LABOR LEGISLATION AND NEGOTIATION

Branch of law that governs and regulates the relationship between employers and employees.

Branch of labor law that prescribes the minimum requirements for hours of work, wages, monetary benefits, welfare benefits, and occupational health and safety.

The branch of labor law that regulates the activities of labor organizations and prescribes the modes and machinery for the settlement of labor disputes, including collective bargaining, and the modes and procedure for terminating an employment.

Statutes intended to provide protection to the employee and his beneficiaries in case of disability, sickness, old age, death, and other contingencies that results in loss of income or financial burden.

It covers labor laws, agrarian laws, and welfare laws. Essentially, these are laws or statutes enacted pursuant to the social justice clause of the Constitution. The emphasis is more on the aspect of general public good and social welfare.

Labor law is about employer-employee relationship. Therefore, the applicability of the Labor Code is dependent upon the existence of employer-employee relationship.1 If the relationship is something else other than "employer-employee," the principles of ordinary civil law will apply.

Under this criterion, the relationship of employer-employee is created by the act of hiring a person as an employee. Hiring may be express or implied. A written contract is not necessary.

Under this criterion, the relationship of employer-employee is deemed to exist if the person hired is compensated in terms of "wages." It should be emphasized, however, that the mere designation of the compensation as "salaries" will not per se indicate the existence of employer-employee relationship.

Under this criterion, the relationship of employer-employee is deemed to exist if the person hired is subjected to the rules of discipline of the employer. Prohibiting a person hired from competing with the firm under pain of dismissal, and subjecting the person hired to disciplinary action are indications that the employer wields the power of dismissal.

It refers to the authority of the employer to manage the employee on both the result of the work to be done and the means by which the work is to be accomplished.

This employees are those vested with powers or prerogatives to lay down and execute management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.

This employees are those who, in the interest of the employer, effectively recommend managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.

This employees are those who are neither managerial nor supervisory. They can either be daily paid or monthly-paid. Daily-paid employees are those who are paid only on the days they actually worked and on unworked regular holidays. Monthly paid employees are those who are paid every day of the month, including unworked rest days, special holidays, and regular holidays.

A job where the employee was engaged to perform activities necessary or desirable in the usual business or trade of the employer.

A job where the employee was engaged for a specific period or undertaking, for a particular season, for a trial period, or for an activity that is not usually necessary or desirable to the business or trade.

A job where the employee was engaged for a specific undertaking, the completion or termination of which has been determined at the time of the engagement.

A job where the employee was engaged to work during a particular season.

A job where the parties by free choice have assigned a specific date of termination.

A job where the activities performed by the employee are not usually necessary or desirable in the usual business or trade of the employer.

A job where the employee upon his engagement, is made to undergo a trial period to enable the employer to determine his fitness for regular employment on the basis of reasonable standards made known to him at the time of engagement.

There shall be a National Labor Relations Commission which shall be attached to the Department of Labor and Employment solely for program and policy coordination only, composed of a Chairman and twenty-three (23) Members.

The Commission and its first, second, third, fourth, fifth and sixth divisions shall have their main offices in Metropolitan Manila, and the seventh and eighth divisions in the Cities of Cebu and Cagayan de Oro, respectively. The Commission shall establish as many regional branches as there are regional offices of the Department of Labor and Employment, sub-regional branches or provincial extension ,nits. There shall be as many labor arbiters as may be necessary for the effective and efficient operation of the Commission. Each regional branch shall be headed by an Executive Labor Arbiter.

The Chairman and other Commissioners shall be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least fifteen (15) years with at least five (5) years’ experience or exposure in the field of labor-management relations, and shall preferably be residents of the region where they shall hold office. The Labor Arbiters shall likewise be members of the Philippine Bar and must have been engaged in the practice of law in the Philippines for at least ten (10) years, with at least five (5) years experience or exposure in the field of labor-management relations.

THE GENERAL CLASSIFICATION OF LABOR LAWS

Under this test, when a worker possesses some attributes of an employee and others of an independent contractor which make him fall within an intermediate area, he may be classified under the category of an employee when the economic facts of the relation make it more nearly one of employment than one of independent business enterprise with respect to the ends sought to be accomplished.

The relationship of employer-employee will be deemed to exist where the person for whom the services are performed reserves the right to control not only the end to be achieved but also the means to be used in reaching such end.

ELEMENTS OF EMPLOYER-EMPLOYEE RELATIONSHIP

WHAT IS THE MOST IMPORTANT ELEMENT OF EMPLOYER-EMPLOYEE RELATIONSHIP?

STATUTORY CLASSIFICATION OF EMPLOYEES

STATUTORY CLASSIFICATION OF EMPLOYMENT

NON-REGULAR EMPLOYMENT CLASSIFIED INTO:

THE RIGHTS OF WORKERS

Those who are paid only on the days they actually worked and on unworked regular holidays.

Those who are paid every day of the month, including unworked rest days, special holidays, and regular holidays.

independent Philippine Republic, the Industrial Peace Act, was enacted

It will apply if the relationship is something else other than "employer-employee,"

This simply means that employees cannot be dismissed without valid cause.

The living (minimum) wage shall be as nearly as adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national and social development program.

Employees of commercial, industrial, agricultural enterprises, or those employed in religious, charitable, medical, or educational institutions, whether operating for profit or not, have the right to form or join an organization for purposes of collective bargaining or for their mutual aid and protection

24-man tripartite body composed of representatives from the public sector, workers' sector, and employers' sector. It has eight (8) divisions, each composed of three (3) members. Of the eight (8) divisions, the 1st, 2nd, 3rd, 4th, 5th, and 6th divisions handle cases coming from the National Capital Region and other parts of Luzon, while the 7th division handles cases from Visayas and the 8th division handles cases from Mindanao.

The Presiding Commissioner of the First Division. He presides over the en banc sessions and exercises administrative supervision over the NLRC, the Regional Arbitration Branches and all its personnel. In case of his effective absence or incapacity, the Presiding Commissioner of the Second Division shall be the Acting Chairman.

The Chairman and members of the Commission shall have the same rank, receive an annual salary equivalent to, and be entitled to the same allowances, retirement and benefits as those of the Presiding Justice and Associate Justices of the Court of Appeals, respectively. Labor Arbiters shall have the same rank, receive an annual salary equivalent to and be entitled to the same allowances, retirement and other benefits and privileges as those of judges of the Regional Trial Courts. In no case, however, shall the provision of this Article result in the diminution of existing salaries, allowances and benefits of the aforementioned officials.

The Commissioners of the NLRC and the Labor Arbiters shall hold office until the age of sixty-five (65) years, unless sooner removed for cause or become incapacitated to discharge their duties. The President of the Philippines may extend the services of the Commissioners and Labor Arbiters up to the maximum age of seventy (70) upon the recommendation of the Commission en banc.

It assist the NLRC in its appellate and adjudicatory functions. The term of office of Commission Attorneys is co-terminus with the Commissioner with whom they are assigned. Commission Attorneys must be members of the Philippine Bar and must have experience or exposure in the field of labor relations for at least one (1) year.

QUALIFICATIONS OF NLRC COMMISSIONERS

QUALIFICATIONS OF LABOR ARBITER