Labor Code of the Philippines Volume I. - GPA Law

1 Ii iii iv THE. Labor CODE. WITH COMMENTS. AND CASES. v Books by the Author EMPLOYMENT AND OUTSOURCING UNDER PHILIPPINE LAW. Two Basic Labor Questions: Legal concepts and court rulings on employment and non-employment relationships explained for the general reader SPECIAL Labor LAWS. The Labor laws outside the Labor Code that are required subjects in the law curricula (Bachelor of Laws and Juris Doctor) and often consulted by employers and employees. Some special laws are annotated with comments and court rulings THE Labor CODE WITH COMMENTS AND CASES. Labor STANDARDS AND WELFARE ( Volume I). Labor RELATIONS ( Volume II-A). EMPLOYMENT TERMINATION ( Volume II-B). The two- Volume textbooks: A comprehensive study of the whole Labor Code, richly amplified with comments and court rulings; intended for law or business students, lawyers, other practitioners, and business persons; recipient of the Supreme Court Centenary Book Award ; a popular Labor law textbook (the Supreme Court in Cainta Catholic School case, May 4, 2006); now on its twenty- second year, eighth edition EVERYONE'S Labor CODE.

2 The Labor law fundamentals and reviewer: The Labor Code for business and law students, bar reviewees, unionists, and the general public; key codal provisions are supplemented with essential explanatory Notes' and rulings condensed in plain English; seventh edition ESSENTIAL Labor LAWS. The companion book: A handy bible of the Labor laws most frequently consulted by most practitioners and ardent students Labor LAWS SOURCE BOOK. The compilation: The integrated, updated, and systematic compilation of virtually all Labor laws; primarily meant for practitioners, teachers, and researchers;. consists of three parts: the Labor Code with update and reference notes; the Implementing Rules; and other Labor laws; previously titled Labor Law Handbook DEMOCRACY AND SOCIALISM: A CURRICULUM OF CONTENTIONS.

3 A study in political theory: An integrating exposition of the principles and postu- lates of the two socio-political ideologies; approved as general reading or college reference book by the Department of Education vi vii STRUCTURE. Volume I contains the Preliminary Title and Books I to IV of the Labor Code: PART ONE The Labor Code with Annotations Preliminary Title Book I Pre-employment Book II Human Resources Development Book III Conditions of Employment Book IV Health, Safety and Social Welfare Benefits PART TWO Rules Implementing Books I to IV of the Labor Code Appendix Volume II-A covers Book V of the Labor Code: PART ONE The Labor Code with Annotations Book V Labor Relations PART TWO Rules Implementing Book V of the Labor Code Volume II-B covers Book VI and VII of the Labor Code.

4 PART ONE The Labor Code with Annotations Book VI Post-employment Book VII Transitory and Final Provisions PART TWO Rules Implementing Books VI and VII of the Labor Code viii LAW CURRICULUM. Labor Law Subjects Prescribed in Memorandum Order No. 1, Series of 2011 of the Legal Education Board for Bachelor of Laws ( ) or Juris Doctor ( ). Labor LAW I. 1. Preliminary Title 2. Book I of the Labor Code Pre-employment Migrant Workers and Overseas Filipinos Act ( No. 8042). as amended by No. 10022. 3. Book II of the Labor Code Human Resources Development TESDA Law ( No. 7796). Magna Carta for Disabled Persons ( No. 7277). 4. Book III of the Labor Code Conditions of Employment Paternity Leave Thirteenth Month Pay ( No. 851). Protection and Welfare of Women Workers Child Abuse Sexual Harassment 5.

5 Book IV of the Labor Code Health, Safety, and Social Welfare Benefits Social Security System Government Service Insurance System PhilHealth Labor LAW II. 1. Book V of the Labor Code Labor Relations 2. Book VI of the Labor Code Post-employment 3. Book VII of the Labor Code Transitory and Final Provisions ix x THE. Labor CODE. OF THE. Philippines . presidential decree No. 442. A decree INSTITUTING A Labor CODE, THEREBY. REVISING AND CONSOLIDATING Labor AND. SOCIAL LAWS TO AFFORD PROTECTION TO. Labor , PROMOTE EMPLOYMENT AND HUMAN. RESOURCES DEVELOPMENT AND ENSURE. INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. As Amended By presidential decree Nos. 570-A, 626, 643, 823, 819, 849, 850, 865-A 891, 1367, 1368, 1391, 1412, 1641, 1691, 1692 1693, 1920, 1921.

6 Batas Pambansa Blg. 32, 70, 130 and 227. Executive Order Nos. 47, 111, 126, 179, 180, 203, 247, 251, 252, 307, 797. and Republic Act Nos. 6640, 6657, 6715, 6725, 6727, 7641, 7655, 7700, 7730, 7796, 8042, 8188, 8558, 9177, 9256, 9347, 9481, 9492, 10151, 10022, 10361, 10395 and 10396. WITH. COMMENTS AND CASES. IMPLEMENTING RULES. APPENDICES. xi ABBREVIATIONS. Without meaning to be informal but only for ease and brevity, this text occasionally uses abbreviations, commonly known in Labor relations practice, such as the following: BLR Bureau of Labor Relations BU Bargaining Unit BWC Bureau of Working Conditions Commonwealth Act/Court of Appeals CBA Collective Bargaining Agreement CBL Constitution and By-laws Certification Election CNA Collective Negotiation Agreement CSC Civil Service Commission Department Order DOLE Department of Labor and Employment EBR Exclusive Bargaining Representative E-E Employer-employee (Relationship).

7 Executive Order JC Job Contracting LA Labor Arbiter LLO Legitimate Labor Organization LMC Labor -Management Council/Committee LoC Labor -only Contracting Memorandum Order MR Motion for Reconsideration NCMB National Conciliation and Mediation Board NLRB National Labor Relations Board (in ). NLRC National Labor Relations Commission NWPC National Wages and Productivity Commission OSEC Office of the Secretary OWWA Overseas Workers' Welfare Administration presidential decree POEA Philippine Overseas Employment Authority Republic Act RD Regional Director RO Regional Office RTWPB Regional Tripartite Wages and Productivity Board TESDA Technical Education and Skills Development Authority TRO Temporary Restraining Order VA Voluntary Arbitration VR Voluntary Recognition WA Workers' Association WO Wage Order xii To Father and Mother, my Lolita, Noel, Mylene, Carmen, and Bennet, my brothers and sisters, and those of my clients and students who have inspired me, this work is gratefully dedicated.

8 Lawyer's Formation A lawyer's professional life begins the day that he or she starts law school. This has not always been the case, of course, but today the first place of almost every lawyer's career consists of a period of time spent studying law in a formal academic program under the supervision of university professors. However diverse their professional experiences may be in other respects, there- fore, lawyers still share at least one thing in common: they have all been law students at one time or another, and it is as students that their professional habits first take shape. Anthony T. Kronman The Lost Lawyer (1993). p. 109. xiii Preface Decades of Advocacy Since its birth twenty-two years ago, this textbook has aimed to speak not only to students but also to people outside the schools.

9 In this eighth edition, it continues to do so because it deals with matters that students, as future leaders, need to inquire into and people in the world of work, as current leaders, need to act upon. Laws are initiators of change or followers of change in society, and along with the changes, laws create and enforce rights and obli- gations of individuals and groups. Laws therefore do not stand still. Particularly is this true of social legislation that includes Labor laws. To spread Labor education among the people has been the purpose of this work since its inception. It wants to help arouse interest in Labor laws as instruments to improve the Filipinos' quality of life. Those laws must continually be brought to public awareness so that the aims of the law may be achieved.

10 For, indeed, unless known and utilized, Labor laws are lifeless and useless. It is the people, assisted by law and strengthened by knowledge, that give life to law as an economic equalizing force. The revisions in this eighth edition are of three kinds. Firstly, addition of new laws such as those affecting overseas workers, Labor contractors, night workers, women workers, and kasambahay. Secondly, addition of new court rulings or integration of recent rulings that significantly modify previous ones. These include those about DOLE authority to determine employer-employee relationship, jurisdiction over cases involving corporate officers, effect of nonreg- istration of Labor contractors, per se violation of CBA, dismissal of strikers, pickets as illegal obstruction, financial assistance to dismissed employees, and duration of temporary employment.