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THE LABOR CODE MADE EASY
Atty. PoLSangalang’s
LABOR LAW MADE EASY
(A FACEBOOK PAGE)
https://www.facebook.com/legalcoach
3 TRIVIA ABOUT THE LABOR CODE
 It’s a martial law era Presidential Decree, but
it’s authored by a non-lawyer.
 It’s all about Employment, but it’s mainly
about traditional or industrial work
arrangements.
 It’s the principal source of Labor Law, but it’s
not the only source.
3FACTS ABOUT EMPLOYMENT
 Ignorance of Labor Law isn’t an excuse.
 Employment is a Contract; but it’s a contract
so impressed with public interest that it must
yield to the common good.
 Ownership of the enterprise makes the
employment relations lopsided in favor of
employers.
3FUNDAMENTALS OF LABOR LAW
 It’s ultimate purpose is to place employees at
an equal footing with their employers.
 It’s all about minimum standards and basic
requirements.
 In case of doubt, it’s to be interpreted in favor
of employees (Article 4, Labor Code).
3 BASIC RIGHTS OF EMPLOYEES
 Freedom from Slavery (Constitution).
 Enhanced bySecurity of Tenure.
 Enhanced by Due Process.
 Self-Organization (Constitution & Labor
Code).
 Labor Standards (Labor Code & other
statutes).
 Non-discrimination and equal opportunity.
 Terms and conditions of employment.
3 BASIC RIGHTS OF EMPLOYERS
 Ownership (Constitution and Civil Code).
 ROI, expansion and growth (fruits).
 Use and abuse; and sell and dispose.
 Contracts (Constitution and Civil Code).
 Includes Selection and Termination.
 Control (or Management Prerogative).
3 SOURCES OF LABOR LAW
 The State (i.e. Labor Code and other
statutes, rules&regulations, jurisprudence,
etc.).
 The Parties (i.e. contracts, company
policies, CBAs, compromise, quitclaims, etc.)
 Principles of Equity (e.g. good faith,
reasonableness, proportionality, non-
diminution of benefits, unjust enrichment,
etc.)
3 CASES IN POINT (SOURCES OF LABOR LAW)
 BPI Employees Union versus BPI, G.R. No.
174912, July 24, 2013.
 BPI’s policy of contracting out cashiering and
bookkeeping services was considered as a valid
exercise of management prerogative which is
further authorized by the Central Bank in CBP
Circular No. 1388, Series of 1993.
 Rules & regulations are labor law sources.
3 CASES IN POINT (SOURCES OF LABOR LAW)
 ZuelligPharma Corp. versus Sibal, et. al.,
G.R. No. 173587, July 15, 2013.
 The collective bargaining agreement (CBA) is
the law between the parties.
 The complaining employees are not entitled to
the monetary equivalent of their unused sick
leave credits because the CBA, the existing
company policies, and the quitclaims do not
cover them.
 Contracts are labor law sources.
3 CASES IN POINT (SOURCES OF LABOR LAW)
 Abbott Laboratories Phils. versus Alcaraz,
G.R. No. 192571, July 23, 2013.
 Abbott was held liable for P30,000 as indemnity
because it failed to comply with its own
procedural process in terminating probationary
employees.
 But the company officers were not held liable
because there was no proof that they acted in
bad faith or were motivated with ill-will.
 Principles of equity are labor law sources.
3 TIPS ONENHANCING KNOWLEDGE
 Engagelabor law like you’re playing a game.
 Read the Bible and live the Golden Rule.
D.O.C.U.M.E.N.T.(© 2013)
HOW TO D.O.C.U.M.E.N.T. (© 2013)
Documentation, documentation, documentation!!!
O pen-mindedness.
Clarity.
Understand LR.
M aster HR.
Embrace best practices.
Negotiate, negotiate, negotiate!!!
Take advice only from experts.
LABOR LAW MADE EASY
(A FACEBOOK PAGE)
https://www.facebook.com/legalcoach

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The LABOR CODE made EASY (by Atty. PoL Sangalang)

  • 1. THE LABOR CODE MADE EASY Atty. PoLSangalang’s
  • 2. LABOR LAW MADE EASY (A FACEBOOK PAGE) https://www.facebook.com/legalcoach
  • 3. 3 TRIVIA ABOUT THE LABOR CODE  It’s a martial law era Presidential Decree, but it’s authored by a non-lawyer.  It’s all about Employment, but it’s mainly about traditional or industrial work arrangements.  It’s the principal source of Labor Law, but it’s not the only source.
  • 4. 3FACTS ABOUT EMPLOYMENT  Ignorance of Labor Law isn’t an excuse.  Employment is a Contract; but it’s a contract so impressed with public interest that it must yield to the common good.  Ownership of the enterprise makes the employment relations lopsided in favor of employers.
  • 5. 3FUNDAMENTALS OF LABOR LAW  It’s ultimate purpose is to place employees at an equal footing with their employers.  It’s all about minimum standards and basic requirements.  In case of doubt, it’s to be interpreted in favor of employees (Article 4, Labor Code).
  • 6. 3 BASIC RIGHTS OF EMPLOYEES  Freedom from Slavery (Constitution).  Enhanced bySecurity of Tenure.  Enhanced by Due Process.  Self-Organization (Constitution & Labor Code).  Labor Standards (Labor Code & other statutes).  Non-discrimination and equal opportunity.  Terms and conditions of employment.
  • 7. 3 BASIC RIGHTS OF EMPLOYERS  Ownership (Constitution and Civil Code).  ROI, expansion and growth (fruits).  Use and abuse; and sell and dispose.  Contracts (Constitution and Civil Code).  Includes Selection and Termination.  Control (or Management Prerogative).
  • 8. 3 SOURCES OF LABOR LAW  The State (i.e. Labor Code and other statutes, rules&regulations, jurisprudence, etc.).  The Parties (i.e. contracts, company policies, CBAs, compromise, quitclaims, etc.)  Principles of Equity (e.g. good faith, reasonableness, proportionality, non- diminution of benefits, unjust enrichment, etc.)
  • 9. 3 CASES IN POINT (SOURCES OF LABOR LAW)  BPI Employees Union versus BPI, G.R. No. 174912, July 24, 2013.  BPI’s policy of contracting out cashiering and bookkeeping services was considered as a valid exercise of management prerogative which is further authorized by the Central Bank in CBP Circular No. 1388, Series of 1993.  Rules & regulations are labor law sources.
  • 10. 3 CASES IN POINT (SOURCES OF LABOR LAW)  ZuelligPharma Corp. versus Sibal, et. al., G.R. No. 173587, July 15, 2013.  The collective bargaining agreement (CBA) is the law between the parties.  The complaining employees are not entitled to the monetary equivalent of their unused sick leave credits because the CBA, the existing company policies, and the quitclaims do not cover them.  Contracts are labor law sources.
  • 11. 3 CASES IN POINT (SOURCES OF LABOR LAW)  Abbott Laboratories Phils. versus Alcaraz, G.R. No. 192571, July 23, 2013.  Abbott was held liable for P30,000 as indemnity because it failed to comply with its own procedural process in terminating probationary employees.  But the company officers were not held liable because there was no proof that they acted in bad faith or were motivated with ill-will.  Principles of equity are labor law sources.
  • 12. 3 TIPS ONENHANCING KNOWLEDGE  Engagelabor law like you’re playing a game.  Read the Bible and live the Golden Rule. D.O.C.U.M.E.N.T.(© 2013)
  • 13. HOW TO D.O.C.U.M.E.N.T. (© 2013) Documentation, documentation, documentation!!! O pen-mindedness. Clarity. Understand LR. M aster HR. Embrace best practices. Negotiate, negotiate, negotiate!!! Take advice only from experts.
  • 14. LABOR LAW MADE EASY (A FACEBOOK PAGE) https://www.facebook.com/legalcoach