ZASCEND ‘ATENEO CENTRAL BAR OPERATIONS 2014 LABOR LAW PRE-WEEK SUBJECT HEADS: Chelsea Ballesteros, Cecille Gotamco UNDERSTUDIES: Careen HenaresLABOR LAW 1, FUNDAMENTAL PRINCIPLES AND POLICIES ‘What is the differance betweefTlabor and social legislation? ‘A: Labor low is the set of laws and principles which protect and promote the interests of labor and regulate Felations between capital and labor, while social legislation is the promotion of the welfare of all the people, the adoption by the government of measures Calculated to insure economic stability of al the Component elements of society through the ‘maintenance of 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 solus ppopul esta supremo lex. Calalang v. Williams {70 Phil ‘726, 19401, Q: What are the rights of employees under the 1987 Constitution? ‘a: The rights granted to employees are the right 1, to organiz 2. to conduct collective bargaining or negotiation with management; 3, to engage in peaceful concerted activities, which includes the right to strike, in accordance with law; to security of tenure; to humane working conditions; to alving wage; and to participate in policy and decision-making processes affecting their rights and benefits 2s ‘may be provided by law @: What are the labor provisions in the Constitution? [As There are sx (6) main provisions regarding labor. 1. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for 2. The State shall guarantee the right of all workers to self-organization, to collective bargaining and negotiations, to peaceful concerted acthities, to security of tenure, humane conditions of work, and to @ living ‘wage. Workers shall also participate in policy and decision-making processes affecting their ights and benefits as may be provided for by law. 3, The State shall promote the principle of shared responsiblity between workers and employers, and the preferential use of voluntary modes of dispute settlement, which includes concitation, and shall enforce their ‘mutual compliance therewith for the purpose of fostering industrial peace 44. The State shall regulate the relations between workers and employers, recognizing the right fof labor to its just share in the fruits of production and the right of enterprises to reasonable returns of investments, and to expansion and growth, 5. The State afficms labor as 2 primary social ‘economic force. It shall protect the rights of ‘workers and promote their welfare 6. The right of the people, including those ‘employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Is the due process clause under the Constitution applicable to labor cases? |A: No, The due process clause is a limitation on the exercise by the government of its powers and does not apply to the exercise of prerogatives of private entities, Such as the termination of employment under the Labor Code. Serrano v. NLRC [G.R. No. 117080, January 272000). Constitutional due process protects the individual from the government and assures him of his rights incriminal, cil or administrative proceedings; while stotutory dve process found in the Labor Code and Implementing Rules protects employees from being unjustly terminated without just cause after notice and hearing. Agabon v. NLRC [G.R. No. 158693, November 17, 2008). TABOR LAW PRE-WEEK Page 2 of 41@ Is the equal protection clause under the Constitution applicable to labor cases? AA: No. The equal protection clause erects no shield against private conduct, however discriminatory or wrongful It may be. Private actions, no matter how egregious, cannot violate the equal protection guarantee. Yrasuegul v. PAL G.R. No. 168081, October 417, 2008}. ; What isthe principle of co-determination? A: The principle of co-determination refers to the right lof workers to participate in the policy and decision making processes directly affecting their rights and benefits, without intruding into matters pertaining to management prerogative. PAL v. NLRC [G.R. No. £85985, August 13, 1993]. Q: Does a closed-shop agreement violate the ‘constitutional right to self-organization? A: Yes. The Supreme Court has ruled that closed: shop agreement in 2 CBA is valid, and is not 2 restriction of the right of freedom of association [Buaranteed by the Constitution. Villar v. Inciong [G.R. No. 5023-84, April 20, 1983]. Q: Is employment a property right? ‘A: Yes. The right of a person to his labor is deemed to be his property within the meaning of the constitutional guarantee. When a person has no property, his job may possibly be his only possession or means of lWelihood, with which he sustains his dependents. The worker should therefore be protected and insulated against any arbitrary deprivation of his job. Philips Semiconductors v. Fadriquela [G.R. 4141717, April 16, 2004). Q: What is the difference between labor standards ‘and labor relations? ‘A: While labor standards set out the minimum terms, conditions, and benefits of employment which must be complied with by employers labor relations define the status, rights and duties, 35 well as the institutional ‘mechanisms that govern the individual and collective Interactions between employers, employees and thelr representatives. Protection for both employers and employees is the goal of labor law. IN, RECRUITMENT AND PLACEMENT : What differentiates license from authority? A: A license fs a document issued by the Department of Labor and Employment (DOLE) authorizing a person or entity to operate 2 private employment agency, while an authority is a document issued by the DOLE authorizing @ person or association to engage in recruitment and placement activities as 2 private recruitment entity. People vs. Gasacao [474 SCRA 812(2005)] Q: What are the types of illegal recruitment under the Labor Code? ‘A: There are four (4) types of illegal recruitment under the Labor Code: 1. Recruitment by nonsicensee 2. Simple illegal recruitment {not economic sabotage) 3. Large scale or qualified illegal recruitment (economic sabotage) 4. Syndicated legal recruitment (economic sabotage) : What are the elements of simple illegal recruitment? AA: There are two (2) elements: 1. that the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers, and 2. that the offender undertakes any activity within the meaning of “recruitment and placement” defined under Article 13(b), oF ‘any prohibited practices enumerated under Article 34 of the Labor Code. Ritualo vs. People (591 SCRA 24(2009)] : What are the large scale? sments of illegal recruitment in ‘A: The crime of illegal recruitment in large scale is committed upon concurrence of the 2 elements of simple illegal recruitment and that the offenders commit the acts against three or more persons, Individually or as 2 group. People vs. Rea {698 SCRA 191(2013)] . Q: When is illegal recruitment considered economic sabotage? "ATENEO LAW SCHOOL LABOR LAW PRE-WEEK Page 3 of 41