8/13/2019 Labor Law Lecture 2

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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 relationslopsided 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 isfurther 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

8/13/2019 Labor Law Lecture 2

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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