Labor Law _A_General Principles and Concepts Flashcards
General Principles and Concepts - Labor Law
List the Constitutional and statutory Basis of Labor Law
HD
Pov
DJ
DP
EPL
1.1 Promotion of human dignity ( Art 2, sec. 2)
1.2 Freedom from poverty ( Art 2, sec. 9)
1.3 Principle of distributive justice ( Art 2, sec. 9)
1.4 Freedom of Initiative and Self Reliance ( Art 12, sec. 2)
1.5 Right to Due Process
1.6 Right to equal Protection of the law
1.7 Right to self-organization
1.8 Right against involuntary servitude
1.9 Right against imprisonment for debt
General Principles and Concepts - Labor Law
How is laissez faire affect Philippine labor law?
Contrary to the concept of ‘laissez faire’ (which is an economic theory that government should NOT Interfere in business affairs), the peculiarity in Philippine labor law is that The State is MANDATED to Balance/Moderate the conflicting interests between management (as to its profit), as Against the employees (a) right to self-organization and (b) security of tenure as well as (c) application of the social justice and protection of labor clauses under the Constitution.
General Principles and Concepts - Labor Law
Distinguish Labor Law vs Social Legislation
Who pays
All labor laws are social legislation, but not all social legislation is labor law.
Labor laws remuneration are paid by the employer while social legislation are usually covered by the government agencies.
General Principles and Concepts - Labor Law
Art 3 of Labor Code - Declaration of Policy
Memorize mnemonic: PEE-SC-SSJ
Protection
Emplymnt
Equal
Self
CBA
Security
Strike
Just
Art 3 LC - Declaration of basic policy
The State shall afford protection to Labor,
promote full employment,
ensure Equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers.
The State shall assure the rights of workers to Self-Organization,
Collecting Bargaining,
right to Strike,
Security of Tenure, and
Just and Humane conditions of work.
General Principles and Concepts - Labor Law
What is the principle of Social & Distributive Justice?
Balancing of interests in case workers and managements rights collide.
While the Constitution is committed to the policy of social justice and the protection of the working class, it should NOT be supposed that every labor Dispute will be decided in favor of Labor.
Management has also its rights which are entitled to respect and enforcement in the interest of simple fair play.
Hence, where management prerogative to transfer employees is validly exercised, as in this case, courts will decline to interfere.
General Principles and Concepts - Labor Law
How to balance the conflicting interests between Management and Labor - what are the rights involved?
Management :
a. Capital
b. Profit
c. Management prerogatives of 1. Hiring, employee classification; 2. Control of working methods; and 3. Right to make R&R
Labor:
a. Work
b. Equitable share in the profits
c. Workers rights 1. minimum standards & social legislation; 2. constitutional rights to Security of tenure, Unionization, CBA and Strike
State - Police power, Social Justice, & Interpretation in favor of Labor
General Principles and Concepts - Labor Law
What are the 6 General rules to REMEMBER for the ‘Balancing of Interests’ in answering problem-solving questions?
Ex of EErel
PrinOfInc
BOP
SubEvid only in AdminC
NonRetr
InCase of D
(1) The existence of Er-Ee relationship is a condition SINE QUA NON for the application of Labor laws, and for Labor courts to have jurisdiction.
(2) Principle of (LC) Incorporation
Once an employer-employee relationship is established, the LC is automatically incorporated into that relationship.
Under this principle, the minimum Labor standards and benefits under LC are now inherent to that relationship even without employment contract.
(3) Burden of Proof
This burden is always upon the EMPLOYER TO SHOW validity in its exercise of management prerogatives, (especially in termination of employment). Exceptions (where burden is on employee) a. Fact of Hiring and b. Fact of Firing/dismissal
(4) There must be SUBSTANTIAL evidence to prove that there is valid exercise of management prerogatives ( vis-a-vis in Just or Authorized causes of termination )
Note:
a) Proof beyond reasonable doubt is not required in administrative cases
b) Substantial evidence is the amount of Relevant evidence which a REASONABLE Mind might Accept as ADEQUATE to justify a conclusion
(5) There is NO Retroactive effect of Labor laws.
Exception: If the law expressly provides.
(6) In case of doubt, interpret the law in favour of labour.
General Principles and Concepts - Labor Law
What are the cardinal 4 tests to determine existence of an employer-employee relationship?
MemAid: South West Disaster Control
- Selection and hiring
- payment of Wages
- power of Dismissal
- Control Test
Of these 4 tests, the most important test is the element of control which has been defined as (MEMORIZE this) “ one where the employer has reserved the Right to Control not only the WORK to be achieved, but the MANNER and METHOD by which such work is to be completed”
Employer - Employee relationship as to Issues of Jurisdiction
What are the two elements to determine Jurisdiction of Labor Courts?
(Issue usually is: Is it a Labor dispute or a civil dispute? eg. Staff benefits )
- There exists Employer-employee relationship (4 tests)
and
- There must be a reasonable CASUAL CONNECTION between the
a. parties’ Ee-Er relations as well as
b. the claim asserted
in order for the labor courts to have Jurisdiction.
In other words, is the relief something which can be answered by reference to the Labor Code?
In the negative, it is the regular courts that have jurisdiction.
Employer - Employee relationship as to Issues of Jurisdiction
Is the termination of a higher management officer ( Asst VP, Executive VP or VP) a labor case or a corporate issue?
(Corporate officer or Ordinary Employee)
If the complainant is named as a corporate officer per the Articles or By-Laws, then the removal of the person is an INTRA CORPORATE Controversy - hence, within the jurisdiction of the ordinary courts.
If not, then the person is an ordinary employee who may only be terminated for (1) just or authorized cause, and (2) after due process compliance with the provisions of the Labor code.
