basic concepts Flashcards
what are the sources of labor law? hint: COCOJUCOIN
Constitution/Law, Contract, Jurisprudence, Company Practice, International Convention
Definition of Labor Law. Hint: SRJ capital and labor
consist of statues, regulations and jurisprudence:
> governing the relations between capital and labor
> providing for certain employment standards, and other incidents of employment
2 kinds of labor
Labor Relations, and Standards
T/F. All labor laws are social legislation but not all social legislations are labor laws
True
It refers to that part of the labor law which regulates the relations between employers and workers
Labor Relations
It prescribes the minimum terms and conditions of employment which the employer is required to grant to its employees.
labor standards
definition of employer
any person acting in the interest of an employer directly or indirectly.
definition of employee
any person in the employ of an employer
any person in the employ of an employer
definition of employee
it means any union or assoc of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment
Labor Organization
whose formation, function or administration has been assisted by any act defined as unfair labor practice by this code
company union
It means a legitimate labor organization or any officer or agent of such organization whether or not employed by the employer
Bargaining representative
means any unfair labor practice as expressly defined
unfair labor practice
article 173 of LC defines Employer as
any person, natural or juridical, employing the services of the employee
Why is the Definition of Employee should not only be limited to the employees of a particular employer.
It shall include any individual whose work has ceased as a result of current labor dispute
types of workers/employees
Regular Employees, Probationary, Learner, Apprentice, Casual Employees
three considerations in Regular employment
Nature, Duration, Lapse of Probe Employment
He/She is considered as a Regular Employee if: (give 2)
- he perform activities which are necessary and desirable in the usual business or trade of the employer
-those casual employees who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.
exceptions in article 295
Project Employment
Season Employment
it is a seasonal employment if it is
hired for one season only, with exception - reasonable connection between worrk and business., engaged for more than 1 season
Principal Test in the determination of Project Employees
WON Project employees were assigned to carry out a specific project or undertaking, the duration and scope of which were specified at the time the employees were engaged for that project
Criteria in the Probationary Employment
> not exceeding 6 months,
standards were made known to the employee at the time of engagement
security of tenure: during probationary period
