WEEK 1-4

Question 1

How does the Consti. Treat Labor?

Answer 1

The constitution states the Labor is a social economic force and the state must protect the rights and promote the welfare of the workers.

Question 2

How will the state protect the rights and promote the welfare of the workers?

Answer 2

The constitution guarantees the workers full protection of the law whether they are employed in the Philippines or in abroad. The following are the rights of the workers as guaranteed by the state:

This is all stated in ART.13 Section 3
1. The Right to form Labor unions
2. The Right to just and human conditions to work , ie hours and wages law; &
3. The Right security of employment, the employee must not be terminated from employment except from just cause or cause authorised by the law, and must be given an opportunity to defend on why the termination of the employment should not take place.

Question 3

What is Labor Law?

Answer 3

The Labor law is a branch of law that governs the worker and employee relationship. The Labor law includes:

1. Labor Standards Law provides the minimum terms and working conditions of an employee which is necessary for their safety, health, and welfare; &
2. Labor Relations Law that regulates the employees relationship with employeer, the employee’s organized Labor unions; employer’s union and its members; and union and the government.

Question 4

Which agency administers and enforces labor law?

Answer 4

The Department of Labor and Employment is the principal government agency that administers and enforces labor law. The employees and employers can report to any violation of the law to DOLE which they can order the violator to obey and comply with the law.

Regulat courts of law such as RTC can hear and decide all criminal violence of Labor law. The penalties for violation of the law may either be fine/ imprisonment

Question 5

What are the sources of Labor law?

Answer 5

1. The 1987 Consti
2. Law passed by law-making body
3. Rules and Regulations issued by DOLE and other agencies
4. Collective Bargaining Agreement
5. Company Personnel Policies

Question 6

How are Labor laws interpreted?

Answer 6

All doubts in meaning and application of the law must be decided in favor of the worker. This interpretation best projects the workers, which is the weaker party compared to the employer and emphasizes the government’s primary concern is for the worker.

The law, however, must equally protect the employer as a part of the rule that justice is for all and in accordance with fair play. Hence, when the employer is right the DOLE will decide in favor of the employer.

Labor laws must be adminisitered and enforced with fairness and justice to the both employer and the worker.

Question 7

Who is an employer?

Answer 7

The owner of the business, the employer’s representative who act on his/her behalf can be considered as employer when the owner authorised the employer’s representative to act on his/her behalf.

Question 8

Who is an employee?

Answer 8

The employee is the one who works or is in service to the owner of the business

Question 9

What are the classification of the employees?

Answer 9

Re-Pro-Se-Co-Ca

1. Regular employees whose work is usually necessary and desirable to the owner or trade of business.
2. Probationary employees are given a time to show their skills and qualifications to the position they seek. Probationary employees is given a period of six (6) month or longer unless agreed upon.
3. Seasonal employees are only hired for a specific season of a year.
4. Contract or Project Employees are workers that is hired for a specific period of time and tasked to perform specific tasks.
5. Casual Employees are incidental to the business of the employer. The Casual Worker employees can be Regular with a one year period of their service, could be continuing or broken, but it will be the same position and when there is a need of employees to the position.

Question 10

How should the employer and the worker behave towards each other?

Answer 10

The relationship between the employer and the employee is not merely contractual but is impressed with public interest. They are joint in undertaking. Neither must abuse another. They must recognise their rights and obligations to each other and to the public.

Question 11

What are the determants by SC given some guidelines to determine the employer-employee relationship?

Answer 11

It is by applying the four-fold test:
1. Selection and engagement of the employees
2. Payment of the wages
3. Power to Dismissal
4. Power to control the employees with their means and methods to accomplish the work.

Question 12

What are the two types of control?

Answer 12

1. Control as guidelines (this will not create EE relationship)
2. Control on the means and methods of the work

Question 13

What is the basis for stability in income and ultimately, in life itself?

Answer 13

It is the Employment

Question 14

What is Security of Tenure

Answer 14

Security of tenure is the guarantee provided by the constitution and Labor Code that no employee must be terminated of employment except for just cause and causes provided by law.

This guarantee means that no employer has the right to fire and terminate the employees from employment at will.

Question 15

What are the obligations of the employer before terminating the services of an employee for a just cause?

Answer 15

The employer must:

1. Inform the employee in writing the cause for his/her termination; and
2. Give the employee a sufficient time to answer the charges, and present a defense or defenses at the option of the employee, with or without an assistantance of a lawyer.

In all cases the employer must provide enough proof and support their justifications for the termination of an employment.

Question 16

What are the just causes of employment?

Answer 16

Just causes for termination of employment involves the worker’s character, integrity, or work attitude. The ff are considered as just cause for termination:
1. Serious misconduct or willful disobedience of the lawful order of the employer or the employer’s representative;
2. Gross and habitual neglect of duty
3. Fraud or breach of trust given by the employer or the employer’s representative; and
4. Crimes or offense committed against the employer or any immediate member of the family of the employer or the employer’s representative

Question 17

Other causes for termination of employment by the employer may be business-related, or due to technology improvements, which are those?

Answer 17

1. Installing labor-saving devices in the place of work;
2. Excess of work or redundancy;
3. Retrenchment of reduction of size of the workforce to prevent the business loss; and
4. Closing or cessation of the operations

Question 18

How is an employee protected when termination of employment is due to the business or technology-related business?

Answer 18

1. The employer must inform the workers and DOLE in writing one month in advance before the termination of the employment and;
2. Pay the terminated worker a separation or termination pay.

In all causes, services of at least 6 month must be considered as one year.

Question 19

The computation of Termination Pay due to business-related are:

Answer 19

1. Installing Labor saving device and redundancy is at least 1 month pay or 1 month pay for every year of service
2. Retrenchment and Closure is atleast 1 month pay or 1/2 month pay for every year of service

Question 20

Can an employer terminate employment on the ground the employee is found suffering from disease?

Answer 20

Yes if only
1. A competent public health doctor issued a certification that the disease cannot be cured within 6 months even if properly treated;
2. Continued employment is prohibited by the law; and
3. Continued employment is prejudicial to the health of the worker’s and the health of their co-worker.

Question 21

How is an employee protected when the employee is terminated in the grounds of disease ?

Answer 21

They must be paid a termination or separation pay equivalent to atleast 1 month pay or to 1/2month pay for every year of service, whichever is higher.

A fraction of atleast six months of service must be considered as 1 year