The Labor Code of the Philippines; Applicability Coverage Clause While government owned and controlled corporations (GOCCs) without original charters are covered by the Labor Code of the Philippines, employees of GOCCs are bereft of any right to negotiate the economic terms of their employment, i.e., salaries, emoluments, incentives and other benefits, with their employers since […]
Category: Labor Law
Suggested Answers to the 2024 Bar Examinations (Labor Law)
Several students and examinees have asked my father and me how we would answer the questions in the Bar Examinations in Labor Law. We drafted a post for this. While we’re here to share our take on the questions, consider the answers you read here as mere opinions from strangers you met online. Deploy critical […]
LMTs for the 2024 Bar Examination: Labor Law
1) Employer-employee relationship Four-fold test of employment relationship: (Salazar v. Simbajon, G.R. No. 202374, 30 June 2021) Power of Control The most important element is the employer’s control of the employee’s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it. […]
Use of a Person’s HIV-Positive Condition as a Ground for Dismissal
The foreign employer relied on its country’s HIV policy when it terminated the employee’s job. Was the employer able to successfully defend itself from the employee’s illegal dismissal complaint?
Extraordinary Remedy
Rule XII of the 2011 NLRC Rules of Procedure was amended by NLRC En Banc Resolution No. 1, Series of 2024. Check Out My Father’s Discussion of the Amendments
The Law Prescribes the Parties’ Employment Relationship
Rico and six other people alleged that they were engaged on different dates as fitness trainers by Fitness First Phil., Inc., a fitness company. Rico and his co-workers narrated that as fitness trainers, they sold and marketed the company’s physical health training programs and packages. With the company’s equipment, they also conducted actual training sessions […]
LMTs for the 2023 Labor Law Bar Examination
Last-minute Tips for the 2023 Labor Law Bar Examination
Effect of the Death of a Complainant to a Pending Suit for Illegal Dismissal
In this case, find out why an illegal dismissal complaint cannot be classified like an ordinary civil action insofar as the effect of death of any of the parties is concerned.
But They Agreed to be Engaged as Independent Contractors
When the status of the employment is in dispute, the employer bears the burden to prove that the workers are independent contractors rather than regular employees.
But the Employee Assaulted a Co-Worker Inside Company Premises
The employer claimed that it dismissed its employee for just cause because the latter assaulted a co-employee within company premises. Did the Supreme Court agree with the employer’s claim?
