This document provides an overview of labor law and human resources (HR) principles using the acronym D.O.C.U.M.E.N.T. It emphasizes the importance of documentation, understanding labor law, mastering HR practices, embracing best practices like written employment contracts, and negotiating disputes with experts. The document also discusses labor-management cooperation and collective bargaining agreements. It aims to help employers and employees have win-win relationships based on good faith, as required by law.

1. Atty. Apollo “PoL” X.C.S. Sangalang
Business Lawyer & Legal Coach

2. • No lawyer-client relationship.
• Consult your own legal counsel.
• Remember: legal opinions differ.
• Respect the sub judice rule.
• Avoid conflicts of interest.

3. Omni Hauling Services Inc., Lolita Franco
and Aniceto Franco
-versus-
Bernardo Bon, et. al. (and 17 other
worker-respondents)
G.R. No. 199388
September 3, 2014
Supreme Court of the Philippines

4. https://www.facebook.com/legalcoach
- Learn something
new daily (and for
free!).
- Links to resources,
sites, and events for
easy access.
- Free quick consultations (thru private message).

5. What’s the Essentials of
HR and Labor Law?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH

6. How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.

7. Documentation X 3
• Pre-Employment Documentation.
• Employment Documentation.
• Pre-Termination and Post
Employment Documentation.

8. Open-Mindedness
• Be tolerant with your workers.
• Be receptive to new ideas and
possibilities.
• Be accepting of the outcome.

9. Clarity
• Clarity in written communication.
• Clarity in your talk and action.
• Clarity in purpose and objective.

10. Understand Labor Law Principles
• Understand that:
1. Labor Law is a “Game”.
1. the “Rules of the Game”.
1. the “Goals of the Game”.

11. Win-Win Lose-Win
Game
Results
Scenarios
Win-Lose Lose-Lose

12. It all starts with a…

13. Employee
Employee
Employee

14. Slavery
Tribal
Serfdom
Feudal
Employment
Contractual

15. Did you know that…

16. “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)

17. Slavery
Labor
Serfdom
Land
Employment
Capital

18. “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).

19. +
________________________________________________________
=

20. “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)

21. Management Prerogative
1. Right to hire;
1. Right to fire;
1. Right to fix compensation
& benefits; and
1. Right to control.

22. “So what’s the problem?”
Well…

23. “Why!?”

24. “What are these limitations?”
1)
2)

25. Slavery
Might is
Right
Serfdom
Divine Right
Employment
Constitutional
Right

26. Burden
of
Proof
All
Doubts E.A.P.G.

27. Slavery
Masters
Serfdom
Lords
Employment
HR
Managers

28. How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.

29. Master HR
• ER / LR is essentially HR.
• HR is exemplified by MR.
• MR is enhanced by GR.

30. Did you know that…

31. Pre-Employment
Employment
Post Employment

32. Courtship +
Engagement
Marriage
Separation +
Annulment

33. Recruitment
Selection
Placement

34. Courtship
Engagement
Marriage

35. Job Analysis
Job
Description
Advertise
Vacancies
Background
Checks
Job
Interview
Receive Job
Applications
Testing
Short-
Listing
Job Offer &
Acceptance

36. Happy
Ending
•Golden
Anniversary
•Separation
•Lawsuits
Tragic
Ending
MARRIAGE

37. Happy
Ending
• Retirement
• Cordial
Resignation
•Termination
• Labor case
• Other lawsuits
Tragic
Ending
EMPLOYMENT

38. Anatomy of a Labor Dispute
Capitalist Worker

39. Win-Win Lose-Win
Conflict
Resolution
Scenarios
Win-Lose Lose-Lose

40. Labor Relations Game
Unionism
and Right
to Strike
Labor
Standard
Social
Justice
Security of
Tenure

41. Rule of Law
Constitution
Laws (including Labor Laws)
Rules & Regulations
Jurisprudence
Public Policies
and Principles
of Equity
Contracts
Company
Policies

42. Shared Responsibility Model
Business
Labor
Progress
and
Development

43. Tripartite Model
Government
Labor Business

44. What is Social Justice?
Business Labor

45. Elements of Labor Law
Labor
Law
Shared
Responsibility
Social
Justice
Rule of
Law

46. Labor Law
Employment
Law

47. Did you know that…

48. Did you know that…

49. Employee
•Labor Law
•Control
•Civil Law
•No Control
Independent
Contractor
Hiring Process

50. Labor
Law
Control

51. 1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy-making and
decision-making
6. Sharing of the fruits of production
• Self-organization and collective bargaining;
• Freedom of expression; and
• Strikes or other peaceful-concerted activities

52. Minimum Wage Holiday Pay
Retirement Pay
Premium Pay Overtime Pay
Compensation
Benefit* (ECC)
Night Shift
Differential
Service Charges
PhilHEALTH
Benefit*
Service Incentive
Leave
Maternity Leave
Social Security
Benefit*
Paternity Leave Solo Parents Leave
Pag-IBIG Benefit*
VAWC Leave
Special Leave for
Women

53. 2014 Handbooks

55. Test of Employment
Hire Fire
4-Fold Test
Pay* Control

56. What’s Control?
End
Means
Control

57. 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.

58. Non-employment Options
Independent Contractors Job Contractors
Consultants Freelancers
Agents Industrial Partners
Corporate Officers Cooperative Members
Volunteers Interns

59. Did you know that…

60. Job Analysis
Job
Description
Advertise
Vacancies
Background
Checks
Job
Interview
Receive Job
Applications
Testing
Short-
Listing
Job Offer &
Acceptance

61. Types of Employment
Private Sector Government
Regular (Nature) Casual
Regular (Term) Non-Regular
Rank-and-file Manager & Supervisor
Time-based Results-based

62. 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

63. 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

64. “What is Security of Tenure?”

65. “What is 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.

66. Other Kinds of Just Causes
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.

67. “What is 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.

68. “What’s a Regularized Casual?”

69. 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

70. 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.

71. 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)

73. P.R.P.A.
•Outsource
Hiring
Process
Job
•Outsource
Work
Contractor
Hiring Process

74. Job Contracting
Principal
NO CONTROL NO CONTROL
Contractor Employee
CONTROL

75. Labor ONLY Contracting
Principal
NO CONTROL CONTROL
Agent Employee
NO CONTROL

76. Test of Employment
Hire Fire
4-Fold Test
Pay* Control

77. What’s Control?
End
Means
Control

78. Direct Contracting
Employer
5-5-5 Fixed-term
Employee

79. Manpower Cooperative
Principal
NO CONTROL NO CONTROL
Cooperative Employee
CONTROL

80. Self-Employed Cooperative
Principal
NO CONTROL NO CONTROL
Self-
Employed
Cooperative
NO CONTROL

81. 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

82. Labor-Management
Cooperation
• Workers’ right
• Participate
• Policy & decision making processes
• Rights, benefits and welfare
• According to law

83. Unions and
Certification Elections
• Workers’ right
• Self-organization
• Peaceful Concerted Activities
• Strike
• According to law

84. Takata (Philippines) Corporation
-versus-
Bureau of Labor Relations and
Samahang Lakas Manggagawa ng Takata
(SALAMAT)
G.R. No. 196276
June 4, 2014
Supreme Court of the Philippines

85. Unfair Labor Practice
• Violation of workers’ right
• Self-organization & CBA
• Committed by employer or by union
• Defined in Labor Code
• Criminal, Civil or Administrative

86. Collective Bargaining
Agreement
• Negotiated contract
• Exclusive bargaining agent and
• Employer
• Terms and conditions of
employment
• Grievance and Arbitration provisions

87. Level or Rank
• Corporate officer
• Manager
• Managerial staff
• Supervisor
• Rank-and-file
• Confidential

88. Mode of Payment
• Time-based
• Results-based
• Commission-based
• Piece-rate
• Pakyaw
• Mixed

89. Other Types of Employee
• Field personnel
• Personal assistant
• Domestic worker
• Home worker
• Working children
• Alien

90. Other Work Arrangements
• Apprentice and learner
• Intern and trainee
• Self-employed worker or freelancer
• Virtual assistant
• Partner
• Agent
• Consultant and professional

91. Illegal Discrimination
• Women and pregnant women
• Marriage and married women
• Handicapped workers
• Single parents or solo parents
• HIV/AIDS positive workers

92. Other Hiring Practices
• Sexual harassment in the workplace
• Yellow dog contract
• Drug-testing
• Non-competition agreement
• Non-disclosure agreement
• Non-solicitation agreement

93. How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.

94. Embrace Best Practices
• Good Practices.
• Better Practices.
• Best Practices:
WRITTEN EMPLOYMENT
CONTRACT

95. 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.

96. Model Employee Handbook
• Written, dated, and signed receipt
• Code of discipline
• Code of ethics & performance criteria
• Resignation & clearance process
• Address changes & notification
• Common benefits listed

97. 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

98. How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.

99. Negotiate X 3
• Negotiate before a labor dispute.
• Negotiate during a labor dispute.
• Negotiate after a labor dispute.

100. Take advice only from experts
• Licensed or seasoned experts.
• Local labor law experts.
• Practical and trust-worthy experts.

101. What’s the Essentials of
HR and Labor Law?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH

102. Best of the Best HR Practice
• 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.”

103. Rotary’s
4-Way
Test
Truth
How?
Fair
Goodwill and
Better Friendships
Beneficial

104. Good Faith Test
1. Do no harm.
2. Make things better.
3. Respect others.
4. Be fair.
5. Be compassionate.

105. WHAT IS GOOD FAITH?

108. LABOR LAW MADE EASY
(a Facebook page) https://www.facebook.com/legalcoach
LIKE
COMMENT
SHARE
TAG