labor assignment

7/26/2019 Labor Assignment

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1. Matters which fall under the term Labor Law:1. Statutes passed by the state to promote the welfare of workers and

employees and regulate their relations with their employers.2. Judicial decisions applying and interpreting the aforesaid statutes.3. ules and regulations issued by administrati!e agencies within their

legal competence" to implement labor statutes.

2. Labor Statutes may be classi#ed as:

1. Labor standard laws $ those that pro!ide for the pay and otherlegal bene#ts to which the worker" while at work" is entitled to recei!efrom his employer.%&. Minimum rates of pay

2. 'elfare legislation $ those that re(uire payment of bene#ts ofgo!ernment agencies to the worker or his family when and while he

cannot work" by reason of sickness " dis ability" old age" death andsimilar ha)ards . %&. SSS Law

3. Labor relations laws $ those intended to stabili)e the relations ofemployees and their employers" ad*ust di+erences between them thrucollecti!e bargaining" and settle labor disputes through reconciliation"mediation and arbitration. %&. ,ook -" L

3. Social Legislation are Laws passed by the State to promote public welfare.%!en when there is no employer/employee relations hip. %&. 0grarian reformlaws

. 0n employer one for whom employees work in consideration of wages orsalaries. atural or Juridical person.

. 0n employee one who works for an employer4 a person working for salaryor wages4 any person in the ser!ice of another under a contract for hire"e&press or implied" oral or written. 0lways a natural person.

5. %mployee/%mployer elationship is:

/ ontractual in character4 by agreement

/ 6mpressed with public interest4 labor contracts yield to the common good./ Sub*ect to special laws on labor unions " collecti!e bargaining" strikesand lockouts" closed shop" wages and working conditions" hours of labor andsimilar sub*ects ./ 7arties en*oined not to act oppressi!ely against each other or impair theinterest or con!enience of the public./ 6n personam" in!ol!es the rendition of personal ser!ice of employee4partakes of master and ser!ant relationship.


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8. 9he elements of employer/employee relationship are:

1. 9he selection and engagement of the employee2. 9he payment of wages

3. 9he power of dis missal. 9he employers power to control the employee with respect to the meansand methods by which the work is to be accomplished ;ontrol 9est. 9he control which will establish employer/employee relationship is withrespect to the means and methods by which the work is to be accomplished.

1?. 9here is no speci#c e!idence needed to pro!e the e&istence of employer/

employee relationship.0ny competent and rele!ant e!idence to pro!e therelationship may be admitted.

11. @es. 9he State may regulate the relations between employer andemployee. 9he legal basis may be found in Section 666" 0rticle A666 of the 1>=8onstitution. Bowe!er this does not include the workers right to participatein the management of the enterprise4 this is employers prerogati!e.

12. ,ecause labor" by reason of its economic dependence upon capital" isdeemed the weaker of the two and needs the protection of the State.

13. o. %mployers are also a component of society which must be respected.

1. 9he Labor ode was written in 1>5= under the leadership of Mr. ,lasCple. 6t aims to consolidate the scattered labor laws and reorient these lawsto the needs of economic de!elopment and *ustice

1. 6t is called as the Labor ode because it is the charter of human rightsand bill of obligations.

15. 9he Labor ode took e+ect on o!ember 1" 1>8 after the lapse of 5/month transition period.

18. 9he Labor ode is di!ided into se!en books:

,ook 6 $ 12 to 2" 7re/employment,ook 66 $ 3 to =1" Buman resources De!elopment 7rogram,ook 666 $ =2 to 1" onditions of %mployment,ook 6- $ 15 to 21?" Bealth" Safety and Social 'elfare ,ene#ts,ook - $ 211 to 288" Labor elations


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,ook -6 $ 28= to 2=8" 7ost %mployment,ook -66 $ 2== to 3?2" 7enal 7ro!isions" 7rescriptions" 9ransitory andEinal7ro!isions

1=. 9he State shall a+ord protection to labor" promote full employment"ensure e(ual workopportunities regardless of se&" race or creed and regulate the relationsbetween workers andemployers. 9he State shall assure the rights of workers to self/organi)ation" collecti!e bargaining" security of tenure" and *ust andhumane conditions of work.

1>. @es. 0rticle of the Labor ode pro!ides that all doubts in theimplementation and interpretation of the ode shall be resol!ed in fa!or ofLabor.

2?. @es. Fnder 0rticle 5" all workers whether agricultural or non/agriculturalare entitle to rights and bene#ts under the Labor ode.

21. 9he general rule is go!ernment employees are go!erned by the i!ilSer!ice ules and not by the Labor ode with the e&ception of thoseemployed by GCs with charters created under the orporation ode.

22. Hecruitment and placementI refers to any act of can!assing" enlisting"contracting" transporting" utili)ing" hiring or procuring workers" andincludes referrals" contract ser!ices" promising or ad!ertising for

employment" locally or abroad" whether for pro#t or not: 7ro!ided" 9hatany person or entity which" in any manner" o+ers or promises for afee" employment to two or more persons shall be deemed engaged inrecruitment and placement.

23. Cnly indi!iduals or entities who ha!e been issued the appropriateHauthority or Hlicense can engage in or undertake recruitment andplacement.

2. ,ecause it will be illegal if one is to operate in recruitment orreplacement without license.

2. 0uthority$ document issued by the Secretary of DCL% authori)ing apersons or as s ociation to engage in recruitment and placement acti!ities asa pri!ate recruitment entity.

License $ document issued to a person or entity to operate a pri!ateemployment agency.


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25. ontract worker/ 0n employee who works under contract for anemployer. 0 contract employee is hired for a speci#c *ob at a speci#c rate ofpay. 0 contract employee does not become a regular addition to the sta+ andis not considered a permanent employee.

ame hire/ refers to a worker who is able to secure an o!erseas employmentopportunity without the assistance or participation of a recruitment agency.

Manning agency/ any person" partnership or corporation who recruits anddeploys seafarers for maritime employment.

7lacement Eee $ amount charged by a pri!ate employment agency from aworker for its recruitment and placement ser!ices " as prescribed by theSecretary./ Shall not be charged until the employee has obtained employment throughthe latters e+orts or has actually commenced employment. ;0rt32. CE's found to ha!e been illegally dismissed are entitled to theune&pired portion of their employment contracts.

3?. 9he agency which recruited or deployed the o!erseas workers

31. 9he C!erseas 'orkers 'elfare 0dministration.


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32. @es. Cnly Eilipino citi)ens or corporations" partnerships or entities at least8 of the authori)ed and !oting capital stock of which is owned andcontrolled by Eilipino citi)ens.

33. 0rticle 3 of the Labor ode pro!ides the prohibited practices:

a. 9o charge or accept" directly or indirectly" any amount greater than thatspeci#ed in the schedule of allowable fees prescribed by the Secretary ofLabor" or to make a worker pay any amount greater than that actuallyrecei!ed by him as a loan or ad!ance4b. 9o furnish or publish any false notice or information or document inrelation to recruitment or employment4c. 9o gi!e any false notice" testimony" information or document or commitany act of misrepresentation for the purpose of securing a license orauthority under this ode.

d. 9o induce or attempt to induce a worker already employed to (uit hisemployment in order to o+er him to another unless the transfer is designedto liberate the worker from oppressi!e terms and conditions of employment4e. 9o inuence or to attempt to inuence any person or entity not to employany worker who has not applied for employment through his agency4f. 9o engage in the recruitment or placement of workers in *obs harmful topublic health or morality or to the dignity of the epublic of the 7hilippines4g. 9o obstruct or attempt to obstruct inspection by the Secretary of Labor orby his duly authori)ed representati!es4h. 9o fail to #le reports on the status of employment" placement !acancies"remittance of foreign e&change earnings" separation from *obs" departures

and such other matters or information as may be re(uired by the Secretaryof Labor.i. 9o substitute or alter employment contracts appro!ed and !eri#ed by theDepartment of Labor from the time of actual signing thereof by the partiesup to and including the periods of e&piration of the same without theappro!al of the Secretary of Labor4*. 9o become an oNcer or member of the ,oard of any corporation engagedin tra!el agency or to be engaged directly or indirectly in the management ofa tra!el agency4 andk. 9o withhold or deny tra!el documents from applicant workers beforedeparture for monetary or #nancial considerations other than those

authori)ed under this ode and its implementing rules and regulations.

3. 'hen it is committed by a syndicate or in a large scale.

3. ;1< C+ender non /licensee or non /holder of authority to lawfully engagein the recruitment and placement of workers4 and;2


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MAE DIANE M. AZORES

labor assignment

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