Policies and Recruitment Flashcards
What is Social Justice?
Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. [Calalang vs. Williams, 1940]
Why are labor contracts subject police power?
Under the Civil Code, contracts of labor are explicitly subject to the police power of the state because they are not ordinary contracts but are impressed with public interest. [PAL
Employees Savings And Loan Assn., Inc. vs. NLRC, 1996]
What makes a labor organization “legitimate”?
LC ART 212. see G and H, it’s the due registration with the DOLE.
What is a Managerial Employee?
LC ART 212. (m) “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. xxx
What is a Supervisory Employee?
LC ART 212. (m) xxx Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. xxx
What is a strike?
LC ART 212 (o) “Strike” means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
What is a lockout?
LC ART 212 (p) “Lockout” means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
What is the difference between license and authority? (re: recruitment of workers)
A license is a document issued by the Department of Labor and Employment (DOLE) authorizing a person or entity to operate a private employment agency, while an authority is a document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment agency. [Art. 13(d) and (f), Labor Code]
When is illegal recruitment considered economic sabotage?
If committed…
(1) By a syndicate - if carried out by a group of 3 or more persons conspiring and confederating with one another;
(2) In large scale - if committed against 3 or more persons individually or as a group. [Art. 38(b), LC]
T o F: Illegal recruitment necessarily includes estafa.
FALSE.
Illegal recruitment and estafa are entirely different offenses and neither one necessarily includes or is necessarily included in the other. A person who is convicted of illegal recruitment may, in addition, be convicted of estafa by false pretenses or fraudulent acts under Article 315, paragraph 2(a) of the Revised Penal Code.
In the same manner, a person acquitted of illegal recruitment may be held liable for estafa. [Rosita Sy vs. People of the Philippines, 2010]
What is the theory of imputed knowledge?
This is a doctrine in agency which states that the principal is chargeable with and bound by the knowledge of or notice to his agent received while the agent was acting as
such. Simply put, notice to the agent is notice to the principal. Since the local employment agency is considered the agent of the foreign employer, the principal, knowledge of the former of existing labor and social legislation in the Philippines is binding on the latter.
Consequently, notice to the former of any violation thereof is notice to the latter.
What is the Serrano Doctrine? (Re: pre-termination contracts of migrant workers, 3-month salary cap rule)
Serrano ruling: invalidated the 3-month salary cap
The issue in this case is the constitutionality of the last clause of Sec.10 of RA 8042:
Sec. 10. Money Claims. - x x x In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less.
The Court held that said clause is unconstitutional for being an invalid classification, in violation of the equal
protection clause. [Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, March 24, 2009]
Who can suspend or cancel a recruitment license?
The power to suspend or cancel any license or authority to recruit employees for overseas employment is concurrently vested with the POEA and the Secretary of Labor. [People v. Diaz, 259 SCRA 441 (1996)].
