Midterms Coverage Flashcards
(45 cards)
What does it mean that “labor is a protected class”? How is it related to the presumption of inherent inequality?
Labor is a constitutionally protected social class due to the perceived inequality between capital and labor. The presumption is that the employee is on unequal footing with the employer, so the State has the responsibility to protect the employee.
Employees with special qualifications would be on equal footing with their employers, and thus, would need a lesser degree of protection from the State than an ordinary worker.
How is the laws and rules of labor construed in case of doubt?
All doubts in the implementation and interpretation of the provisions of the Labor Code, including its implementing rules and regulations, shall be resolved in favor of labor.
What is the rule regarding social justice and balancing of interest?
Social justice is the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.
Social justice must be consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about “the greatest good to the greatest number.”
Can the security of tenure of laborers be restricted by the State?
Generally, while the right of workers to security of tenure is guaranteed by the Constitution, its exercise may be reasonably regulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety, and the general welfare of the people.
What is the rule regarding separation pay and social justice?
Generally, when just causes for terminating the services of an employee under Art. 282 of the Labor Code does not exist, the employee is not entitled to separation pay. The apparent reason behind the forfeiture of the right to termination pay is that lawbreakers should not benefit from their illegal acts.
Exception is when the court finds justification in applying the principle of social justice well entrenched in the 1987 Constitution. The reason is that our Constitution is replete with positive commands for the promotion of social justice, and particularly the protection of the rights of the workers.
As one of the sources of labor law, what is a collective bargaining agreement?
A collective bargaining agreement is the negotiated contract between a legitimate labor organization and the employer concerning wages, hours of work, and all other terms and conditions of employment in a bargaining unit. It incorporates the agreement reached after negotiations between the employer and the bargaining agent with respect to terms and conditions of employment.
What is the effect of a collective bargaining agreement?
While the terms and conditions of a collective bargaining agreement constitute the law between the parties, it is not however, an ordinary contract to which is applied the principles of law governing ordinary contracts. A collective bargaining agreement, as a labor contract, is not merely contractual in nature but impressed with public interest, thus, it must yield to the common good.
When is a past practice considered as one of the sources of labor law?
With regard to the length of time the company practice should have been observed to constitute a voluntary employer practice that cannot be unilaterally reduced, diminished, discontinued or eliminated by the employer, we find that jurisprudence has not laid down any rule requiring a specific minimum number of years.
To be considered a “regular practice,” the giving of the benefit should have been done over a long period of time, and must be shown to have been consistent and deliberate.
What is the rule regarding the non-diminution of benefits? What are its exception?
Under the non-diminution rule of the Labor Code, this rule prohibits the employers from eliminating or reducing the benefits received by their employees.
It applies only if the benefit is based on an express policy, a written contract, or has ripened into a practice.
To be considered a practice, it must be consistently and deliberately made by the employer over a long period of time.
However, this rule admits of an exception and that is when the practice is due to error in the construction or application of a doubtful or difficult question of law.
The error, however, must be corrected immediately after its discovery; otherwise, the rule on Non-Diminution of Benefits would still apply.
What is the rule regarding company policies as source of labor law?
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.
What is the rule regarding management prerogative on disciplining employees?
The constitution recognize the employer’s right and prerogative to manage its operation according to reasonable standards and norms of fair play.
An employer has free reign over every aspect of its business, including the disciplining of his employees as long as the exercise of its management prerogative is done reasonably, in good faith, and in a manner not otherwise intended to defeat or circumvent the rights of workers.
What is the rule regarding management prerogative on the transfer of employees?
It is the employer’s prerogative, based on its assessment and perception of its employees’ qualifications, aptitudes, and competence, to move them around in the various areas of its business operations in order to ascertain where they will function with maximum benefit to the company.
When his transfer is not unreasonable, nor inconvenient, nor prejudicial to him, and it does not involve a demotion in rank or a diminution of his salaries, benefits, and other privileges, the employee may not complain that it amounts to a constructive dismissal.
Under the case of Peckson v. Robinsons, what are the four guidelines provided therein about the transfer of employees?
A transfer is a movement from one position to another of equivalent rank, level or salary without break in the service or a lateral movement from one position to another of equivalent rank or salary;
The employer has the inherent right to transfer or reassign an employee for legitimate business purposes;
A transfer becomes unlawful where it is motivated by discrimination or bad faith or is effected as a form of punishment or is a demotion without sufficient cause;
The employer must be able to show that the transfer is not unreasonable, inconvenient, or prejudicial to the employee.
What is the rule regarding management prerogative on productivity standards?
An employer is entitled to impose productivity standards for its workers, and in fact, non-compliance may be visited with a penalty even more severe than demotion.
The practice of a company in laying off workers because they failed to make the work quota has been recognized in this jurisdiction.
What is the rule on management prerogative and taking away the benefit of bonuses?
The grant of a bonus or special incentive, being a management prerogative, is not a demandable and enforceable obligation, except when the bonus or special incentive is made part of the wage, salary or compensation of the employee, or is promised by the employer and expressly agreed upon by the parties.
What is the rule on management prerogative and the change of working hours?
Management is free to regulate, according to its own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, layoff of workers and discipline, dismissal, and recall of workers.
What is the rule on management prerogative and post-employment restrictions?
A non-involvement clause is not necessarily void for being in restraint of trade as long as there are reasonable limitations as to time, trade, and place.
What is the rule on management prerogative and marriage of employees?
Employers may freely conduct their affairs and employ discretion and judgment in managing all aspects of employment. However, their exercise of this right to management prerogative must be in accord with justice and fair play.
As an exception to the management prerogative of employers to manage marriage between employees, what is the bona fide employment qualifications?
The finding of a bona fide occupational qualification justifies an employer’s no-spouse rule. In order to do so, the employer must prove two factors:
(1) That the employment qualification is reasonably related to the essential operation of the job involved; and
(2) That there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job.
What is the rule regarding security of tenure?
Our Constitution, statutes and jurisprudence uniformly guarantee to every employee or worker tenurial security. What this means is that an employer shall not dismiss an employee except for a just or authorized cause and only after due process is observed.
This includes probationary and regular employees, as well as confidential and managerial employees alike.
What is the rule on the disposition of labor disputes?
While it is true that compassion and human consideration should guide the disposition of cases involving termination of employment since it affects one’s source or means of livelihood, it should not be overlooked that the benefits accorded to labor do not include compelling an employer to retain the services of an employee who has been shown to be a gross liability to the employer.
What is the rule regarding the imposition of penalty?
The rules on termination of employment, penalties for infractions, insofar as fiduciary employees are concerned, are not necessarily the same as those applicable to the termination of employment of ordinary employees. Employers, generally, are allowed a wider latitude of discretion in terminating the employment of managerial personnel or those of similar rank performing functions which by their nature require the employer’s trust and confidence than in the case of ordinary rank-and-file employees.
What is the definition of an employer and an employee?
Employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.
Employee includes any person in the employ of an employer.
What makes an employer-employee relationship a question of law or a matter of fact?
If the contract says you’re not an employee, but the law says you are. The law must be followed, it is controlling, because such matter is a question of law. It is a matter of fact because you have to prove the existence of an employer-employee relationship.
