LABOR LAW II REVIEWER

 Memorize for Labor Law II

 

Social Justice simplified means the promotion of the welfare of the people.

 

Interpretation in favor of labor clause

          Because there is inherent equality between the employer and employee

 

Article 3, Labor Code (A.P.E.R.A.)

Afford full protection to labor

Promote full employment

Ensure equal work opportunities for all regardless of sex, creed or race

Regulate the relations between the workers and employers

Assure the rights of the workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work

Employee is any person who is employed of an employer

 

Four-fold test is the criteria for employer-employee relationship (M.M.P.P.)

Manner of selection and engagement of the employee;

Mode of payment of wages;

Presence or absence of the power of dismissal; and

Presence or absence of the power to control the employee's conduct (***CONTROL TEST; most crucial)

in relation to the ends to be achieved and means and method of the work accomplished.

TWO-Tiered Tests

1.     CONTROL TEST***

Presence or absence of the power to control the employee’s conduct in relation to the ends achieved and means and methods to achieve such ends.

2.    ECONOMIC REALITY TEST

Test to determine if the worker is reliant to the employer to earn a living

(Payment of contributions)

 

There are three (3) EGGS in job contracting (TRILATERAL RELATIONSHIP)

          Egg one: (Agency) Job contractor

            Egg two: (Client) Principal

            Egg three: Employee

           

Contract of service is the relationship between Job contractor and the client.

Contract of employment is the relationship between the Job contractor and the client

There is no relationship between the Client and the Employee

 

Solidary Liability under Job only contracting with respect to money claims

(agency) contractor

(principal) client

is the direct employer

is the indirect employer

EMPLOYMENT

in case of NON-PAYMENT OF WAGES

 

RIGHTS OF EMPLOYEES in relation to labor standards (Working conditions of employment)

1.       Security of Tenure

2.      Humane Conditions of Work

3.      A Living Wage

4.      Just share in the fruits of production

 

RIGHTS OF EMPLOYEES in relation to labor relations

1.       Self-Organization

2.      Collective Bargaining and Negotiations

3.      Peaceful Concerted Activities including right to strike

4.      Participate in the policy and decision-making processes affecting their rights sand benefits as may be provided by law.

 

EMPLOYER’S RIGHT (Management Prerogative)

1.       Conduct of Business

2.      Formulate Rules and Regulations

3.      Select and hire employees

4.      Transfer and discharge employees

 

LIMITATIONS OF THE RIGHT OF THE EMPLOYER

1.       Rights must be exercised in good faith (Boni-Fide Character)

2.      For the Advancement of the Employer’s Interest

3.      With due regards of the right of labor verily the e principles of fair play at heart and justice in mind.

 

REGULATIONS BY THE STATE

          Social justice

            Police power

 JURISDICTION OF LABOR ARBITER (ART 224)

1.       Unfair Labor Practice

2.      Termination Cases

3.      Money Claims with Restatement (cause of illegal termination)

4.      Claims for damages (A.M.E and other forms of damages arising from E-E relationship)

(remember M.E.N.T.A.L./MANTEL in civil law)

5.      Legality of Strikes and Lockout (Art. 279)

6.      Money claims exceeding P5,000

7.      Enforcement of Compromise Agreements (Art. 233)

8.      Wage Distortion disputes in unorganized establishment

9.      Money claims of Overseas Filipino Workers (OFWs)

10.  Other cases as may be provided by law.

 

WAGE DISTORTION situation where an application of mandated wage increase results in the elimination or severe contraction of existing salary differential among employees’ group in an establishment. (5 Star definition)

"A wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation.”

 

ELEMENTS

(1) Existing hierarchy of positions with corresponding salary rates;

(2) Significant change in the salary rate of a lower pay class without a concomitant increase in the salary rate of a higher one;

(3) Elimination of the distinction between the two levels; and

(4) Existence of the distortion in the same region of the country.

 

Applies only to wage order from the National Conciliation and Mediation Board (NCMB) not the employer or management.

 

JURISDICTION OF THE SECRETARY OF LABOR

1.       Money claims not exceeding P5000 with the following requisites

a.     There is employer-employee relationship

b.     Money claims does not exceed P5,000

c.      No claims for reinstatement

2.      Visitorial and Enforcement Power of the Secretary of Labor (Art. 128 in relation to Republic Act 7730)

3.      Regional Director is under the umbrella of the Secretary of Labor

 

VISITORIAL POWER OF THE SECRETARY OF LABOR

1.       Routinary Inspection -the Secretary of Labor can instruct labor inspection officer for the inspection of business establishments; violations arising this power of the secretary is cognizable under the Regional Director even if the amount exceeds P5,000.

2.      Complaint Inspection -if the amount exceeds P5,000, the Secretary of Labor will endorse the case to the Labor Arbiter.

 

JURISDICTION OF THE REGIONAL DIRECTOR UNDER THE UMBRELLA OF THE SECRETARY OF LABOR (DOLE)

 

COMPLAINT --------------àSENA (Single Entry Approach) -Proceeding whereby parties are tryingn to settle their conflicts or disputes before the office of regional directior for purposes of settlement ---------------à FILING OF PLEADINGS ---------à DECISION OF THE REGIONAL DIRECTOR -----------------à APPEAL TO THE SEC OF LABOR -------------à COURT OF APPEALS ---------------à SUPREME COURT

 

JURISDICTION OF THE SEC

1.       Controversies with respect to elections

2.      Intra corporate disputes (Transferred to RTC)

 

BUREAU OF LABOR RELATIONS

1.       Inter union conflicts -conflict between, among legitimate labor organization

2.      Intra union conflicts -conflict between, among union members

3.      All disputes or problems arising from or affecting Labor-Management Relations

 

JURISDICTION OF VOLUNTARY ARBITRATOR

1.       Interpretation or implementation of CBA

2.      Interpretation or enforcement of company policies

 

JURISDICTION OF THE NATIONAL CONCILIATION MEDIATION BOARD

1.       Conduct of preventive mediation for purposes of strike

2.      In the event the NCMB files a complaint filed by an employee for purposes of settlement, the NCMB will entertain the case only for the purpose of settlement.

SEE ALSO: LABOR LAW II REVIEWER (PART I) (thelawyalstudent.blogspot.com)

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