TY  - BOOK
AU  - Kato,Benedict Guirey
TI  - Survival notes in labor law
SN  - 9786210205052
U1  - 344.59901 
PY  - 2018///
CY  - Quezon City
PB  - Central Book Supply
KW  - Labor laws and legislation
KW  - Philippines
KW  - Examinations
KW  - Study guides
N1  - 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
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