Professional Documents
Culture Documents
RELATIONS
S.Y. 2008-2009 PLM - LAW
NOTE: Labor Standards and Labor Relations are
LABOR LAWS are laws, rules, and regulations not exclusive unto themselves. They ate
enacted by the state that: interrelated and interdependent with each other.
1. promote the general welfare of the
employees, and
2. govern the relationship between the
employees and their employers.
They include judicial decisions interpreting said
laws. BASES OF LABOR LAWS
1. Police Power
Example of Judicial Legislation: • is the inherent power of the state to
FULL BACKWAGES restrain one's liberty and right to
- wages from the time of illegal termination up to property to promote the welfare of the
the actual reinstatement people.
1. Mercury Drug vs. NLRC 2. Social Justice
- 3 years pay without qualification and • Definition under Calalang vs. Williams:
deduction "Social Justice is neither communism, nor
2. Ferrer vs. NLRC despotism, nor atomism, nor anarchy, but the
- wages from time of illegal dismissal humanization of laws and the equalization of
to actual reinstatement MINUS earnings social and economic forces by the state so
elsewhere (earnings from the new job that justice at its rational and objectively
while case is pending) secular conception may at least be
3. Osmalik Bustamante vs. NLRC approximated.
- wages from the time of illegal Social Justice means the promotion of the
dismissal up to actual reinstatement welfare of all people, the adoption by the
without any deductions. government of measures calculated to insure
the economic stability of all the component
TYPES OF LABOR LAWS elements of society, through the interrelations
of the members of the community;
1. Labor Standards Laws constitutionally through the adoption of
• are laws, rules, and regulations which measures legally justifiable, and extra-
provide the minimum requirements for constitutionally through the exercise of
terms and conditions of employment powers underlying the time-honored principle
such as wages, hours of work, etc. of salus populi est suprema lex."
EMPLOYEE - is the one who works for another for FARM WORKERS - are farmers who work on the
a fee or compensation. It includes one who has land for a fee. they are laborers in of the farm,
been dismissed from service due to a labor hired to do agricultural work for a fee.
dispute and has not yet found any substantial
employment. ORGANIZED ESTABLISHMENT
(Asiabed Factory Case)
EMPLOYER - is one who hires the services of 1. It has a UNION that is CERTIFIED as the sole
another and pays him for his service. it includes and exclusive bargaining agent of the
one who acts for and in behalf of an employer. employees. (certified by the employer)
2. There is a Collective Bargaining Agreement
* Labor organizations or unions generally are NOT
employers unless they act as an employer or acts * A teacher is a regular employee…
for and in behalf of an employer. • at least 21 units of load
• 3 school years of teaching
EMPLOYER-EMPLOYEE RELATIONSHIP
6 semesters
1. Selection and engagement of employees 9 trimesters
2. Payment of wages
3. Power to dismiss * If there is vagueness as to the 4 factors of
4. Control over the means and methods used by employer-employee relationship, look into the
the employee in accomplishing the work factors of Independent Job Contractor.
NLRC IN RA 9374
• 8 divisions, 3 members each
• When to sit en banc: only for purposes of
a) promulgating rules and regulations
governing the hearing and disposition of
cases before any of its divisions and
regional branches
b) formulating policies affecting its
administration and operations
c) on temporary or emergency basis - allow
cases within the jurisdiction of any division
to be heard and decided by another
division whose docket allows additional
workload and such transfer will not expose
litigants to unnecessary additional
expense.
• The concurrence of 2 commissioners of a
division shall be necessary for the
pronouncement of judgment or resolution.