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Salonga
The Labor Code of the Philippines (PD
442)
A DECREE INSTITUTING A LABOR CODE,
THEREBY REVISING AND CONSOLIDATING
LABOR AND SOCIAL LAWS TO AFFORD
PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE
BASED ON SOCIAL JUSTICE
Preliminary Title
Chapter I: General Provisions
Art. I. Name of Decree This Decree shall be
known as the Labor Code of the Philippines
Classification of 7 books
a.
b.
c.
c.
d.
e.
f.
Book I Pre-employment
Book II Human Resources
Development
Book III Conditions of Employment
Book IV Health, Safety and Social
Welfare Benefits
Book V Labor Relations
Book VI Post-Employment
LRTA v. Venus
2.
2
3
Pre-employment Book I
State of Employment II IV
Post-employment V-VI
7 books of the LC
a.
b.
c.
d.
e.
f.
g.
h.
11
1. Implementing agencies
12
13
14
Duncan v. Glaxo
Francisco v. NLRC
Union of Filipino Employees v. Vivar, Jr.
FEMs Elegance Lodging House v. Murillo
Primary: DOLE
Other govt agencies:
o NLRC
o POEA
o National Wages and
Productivity Commission
o Employees Compensation
Commission
o OWWA
o GSIS
15
Employer-employee relationship is
created by an employment contract,
whether express or implied. Such
contract may be shown to exist by
proof of hire by competent person,
either by the employer himself or
through an authorized representative
or agent19
17
U.S. v. Molina
Santos v. Hon. Estenzo, et. al.
18
19
2. Employer-employee relationship;
the jurisdictional foundation
3. Laws on effectivity
20
43
44
41
42
Republic v. CA
Camporedondo v. NLRC
Rules Implementing the Labor Code
Filamer Christian Institute v. IAC
40
38
39
37
45
46
47
48
1. Retention limit
Reasons:
Art. 8. Transfer of lands to tenantworkers - Being a vital part of the labor force,
tenant-farmers on private agricultural lands
primarily devoted to rice and corn under a
system of share crop or lease tenancy whether
classified as landed estate or not shall be
deemed owner of a portion constituting a
family-size farm of five (5) hectares, if not
irrigated and three (3) hectares, if irrigated.
53
52
1. Emancipation of tenants
54
(a)
(b)
(c)
(d)
(e)
Gonzales v. CA
Luz Farms v. Sec. of DAR
57
63