers shall also:
7. participate in policy and decision-making process
affecting their rights and benefits as may be provided by
law
6. B.
NEW CIVIL CODE
What is latest example of a labor case where Article 1700 of the
Civil Code was applied?
Article 1700 of the Civil Code provides:
“Art. 1700. The relations between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must yield to the
common good. Therefore, such contracts are subject to the special laws on
labor unions, collective bargaining, strikes and lockouts, closed shop, wages,
working conditions, hours of labor and similar
subjects.”
7. 2011 case of Leyte Geothermal Power Progressive Employees Union-
ALU-TUCP v. Philippine National Oil Company-Energy
Development Corporation, involving the issue of whether the
members of petitioner union are project employees or regular
employees.
It was pronounced that Article 280 of the Labor Code, as worded, establishes
that the nature of the employment is determined by law, regardless of any
contract expressing otherwise. The supremacy of the law over the nomenclature
of the contract and the stipulations contained therein is to bring to life the
policy enshrined in the Constitution to "afford full protection to labor." Thus,
labor contracts are placed on a higher plane than ordinary contracts; these are
imbued with public interest and therefore subject to the police power of the
State.
However, notwithstanding the foregoing iterations, project employment
contracts which fix the employment for a specific project or undertaking
remain valid under the law.
In the case at bar, the records reveal that the officers and the members of
petitioner union signed employment contracts indicating the specific project or
phase of work for which they were hired, with a fixed period of employment. As
clearly shown by petitioner union’s own admission, both parties had executed
the contracts freely and voluntarily without force, duress or acts tending to
vitiate the workers’ consent. Thus, there is no reason not to honor and give
effect to the terms and conditions stipulated therein.
8. How is Article 1702 of the Civil Code correlated with Article 4 of
the Labor Code?
Both Article 1702 of the Civil Code and Article 4 of the Labor Code speak of
the rule on interpretation and construction provisions of law and labor
contracts.
Article 1702 of the Civil Code provides:
“Article 1702. In case of doubt, all labor legislation and all labor contracts
shall be construed in favor of the safety and decent living for the laborer.”
Article 4 of the Labor Code states:
“Article 4. Construction in Favor of Labor. – All doubts in the
implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations, shall be resolved in favor
of labor.”
Both articles above may be applied to doubts and ambiguities in:
(1) labor contracts such as an employment contract or a CBA; or
(2) evidence presented in labor cases.
9. C.
THE LABOR CODE
What are the distinctions between Labor
Relations and Labor Standards?
“Labor standards law” is that part of labor law which
prescribes the minimum terms and conditions of
employment which the employer is required to grant to
its employees.
“Labor relations law” is that part of labor law (Book V
of the Labor Code) which deals with unionism, collective
bargaining, grievance machinery, voluntary arbitration,
strike, picketing and lockout.
10. RECRUITMENT AND PLACEMENT
ILLEGAL RECRUITMENT (Section 5, R.A. No. 10022)
Who may commit illegal recruitment?
Broadly, “illegal recruitment” may be committed by any
person, regardless of whether such person is a:
1. Non-licensee;
2. Non-holder of authority;
3. Licensee; or
4. Holder of authority.
Any person, whether a non-licensee, non-holder,
licensee or holder of authority, may be held liable for
illegal recruitment. Under R.A. No, 8042, as
amended by R.A. No. 10022, license or authority of
the illegal recruiter is immaterial.
11. What constitutes illegal recruitment when
committed by a NON-LICENSEE or NON-
HOLDER OF AUTHORITY?
Illegal recruitment, when undertaken by non-
licensee or non-holder of authority, shall mean
any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring
workers and includes referring, contract
services, promising or advertising for
employment abroad, whether for profit or not,
Provided, That any such non-licensee or non-holder
who, in any manner, offers or promises for a fee
employment abroad to two or more persons
shall be deemed so engaged.
12. What constitutes illegal recruitment when
committed by ANY PERSON, whether a NON-
LICENSEE, NONHOLDER OF AUTHORITY or even
by a LICENSEE or HOLDER OF AUTHORITY?
(a) To charge or accept, directly or indirectly, any amount
greater than that specified in the schedule of allowable fees
prescribed by the Secretary of Labor and Employment, or to
make a worker pay or acknowledge any amount greater than
that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or
document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or
document or commit any act of misrepresentation for the
purpose of securing a license or authority under the Labor
Code, or for the purpose of documenting hired workers with
the POEA, which include the act of reprocessing workers
through a job order that pertains to non-existent work, work
different from the actual overseas work, or work with a
different employer whether registered or not with the POEA;
13. (d) To induce or attempt to induce a worker already employed
to quit his employment in order to offer him another unless
the transfer is designed to liberate a worker from oppressive
terms and conditions of employment;
(e) To influence or attempt to influence any person or entity
not to employ any worker who has not applied for
employment through his agency or who has formed, joined or
supported, or has contacted or is supported by any union or
workers' organization;
(f) To engage in the recruitment or placement of workers in
jobs harmful to public health or morality or to the dignity of
the Republic of the Philippines;
(g) To fail to submit reports on the status of employment,
placement vacancies, remittance of foreign exchange
earnings, separation from jobs, departures and such other
matters or information as may be required by the Secretary of
Labor and Employment;
14. To substitute or alter to the prejudice of the worker, employment
contracts approved and verified by the Department of Labor and
Employment from the time of actual signing thereof by the parties
up to and including the period of the expiration of the same without
the approval of the Department of Labor and
Employment;
(i) For an officer or agent of a recruitment or placement
agency to become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged directly
or indirectly in the management of travel agency;
(j) To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations,
or for any other reasons, other than those authorized under the
Labor Code and its implementing rules and regulations;
(k) Failure to actually deploy a contracted worker without valid
reason as determined by the Department of Labor and
Employment;
(l) Failure to reimburse expenses incurred by the worker in
connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually
take place without the worker's fault. Illegal recruitment
when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage; and
(m) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.”
15. PROHIBITED ACTIVITIES
IN RELATION TO ILLEGAL RECRUITMENT
What are the prohibited activities in connection with recruitment for overseas
employment?
Besides illegal recruitment, the law additionally provides that it shall also be unlawful for
any person or entity to commit the following prohibited acts:
(1) Grant a LOAN to an overseas Filipino worker with interest exceeding eight
percent (8%) per annum, which will be used for payment of legal and allowable
placement fees and make the migrant worker issue, either personally or through a
guarantor or accommodation party, post-dated checks in relation to the said loan;
(2) Impose a compulsory and exclusive arrangement whereby an overseas Filipino
worker is required to avail of a LOAN only from specifically designated institutions,
entities or persons;
(3) Refuse to condone or renegotiate a LOAN incurred by an overseas Filipino worker
after the latter's employment contract has been prematurely terminated through no
fault of his or her own;
(4) Impose a compulsory and exclusive arrangement whereby an overseas Filipino
worker is required to undergo HEALTH EXAMINATIONS only from specifically
designated medical clinics, institutions, entities or persons, except in the caseof a
seafarer whose medical examination cost is shouldered by the
principal/shipowner;
16. (5) Impose a compulsory and exclusive arrangement
whereby an overseas Filipino worker is required to
undergo TRAINING, SEMINAR, INSTRUCTION
OR SCHOOLING of any kind only from
specifically designated institutions, entities or
persons, except for recommendatory trainings
mandated by principals/shipowners where the
latter shoulder the cost of such trainings;
(6) For a SUSPENDED
RECRUITMENT/MANNING AGENCY to engage
in any kind of recruitment activity including the
processing of pending workers' applications; and
(7) For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas Filipino
worker or deduct from his or her salary the
payment of the cost of INSURANCE fees,
premium or other insurance related charges, as
provided under the compulsory worker's
INSURANCE coverage.
17. LICENSE VS. AUTHORITY
What is a “license” for overseas recruitment?
“License” refers to the document issued by the DOLE
Secretary authorizing a person, partnership or
corporation to operate a private recruitment or manning
agency.
What is an “authority” for overseas employment?
“Authority” refers to the document issued by the DOLE
Secretary authorizing the officers, personnel, agents or
representatives of a licensed recruitment or manning agency
to conduct recruitment and placement activities in a place
stated in the license or in a specified place.
18. ELEMENTS OF ILLEGAL RECRUITMENT
What are the elements of illegal recruitment?
The essential elements of illegal recruitment vary in
accordance with the following classifications:
(1) Simple illegal recruitment;
(2) When committed by a syndicate; or
(3) When committed in large scale.
When illegal recruitment is committed under either Nos.
2 or 3 above or both, it is considered an offense
involvingeconomic sabotage.
19. SIMPLE ILLEGAL RECRUITMENT
What are the 2 elements of simple illegal
recruitment?
(1) The offender has no valid license or authority
required by law to enable one to lawfully engage in
recruitment and placement of workers; and
(2) He undertakes either any activity within the meaning of
“recruitment and placement” defined under Article
13(b), (see above enumeration) or any prohibited practices
(see above enumeration) under Article 34 of the
Labor Code.
Can a recruiter be a natural or juridical person?
Yes.
20. ILLEGAL RECRUITMENT AS A FORM OF ECONOMIC SABOTAGE
When is illegal recruitment considered a crime involving
economic sabotage?
1. when committed by a syndicate; or
2. when committed in large scale.
When is illegal recruitment committed by a syndicate?
If it is carried out by a group of three (3) or more persons
conspiring or confederating with one another.
Elements of illegal recruitment by a syndicate.
The essential elements of the crime of illegal recruitment committed
by a syndicate are as follows:
1. There are at least three (3) persons who, conspiring and/or
confederating with one another, carried out any unlawful or illegal
recruitment and placement activities as defined under Article 13(b)
or committed any prohibited activities under Article 34 of the Labor
Code; and
2. Said persons are not licensed or authorized to do so, either locally
or overseas.
21. Note:
The law does not require that the syndicate
should recruit more than one (1) person in
order to constitute the crime of illegal
recruitment by a syndicate. Recruitment of
one (1) person would suffice to qualify the
illegal recruitment act as having been
committed by a syndicate.
22. When is illegal recruitment considered in large
scale?
If committed against three (3) or more persons
individually or as a group.
Elements of illegal recruitment in large scale.
The elements of illegal recruitment in large scale, as
distinguished from simple illegal recruitment, are as follows:
1. The accused engages in the recruitment and placement of
workers as defined under Article 13(b) or committed any
prohibited activities under Article 34 of the Labor Code; and
2. The accused commits the same against three (3) or more
persons, individually or as a group.
23. Distinguished from illegal recruitment by a
syndicate.
As distinguished from illegal recruitment committed
by a syndicate, illegal recruitment in large scale may
be committed by only one (1) person. What is
important as qualifying element is that there should
be at least three (3) victims of such illegal
recruitment, individually or as a group.
24. What are some relevant principles on illegal
recruitment involving economic sabotage?
1. The number of persons victimized is determinative of the
crime. A conviction for large scale illegal recruitment
must be based on a finding in each case of illegal
recruitment of three (3) or more persons having been
recruited, whether individually or as a group.
2. Failure to prove at least 3 persons recruited makes the
crime a case of simple illegal recruitment.
3. There is no illegal recruitment in large scale based on
several information filed by only one complainant.
4. The number of offenders is not material in illegal
recruitment in large scale.
5. Recruitment in large scale or by a syndicate is malum
prohibitum and not malum in se.
25. ILLEGAL RECRUITMENT VS. ESTAFA
Can a person be charged and convicted
separately for illegal recruitment and estafa
involving one and the same act of recruitment?
Yes. It is clear that conviction under the Labor Code
does not preclude conviction for estafa or other crimes
under other laws.
Some relevant principles:
Same evidence to prove illegal recruitment may be
used to prove estafa.
Conviction for both illegal recruitment and estafa, not
double jeopardy.
26. NATURE OF LIABILITY OF LOCAL RECRUITMENT AGENCY
AND FOREIGN EMPLOYER
What is the nature of the liability between local recruiter and
its foreign principal?
The nature of their liability is “solidary” or “joint and several”
for any and all claims arising out of the employment contract
of OFWs.
Is the solidary liability of corporate officers with the
recruitment agency “automatic” in character?
No. In order to hold the officers of the agency solidarily
liable, it is required that there must be proof of their
culpability therefor. Thus, it was held in the 2013 case of Gagui
v. Dejero,1 that while it is true that R.A. 8042 and the
Corporation Code provide for solidary liability, this liability must
be so stated in the decision sought to be implemented. Absent
this express statement, a corporate officer may not be impleaded
and made to personally answer for the liability of the corporation.
27. THEORY OF IMPUTED KNOWLEDGE
What is meant by this theory?
Knowledge of the agent is deemed knowledge of the
principal but not the other way around.
The theory of imputed knowledge is a rule that any
information material to the transaction, either possessed
by the agent at the time of the transaction or
acquired by him before its completion, is deemed
to be the knowledge of the principal, at least
insofar as the transaction is concerned, even though the
knowledge, in fact, is not communicated to the principal
at all.
28. Sunace International Management Services,
Inc. v. NLRC2 - The High Court here has the
opportunity to discuss the application of the
theory of imputed knowledge. The OFW (Divina), a
domestic helper in Taiwan, has extended her 12-
month contract, after its expiration, for two (2) more
years after which she returned to the Philippines. It
was established by evidence that the extension was
without the knowledge of the local recruitment
agency, petitioner Sunace. The Court of Appeals,
however, affirmed the Labor Arbiter’s and NLRC’s
finding that Sunace knew of and impliedly consented
to the extension of Divina’s 2-year contract
29. It went on to state that “It is undisputed that [Sunace] was
continually communicating with [Divina’s] foreign employer.”
It thus concluded that “[a]s agent of the foreign principal,
‘petitioner cannot profess ignorance of such extension as obviously,
the act of the principal extending complainant (sic) employment
contract necessarily bound it.’”
In finding that the application by the CA of this theory of imputed
knowledge was misplaced, the High Court ruled that this
theory ascribes the knowledge of the agent, Sunace, to the principal,
employer Xiong, not the other way around. The knowledge of the
principal-foreign employer cannot, therefore, be imputed to its
agent, Sunace. There being no substantial proof that Sunace knew of
and consented to be bound under the 2-year employment contract
extension, it cannot be said to be privy thereto.
As such, Sunace and its owner cannot be held solidarily liable for
any of Divina’s claims arising from the 2-year employment
extension. As the New Civil Code provides: “Contracts take effect
only between the parties, their assigns, and heirs, except in case
where the rights and obligations arising from the contract are not
transmissible by their nature, or by stipulation or by provision of
law.”
30. BAR QUESTION:
(1) During the open forum following your lecture to a
group of managers and HRD personnel, you
were asked the following questions:
What qualifying circumstances will convert
"illegal recruitment" to "economic sabotage,"
thus subjecting its perpetrator or perpetrators
to a penalty of life imprisonment and a fine of
at least P500,000.00? Please explain your
answer briefly.
31. The Labor Code provides that illegal
recruitment shall be considered an offense involving
economic sabotage if any of the following qualifying
circumstances exists:
When illegal recruitment is committed by a
SYNDICATE, requiring three or more persons
who conspire or confederate with one another in
carrying out any unlawful or illegal transaction,
enterprise or scheme;
When illegal recruitment is committed in a LARGE
SCALE, as when it is committed against three or
more persons individually or as a group. (People v.
Navarra, G.R. No. 119361, February 19, 2001)