Chapter I. Concept of labor law

Definition

When a "labor law" is not labor law

When "other law" is labor law

Importance of the concept

Exceptions to the reasonable causal connection rule

Restrictive covenants and damage claims

Rules on restrictive covenants

Other restrictive covenants

Related concepts

Application of the sole reference to labor law rule

Types of issues

Effect of mere reference to the labor code

Types of labor law

Questions asked in the bar

Un-asked questions or un-inquired areas

Applied bar methods

Distinction-type questions

Enumeration-type questions

Essay-type questions

The Domondon instructions

The Alcantara Q & As

Bar problem : a must read

Chapter II. Labor principles

Employer-employee relationship : characteristics & principles

Inter-party (no injunction policy)

Assymetrical (social utility theory)

Contractual (no involuntary servitude, non-oppression rule)

Master-servant relationship

In personam

Shared-responsibility

Impressed with public interest

Question of fact and question of law

Related matters

Constitutional principles

Sec. 3, Art. XIII

Pointers on enforceability

The full protection clause (Sec. 3, Art. XIII)

Portions with implementing laws

Distinctions

Uses of the distinction

Application

Cognate clauses of the 1987 constitution

The full protection clause

The due process clause (Sec. 1, Art. III)

The equal protection clause (Sec. 1, Art. III)

The fundamental equality clause (Sec. 14, Art. II)

The social justice clause (Sec. 10, Art. II; Sec. 2, Art. XIII)

PD 442 principles

Protection to labor policy (Art. 3)

Liberal interpretation rule (Art. 4)

Operative fact doctrine (Art. 5)

Equal protection to agricultural employees (Art. 6)

Pre-employment policies (Art. 12)

Principles of non-diminution of benefits (Art. 100)

Workers' preference (Art. 110)

Right to litigate (Art. 111)

Prescriptive and proscriptive wage rules (Arts. 101-105 & Arts. 112-118)

Primacy of negotiations (Art. 124)

Labor relations principles (Art. 218)

No injunction policy (Art. 266)

Miscellaneous (Art. 292)

Civil law principles

1 month is 30 days (Art. 3)

Principle of abuse of rights (Art. 19)

Principle of unjust enrichment (Art. 22)

Principle of freedom of contracts (Art. 1306)

Principle of relativity of contracts (Art. 1311)

Principle of the least transmission of rights (Art. 1378)

Principle of the necessitous person

Inter-disciplinary principles

Criminal law & criminal procedure

Mercantile law

Remedial law

Political law principles

Chapter III. Labor standards law

Preliminaries

Basic rules

Money claims of OFWs (Sec. 7, R.A. 10022)

Crew claims

Preliminary matters

Sickness allowance (the 120-day rule)

Disability compensation

Disease as cause of disability

Injury/accident as cause of disability

Concept of disability

Total permanent disability

The third physician rule

Non-applicability of the third physician rule

Grounds for disregarding the third medical opinion

Death compensation : rules

Labor standard claims

Coverage

Exclusions

Benefits

Mandatory employment terms under P.D. 442

Normal hours of work

Meal period

Holiday pay

Premium pay

Service incentive leave (SIL)

Nightshift differential

Weekly rest period

13th month pay

Labor standards cause of action : how determined

Wages and wage rules

Wage distortion

Job contracting

Diagram, appendix "A"

Penal labor laws

The recruitment law

The anti-sexual harassment act

The double indemnity law

The social security act

The seafarers protection act

Art. 133, labor code

Chapter IV. Overview

Twin-jurisdictional rules

Reasonable casual connection rule

Solo reference to labor law rule

Related matters

Aspects of labor procedure

Conferment of jurisdiction

Voluntary arbitrator

Labor arbiter

Regional Director

Med-arbiter

Secretary of Labor and Employment (SOLE)

Acquisition of jurisdiction

Voluntary arbitrator

Labor arbiter

Regional Director

Med-arbiter

Bureau of Labor Relations (BLR)

Secretary of Labor and Employment (SOLE)

Exercise of jurisdiction

Voluntary arbiter

Labor arbiter

Regional Director

Med-arbiter

Secretary of Labor and Employment (SOLE)

Bureau of Labor Relations (BLR)

National Labor Relations Commission

When jurisdiction is not exercised because : it cannot be exercised

It should not be exercised

Interplay of jurisdiction

National interest cases/certified cases

Appointment of labor arbiter as voluntary arbitrator

Regional Director-Labor Arbiter-Regional Director

Regional Director-SOLE-Bureau of Labor Relations

Regional Director-BLR-Secretary of Labor and Employment

Evidence in labor proceedings

Money claims

Other claims

Judgement

Appeal

Court of Appeals

Supreme Court

Post-judgement remedies

Execution

Restitution (Sec. 18, Rule XI, 2011 NLRC rules of procedure)

Revival of judgement

Piercing the veil of corporate fiction

Theories on piercing or grounds for piercing

Chapter V. Rights violations and remedies

Right to self-organization

General coverage

Specific coverage : KAT SINGS

Not covered : MACHEEN

Violation : ULP is a violation of the right to self-organization

ULP remedies

Right to security of tenure

Guide notes on pre-identified bar areas

Security of tenure

Concept of right to security of tenure

Violations Employer defenses

Employer-employee relationship tests

Just causes

Authorized causes

Pre-termination procedure

Chapter VI. Social legislation

The Social Security Act of 1997 (R.A. 8282)

The Government Service Insurance System Act (R.A. 8291)

Amended rules on employees compensation

The limited portability law

Chapter VII. Definitions, distinctions, enumerations &r related matters

Definitions

Distinctions

Crazy distinctions

Not crazy distinctions

Enumerations

Prerequisites

Fallback principles

Social legislations

Labor standards law

Labor relations law

Other labor statutes

Tests

Computations

Chapter VIII. Labor jurisprudence

Labor juris No. 001

Labor juris No. 002

Labor juris No. 003

Labor juris No. 004

Labor juris No. 005

Labor juris No. 006

Labor juris No. 007

Labor juris No. 008

Labor juris No. 009

Labor juris No. 010

Labor juris No. 011

Labor juris No. 012

Labor juris No. 013

Labor juris No. 014