1.What is PD 442? Its date of promulgation and effectivity?

This Decree shall be known as the "Labor Code of the Philippines".

A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO
LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE
Date of effectivity. This Code shall take effect six (6) months after its
promulgation.
2.What is RA 8042 and its date of effectivity?
"Migrant Workers and Overseas Filipinos Act of 1995." An act to institute the
policies of overseas employment and establish a higher standard of protection
and promotion of the welfare of migrant workers, their families and overseas
Filipinos in distress, and for other purposes.
This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
3.Cite the significance of determining the employer-employee relationship in
Labor cases.
For one, entitlement to labor standards benefits such as minimum wages, hours
of work, overtime pay, etc., or to social benefits under laws such as social
security law, workmens compensation law, etc., or to termination pay, or to
unionism and other labor relations provisions under the Labor Code, are largely
dependent on the existence of employer-employee relationship between the
parties.
Determine whether the controversy should fall within the exclusive jurisdiction of
labor agencies or not.
4.The two-tiered test in determining the employee-employer relationship?
Two-tiered test (or Multi-factor test)
The economic reality test is not meant to replace the right of control test. Rather,
these two test are often use in conjunction with each other to determine the
existence of employment relation between the parties. This is known as the twotiered test, or multi-factor test. This two-tiered test involves the following tests:
The putative employers power to control the employee with respect to the
means and methods by which the work is to be accomplished; and
The underlying economic realities of the activity or relationship.
5. What are the different kind of due process and explain?

Kinds of Due Process:

a.
substantive due processrequires the intrinsic validity of the law in
interfering with the rights of the person to life, liberty or property. In short, it is to
determine whether it has a valid governmental objective like for the interest of the
public as against mere particular class.
b.
Procedural due processone which hears before it condemns as
pointed out by Daniel Webster.
6.Basis of enacting the Labor Code of the Philippines? Aim and purpose of the
Labor Code of the Philipines?
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.
7.Cite the core recommendation of ILO concerning rights of Labor.
Fundamental conventions
?Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87)
?Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
?Forced Labour Convention, 1930 (No. 29)
?Abolition of Forced Labour Convention, 1957 (No. 105)
?Minimum Age Convention, 1973 (No. 138)
?Worst Forms of Child Labour Convention, 1999 (No. 182)
?Equal Remuneration Convention, 1951 (No. 100)
?Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
?Table of ratifications of the fundamental conventions
Governance conventions
The ILO's Governing Body has also designated another four conventions as
"priority" instruments, thereby encouraging member states to ratify them because
of their importance for the functioning of the international labour standards
system. Since 2008, these conventions are now referred to as Governance
conventions as they were identified by the ILO Declaration on Social Justice for a
Fair Globalization as the standards that are the most significant from the
viewpoint of governance.
Governance conventions
?Labour Inspection Convention, 1947 (No. 81)
?Employment Policy Convention, 1964 (No. 122)
?Labour Inspection (Agriculture) Convention, 1969 (No. 129)

?Tripartite Consultation (International Labour Standards) Convention, 1976 (No.

144)
10. What is the principle of co-determination (declaration of state policy)?
The principle of co-determination states that it is a joint responsibility of the
employer and the employee to establish terms and conditions of employment. In
establishing such terms and conditions of employment, the employer and the
employee must take into consideration existing laws and regulations.
The basis for the principle of codetermination is Paragraph 3, Section 3 of Art XIII
of the Constitution which states, in part, that the State shall promote the principle
of shared responsibility between workers and employers.
11.May the provisions of the Labor Code apply to religious or charitable
institutions which are operated not for profit?
General statement on coverage. The provisions of this Rule shall apply to all
employees in all establishments and undertakings, whether operated for profit or
not, except to those specifically exempted under Section 2 of which religious or
charitable institutions operating not for profit was never mentioned..
In the case at bar, the definition of the term "employer" is, we think, sufficiently
comprehensive as to include religious and charitable institutions or entities not
organized for profit, like herein appellant, within its meaning. This is made more
evident by the fact that it contains an exception in which said institutions or
entities are not included. And, certainly, had the Legislature really intended to
limit the operation of the law to entities organized for profit or gain, it would not
have defined an "employer" in such a way as to include the Government and yet
make an express exception of it. G.R. No. L-15045
January 20, 1961
IN RE: PETITION FOR EXEMPTION FROM COVERAGE BY THE SOCIAL
SECURITY SYSTEM. ROMAN CATHOLIC ARCHBISHOP OF
MANILA, petitioner-appellant,
Vs. SOCIAL SECURITY COMMISSION, respondent-appellee.
12. When may a provision of the Labor Code apply to government agency?
alThe provisions of this Rule shall not apply to the following persons such as the
Government employees whether employed by the National Government or any of
its political subdivision, including those employed in government-owned and/or
controlled corporations.
The provisions can apply when the Government agency enters into a contract
with the private agency on certain services. Once binding, the government
agency is now jointly liable for any violations if there is.

13.When are the provisions of the Labor Code applicable to GOCCs?

with original charters performing proprietary functions
14.What provisions of the Labor Code that do not apply to the employees of
private establishment?
Managerial employees, if they meet all of the following conditions:
(1) Their primary duty consists of the management of the establishment in which
they are employed or of a department or sub-division thereof.cralaw
(2) They customarily and regularly direct the work of two or more employees
therein.cralaw
(3) They have the authority to hire or fire employees of lower rank; or their
suggestions and recommendations as to hiring and firing and as to the promotion
or any other change of status of other employees, are given particular
weight.cralaw
(c) Officers or members of a managerial staff if they perform the following duties
and responsibilities:
(1) The primary duty consists of the performance of work directly related to
management policies of their employer;
(2) Customarily and regularly exercise discretion and independent judgment; and
(3) (i) Regularly and directly assist a proprietor or a managerial employee whose
primary duty consists of the management of the establishment in which he is
employed or subdivision thereof; or (ii) execute under general supervision work
along specialized or technical lines requiring special training, experience, or
knowledge; or (iii) execute, under general supervision, special assignments and
tasks; and
(4) Who do not devote more than 20 percent of their hours worked in a work
week to activities which are not directly and closely related to the performance of
the work described in paragraphs (1), (2) and (3) above.cralaw
15.When may a managerial employee be entitled to over-time pay
compensation?
Generally, managerial employees are not entitled to overtime pay for services
rendered in excess of eight hours a day but,
- implied or expressed in the contract
If payment of OT to managerial employees is being practiced over a long period
of time, and must be shown to have been consistent and deliberate
The test or rationale of this rule on long practice requires an indubitable showing
that the employer agreed to continue giving the benefits knowingly fully well that
said employees are not covered by the law requiring payment thereof.
16. When may field personnel be entitled for the same compensation for service

rendered in excess of eight hours?

Generally, overtime compensation applies to all employees except Field
personnel, if they regularly perform their duties away from the principal or branch
office or place of business of the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.
- implied or expressed in the contract
- even if theyre field personnel but they dont regularly work in the field and their
actual hours of work can be determined, they can claim premium.
18.When may a covered employee be entitlted to OT compensation?
For work done in the excess of 8 hrs.
19.What do you understand by Operative fact doctrine?
Doctrine of Operative Fact Acts done pursuant to a law which was
subsequently declared unconstitutional remain valid, but not when the acts are
done after the declaration of unconstitutionality.
The doctrine of operative fact, as an exception to the general rule, only applies
as a matter of equity and fair play. It nullifies the effects of an unconstitutional law
by recognizing that the existence of a statute prior to a determination of
unconstitutionality is an operative fact and may have consequences which
cannot always be ignored. The past cannot always be erased by a new judicial
declaration. The doctrine is applicable when a declaration of unconstitutionality
will impose an undue burden on those who have relied on the invalid law. Thus, it
was applied to a criminal case when a declaration of unconstitutionality would put
the accused in double jeopardy or would put in limbo the acts done by a
municipality in reliance upon a law creating it. The operative fact doctrine never
validates or constitutionalizes an unconstitutional law. Under the operative fact
doctrine, the unconstitutional law remains unconstitutional, but the effects of the
unconstitutional law, prior to its judicial declaration of nullity, may be left
undisturbed as a matter of equity and fair play. In short, the operative fact
doctrine affects or modifies only the effects of the unconstitutional law, not the
unconstitutional law itself.
20.What do you understand by the doctrine of compassionate justice.?
The doctrine that the harsh provisions of law and the rigid rules of procedure may
sometimes be tempered and dispensed with to give room for compassion.
21.When may dishonesty may not be a valid ground for termination?
which would warrant termination of services are those involving deceit and
resulting in loss of trust and confidence.

must be a serious and grave malfeasance to justify the deprivation of a means of

livelihood.
22.Is obesity a ground for termination?
No, but if obesity has contributed to the decline of his performance and
productivity thru continued and prolonged absence, and if because of his obesity
that he/she can no longer report to work, a certificate coming from a competent
health physician is necessary to proceed with the termination.
23.When may a domestic helper be considered industrial worker?
If domestic worker will be assigned to work in a commercial, industrial or
agricultural enterprise
24.May a holder of license or authority be guilty of illegal recruitment??
No, Illegal recruitment is defined in Article 38 (a) of the Labor Code, as amended,
as "(a)ny recruitment activities, including the prohibited practices enumerated
under Article 34 of this Code, to be undertaken by non-licensees or non-holders
of authority."
25.Why is illegal recruitment considered an offense against economic sabotage?
illegal recruitment when committed by a syndicate or in large scale; it was
committed against three or more persons individually or as a group shall be
considered an offense involving economic sabotage.
26.Distinguish filling an illegal recruitment case to economic sabotage.
Illegal recruitment is the act of recruiting by a non-licensees or non-holders of
authority, while economic sabotage is large scale recruitment or committed
against three or more persons individually or as a group. For purposes of the law,
a syndicate exists when three or more persons conspire or confederate with one
another in carrying out any unlawful or illegal transaction, enterprise or scheme.
27.Cite the reason why direct recruitment and placement is prohibited?
Under the law, no employer may hire a Filipino worker for overseas employment
except through the Boards and entities authorized by the Secretary of Labor. This
is ruling is to protect the OFW from employers who will abuse and exploit them
by not honoring their contract.
Currently, employers are required to pay the repartration bond. the repatriation
bond shall guarantee the actual cost of repatriation of remains of directly hired
OFW following death from any cause, and actual cost incurred for repatriation
from other causes such as violation or non-compliance with the contract among
others. The performance bond shall guarantee compliance of the contract for its
entire duration
28.Cite the basis for declaring unconstitutional part of the provision of Section 10

(OFW Act)
The high tribunal ruled in Serrano v. Gallant Maritime Services, Inc., G.R. No.
167614, March 24, 2009, 582 SCRA 254, that the 5th paragraph of Sec. 10, RA
8042 is null and void for being contrary to Sec. 1, Art. III, and Sec. 3, Art. XIII of
the Constitution.
29.May the license issued to the Agency be transferred to another for the same
purpose engaging teh same business?
Non-Transferability of License. No license shall be transferred, conveyed or
assigned to any person, partnership or corporation. It shall not be used directly or
indirectly by any person, partnership or corporation other than the one in whose
favor it was issued.
In case of death of the sole proprietor and to prevent disruption of operation to
the prejudice of the interest of legitimate heirs, the license may be extended upon
request of the heirs, to continue only for the purpose of winding up business
operations.
30.May a local agency be held liable jointly and solidary with the foreign principal
should the latter decides to extend an employment contract with an OFW who
was later found to have been unlawfully dismissed?
Yes, Agency shall assume joint and solidary liability with the employer for all
claims and liabilities which may arise in connection with the implementation of the
contract, including but not limited to payment of wages, death and disability
compensation and repatriations;
31.When may the local agency and the principal be considered as not liable for
the death claims of an OFW?
If death is not service-connected or work-related, or happened inside the
company premises.
32.What are the liabilities that are imposed upon local agency jointly with the
foreign principal as a result of the that an OFW was illegally dismissed?
(1) full reimbursement of the deductions made with interest at twelve (12%) per
annum; and (2) salaries for the unexpired portion of his employment contract or
for three (3) months for every year of the unexpired term, whichever is less.