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TitleLabor Standards Reviewer
TagsOvertime Independent Contractor Employment Employee Benefits Wage
File Size298.3 KB
Total Pages36
Document Text Contents
Page 1

LABOR STANDARDS REVIEWER 1

LABOR STANDARDS

I. LABOR STANDARDS

What is labor standards?
• Giving what is due to the worker
• Minimum terms and conditions of employment that an

employer must provide to the workers
• Labor standards are fluid. What may be true now may not

be true in the future
• LABOR STANDARDS are those labor statutes that prescribe

standards relating to terms and conditions of
employment for compliance by employers

o like the laws on hours of work, weekly rest
periods, holiday pay, wages, and laws dealing
with women, minors, house-helpers, and
industrial home-workers.

Purpose of Labor standards (APIR)
1. Alleviate the plight of workers
2. Protection to workers against injustices
3. Impose sanctions on those who violate
4. Redress for violation of basic employee rights

Coverage of labor laws on standards
• Wages
• Working conditions and rest periods

o Hours of work
o Weekly rest periods
o Holiday, service incentive leaves and service charge
o 13th month pay

• Working conditions for special groups of employees
o Women
o Minors
o Househelpers
o Homeworkers
o Apprentices

o Learners
o Handicapped

• Termination of employment
o Substantive due process
o Procedural due process

o Compliance with the two notice requirement
1. Notice of the violation
2. Notice of termination

When can labor laws on standards apply? Labor laws can only
apply when there is an employer-employee relationship

When is there EMPLOYER-EMPLOYEE Relationship?
• Jeepney driver and owners

o The boundary system is only the mode of
compensation

o The owners of the jeepney still exercise control over
the drivers in determining the route

• There is NO employer-employee relationship in:
o Company and agent of company paid in commission –

the company does not have control over the agent
o Resident physician and the training hospital – residency

is simply a continuation of their medical course. It is a
pursuit of further education on a specific discipline.

How to determine the existence of the employer-employee
relationship:

The 4-Fold Test: When there is –
1. Selection and engagement of employees
2. Payment of wages
3. Power of dismissal
4. Power to control the employees conduct

a. Control of employees conduct is the most crucial and
determinative indicator of the existence of the
employer-employee relationship

The 2-Tiered Test for EMPLOYER-EMPLOYEE RELATIONSHIP –
Block 2

Page 36

LABOR STANDARDS REVIEWER 36

Art. 221: TECHNICAL RULES NOT BINDING AND
PRIOR RESORT TO AMICABLE SETTLEMENT

Quasi-judicial bodies like the NLRC are not bound by technical rules of
procedure of adjudication of cases.

The following are prohibited pleadings and motions under 2005
NLRC Rules of Procedure

1. Motion to dismiss, except:
a. on the ground of lack of jurisdiction over the subject

matter
b. Improper venue
c. Res judicata
d. Prescription and forum shopping

2. Motion for bill of particulars
3. Petition for relief from judgement when filed with the labor

arbiter
4. Petition for Certiorari, Prohibition and Mandamus
5. Motion to declare respondent in default
6. Motion for reconsideration or appeal from any interlocutory

order

Amicable settlement – the Labor Arbiter shall exert all efforts to
arrive at an amicable settlement of a labor dispute within its
jurisdiction on or before its first hearing or during the mandatory
conferences set for the purpose.

CHAPTER III; APPEAL TO THE NLRC
Art. 223: appeal

Grounds for an appeal (FLEP):
• If the discussion, order or award was secured through

Fraud or coercion, including graft and corruption
• If made purely on questions of Law
• If serious Errors in the findings of facts are raised which

would cause grave or irrepairable damage to the appellant
• If there is Prima facie evidence of abuse of discretion on

the part of the Labor Arbiter

Note: No motion for reconsideration is available in questioning the
Labor Arbiter’s decision.

Period for appeal is NOT EXTENDIBLE – the perfection of an
appeal within the statutory/reglementary period is not only
mandatory but also jurisdictional. Failure to do so renders the
questioned decision final and executory as to deprive the appellate
court of jurisdiction to alter the final judgement of the Regional
Directors and Labor Arbiters.

Requisites for the perfection of an appeal to the NLRC:
1. Verified memorandum of appeal

a. Containing the grounds, issues raised and arguments
propounded and reliefs sought within the required
period of appeal

b. Statement of the date appellant received the appealed
decisio, order or resolution

2. In (3) legibly typewritten or printed copies
3. Proof of payment of the required appeal fee
4. In case of monetary award, an appeal by the employer may be

perfected only by the posting of a bond (appeal bond).
5. Proof of service upon the other parties
6. Certificate of non-forum shopping

Block 2

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