labor law made chewable (by atty. pol sangalang)

LABOR LAW made

chewable

Atty. PoL Sangalang’s

LABOR LAW MADE EASY(A FACEBOOK PAGE) HTTPS://WWW.FACEBOOK.COM/LEGALCOACH

PoL Sangalang’s

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.

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.

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).

3 PARTIES IN EMPLOYMENT

EMPLOYER. Business Owners, Capitalists, and

Entrepreneurs. Management.

EMPLOYEE. Workers, Laborers, and Proletariat. Unions.

STATE (or the government).

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.

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).

3 OTHER WORK ARRANGEMENTS

Agency. Commission Basis versus Commission Agent.

Partnership. Profit Sharing versus Industrial Partnership.

Independent Contractor. Labor Only Contracting versus Job

Contracting.

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.)

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.

DO YOUR W.O.R.K. (© 2013)

W ealth is in your ability to do work.

O wnership is what will make you excel.

R ighteousness is your solid foundation.

K nowledge is your key to success.

LABOR LAW MADE EASY(A FACEBOOK PAGE) HTTPS://WWW.FACEBOOK.COM/LEGALCOACH

PoL Sangalang’s