labor prelims.docx

8/10/2019 Labor Prelims.docx

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1. What is your understanding of Hours Worked as provided by the Labor Code?Explain the legal discourse of the: TRAVEL TIME, IDLE TIME and WAITING TIME.

Article 84 of the Labor Code provides for the definition of Hours Worked. Hours workedshall include (a) all time during which an employer is required to be on duty or to be at a

prescribed workplace; and (b) all time during which an employee is suffered or permitted towork. Rest periods of short duration during working hours shall be counted as hours worked.

TRAVEL TIMEA.Travel from home to work - An employer who travels from home before his regular workdayand returns to his home at the end of the workday is engaged in ordinary home-to-work travelwhich is a normal incident of employment and, therefore, not considered as hours worked.

B.Travel that is all in the days work Time spent by an employee in travel as part of hisprincipal activity, such as travel from jobsite to jobsite during the workday, must be counted ashours worked.

C.Travel away from home

Travel that keeps the employee away from home overnight is travelaway from home. Travel away from home is clearly working time when it cuts across theemployees workday. Any work which an employee is required to perform while traveling mustbe counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplaneor an employee who is required to ride therein as an assistant or helper, is working while riding.

IDLE TIMERest periods of short duration during working hours are considered and counted as

hours worked. Rest periods or coffee breaks running from five to twenty minutes are consideredas compensable working time.

WAITING TIME

Waiting time spent by an employee shall be considered as working time if waiting is anintegral part of his work or the employee is required or engaged by the employer to wait.

2. In question number 1 are they compensable? Explain

They are compensable if they are an integral part of the nature of the work being done bythe employee. Furthermore, the Implementing Rules of the Labor Code provides that the timeduring which an employee is inactive by reason of interruptions in his work beyond his controlshall be considered working time either if the imminence of the resumption of work requires theemployees presence at the place of work or if the interval is too brief to be utilized effectivelyand gainfully in the employees own interest.

3. Explain the coverage of Art. 82 of the Labor Code. Are there any exceptions? Explainthe reason for their exception.

As a general rule, the provisions of Title I, Book III and the corresponding provisions inthe Rules to Implement the Labor Code are applicable to all employees in all establishments


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and undertakings, whether operated for profit or not. However, Article 82 expressly provides thefollowing persons or employees exemptions from coverage:

a. Government employeesGovernment employees, whether employed by the national government or by any of its

political subdivisions including those employed in government-owned and/or controlled

corporations with original charters are excluded from the coverage. The rationale for theirexclusion is that they are governed by the Civil Service Law, rules and regulations.

b. Managerial employeesManagerial employees are excluded because of their functions. Their primary duty

consists in the management of the establishment in which they are employed. Theycustomarily and regularly direct the work of two or more employees and they have the authorityto hire or fire other employees of lower rank.

c. Other officers or members of a managerial staffThey are excluded if their primary duty consists of the performance of work directly

related to the management policies of their employer. They will also be excluded if they

customarily and regularly exercise discretion and independent judgment.

d. Domestic servants and persons in the personal service of anotherDomestic servants and persons in the personal service of another are excluded, if they

perform such services in the employers home which are usually necessary or desirable for themaintenance and enjoyment thereof, or minister to the personal comfort, convenience or safetyof the employer as well as the members of his employers household.

e. Workers paid by resultsGenerally, workers are paid by results are those whose work is not measured in

accordance with the time they spent to complete the work. The time element is in fact animmaterial consideration. The employees value of work are being measured either by piece or

by task.

f. Field personnelThe exclusion of field personnel from labor standards is confined to Hours of Work

because of the nature of their assignment. Non-agricultural field personnel are excluded fromthe coverage if they regularly perform their duties away from the principal location of business ofthe employer and whose actual hours of work in the field cannot be determined with reasonablecertainty.

g. Members of the family of the employerMembers of the family of the employer who are dependent upon him for support are

excluded. As to who are considered as members of the family, both the Labor Code and the

implementing rules did not provide for its specification. In the absence of such definition, it justdoes not cover the real and immediate members of the family of the member but also those whoare considered as family members in its loose sense which includes those who are living withthe employer and dependent on him for support.


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4. State and explain the case of Calalang vs. Williams.

Maximo Calalang, in his capacity as a private citizen and as a taxpayer of Manila,

brought before the Supreme court the petition for a writ of prohibition. In pursuance of

Commonwealth Act 548 which mandates the Director of Public Works, with the approval of the

Secretary of Public Works and Communications, shall promulgate the necessary rules andregulations to regulate and control the use of and traffic on such roads and streets to promote

safe transit upon, and avoid obstructions on, roads and streets designated as national roads,

the Director of Public Works adopted the resolution of the National Traffic Commission,

prohibiting the passing of animal drawn vehicles in certain streets in Manila. The National Traffic

Commission resolved to recommend to the Director of Public Works and to the Secretary of

Public Works and Communications that animal-drawn vehicles be prohibited from passing along

Rosario Street extending from Plaza Calderon de la Barca to Dasmarias Street, from 7:30 a.m.

to 12:30 p.m. and from 1:30 p.m. to 5:30 p.m.; and along Rizal Avenue extending from the

railroad crossing at Antipolo Street to Echague Street, from 7 a.m. to 11 p.m., from a period of

one year from the date of the opening of the Colgante Bridge to traffic. The Supreme Court held

that the promotion of social justice is to be achieved not through a mistaken sympathy towards

any given group. Social justice is neither communism, nor despotism, nor atomism, nor anarchy,

but the humanization of laws and the equalization of social and economic forces by the State so

that justice in its rational and objectively secular conception may at least be approximated.

Social justice means the promotion of the welfare of all the people, the adoption by the

Government of measures calculated to ensure economic stability of all the component elements

of society, through the maintenance of a 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 salus populi est supremo lex.

5. In four sentences, explain the significance of SOCIAL JUSTICE in Labor Laws.

Social justice must be founded on the recognition of the necessity of interdependence

among diverse units of a society and of the protection that should be equally and evenly

extended to all groups as a combined force in our social land economic life. As interdependent

and indispensable partners in nation-building, labor and management need each other to foster

productivity and economic growth; hence, the need to weigh and balance the rights and welfare

of both the employee and employer. There is a need to apply a balanced approach to labor-

management relations and dispense justice with an even hand in every case.

6. State at least FIVE (5) constitutional provisions that relate to labor? Simplenumber citations will not be given credit.

Article II Section 9. The State shall promote a just and dynamic social order that will ensure theprosperity and independence of the nation and free the people from poverty through policiesthat provide adequate social services, promote full employment, a rising standard of living, andan improved quality of life for all.


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Article II Section 13. The State recognizes the vital role of the youth in nation-building and shallpromote and protect their physical, moral, spiritual, intellectual, and social well-being. It shallinculcate in the youth patriotism and nationalism, and encourage their involvement in public andcivic affairs.

Article II Section 18. The State affirms labor as a primary social economic force. It shall protect

the rights of workers and promote their welfare.

Article III Section 8. The right of the people, including those employed in the public and privatesectors, to form unions, associations, or societies for purposes not contrary to law shall not beabridged.

Article XIII Section 3. The State shall afford full protection to labor, local and overseas,organized and unorganized, and promote full employment and equality of employmentopportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining andnegotiations, and peaceful concerted activities, including the right to strike in accordance withlaw. They shall be entitled to security of tenure, humane conditions of work, and a living wage.They shall also participate in policy and decision-making processes affecting their rights andbenefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employersand the preferential use of voluntary modes in settling disputes, including conciliation, and shallenforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right oflabor to its just share in the fruits of production and the right of enterprises to reasonable returnsto investments, and to expansion and growth.

7. What are the normal hours of work? What is the purpose of the law in imposingsuch standard?

Article 83 of the Labor Code provides that, the normal work hours of any employee shallnot exceed eight (8) hours a day. The purpose of the law in limiting the working hours is toprotect the health and welfare of the employees. It is also for the purpose of providing time forthe employees ample time to lead a fruitful and richer life and to be able to participateintelligently in public concerns. In addition, that setting a limit minimizes unemployment byforcing employers to utilize different shifts of laborers or employees working only for eight hourseach.

8. What is meant by Illegal Recruitment?

Illegal Recruitment as stated in Article 38 refers to any recruitment activities, includingthe prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 ofthis Code.


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Illegal recruitment when committed by a syndicate or in large scale shall be consideredan offense involving economic sabotage and shall be penalized in accordance with Article 39hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three(3) or more persons conspiring and/or confederating with one another in carrying out any

unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof.Illegal recruitment is deemed committed in large scale if committed against three (3) or morepersons individually or as a group.

9. What is/are the prohibited acts in Recruitment?

Article 34 of the Labor Code enumerates the prohibited acts to be undertaken by anyindividual, entity, licensee in Recruitment or holder of authority.

a. To charge or accept, directly or indirectly, any amount greater than that specified in theschedule of allowable fees prescribed by the Secretary of Labor, or to make a workerpay any amount greater than that actually received by him as a loan or advance;

b. To furnish or publish any false notice or information or document in relation to

recruitment or employment;c. To give any false notice, testimony, information or document or commit any act of

misrepresentation for the purpose of securing a license or authority under this Code.d. To induce or attempt to induce a worker already employed to quit his employment in

order to offer him to another unless the transfer is designed to liberate the worker fromoppressive terms and conditions of employment;

e. To influence or to attempt to influence any person or entity not to employ any workerwho has not applied for employment through his agency;

f. To engage in the recruitment or placement of workers in jobs harmful to public health ormorality or to the dignity of the Republic of the Philippines;

g. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his dulyauthorized representatives;

h. To fail to file reports on the status of employment, placement vacancies, remittance offoreign exchange earnings, separation from jobs, departures and such other matters orinformation as may be required by the Secretary of Labor.

i. To substitute or alter employment contracts approved and verified by the Department ofLabor from the time of actual signing thereof by the parties up to and including theperiods of expiration of the same without the approval of the Secretary of Labor;

j. To become an officer or member of the Board of any corporation engaged in travelagency or to be engaged directly or indirectly in the management of a travel agency; and

k. To withhold or deny travel documents from applicant workers before departure formonetary or financial considerations other than those authorized under this Code and itsimplementing rules and regulations.

10. Is there a special rule with respect to normal working hours? State and explainthem.

Yes. Paragraph 2 of Article 83 of the Labor Code provides for the special rule in normalworking hours. It states that health personnel in cities and municipalities with a population of atleast one million (1,000,000) or in hospitals and clinics with a bed capacity of at least onehundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week,


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exclusive of time for meals, except where the exigencies of the service require that suchpersonnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled toan additional compensation of at least thirty percent (30%) of their regular wage for work on thesixth day. For purposes of this Article, "health personnel" shall include resident physicians,nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedicaltechnicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

The utilization of Compressed Work Week schedule is allowed in Department Order 21.Parties are not prohibited from agreeing in a compressed workweek scheme,whereby regular workweek is shortened but with longer work periods. For as long asemployees voluntarily agree to work for more than 8 hours a day in total in a week of which shallnot exceed normal weekly hours of work. Department Order 21 sanctions this scheme inconsideration that the employees derived therefrom such as savings on cost for transportationand meals and longer weekends beneficial for rest, leisure, and time for the family.

11. State and explain the Seven Cardinal Rights of Workers?

Right to self-organizationThis pertains to the right of an employee to form, join, assist labor

organizations of their own choice. It shall be unlawful to restrain any worker from the exerciseof their right to self-organization. The right shall include to form, join or assist labor organizationsfor the purpose of collective bargaining and to engage in lawful concerted activities for thepurpose of their aid and protection.

Right to collective bargainingAllows the employer and employee the process to negotiate andreach an agreement in how to regulate working conditions.

Right to conduct strike It is a constitutional and legal right of the workers as employers havethe right to lockout, all within the context of labor relations and collective bargaining. The lawrecognizes to ground for the valid exercise of the right to strike, namely, unfair labor practicesand bargaining deadlock.

Right to security of tenureIt is a guarantee that the employer shall not terminate the servicesof the employee without just cause or reason.

Right to humane conditions of workThese conditions are not limited to physical workplace butinclude as well the manner by which employers treat their employees.

Right to a living wageThe right of an employee to receive an income sufficient to support andprovide for familys food and non-food expenditures and maintain a decent standard of humanexistence.

Right to participate in policy-making processes affecting their rights It provides for the

guarantee for labor to have participation in arriving at those decisions which affect their right andbenefits through grievance procedure, conciliation proceedings, voluntary modes of settlingdisputes and collective bargaining and negotiations.

12. When may an employer require his employees to work on any day even on a restday?

Article 89 of the Labor Code provides for the situations wherein an employer mayrequire his employee to work even on a rest day.


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a. When the country is at war or when any other national or local emergency has beendeclared by the National Assembly or the Chief Executive;

b. When it is necessary to prevent loss of life or property or in case of imminent danger topublic safety due to an actual or impending emergency in the locality caused by seriousaccidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;

c. When there is urgent work to be performed on machines, installations, or equipment, in

order to avoid serious loss or damage to the employer or some other cause of similarnature;

d. When the work is necessary to prevent loss or damage to perishable goods; ande. Where the completion or continuation of the work started before the eighth hour is

necessary to prevent serious obstruction or prejudice to the business or operations ofthe employer.

f. Is it always required by law that in order to be non-compensable, meal periods shouldnot be less than one (1) hour? Why or Why not? Explain with legal basis.

g. Is it always required by law that in order to be non-compensable, meal periods shouldnot be less than one (1) hour? Why or Why not? Explain with legal basis.

13. Is it always required by law that in order to be non-compensable, meal periodsshould not be less than one hour? Why or Why not? Explain with legal basis.

No. The Implementing Rules of Labor Code, specifically Section 7 Rule I of Book IIIprovides for the exemption where in shortening the meal time to not less than 2o minutes arecompensable.

a. Where the work is non-manual work in nature or does not involve strenuous physicalexertion;

b. Where the establishment regularly operates not less than sixteen (16) hours a day:c. In case of actual or impending emergencies or there is urgent work to be performed

on machineries equipment or installations to avoid serious loss which the employer

would otherwise suffer; andd. Where the work is necessary to prevent serious loss of perishable goods.

14. Define exhaustively the following:

Employeerefers to a person who works for an employer. He is a person who is compensatedfor his labor or services by wags rather than profits.

Employerrefers to a person who employs the services of others and ho pays for their wags orsalaries. It includes the principal employer or any person acting in his interest, directly orindirectly but does not include any labor organization or any of its officers or agents except

when said labor organization or its officers or agents act as employer.

Labor Theaggregate of all human physical and mental effort used in creation ofgoods andservices.It is a productive activity done for the purpose of economic gain.

Work to be engaged in physical or mental activity in order to achieve a purpose or resultespecially in ones job.
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Wage shall mean the remuneration or earnings, however designated, capable of beingexpressed in terms of money, whether fixed or ascertained on a time, task, piece, orcommission basis, or other method of calculating the same, which is payable by an employer toan employee under a written or unwritten contract of employment for work done or to be done,or for services rendered or to be rendered and includes the fair and reasonable value, asdetermined by the Secretary of Labor and Employment, of board, lodging, or other facilities

customarily furnished by the employer to the employee.

Labor Law is the law governing the rights and duties of the employer and employees withrespect to the terms and conditions and with respect to labor disputes arising from collectivebargaining.

Labor Legislation - consists of statutes, regulations, andjurisprudencegoverning the relationsbetween capital and labor, by providing for certain employment standards and a legalframework for negotiating, adjusting and administering those standards and other incidents ofemployment.

Labor Standard - are the minimum requirements prescribed by existing laws, rules andregulationsrelating to wages, hours of work, cost-of-living allowance, and other monetary andwelfare benefits, including occupational, safety, and health standards.

Labor Relations - it is that body of statutes, rules, principles and doctrines that governs therights and duties of workers and employers by establishing a legal framework within whichbetter terms and conditions of work could be obtained through collective bargaining or otherconcerted activity. This element of labor sets the legal parameters whereby workers mayundertake concerted activities to secure better conditions of employment than those prescribedby Labor Standards Law

Social Legislation - consists of laws that provide particular kinds of protection or benefits tosociety or segments thereof in furtherance of social justice.

15.Who are considered Special Workers in the Labor Code? Explain and Distinguishthem exhaustively.

The following are considered as Special Workers in the Labor Code:

Apprentice is a worker who is covered by a written apprenticeship agreement with anindividual employer or any entities recognized in the Labor Code. A practical training on the jobis conducted to be supplemented by theoretical instruction. Not all industry may hire an

apprentice, it is necessary that the trade or form of employment must be an apprenticeableoccupation. In apprenticeship, the participating enterprise have the option to hire after expirationof the apprenticeship agreement.

Learners - are persons hired as trainees in semi-skilled and other industrial occupations whichare non-apprenticeable and which may be learned through practical training on the job in arelatively short period of time which shall not exceed three (3) months. The participatingenterprise in a learnership agreement is obliged to hire the learner.


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Handicapped - are those whose earning capacity is impaired by age or physical or mentaldeficiency or injury. Handicapped workers may be employed when their employment isnecessary to prevent curtailment of employment opportunities and when it does not createunfair competition in labor costs or impair or lower working standards. If the disability of theperson is not in any way or manner related to the work for which he is hired or employed, heshould not be considered as a handicapped worker.


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Labor Law 1 PreliminariesAtty. Porfirio DG. Panganiban, Jr.

Submitted By: Rigel A. Villanueva

labor prelims.docx

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