The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
2. LABOR LAW MADE EASY
(A FACEBOOK PAGE)
https://www.facebook.com/legalcoach
3. 3 TRIVIA ABOUT THE LABOR CODE
It’s a martial law era Presidential Decree, but
it’s authored by a non-lawyer.
It’s all about Employment, but it’s mainly
about traditional or industrial work
arrangements.
It’s the principal source of Labor Law, but it’s
not the only source.
4. 3FACTS ABOUT EMPLOYMENT
Ignorance of Labor Law isn’t an excuse.
Employment is a Contract; but it’s 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.
5. 3FUNDAMENTALS OF LABOR LAW
It’s ultimate purpose is to place employees at
an equal footing with their employers.
It’s all about minimum standards and basic
requirements.
In case of doubt, it’s to be interpreted in favor
of employees (Article 4, Labor Code).
6. 3 BASIC RIGHTS OF EMPLOYEES
Freedom from Slavery (Constitution).
Enhanced bySecurity 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.
7. 3 BASIC RIGHTS OF EMPLOYERS
Ownership (Constitution and Civil Code).
ROI, expansion and growth (fruits).
Use and abuse; and sell and dispose.
Contracts (Constitution and Civil Code).
Includes Selection and Termination.
Control (or Management Prerogative).
8. 3 SOURCES OF LABOR LAW
The State (i.e. Labor Code and other
statutes, rules®ulations, jurisprudence,
etc.).
The Parties (i.e. contracts, company
policies, CBAs, compromise, quitclaims, etc.)
Principles of Equity (e.g. good faith,
reasonableness, proportionality, non-
diminution of benefits, unjust enrichment,
etc.)
9. 3 CASES IN POINT (SOURCES OF LABOR LAW)
BPI Employees Union versus BPI, G.R. No.
174912, July 24, 2013.
BPI’s 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.
10. 3 CASES IN POINT (SOURCES OF LABOR LAW)
ZuelligPharma 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.
11. 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.