LABOR LAW Flashcards
is the one who employs the services of others or who acts for and in behalf of an employer, one for whom employees work and who pays their wages or salaries
Employer
is the one who works for an employer for a fee; a person working for salary or wages
Employee
Refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof
Managerial Employees
shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.
FIELD PERSONNEL
ELEMENTS OF EMPLOYER – EMPLOYEE RELATIONSHIP OR FOUR FOLD TEST
- Selection and engagement of the employee
- Payment of Wages
- Power of Dismissal
- Power to Control
Authorized causes of dismissal
Installation of labor saving devices
Redundancy
Retrenchment ( downsizing)
Closing or cessation of business
Piercing the veil of the corporate fiction
Just Causes
- Serious misconduct
- Willful disobedience or insubordination
- Gross and habitual neglect of Duties
- Fraud or willful breach of trust
- Loss of Confidence
- Commission of a crime
the right of every employee not to be dismissed without just or authorized cause and in the absence of the due process.
Secuirty of Tenure
Requisites
- The admin agency is performing a quasi-judicial function.
- Judicial Review is available
- The courts acts in its apellate jurisdiction
where the law has delineated the procedure by which administrative appeal or remedy could be effected, the same should be followed before recourse to judicial action can be initiated
Doctrine of Exhaustion of Administrative Remedies
are subject to special laws on wages, working conditions, hours of labor, and similar subjects
Labor contracts
Labor contracts are subject to ____________________
Police Power
The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers,
shall have access to employer’s records and premises at any time
of the day or night whenever work
is being undertaken therein, and the right to copy therefrom, to
question any employee and investigate any fact, condition or
matter which may be necessary to determine violations or which may
aid in the enforcement of this Code and of any labor law, wage order or rules and regulations
issued pursuant thereto.
Article 128 - Vistorial and Enforcement Power
The policy of social justice is not intended to countenance
wrongdoing simply because it is committed by the underprivileged.
_________________ cannot be permitted to be refuge of scoundrels any more than can
equity be an impediment to the
punishment of the guilty. Those who invoke social justice
may do so only if their hands are clean and their motives blameless and not simply because they happen to be
poor
Social Justice for the deserving, Social Justice
Kinds of employees
- Regular Employees
- Project Employees
- Seasonal Employee
- Casual Employees
