[go: up one dir, main page]
Scribd
Upload
157 views14 pages

Atty. Pol Sangalang'S: The Labor Code Made Easy

This document discusses labor law and employment relationships in the Philippines. It provides trivia about the Labor Code, facts about employment, and fundamentals of labor law. The three main points covered are: 1. The Labor Code was authored by a non-lawyer during martial law but focuses mainly on traditional industrial work. It is the principal source of labor law in the Philippines although not the only source. 2. Employment is considered a contract that must balance the interests of employees and employers. While employers have ownership rights, labor law aims to establish minimum standards and equal footing between parties. 3. The three sources of labor law are the state in the form of statutes and regulations, contracts and agreements between employers

Uploaded by

CacaCamenforte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
157 views14 pages

Atty. Pol Sangalang'S: The Labor Code Made Easy

This document discusses labor law and employment relationships in the Philippines. It provides trivia about the Labor Code, facts about employment, and fundamentals of labor law. The three main points covered are: 1. The Labor Code was authored by a non-lawyer during martial law but focuses mainly on traditional industrial work. It is the principal source of labor law in the Philippines although not the only source. 2. Employment is considered a contract that must balance the interests of employees and employers. While employers have ownership rights, labor law aims to establish minimum standards and equal footing between parties. 3. The three sources of labor law are the state in the form of statutes and regulations, contracts and agreements between employers

Uploaded by

CacaCamenforte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 14

Atty.

PoL Sangalangs

THE LABOR CODE MADE


EASY

https://www.facebook.com/legalcoach

LABOR LAW MADE EASY


(A FACEBOOK PAGE)

3 TRIVIA ABOUT THE LABOR CODE

Its a martial law era Presidential Decree,


but its authored by a non-lawyer.

Its all about Employment, but its mainly


about traditional or industrial work
arrangements.

Its the principal source of Labor Law, but


its not the only source.

3 FACTS ABOUT EMPLOYMENT

Ignorance of Labor Law isnt an excuse.

Employment is a Contract; but its a


contract so impressed with public
interest that it must yield to the
common good.

Ownership of the enterprise makes the


employment relations lopsided in favor
of employers.

3 FUNDAMENTALS OF LABOR LAW

Its ultimate purpose is to place


employees at an equal footing with
their employers.

Its all about minimum standards and


basic requirements.

In case of doubt, its to be interpreted


in favor of employees (Article 4, Labor
Code).

3 BASIC RIGHTS OF EMPLOYEES

Freedom from Slavery (Constitution).

Enhanced by Security of Tenure.


Enhanced by Due Process.

Self-Organization (Constitution & Labor


Code).

Labor Standards (Labor Code & other


statutes).

Non-discrimination and equal opportunity.


Terms and conditions of employment.

3 BASIC RIGHTS OF EMPLOYERS

Ownership (Constitution and Civil


Code).

Contracts (Constitution and Civil


Code).

ROI, expansion and growth (fruits).


Use and abuse; and sell and dispose.

Includes Selection and Termination.

Control (or Management Prerogative).

3 SOURCES OF LABOR LAW

The State (i.e. Labor Code and other statutes,


rules & regulations, jurisprudence, etc.).

The Parties (i.e. contracts, company policies,


CBAs, compromise, quitclaims, etc.)

Principles of Equity (e.g. good faith,


reasonableness, proportionality, nondiminution of benefits, unjust enrichment,
etc.)

3 CASES IN POINT

(SOURCES OF LABOR LAW)

BPI Employees Union versus BPI, G.R.


No. 174912, July 24, 2013.

BPIs policy of contracting out cashiering


and bookkeeping services was considered
as a valid exercise of management
prerogative which is further authorized by
the Central Bank in CBP Circular No. 1388,
Series of 1993.
Rules & regulations are labor law sources.

3 CASES IN POINT

(SOURCES OF LABOR LAW)

Zuellig Pharma Corp. versus Sibal, et. al.,


G.R. No. 173587, July 15, 2013.

The collective bargaining agreement (CBA) is


the law between the parties.
The complaining employees are not entitled to
the monetary equivalent of their unused sick
leave credits because the CBA, the existing
company policies, and the quitclaims do not
cover them.
Contracts are labor law sources.

3 CASES IN POINT

(SOURCES OF LABOR LAW)

Abbott Laboratories Phils. versus Alcaraz,


G.R. No. 192571, July 23, 2013.

Abbott was held liable for P30,000 as indemnity


because it failed to comply with its own
procedural process in terminating probationary
employees.
But the company officers were not held liable
because there was no proof that they acted in
bad faith or were motivated with ill-will.
Principles of equity are labor law sources.

3 TIPS ON ENHANCING KNOWLEDGE

Engage labor law like youre playing a


game.

Read the Bible and live the Golden


Rule.

D.O.C.U.M.E.N.T. (
2013)

HOW TO D.O.C.U.M.E.N.T. (
2013)
D ocumentation, documentation,
documentation!!!
O pen-mindedness.
C larity.
U nderstand LR.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.

https://www.facebook.com/legalcoach

LABOR LAW MADE EASY


(A FACEBOOK PAGE)

You might also like