Upload
marian-camille-chavez
View
222
Download
0
Embed Size (px)
DESCRIPTION
Contains selected doctrines and jurisprudence, mostly from Chan Robles
Citation preview
Constitution/Civil Code Asia Brewery Case -‐ the procedure by which the employers were provided with a means to understate their profitability cannot be countenanced because this could unduly deprive labor of its right to a just share in the fruits of production -‐ this understatement defeated the right of labor to a just wage when the wage award was inaccurate Abbot Laboraties Doctrine -‐ compliance alone with the statutorily-‐prescribed due process would not suffice in termination of employment; additionally, there must be compliance too with the company-‐prescribed due process -‐otherwise, the termination shall be considered legal and valid but the employer will be penalized with indemnity in the form of nominal damages Serrano Doctrine -‐ the subject clause has a discriminatory intent because of the 3-‐month cap on OFWs whose contract periods are for more than 1 year than those who are illegally dismissed with less than 1 year left in their contracts who are entitled to their salaries for the unexpired portion * Note that the unconstitutional rule was replicated in RA 10022; hence, according to a case after the Serrano ruling,
all statutes are to be construed as having only a prospective application 1700 NCC (SC Case) -‐ A contract of employment is impressed with public interest; consequently, these contracts are subject to police power of the state On construction in favor of labor -‐ while the constitution and the law tend to favor the working man, protection to labor is also assured -‐ the policy of social justice is not intended to countenance wrongdoing Principle of co-‐determination -‐ The grant of the right of participation does not mean co-‐management of business nor intrusion into management prerogatives -‐ it just means right to participate in the discussion of matters affecting their rights Recruitment Simple illegal recruitment -‐ under RA 8042, non-‐possession of a license or authority to recruit is no longer an essential ingredient of the crime of illegal recruitment
-‐ CETCHUP, referring, contract services, promising, adveritising -‐ a) charge amount greater than the sched of allowable fees; b) false notice or info in relation to recruitment; c) engagement in recruitment in jobs harmful to public health or morality; d) recruitment of travel agency; e) substitute employment contracts to the prejudice of the worker SC: Illegal recruitment as economic sabotage -‐ malum prohibitum SC: No need for the directors to be impleaded because under RA 8042, if the recruitment agency is a juridical being, the directors shall themselves be solidarily liable with the corporation SC: Even if the recruitment agency and the foreign principal had already severed their agency agreement at the time the worker was injured, the recruitment agency may still be sued for violation of the employment contract if no notice of the termination of the agency's agreement with its foreign principal was given to the ofw -‐ legal basis: agency -‐ if the agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they were not given notice
Agency -‐ The agency w/c deployed the employees whose employment contract were adjudged illegally terminated shall be jointly and solidarily liable with the principal SC: hence, previous owner remains liable even if there is an undertaking to assume responsibility by the new owner -‐ RA 8042 -‐ severance of relations between the local agent and foreign principal does not affect the liability of the foreign principal (local agency is solidarily liable with the foreign principal) Theory of imputed knowledge -‐ knowledge of the agent is knowledge of the principal, but it is not the other way around -‐ why? the presumption is that the agent will perform his duty and communicate to his principal the facts that the agent acquires SC: Even if OFWs are not entitled to backwages, reinstatement and separation pay because their employment is purely fixed term in character, they are entitled to actual or compensatory damages on the ground of breach of contract, i. e. failure of the recruitment agency to deploy them abroad SC: findings of company-‐designated physician are not conclusive because the OFW has the right to seek a second opinion from other physicians
Salazar vs Achacoso -‐ the exercise by the DOLE Secretary of his twin powers to issue arrest and seizure orders is unconstitutional; however, the declaration should not affect the exercise of other distinct power to close violator-‐companies' establishments or entities SC: The power to regulate and restrict the recruitment and placement of all agencies is a valid grant of police power RA 8042 -‐ The state shall allow the deployment of OFW only in countries where the rights of Filipino migrant workers are protected. -‐ It is a guarantee that the receiving country has existing labor and social laws protecting the rights of workers -‐ It is not a guarantee that the receiving country promotes and facilitates re-‐integration of migrants into the national mainstream Termination of Employment Remember: Determine first whether worker is an employee before you answer whether he is a regular employee Remember: If a problem mentions "by laws", most likely the
issue is on jurisdiction -‐ a position must be expressly mentioned in the by-‐laws to be an officer; if so, the dismissal is not a labor dispute (not an illegal dismissal case), but an intra-‐corporate dispute Note: Absence of contract is more beneficial of employees because you are covered by the law for as long as you can prove that you have worked; contracts only works to restrict rights SC: Even if in a boundary hulog system, there is a dual juridical relationship (E-‐Er and Vendor-‐Vendee), one relationship does not negate the other SC: The most important factor in determining the existence of an employer-‐employee relationship is the power to control the results achieved and the employee's method of achieving the task SC: Elements of a valid fixed-‐term agreement -‐ voluntariness in entering the agreement and more or less in equal bargaining positions * Notice of termination is not necessary SC: Their is no labor code provision on fixed-‐term employment.
SC: Employee is deemed regular absent any contract to prove probationary employment. -‐ The law presumes regularity of employment SC: 2 categories of project employees: a) job within the regular or usual business of the employer company, but which is distinct from the company's other undertakings b) job not within the regular business -‐ Project employees should be informed of their status as such at the inception of the employment relationship -‐ written project employment contract is an indispensable requirement Work Pool Principle -‐ Mere membership in a work pool does not result in becoming regular employees by reason of that fact alone, but such employee may attain regular status as a project employee and this kind of employee us known as regular project employee -‐ Consequently, he is entitled to a right to be rehired if there is a new project; otherwise, there is illegal dismissal SC: Outsourcing is a universally accepted management prerogative. For as long as the employer is motivated by good faith, it is not illegal per se.
Department Circular 2012: BPO's removed from the coverage of the rules on contracting arrangement -‐ Department Order 18-‐A 2011 contemplates generic singular activity in one contract between the principal and the contractor and does not contemplate information technology-‐enabled services involving an entire business process Department Order 18-‐A: requirements to be a legitimate job contracting arrangement a) duly-‐registered b) distinct and independent business c) substantial capital and investment (SC: 2 separate req) d) service agreement should ensure compliance with all the rights and benefits of workers SC: (gross and habitual neglect of duties as just cause) Habituality may be disregarded if negligence is gross or the damage or loss is substantial SC: No hearing is required to validly dismiss an employee for abandonment SC: Mere accusations by the employee will be sufficient to dismiss a managerial and supervisorial employee for loss pf trust and confidence, but not eith respect to rank-‐and-‐file.
SC: Religious ground is the only exception that may effectively be invoked against the application of the union security clause in the dismissal of an employee. * Employer is not duty-‐bound to immediately implement the recommendation to terminate made by the union. It must conduct its own hearing independent and separate from any hearing conducted by the union Commentary: common requisites in authorized cause -‐ a) good faith b) last resort (no other option available after resorting to cost-‐cutting measures c) separation pay is paid d) fair and reasonable criteria in ascertaining what positions are to be affected by the termination SC: (Disease) Burden of proof rests on the employer; consequently, the medical certificate should be procured by the employer and not the employee SC: Theory of increased risks is irrelevant when the ailment or sickness is not classified as an occupational disease. Perez Doctrine -‐ The ample opportunity to be heard (meaningful opportunity, verbal or written, to answer the charges and submit evidence to support his defense) in the labor code
prevails over the hearing pr conference requirement in its IRR. -‐ A formal hearing becomes mandatory only when requested by the employee in writing or substantial evidentiary disputes exist or company rule requires it SC: Separation Pay in lieu of reinstatement is a recourse based on equity Doctrine of Strained Relations -‐ Reinstatement is not possible because of the antagonism between the employer and employee * No strained relations should arise from a valid and legal act of asserting one's right Bustamante Doctrine -‐ the term full backwages should mean exactly that, without deducting from backwages the earnings derived elsewhere by concerned employrr during the period of his illegal dismissal Labor Standards Department Advisory on CWW -‐ Normal workweek reduced to less than 6 days, but total number of normal workday is increased to more than 8 hours but not to exceed 12 hours -‐ result of an express and voluntary agreement of majority
of the covered employees or their duly authorized representatives SC: for a private school teacher to acquire permanent status in employment, the following requisites must concur: 1) the teacher is a full-‐time teacher, 2) must have rendered 3 consecutive years of service, 3) satisfactory service SC: A disparity in wages between employees holding similar positions but in different regions does not constitute wage distortion. It is the hierarchy of positions and the disparity of their corresponding wages and other emoluments that are sought to be preserved by the concept of wage distortion SC: across-‐the-‐board increase create more distortions in the labor market which in turn affect adversely the income of workers; the regional board is deemed to have exceeded its authority by extending the coverage of the wage order to wage earners receiving more than the prevailing minimum wage rate without a denominated salary ceiling Non-‐diminution Rule -‐ prohibits employers from eliminating or reducing the benefits received by their employees -‐ SC: this rule applies only if the benefit is based on any: express policy, written contract or company practice
-‐ SC: even if the employer has been enjoying certain benefits for quite a long period of time, if the circumstances have changed which no longer justify the continuation of the grant of said benefits, the removal does not certainly constitute a violation of the non-‐diminution of benefits principle Art 124 -‐ the employer cannot be legally obligated to correct wage distortion if the increase in the wages and salaries was not due to a prescribed law or wage order SC: solutio indebiti or payment by mistake must fail in the light of the Labor Code mandate that all doubts in the implementation and interpretation of this Code, including its IRR, shall be resolved in favor of labor Solo Parental Leave -‐ Catch all provision: Any person who solely provides parental care and support to a child or children IRR of RA 9262 -‐ The employer who denies the application for leave and who shall prejudice the victim-‐survivor or any person assisting a co-‐employee who is a victim-‐survivor under the Act shall be held liable for discrimination and violation of RA 9262
SC: Upon acceptance of employment, a contractual relationship is established giving the employee an enforceable vested interest in the retirement fund The Superiority of Benefits Rule -‐ once an employee retires, it is not Art 287 that is controlling but the retirement plan under the CBA or other applicable employment contract -‐ SC: but if the CBA is below the requirements set by law, 287 applies Reasonable Business Necessity Rule -‐ Used to strike down policies, such as one should resign if 2 employees of the same company get married Anti Sexual Harassment Act -‐ Sexual favors of a person with moral ascendancy result in an intimidating, hostile or offensive environment for the employee, regardless of whether the demand, request or requirement for submission is accepted by the object of said act Kasambahay Law -‐ requires that a written contract of employment be executed; a very significant improvement since not even the labor code requires the execution of a written instrument in
order to create or establish an employer-‐employee relationship -‐ assignment to non-‐household work is prohibited -‐ temporary performance of work outside the household is allowed but it must be a product of a mutual agreement between the kasambahay and the employer and that the additional pay is not less than the applicable minimum age; and that the original employer is not charging any amount from the other household; not exceeding 30 days IRR Conditions for deduction for lost, destroyed or damaged materials a) clearly shown to be responsible b) reasonable opportunity to show cause why deduction should not be made c) fair and reasonable amount of deduction d) amount deducted does not exceed 20% of the earnings in a week Labor Relations Law Doctrine of Necessary implication -‐ Art 245 does not directly prohibit confidential employees from engaging in union activities, but their disqualification proceeds from the application of this doctrine -‐ managerial employees are the ones mandated as ineligible
SC: The right if the affiliate union to disaffiliate from its mother federation or national union is a constitutionally-‐guaranteed right (freedom of association) which may be invoked by the former at any time. Substitutionary doctrine -‐ cannot be invoked to subvert an existing CBA in derogation of the principle of freedom of contract -‐ except in extraordinary circumstances, like union schism or split SC: The duty to bargain does not include the obligation to reach an agreement Automatic Renewal Clause -‐ pending the renewal of the CBA, the parties are bound to keep the status quo and to treat the conditions in full force and effect until a new agreement is negotiated and ultimately concluded SC: The CBA proposed by the bargaining union may be adopted as the new CBA if employer refused to negotiate SC: Suspension agreement of the CBA, there being no express prohibition in the labor code, is a valid exercise of freedom to contract
SC: the right to abstain from joining a labor organization is subordinate to the policy of encouraging unionism as an instrument of social justice SC: act of self-‐preservation to maintain industrial peace is not ULP Note: The cooling-‐off period is counted from the time of the filing of the notice of strike; the strike ban is reckoned from the time the strike vote report is submitted Department Order issued in 2013 on Industries Indispensable to the National Interest: -‐ hospital sector -‐ electric power supply -‐ water supply services to exclude small water supply service -‐ air traffic control -‐ such other industries as may be recommended by the National Tripartite Industrial Peace Council SC: return-‐to-‐work order is compulsory in character and not offensive to the constitutional provision against involuntary servitude because said order is in the nature of a police power measure -‐ but the act of the strikers in voluntarily returning to work does not result in the waiver of their original demands
SC: employees who participated in a strike are not entitled to wages during the period of strike pursuant to the principle of "no work, no pay" Innocent Bystander Rule -‐ the third party employers who have no employer-‐employee relationship with the picketing strikers, may apply for injunction with the regular courts to enjoin the conduct of the picket Procedure and Jurisdiction SC: NCMB is not a quasi-‐ judicial body; they do not have any decision-‐making power SC: if there is a CBA between the foreign employer and the bargaining union of the OFWs, the jurisdiction over monetary claims of OFWs belongs to the VA and not to the LA SC: Claims for damages arising from breach of non-‐compete clause falls under the jurisdiction of the regular courts Note: LA and the NLRC have no power to grant reliefs in claims that do not arise from employer-‐employee relationship such as those emanating from quasi-‐delict or
tort cases Halaguena Doctrine -‐ it is not the LA but the regular court which has jurisdiction to rule on the constitutionality of labor contracts such as the CBA 2011 NLRC rules of procedure -‐ 2 instances when a writ of execution should still be issued immediately by the LA to implement his order of reinstatement, even pending appeal: a) when the employer disobeys the prescribed directive to submit a report of compliance b) employer refuses to reinstate *LA shall motu proprio issue a corresponding writ 2011 nlrc rules -‐ posting of bond is mandatory and jurisdictional, but government is exempt (SC: GOCCs not exempt) -‐ SC: no monetary award, no bond -‐ partial bond needed in a motion to reduce bond, which must not be inadequate Genuino Doctrine -‐ "refund doctrine" -‐ disregards the social justice principles -‐ Follow the Garcia Doctrine Garcia Doctrine
-‐ 2-‐fold test to determine the liability of the employer to pay the wages of the dismissed employee from the time he was ordered reinstated to the reversal of the LA's decision: a) actual delay or reinstatement order pending appeal not executed prior to its reversal; and b) delay not due to the employer's unjustified act or omission; if so, employer may still be required to pay the salaries notwithstanding the reversal SC: the subject of the visitorial and enforcement powers granted to the DOLE Sec is the establishment which is under inspection and not the employees; consequently, in case of an award from such violation by the establishment, all its existing employees should be benefited thereby Department Order issued in 2007 -‐ DOLE RDs designated as Ex-‐Officio Voluntary Arbitrators Article 277(b) -‐ Power of the DOLE Sec to suspend the effects of termination when: a) termination may cause a serious labor dispute b) termination is in implementation of a mass lay-‐off -‐ termination contemplated need not be related to the exercise of the right to self-‐organization -‐ Commentary based on jurisprudence: suspension has the same effect assumption of certification as far as the
reinstatement of the affected employees is concerned SC: Does the DOLE Sec assume the role of voluntary arbitrator once he assumes jurisdiction over a labor dispute? No. It is not a simple arbitration case, but which involves impending strike by the employees NCMB procedural guidelines in the conduct of voluntary arbitration -‐ cases cognizable by the VA in their original jurisdiction but filed with the LA, Dole RD or NCMB should be disposed of by referring them to VA *SC: cases cognizable by the VA, but filed with regular courts should be dismissed Philtranco doctrine -‐ a motion for reconsideration should be filed even though it is not required or even prohibited by the concerned government office -‐ why? It is the tangible representation of the opportunity given to the office to correct itself Prescription of Actions SC: the 1-‐year prescriptive perood in Section 28 of POEA-‐SEC was declared null and voud because Art 291 is the law
governing the prescription of money claims for seafarers SC: illegal dismissal cases, not in the nature of money claims, the prescriptive period is 4 years under the civil code (injury to the plaintiff) Art. 247 -‐ As far as ULP cases are concerned, the running of the 1 year prescriptive period is interrupted during the pendency of the labor proceeding RA 8042 a) simple illegal recruitmeny -‐ 5 b) economic sabotage -‐ 20 SSS Law a) against employer for non-‐remittance of contributions -‐ 20 b) disability claims -‐ 10 GSIS Law Except for life and retirement -‐ 4 SC: filing of a case with grievance machinery tolls the running of the prescriptive period SC: promissory estoppel is a recognized exception to the 3-‐year prescriptive period
-‐ if he did not rely on the promise that he would be paid, there is no reason why he would delay filing the complaint before the Labor Arbiter Social Welfare and Legislation SSS Law 1. Sickness -‐ 3 monthly contributions within the 12-‐month period immediately before the semester of sickness -‐ sickness benefit for a max of 120 days, not be paid for more than 240 2. Maternity -‐ same contributions with sickness -‐ first 4 deliveries or miscarriages 3. Retirement -‐ monthly pension: paid at least 120 monthly contributions, lump sum if not paid 120 -‐ children not 21, only 5, entitled to dependent's pension 4. Disability -‐ monthly pension: 36, lump sum not paid -‐ totally and permanently disabled will receive a lifetime pension -‐ dependent's pension not for partially disabled pensioner 5. Death and funeral -‐ monthly -‐ 36, lump sum not paid -‐ primary and secondary beneficiaries; illeg only 50 percent
of the share of legit GSIS Law 1. Excluded from coverage -‐ uniformed personnel, barangay and sangunian officials, contractual 2. Benefits a. Compulsory Life -‐ a policy holder is entitled to dividends subject to the guidelines as approved by the GSIS board; not a guaranteed benefit b. Retirement -‐ at least 15 years of service, 60 years of age, not receiving monthly pension from permanent total disability c. Separation benefit -‐ at least 3 years service but less 15 d. Unemployment benefit -‐ permanent employee at the time of separation and separation was involuntary due to abolition of his/her office or position resulting from reorganization e. Disability f. Survivorship -‐ primary and secondary beneficiaries except dependent children g. Funeral Limited Portability Law
-‐ apply to all worker-‐members of GSIS and/or SSS who transfer from the public sector to the private or vice-‐versa, or who wish to retain their membership in both systems -‐ SC: totalization of service credits is only resorted to when the retiree does not qualify for benefits in either or both Employee's Compensation -‐ employer does not intervene because the table of occupational diseases require no proof of causation; consequently, benefits are automatically paid -‐ coverage is compulsory in nature -‐ for death to be compensable: cause of death reasonably connected with his work, or accepted occupational disease, or working conditions increased the risk of contracting the disease