Additional Labor Laws (2018 Bar)

Question 1

• Freedom of Speech
• Right of Public & Private Sector Employees to Form Unions, Associations/Societies
• Non-impairment of Obligations of Contracts
  -Right to Specigy Disposition of Cases in Judicial, Quasi-judicial, Administrative Bodies
  -Prohibition Against Involuntary Servitude

Answer 1

Article 3 (Bill of Rights) - Constitution

Question 2

Sec. 18 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Answer 2

Article 2 (Declaration of Principles and State Policies) - Constitution

Question 3

• The relations between capital and labor are not merely contractual.
• Labor contracts must yield to the common good.

Answer 3

Article 1700 of Civil Code

Question 4

In case of doubt, all labor legislation and labor contracts shall be construed in favor of the safety and decent living for the laborer.

Answer 4

Article 1702 of Civil Code

Question 5

Migrant Workers and Overseas Filipinos Act of 1995

Answer 5

RA 10022 amended RA 8042

Question 6

• general rule is that no employee may be compelled to render overtime work against his will.
• there are exemptions wherein employees cannot refuse (emergency situations)

Answer 6

Art. 89 Emergency Overtime Work

Question 7

• Aug. 07, 2019
• amended Art. 96 of Labor Code

Answer 7

RA 11360

Question 8

All service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the covered workers except managerial employees.

Answer 8

Art. 96 Service Charges

Question 9

• prohibits any person to withhold any amount from wages of worker
• prohibits “kickback”

Answer 9

Art. 116 of Labor Code

Question 10

act of person to induce a worker to give up any part of his wages by force or any other means without consent

Answer 10

Kickback

Question 11

withholding of wages, except for debt due, are not allowed to be made by employer

Answer 11

Art. 1706 of Civil Code

Question 12

employer is not allowed to seize or retain any tool or articles belonging to laborer

Answer 12

Article 1709 of Civil Code

Question 13

prohibits any person to require deduction be made or to actually make any deduction from wages of employee for the benefit of employer

Answer 13

Article 117 of Labor Code

Question 14

prohibits employer to:

• refuse to pay wages & benefits of employees
• reduce wages/benefits
  -discharge him from employment
• discriminate in any manner

Answer 14

Article 118 of Labor Code

Question 15

Principle of non-elimination and non-diminution of benefits

Answer 15

Article 100 of Labor Code

Question 16

unlawful act of employer to require as a condition for or continuation of employment that a woman employee shall not get married

Answer 16

Article 136 of Labor Code

Question 17

unlawful acts:

• discharge woman for purpose of preventing woman from enjoying maternity leave, facilities & other benefits
• discharge woman on account of pregnancy
• discharge or refuse admission for fear that she may be again pregnant
• require condition for or continuation of employment that woman employee shall not get married

Answer 17

Article 137 of Labor Code

Question 18

Anti-Sexual Harrassment Act

Answer 18

RA 7877

Question 19

Domestic Workers Act or Batas Kasambahay

Answer 19

RA 10361

Question 20

house helpers shall not be required to work for more than 10 hours per day

Answer 20

Article 1695 of Civil Code

Question 21

• June 21, 2011
• Night Workers

Answer 21

RA 10151

Question 22

Magna Carta for Disabled Persons

Answer 22

RA 7277

Question 23

ULP

Answer 23

Unfair Labor Practice

Question 24

• only ULP exception as it may or may not relate to exercise of right to self-organization & collective bargaining
• dismiss, discharge or otherwise prejudice or discriminate against employee for having given or being about to give testimony under Labor Code

Answer 24

Art. 248

Question 25

- Art. 258 - Art. 259 - Art. 260 - Art. 274 - Art. 278 (c)

Answer 25

5 Provisions related to ULP

Question 26

describes concepts of ULP and prescribed procedure for prosecution

Answer 26

Art. 258

Question 27

enumerates ULPs committed by employers

Answer 27

Art. 259

Question 28

enumerates ULPs committed by labor organizations

Answer 28

Art. 260

Question 29

considers violations of CBA as no longer ULPs unless same are gross in character; flagrant/malicious refusal to comply with economic provisions

Answer 29

Art. 274

Question 30

- union-busting - dismissal from employment of union officers duly elected in accordance with union constitution and by-laws, where existence of union is threatened

Answer 30

Art. 278 (c)

Question 31

- Feb. 09, 2016 Revised Guidelines Governing the Employment and Working Conditions of Security Guards and Other Private Security Personnel in the Private Security Industry

Answer 31

D.O. 150, Series of 2016

Question 32

- Mar. 16, 2017 - Substantial Capital - 5M Php paid up capital stocks/shares for corporations, partnerships or cooperatives - net worth of at least 5M Php for single proprietorship

Answer 32

D.O. 174, Series of 2017

Question 33

Termination by Employer

Answer 33

Art. 297

Question 34

Prohibited Activities (for Termination)

Answer 34

Art. 279 (a)

Question 35

National Interest Cases (for Termination)

Answer 35

Art. 278 (g)

Question 36

Union Security Clause (for Termination)

Answer 36

Art. 259 (e)

Question 37

Anti-Age Discrimination in Employment Act - July 21, 2016 - D.O. No. 170, Series of 2017

Answer 37

RA 10911