The Essentials of HR and Labor Law. Seminar. Slides. Presentation. Prepared and delivered by Atty. Apollo X.C.S. Sangalang. July 24, 2014. AIM Conference Center. Makati City. Metro Manila. Philippines.
3. Dionarto Q. Noblejas
-versus-
Italian Maritime Academy Phils., Inc.,
Capt. Nicolo S. Terrei, Raceli B.
Fernandez, and Ma. Teresa R. Mendoza
G.R. No. 207888
June 9, 2014
Supreme Court of the Philippines
4. Philippine Spring Water Resources Inc.,
and Danilo Y. Lua
-versus-
Court of Appeals and
Juvenstein B. Mahilum
G.R. No. 205278
June 11, 2014
Supreme Court of the Philippines
8. LABOR LAW MADE EASY
1. Learn something new DAILY
about Labor Law.
2. Links to RESOURCES, SITES,
and EVENTS.
3. Quick consultation for FREE
(thru private message).
9. LABOR LAW MADE EASY
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12. Law on Ownership
• “The owner has the right to enjoy
and dispose of a thing, without
other limitations other than those
established by law.”
• (Art. 428, Civil Code).
13. Evolution of Labor Law
Slavery
Tribal
Serfdom
Feudal
Employment
Contractual
14. Law on Contracts
“The contracting parties may
establish such stipulations, clauses,
terms and conditions as may be
deemed convenient, provided they
are not contrary to law, morals,
good customs, public order, or
public policy.”
(Art. 1306, Civil Code)
18. Employer Power!
“The State recognizes the indispensable role
of the private sector, encourages private
enterprises, and provides incentives to
needed investments.”
(Sec. 20, Art. II, Constitution)
“The State…x x x… recognizing the right of
enterprises (1) to reasonable returns on
investments, and (2) to expansion and
growth.” (Sec. 3, Art. XIII, Constitution)
37. Labor Law
1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy and decision-making
6. Just share in the fruits of production
1. Self-organization and collective bargaining;
2. Freedom of expression; and
3. Strike and other peaceful concerted activities
38. Monetary Benefits
Minimum Wage Holiday Pay
Premium Pay Overtime Pay
Night Shift Differential Service Charges
Service Incentive Leave Maternity Leave
Paternity Leave Solo Parents Leave
VAWC Leave Special Leave for Women
13th Month Pay Separation Pay
Retirement Pay Compensation Benefit* (ECC)
PhilHEALTH Benefit* Social Security Benefit*
Pag-IBIG Benefit*
43. Control Test
• The power to determine the end
results and the means of doing
the work is CONTROL.
• Only an employer has the power
of control over his employees.
• The power of control need not be
actually exercised.
47. Types of Employment
Private Sector Government
Regular (Nature) Casual
Regular (Term) Non-Regular
Rank-and-file Manager & Supervisor
Time-based Results-based
48. Private Sector Government
Labor Code and
other labor laws
Civil Service Law
Department of Labor
and Employment
Civil Service
Commission
CBA + Strike CNA + No Strike
Labor Standards Exempted from
Labor Standards
49. Regular Casual
Work is “Usually
Necessary or Desirable
in the Usual Business
or Trade of the
Employer”
Work is NOT “Usually
Necessary or Desirable
in the Usual Business
or Trade of the
Employer”
Security of Tenure No Security of Tenure
51. What’s Just Cause?
1. Serious misconduct;
2. Willful disobedience (or insubordination);
3. Gross and habitual neglect of duties;
4. Fraud;
5. Willful breach of trust; and
6. Crime against person of the employer or
his immediate family or representatives.
52. What’s other Just Cause?
1. Loss of trust;
2. Gross negligence coupled with a grave
consequence;
3. Incompetence without improvement;
4. Habitual commission of minor offenses;
and
5. Unfit for continued employment based on
the “Totality of Infraction” doctrine.
53. What’s Authorized Cause?
1. Installation of labor-saving devices;
2. Redundancy;
3. Retrenchment to prevent losses;
4. Closing or cessation of establishment or
undertaking;
5. Disease prejudicial to health; and
6. Compulsory retirement.
55. Regular Non-Regular
Work is “Usually Necessary
or Desirable in the Usual
Business or Trade of the
Employer”
Same
Security of Tenure Same
Tenure is until the age of
compulsory retirement
Tenure is until completion of
the project, ending of the
season, expiration of the
fixed-term or contract, or
cessation of the emergency
or temporary contingency
56. Non-Regular Security of Tenure (?)
Project Yes, but tenure expires upon
completion of the project.
Seasonal Yes, but tenure expires upon the
ending of the season.
Contractual or
Fixed-term
Yes, but tenure expires upon the
end of contract.
Temporary or
Emergency
Yes, but tenure expires upon the
cessation of the emergency or
contingency.
57. Regular Probationary
Work is “Usually Necessary
or Desirable in the Usual
Business or Trade of the
Employer”
Same
Security of Tenure Same
No Probationary Period Probationary Period of 6
months or less
Regular from Day 1 Regularized upon qualifying,
or if allowed to work beyond 6
months (whichever comes
earlier)
68. Labor Law
1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy and decision-making
6. Just share in the fruits of production
1. Self-organization and collective bargaining;
2. Freedom of expression; and
3. Strike and other peaceful concerted activities
72. Unfair Labor Practice
• Violation of workers’ right
• Self-organization & CBA
• Committed by employer or by union
• Defined in Labor Code
• Criminal, Civil or Administrative
76. Other Types of Employee
• Field personnel
• Personal assistant
• Domestic worker
• Home worker
• Working children
• Alien
77. Other Work Arrangements
• Apprentice and learner
• Intern and trainee
• Self-employed worker or freelancer
• Virtual assistant
• Partner
• Agent
• Consultant and professional
78. Illegal Discrimination
• Women and pregnant women
• Marriage and married women
• Handicapped workers
• Single parents or solo parents
• HIV/AIDS positive workers
79. Other Hiring Practices
• Sexual harassment in the workplace
• Yellow dog contract
• Drug-testing
• Non-competition agreement
• Non-disclosure agreement
• Non-solicitation agreement
83. Model Employment Contract
• Written, dated, and signed
• Pre-employment & probation clauses
• Regular or non-regular status
• Obedience to company policies
• Starting wages & specific benefits
• Reference to job offer, handbook, etc.
84. Model Employee Handbook
• Written, dated, and signed receipt
• Code of discipline
• Code of ethics & performance criteria
• Resignation & clearance process
• Address changes & other policies
• Benefits common to all employees
85. Model 201 File
• Employment contract
• Job description and job offer sheet
• Pre-employment documentation
• Job application and bio-data sheet
• Acknowledgment receipts
• Certifications and test results
93. What is Social Justice?
Business Labor
Law
Law
Law
Law
Law
94. Rule of Law
Constitution
Laws (including Labor Laws)
Rules & Regulations
Jurisprudence
Public Policies
and Principles
of Equity
Contracts
Company
Policies
95. Elements of Labor Law
Labor
Law
Shared
Responsibility
Social
Justice
Rule of
Law
105. Ethical Best Practices
• Rotary Code of Conduct:
– “Be fair in all dealings with others and treat
them with the respect due to them as fellow
human being.”
• Human Relations, Civil Code:
– “Article 19. Every person must, in the exercise
of his rights and in the performance of his
duties, act with justice, give everyone his due,
and observe honesty and good faith.”