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II. THE LABOR CODE OF THE PHILIPPINES - Coggle Diagram

- - - - 4. RATIONALE, SPIRIT, AND INTENT
        
        5. APPLICABILITY
        
        6. RULE-MAKING POWER
        
        7. TECHNICAL RULES NOT BINDING, ART. 227
        
        RULES OF EVIDENCE NOT CONTROLLING
        ART. 227. [221] Technical Rules not Binding and Prior Resort to Amicable Settlement. - In any proceeding before the Commission or any of the Labor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling
        LAs SHALL USE EVERY AND ALL REASONABLE MEANS TO ASCERTAIN FACTS
        and it is the spirit and intention of this Code that the Commission and its members and the Labor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively,
        WITHOUT REGARD TO TECHNICALITIES OF LAW OR PROCEDURE,
        ALL FOR DUE PROCESS
        without regard to technicalities of law or procedure, all in the interest of due process.
        
        COMPLETE CONTROL OF
        PROCEEDINS AT ALL STAGES
        In any proceeding before the Commission or any Labor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the proceedings at all stages.
        
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        ART. 5. Rules and Regulations. - The Department of Labor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement of their adoption in newspapers of general circulation.
        
        While Philippine jurisprudence has not yet, with certainty, touched on the "true nature of the contract of a talent," it stands to reason that a "talent" as above-described cannot be considered as an employee by reason of the peculiar circumstances surrounding the engagement of his services.
        It must be noted that complainant was engaged by respondent by reason of his peculiar skills and talent as a TV host and a radio broadcaster. Unlike an ordinary employee, he was free to perform the services he undertook to render in accordance with his own style. The benefits conferred to complainant under the May 1994 Agreement are certainly very much higher than those generally given to employees. For one, complainant Sonza's monthly talent fees amount to a staggering P317,000. Moreover, his engagement as a talent was covered by a specific contract. Likewise, he was not bound to render eight (8) hours of work per day as he worked only for such number of hours as may be necessary.
        (Sonza v. ABS-CBN Broadcasting Corp.)
        
        The fact that per the May 1994 Agreement complainant was accorded some benefits normally given to an employee is inconsequential. Whatever benefits complainant enjoyed arose from specific agreement by the parties and not by reason of employer-employee relationship. As correctly put by the respondent, "All these benefits are merely talent fees and other contractual benefits and should not be deemed as 'salaries, wages and/or other remuneration' accorded to an employee, notwithstanding the nomenclature appended to these benefits. Apropos to this is the rule that the term or nomenclature given to a stipulated benefit is not controlling, but the intent of the parties to the Agreement conferring such benefit."
        (Sonza v. ABS-CBN Broadcasting Corp.)
        
        NOT ALL RULES IMPOSED BY HIRING PARTY INDICATE E-E RELATIONSHIP
        In any event, not all rules imposed by the hiring party on the hired party indicate that the latter is an employee of the former.
        In this case, SONZA failed to show that these rules controlled his performance. We find that these general rules are merely guidelines towards the achievement of the mutually desired result, which are top-rating television and radio programs that comply with standards of the industry.
        (Sonza v. ABS-CBN Broadcasting Corp.)
        
        DIFFERENTIATE
        
        RULES MERELY SERVING AS GUIDELINES TOWARDS ACHIEVEMENT OF MUTUALLY DESIRED RESULT WITHOUT DICTATING THE MEANS OR METHODS
        a. CREATES NO EMPLOYER-EMPLOYEE RELATIONSHIP
        
        THOSE THAT CONTROL OR FIX METHODOLOGY AND BIND OR RESTRICT THE PARTY HIRED
        The fact that complainant was made subject to respondent's Rules and Regulations, likewise, does not detract from the absence of employer-employee relationship. As held by the Supreme Court, "The line should be drawn between rules that merely serve as guidelines towards the achievement of the mutually desired result without dictating the means or methods to be employed in attaining it, and those that control or fix the methodology and bind or restrict the party hired to the use of such means.
        
        The first, which aim only to promote the result, create no employer-employee relationship unlike the second, which address both the result and the means to achieve it." (Insular Life Assurance Co., Ltd. vs. NLRC, et al., G.R. No. 84484, November 15, 1989).
        ||| (Sonza v. ABS-CBN Broadcasting Corp., G.R. No. 138051, [June 10, 2004])
        
        TECHNICALITIES OF LAW AND RULES OBTAINING IN COURTS OF LAW DO NOT APPLY IN PROCEEDINGS BEFORE LA
        Subject to the requirements of due process, the technicalities of law and the rules obtaining in the courts of law do not strictly apply in proceedings before a Labor Arbiter.||| (Sonza v. ABS-CBN Broadcasting Corp.)
        
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        INTERPRETATIVE ADMINISTRATIVE REGULATIONS & POLICIES
        HAVE THE FORCE OF LAW
        Moreover, it is an elementary rule in administrative law that administrative regulations and policies enacted by administrative bodies to interpret the law which they are entrusted to enforce, have the force of law, and are entitled to great respect (Espanol v. Philippine Veterans Administration, 137 SCRA 314 [1985]).
        
        ALL RIGHTS AND BENEFITS GRANTED TO WORKERS UNDER THIS CODE APPLIES TO ALL WORKERS, AGRI OR NON-AGRI
        ART. 6 All rights and benefits granted to workers under this Code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural.
        
        EXCEPT AS OTHWERWISE PROVIDED IN THIS CODE
        
        A. REQUISITE RELATIONSHIP
        
        B. GOCC
        
        C. INTERNATIONAL AGENCIES
        
        D. SCHOOL TEACHERS
        
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        INTERNATIONAL CATHOLIC MIGRATION COMMISSION IMMUNE FROM
        "EVERY FORM OF LEGAL PROCESS"
        The grant of immunity to ICMC is in virtue of the Convention on the Privileges and Immunities of Specialized Agencies of the United Nations, adopted by the UN General Assembly on November 21, 1947, and concurred in by the Philippine Senate on May 17, 1949. This Convention has the force and effect of law, considering that under the Constitution, the Philippines adopts the generally accepted principles of international law as part of the law of the land. The Memorandum of Agreement in question merely carries out the Philippine government's obligation under the Convention.||| (Ebro III v. National Labor Relations Commission, G.R. No. 110187, [September 4, 1996], 330 PHIL 93-105)
        
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        E-E RELATIONSHIP IS JURISDICTIONAL
        This requirement of employer-employee relationship is jurisdictional for the provisions of the Labor Code, specifically Book VI thereof, on Post-Employment, to apply.||| (Uy v. Bueno)
        
        Sir: If employee dies, represent the estate of the employee insofar as the obligations unsatisfied by the employer to the employee are concerned
        
        Sir: Employee has burden to prove E-E relationship
        
        Sir: dirty little secret, Employer hides proof
        
        CSC v. Labor Code
        CSC are not entitled to form unions.
        Employees may form unions, as a general rule.
        
        WHO COULD BE COVERED BY LABOR CODE
        
        GOCC
        
        INTERNATIONAL AGENCIES
        
        SCHOOL TEACHERS
        
        RELIGIOUS ESTABLISHMENT
        
        MANAGERIAL EMPLOYEES
        
        MANAGERIAL STAFF
      - ART. 3. Declaration of Basic Policy. - The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
        
        See the policy declarations in Sec. 3, Article XIII of the 1987 Constitution of the Republic of the Philippines.
        
        See also R.A. No. 10911 (2016), "An Act Prohibiting Discrimination Against Any Individual in Employment on Account of Age and Providing Penalties Therefor," also known as the "Anti-Age Discrimination in Employment Act." This law enunciates the state policy to: "(a) promote employment of individuals on the basis of their abilities, kn owledge, skills and qualifications rather than their age; (b) prohibit arbitrary age limitations in employment; and (c) promote the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities."
    - - The Labor Code of the Philippines took effect on November 1, 1974. (Took effect on May 1, 1975)