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I. INTRODUCTION TO LABOR LAW 2. SOURCES OF LABOR IN THE PHILIPPINES -…
I. INTRODUCTION TO LABOR LAW
2. SOURCES OF LABOR IN THE PHILIPPINES
A. 1987 CONSTITUTION
B. NEW CIVIL CODE
C. LABOR CODE AND OTHER RELATED LAWS AND ISSUANCES
D. INTERNATIONAL CONVENTIONS, DECLARATIONS, AND OTHER INSTRUMENTS
E. COLLECTIVE BARGAINING AGREEMENT
F. PAST PRACTICES
G. COMPANY POLICIES
What is the extent of Company policies? - All aspects of employment
GENERALLY BINDING & VALID ON PARTIES; MUST BE COMPLIED WITH UNTIL REVISED/AMENDED UNILATERALLY
Company policies and regulations are, unless shown to be grossly oppressive or contrary to law, generally binding and valid on the parties and must be complied with until finally revised or amended unilaterally or preferably through negotiation or by competent authority.
(China Banking Corporation vs Borromeo)
EXCEPT IF GROSSLY OPPRESSIVE OR CONTRARY TO LAW
(China Banking Corporation vs Borromeo)
VAs HAVE ORIG & EXCL JD TO HEAR & DECIDE UNRESOLVED GRIEVANCES ARISING FROM INTERPRETATION & ENFORCEMENT OF COMPANY PERSONNEL POLICIES
Art. 217 (c) of the Labor Code should be read in conjunction with Art. 261 of the Labor Code which grants to voluntary arbitrators original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the collective bargaining agreement and those arising from the interpretation or enforcement of company personnel policies.
(Maneja v. NLRC)
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COMPANY PERSONNEL POLICIES DEFINED
It should be explained that “company personnel policies” are guiding principles stated in broad, long-range terms that express the philosophy or beliefs of an organization’s top authority regarding personnel matters. They deal with matters affecting efficiency and well-being of employees and other personnel movements which are usually not spelled out in the collective agreement.
The usual source of grievances, however, are the rules and regulations governing disciplinary actions.
SIR: COMPANY POLICIES ARE A SOURCE OF LAW
Company policies are a source of law between employers and employees.
Management Prerogative has to manage every aspect of employment. MP is right of an employer to manage all aspects of employment
WRITTEN
Company policies must be written down (otherwise it becomes a company practice)
● WHEN APPLICABLE: ALL aspects of employment. Includes the way employees should conduct themselves
TIME REQUIRED TO ESTABLISH VOLUNTARY COMPANY PRACTICE CAN VARY
Jurisprudence has not laid down any rule specifying a minimum number of years within which a company practice must be exercised in order to constitute voluntary company practice. Thus, it can be 6 years, 3 years, or even as short as 2 years
(Arco Metal Products)
DIMINUITION/ELIMINATION OF EMPLOYEES EXISTING BENEFITS IS PROHIBITED
The diminution or elimination of employees' existing benefits is prohibited.
(Davao Fruits Corporation v. Associated Labor Unions)
SOLUTION INDEBITI NOT APPLICABLE IN LABOR LAW
The principle of solutio indebiti is not applicable in Labor Law.
FOR A BONUS TO BE ENFORCEABLE, IT MUST HAVE BEEN A FIXED AMOUNT AND HAD BEEN A LONG & REGULAR PRACTICE ON THE PART OF THE EMPLOYER
For a bonus to be enforceable, it must have been promised by the employer and expressly agreed upon by the parties or it must have had a fixed amount and had been a long and regular practice on the part of the employer.
(American Wire and Cable Daily Rated Employees Union vs. American Wire and Cable Co., Inc. 457 SCRA 684)
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SIR:PAST PRACTICE BEYOND THE CBA IS STILL INCLUDED
If we would only base it on the CBA, the rate for the benefit should have been pro rata.
BUT the Court found that there was past practice that indicates that the benefit that has been given was more.
What is the length of time required?
SIR: FREQUENCY IS TAKEN INTO ACCOUNT, NOT MERE LENGTH OF TIME
When the Court talks about time, we're not talking about time in length of time in years. The time referred to here is the number of instances (frequency) or how often
Can you explain what is this concept of practice?
Can this be inverted?
To summarize, what are the requirements for a practice to evolve into a demandable right on the part of the employee?
Continuous
Voluntary
Uniform and consistent
Unconditional (?)
UNILATERAL WITHDRAWAL/MODIFICATION CANNOT BE DONE
Once Past practice has been established, it cannot be unilaterally withdrawn or modified.
SIR: STANDARDS FOR PAST PRACTICE
Consistently
Uniformly
Consistently
Voluntarily
SAMPLE QUESTION FOR FINALS
If you have your workplace in the middle of nowhere and you have been providing food for 3 years and suddenly you move to a place where there is a mall beside your workplace. Can the Company now revoke the food provided?
How can you prevent company practice from forming?
CBA IS NORM OF CONDUCT BETWEEN EMPLOYER & EMPLOYEE
The CBA is the norm of conduct between employer and employee, and compliance therewith is mandated by the express policy of the law.
(DOLE Philippines, Inc. v. Pawis ng Makabayang Obrero)
ART. II
SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
SECTION 10. The State shall promote social justice in all phases of national development.
SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights.
SECTION 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
GENDER EQUALITY
SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
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ART. III
BILL OF RIGHTS
DUE PROCESS AND EQ
SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
NO LAW SHALL BE PASSED ABRIDGING
FREEDOM OF SPEECH
FREEDOM OF EXPRESSION
FREEDOM OF THE PRESS
RIGHT TO PEACEABLY ASSEMBLE
RIGHT TO PETITION GOV'T FOR REDRESS OF GRIEVANCES
SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
RIGHT OF PEOPLE TO FORM
UNIONS
ASSOCIATIONS
SOCIETIES
SECTION 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
NO DETAINMENT SOLELY BY REASON OF POLITICAL BELIEFS & ASPIRATIONS
SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
NO INVOLUNTARY SERVITUDE
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
EXCEPT AS PUNISHMENT FOR A CRIME
EXCEPT IF CONTRARY TO LAW
ART. XIII
THE CONGRESS SHALL GIVE HIGHEST PRIORITY TO ENACT MEASURES THAT PROTECT AND ENHANCE THE RIGHT OF ALL THE PEOPLE TO...
HUMAN DIGNITY
REDUCE SOCIAL/ECONOMIC/POLITICAL INEQUALITIES
REMOVE CULTURAL INEQUITIES BY EQUITABLY DIFFUSING WEALTH & POLITICAL POWER FOR THE COMMON GOOD
SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.
PROMOTION OF SOCIAL JUSTICE SHALL INCLUDE
THE COMMITMENT TO CREATE
ECONOMIC OPPORTUNITIES BASED ON FREEDOM OF INITIATIVE & SELF-RELIANCE
SECTION 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.
THE STATE SHALL:
AFFORD FULL PROTECTION TO LABOR
LOCAL AND OVERSEAS
ORGANIZED AND UNORGANIZED
-
PROMOTE FULL EMPLOYMENT AND EQUALITY OF EMPLOYMENT OPPORTUNITIES FOR ALL
SECTION 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
IT SHALL GUARANTEE THE RIGHTS OF ALL WORKERS TO
SELF-ORGANIZATION
COLLECTIVE BARGAINING
NEGOTIATIONS
PEACEFUL CONCERTED ACTIVITIES
STRIKE
...IN ACCORDANCE WITH LAW
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.
THE STATE SHALL REGULATE THE:
ACQUISITION
USE,
AND
DISPOSITION OF THE PROPERTY AND ITS INCREMENTS
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.