Labor Law Transcript - Chan

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Labor Law

Prof. Joselito Guianan Chan


There are eight topics. I am going to discuss five of them. Because I am tasked to
discuss also Labor Relations Law. I find this subject the most challenging considering that
almost 95% of the cases that reached the Supreme Court involved this topic. Now, the first
major topic is FUNDAMENTAL PRINCIPLES AND POLICIES. Then, the next topic is
RECRUITMENT and PLACEMENT. This concerns recruitment and placement of workers for
local and overseas employment. I will not lecture on that matter. I think Oswald and Poquiz
will do the lecturing here. The third is an EE Relationship. That is Labor Standards. Fourth is
Termination of Employment. I am going to lecture on termination of employment. Then, the
next topic E - that is MANAGEMENT PREROGATIVE. That is not found in Labor Code. So we
need to discuss lots of jurisprudence there. On Social Legislation, I will not discuss on that
one. Then the next topic is labor relations law. Ayan, I will lecture on this topic. And the last
is PROCEDURE AND JURISDICTION. But for purposes of discussion, I will change the topic
presentation under the syllabus for the very good reason. So I am going to start on
fundamental principles and policies. Then the next is Procedure and Jurisdiction, the last
topic under the syllabus. Why? Because in the course of our discussion, you will be entering
words such as labor arbiter, nlrc, med-arbiter, and so many other labor agencies. Ang
problema hindi mo alam kung sino yung mga yon. Unahin natin yun, db. Kahit sa bar exam.
Remedial Law is the highest percentage. May lumapit sayong client, attorney, dinissmiss po
ako. Illegal dismissal. Walangyayon ah! File tayo sa POEA. Nag-file ka, yung kalaban mo, 1page motion to dismiss. sheet pa nga eh. DISMISSED Pare. Ano dating mo sa client mo? Di
mo alam procedure. So after fundamental principles, we will discuss that.
PART ONE
FUNDAMENTAL PRINCIPLES AND POLICIES
If you look at your syllabus, there are only three Constitutional provisions cited
therein. Article II, III, and XIII. Ang medyo magtataka kayo, sa Article II nagstart kaagad sa
Section 9. This only means that they are irrelevant to Labor Law. Then Article III, that is Bill
of Rights. Article XIII, Section 3 is the most important. That is the protection clause for Labor.
Then the Civil Code. Article 1700. Then the Labor Code.

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