Q1. What is Labor Law?

LABOR LAW
refers to all laws passed by Congress that aims to
promote the welfare of workers and regulate the
relationship between employer and employee. It
also covers decisions of the Supreme Court,
interpreting the labor laws, including rules and
administrative regulations issued by the
Department of Labor and Employment.
 Q2. There are three types of
Labor Law, can you name at least
two and explain it briefly?
DIFFERENT TYPES OF LABOR LAWS:

1. Labor standards – laws which provide for employees’ benefit when he is

at work. Laws relating to minimum wage, hours of works, conditions of
employment are its examples.

2. Welfare legislation – laws that provide payment of benefits to the

employee or his family when he cannot work by reason of sickness,
disability, death, old age or other similar hazards. Example: Republic Act
1161 (SSS law), RA 7641 (Retirement law)

3. Labor relations law - laws that regulate the relationship between employer
and employee. It also provides the mechanism by which the dispute
between the employer and employee can be settled amicably and
expeditiously through conciliation, negotiation and arbitration.
 Q3. Can you provide me one of the
differences between SOCIAL LEGISLATIONS
and LABOR LAWS?
 SOCIAL LEGISLATION VS LABOR LAWS
• SOCIAL LEGISLATION • LABOR LAWS
• Provide particular • Are necessarily social
protection/benefits to legislation.
society or segments • More definite and
thereof in furtherance of narrower
social justice.
• Have much broader
scope as it includes the
concept of labor laws.
 Q4. How did the Supreme Court explain the
concept of Social Justice in the case of Calalang vs
Williams?
Social justice means the promotion of the welfare of
all the people, the adoption by the Government of
measures calculated to insure economic stability of
all the competent elements of society, through the
maintenance of a proper economic and social
equilibrium in the interrelations of the members of
the community, constitutionally, through the adoption of
measures legally justifiable, or extra-constitutionally,
through the exercise of powers underlying the existence
of all governments on the time-honored principle of salus
populi est suprema lex.
Q5. The latin phrase “salus populi est suprema
lex” means?
The welfare of the people is the supreme law.
 Q6. There are some constitutional provisions
relating to labor. Can you explain what the state
affirms in Section 18?
The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
Q7. There are some constitutional provisions relating to labor. Can you
explain what the promotion of social justice shall include in Section 2?
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Q8. WHAT ARE THE CONSTITUTIONAL RIGHTS OF A
WORKER?
1. Self-organization;
2. Collective bargaining and negotiations;
3. Engage in peaceful concerted activities, including the right to
strike in accordance with law;
4. Security of tenure;
6. To work under humane conditions;
7. To receive a living wage, and;
8. To participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law.
Q9. EMPLOYERS ARE ALSO UNDER THE PROTECTION
OF OUR LABOR LABORS, CAN YOU ELABORATE THE 5
RIGHTS OF AN EMPLOYER?
1. Right to select employees;
2. Right to discipline employees;
3. Right to terminate the services of employees;
4. Right to formulate and determine company rules and policy,
and;
5. Right to transfer or re-assign employees
The exercise of management right however is subject to
limitations provided by the law, contract, and principles of justice
and fair play.
Q10. UNDER ARTICLE 219 OF THE LABOR CODE, HOW
DO WE IDENTIFY A PERSON AS AN EMPLOYEE?
Under Art. 219 (f) of the Labor Code, an employee includes any
person in the employ of an employer. The term shall not be
limited to the employees of a particular employer, unless the
Code so explicitly states. It shall include any individual whose
work has ceased as a result of or in connection with any current
labor dispute or because of any unfair labor practice if he has not
obtained any other substantially equivalent and regular
employment.
Q11. UNDER ARTICLE 97 OF THE LABOR CODE, HOW DO
WE IDENTIFY A PERSON AS AN EMPLOYER?
 It is a person, natural or juridical for whom the services of an
employee is being rendered in consideration of salaries or
wages. “Employer” includes any person acting directly or
indirectly in the interest of an employer in relation to an employee
and shall include the government and all its branches,
subdivisions and instrumentalities, all government-owned or
controlled corporations and institutions, as well as non-profit
private institutions, or organizations
Q12. WHAT IS THE RELATIONSHIP BETWEEN
EMPLOYER AND EMPLOYEE?
 Generally speaking, the relationship between
employer and employee is contractual in nature.
It arises because there was an agreement between
them, whether express or implied. However, since
the “relationship between capital and labor are
imbued with public interest, labor contracts must
yield to the common good, such contracts are
subject to the special laws on labor unions,
collective bargaining, strikes and lockouts, closed
shop, wages, working conditions, hours of labor and
similar subjects” (Art. 1700, Civil Code).
Q13. DEFINE THE FOUR ELEMENTS IN DETERMINING
THE EXISTENCE OF EMPLOYER-EMPLOYEE (TEST)
“The elements to determine the existence of an employment
relationship are: (a) the selection and engagement of the
employee; (b) the payment of wages; (c) the power of
dismissal; and (d) the employer's power to control the
employee's conduct. The most important element is the
employer's control of the employee's conduct, not only as to
the result of the work to be done, but also as to the means
and methods to accomplish it”3.
Q14. SIMPLY EXPLAIN THE FIVE KINDS OF
EMPLOYEMENT STATUS
REGULAR FIXED PERIOD (TERM) SEASONAL CASUAL PROBATIONARY EMPLOYMENT

The provisions of written The employment is fixed for a specific The work or an Probationary employment
agreement to the contrary project or undertaking, the service is to employment shall not exceed six (6)
notwithstanding and regardless completion or termination of which be which is months from the date the
of the oral agreement of the has been determined at the time of performed is neither employee started working,
parties, an employment shall be the engagement of the employee seasonal in regular, fixed unless it is covered by an
deemed to be regular where: (Ibid). nature and or seasonal. apprenticeship agreement
“Criteria under which "term the stipulating a longer period.
i. the employee has been employment" cannot be said to be in employment The services of an employee
engaged to perform activities circumvention of the law on security is for the who has been engaged on a
which are usually necessary or of tenure, namely: duration of probationary basis may be
desirable in the usual business or 1) The fixed period of employment the season terminated for a just cause or
trade of the employer, and; was knowingly and voluntarily agreed (Ibid). when he fails to qualify as a
upon by the parties without any force, regular employee in
ii. An employee who has duress, or improper pressure being accordance with reasonable
rendered at least one year of brought to bear upon the employee standards made known by the
service, whether such service is and absent any other circumstances employer to the employee at
continuous or broken, shall be vitiating his consent; or the time of his
considered a regular employee 2) It satisfactorily appears that the engagement. An employee
with respect to the activity in employer and the employee dealt who is allowed to work after a
which he is employed and his with each other on more or less equal probationary period shall be
employment shall continue while terms with no moral dominance considered a regular
such activity exists (Art 295). exercised by the former or the employee
latter5.”
Q15. INDENDEPENT CONTRACTOR IS DEFINED AS?
 one who carries on a distinct and
independent business and undertakes to
perform the job, work, or service on its
own account and under one’s own
responsibility according to one’s own
manner and method, free from the control
and direction of the principal in all matters
connected with the performance of the
work except as to the results thereof.
Q16. CAN YOU EXPLAIN THE CONCEPT OF LABOR
ONLY CONTRACTING?
 There is "labor-only" contracting where the person
supplying workers to an employer does not have
substantial capital or investment in the form of tools,
equipment, machineries, work premises, among others,
and the workers recruited and placed by such person
are performing activities which are directly related to the
principal business of such employer. In such cases, the
person or intermediary shall be considered merely as an
agent of the employer who shall be responsible to the
workers in the same manner and extent as if the latter
were directly employed by him Art. 106).
Q17. AN "APPRENTICE" IS A WORKER WHO IS COVERED
BY A WRITTEN APPRENTICESHIP AGREEMENT WITH AN
INDIVIDUAL EMPLOYER OR ANY OF THE ENTITIES
RECOGNIZED BY LAW. (ART 58, LC). HE IS A PERSON
UNDERGOING TRAINING FOR AN APPROVED
APPRENTICEABLE OCCUPATION. QUALIFICATIONS OF
APPRENTICE –

TO QUALIFY AS AN APPRENTICE, A PERSON SHALL:

1. Be at least fourteen (14) years of age;
2. Possess vocational aptitude and capacity for
appropriate tests; and
3. Possess the ability to comprehend and follow oral
and written instructions.
Trade and industry associations may recommend to
the Secretary of Labor appropriate educational
requirements for different occupations. (Art 59, LC)
Q18. IS IT ILLEGAL TO HIRE APPRENTICE WITHOUT
COMPENSATION?
 The Secretary of Labor and Employment
may authorize the hiring of apprentices
without compensation whose training on
the job is required by the school or training
program curriculum or as requisite for
graduation or board examination (Art. 72).
Q19. THERE ARE ALSO LEARNERS IN THE INDUSTRY, IF
AN EMPLOYER WANTS TO EMPLOY LEARNERS,

THE AGREEMENT BETWEEN THEM SHALL INCLUDE THE

FF.:
1. The names and addresses of the learners;
2. The duration of the learnership period, which shall not exceed three (3)
months;
3. The wages or salary rates of the learners which shall begin at not less
than seventy-five percent (75%) of the applicable minimum wage, and;
4. A commitment to employ the learners if they so desire, as regular
employees upon completion of the learnership. All learners who have been
allowed or suffered to work during the first two (2) months shall be deemed
regular employees if training is terminated by the employer before the end of
the stipulated period through no fault of the learners.
Q20. WHO ARE THE HANDICAPPED WORKERS?
 Handicapped workers are those whose earning capacity
is impaired by age or physical or mental deficiency or
injury (Art. 78). They may be employed when their
employment is necessary to prevent curtailment of
employment opportunities and when it does not create
unfair competition in labor costs or impair or lower
working standards (Art. 79). Handicapped workers may
be hired as apprentices or learners if their handicap is not
such as to effectively impede the performance of job
operations in the particular occupations for which they
are hired (Art. 81)
Q21. WHAT ARE THE PUNISHMENT FOR ILLEGAL
RECRUITERS?
Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than
twelve (12) years and one (1) day but not more
than twenty (20) years and a fine of not less than
One million pesos (P1,000,000.00) nor more than
Two million pesos (P2,000,000.00).

If the illegal recruitment constitutes economic

sabotage, the penalty of life imprisonment and a
fine of not less than Two million pesos
(P2,000,000.00) nor more than Five million pesos
(P5,000,000.00) shall be imposed.
 Q22. The provisions of the Labor Code on conditions of
employment7 shall apply to employees in all
establishments and undertakings whether for profit or not,
except:
1. Government employees;

2. Managerial employees or those whose primary duty consists of the management of

the establishment in which they are employed or of a department or subdivision
thereof, and to other officers or members of the managerial staff;

3. Field personnel - 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.

4. Members of the family of the employer who are dependent on him for support;

5. Domestic helpers;

6. Persons in the personal service of another, and;

7. Workers who are paid by results (Art. 82, LC)

Q23. WHAT IS THE COMPUTATION FOR NIGHT SHIFT
DIFFERENTIAL?
The computation for NSD is as follows:

Basic Pay x 110% ( for each hour between 10 p.m. to 6 a.m.)

8
Q24. WHAT IS OVERTIME WORK?
Overtime work is the work performed
beyond the eight (8) hours work. As a
general rule, overtime work is
voluntary on the part of the employee
(Art. 87).
Q25. WHAT DO YOU KNOW ABOUT THE CONCEPT
OF WEEKLY REST PERIODS?
It shall be the duty of every employer, whether operating
for profit or not, to provide each of his employees a
rest period of not less than twenty-four (24)
consecutive hours after every six (6) consecutive
normal work days.

The employer shall determine and schedule the weekly

rest day of his employees subject to collective bargaining
agreement and to such rules and regulations as the
Secretary of Labor and Employment may provide.
However, the employer shall respect the preference of
employees as to their weekly rest day when such
preference is based on religious grounds (Art. 91).
Q26. What are the included holidays for holiday pay?
(based on the module)
 “Holiday” includes: New Years Day,
Maundy Thursday, Good Friday, the ninth
of April, the first of May, the twelfth of
June, the fourth of July, the thirtieth of
November, the twenty-fifth and thirtieth of
December and the day designated by law
for holding a general election (Art. 94).
Q27. THE BENEFIT OF SERVICE INCENTIVE LEAVE
SHALL NOT APPLY TO:
1. Those who are already enjoying the same;
2. Those enjoying vacation leave with pay of at least five
days, and;
3. Those employed in establishments regularly employing
less than ten employees or in establishments exempted
from granting this benefit by the Secretary of Labor and
Employment after considering the viability or financial
condition of such establishment.
Q28. EXPLAIN WHAT IS WAGE
“Wage” means the remuneration or earnings, however
designated, capable of being expressed in terms of
money, whether fixed or ascertained on a time, task,
piece, or commission basis, or other method of
calculating the same, which is payable by an employer to
an employee under a written or unwritten contract of
employment for work done or to be done, or for services
rendered or to be rendered and includes the fair and
reasonable value, as determined by the Secretary of
Labor and Employment, of board, lodging, or other
facilities customarily furnished by the employer to the
employee. “Fair and reasonable value” shall not include
any profit to the employer, or to any person affiliated with
the employer (Art. 99).
Q29. There are forms of payment of wages, what are the
restrictions for employer when it comes to wages?
 No employer shall pay the wages of an employee by
means of promissory notes, vouchers, coupons, tokens,
tickets, chits, or any object other than legal tender, even
when expressly requested by the employee. Payment of
wages by check or money order shall be allowed when
such manner of payment is customary on the date of
effectivity of the LC, or is necessary because of special
circumstances as specified in appropriate regulations to
be issued by the Secretary of Labor and Employment or
as stipulated in a collective bargaining agreement (Art.
102).
Q30. There are six (6) prohibitions regarding wages,
can you explain at least two?
1. NON-INTERFERENCE IN DISPOSAL OF WAGES. – No employer shall limit or otherwise interfere with the freedom of any employee to
dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other
property from any other person, or otherwise make use of any store or services of such employer or any other person (Art. 112).

2. WAGE DEDUCTION. – No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his
employees, except:
(a) In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount
paid by him as premium on the insurance;
(b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in
writing by the individual worker concerned; and
(c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment (Art. 113).

3. DEPOSITS FOR LOSS OR DAMAGE. – No employer shall require his worker to make deposits from which deductions shall be made for
the reimbursement of loss of or damage to tools, materials, or equipment supplied by the employer, except when the employer is engaged in
such trades, occupations or business where the practice of making deductions or requiring deposits is a recognized one, or is necessary or
desirable as determined by the Secretary of Labor and Employment in appropriate rules and regulations (Art. 114). No deduction from the
deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon, and his
responsibility has been clearly shown (Art. 115).

4. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any
part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the workers consent (Art. 116).

5. DEDUCTION TO ENSURE EMPLOYMENT. – It shall be unlawful to make any deduction from the wages of any employee for the benefit
of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment (Art. 117).

6. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against
any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such
proceedings (Art. 118).