ILIGAN MEDICAL CENTER COLLEGE C. 13.

5 hours
ILIGAN CITY 7. Declaration of Policy of the State
ATTY. ALFONS JANSSEN MARCERA on Labor Relation

D. 13.5 hours
LABOR RELATIONS AND
NEGOTIATIONS VII. Course Requirements
A. 95% attendance and
A. Laws on Labor Relation and participation of students in various
Negotiation classroom activities
13.5 Hours B. Student’s personal sharing’s on
the entire course as to the effects of
1. Definition of the Laws on Labor the subject on their individual lives.
Relation and Negotiation
2. Applicability of the Laws and VIII. Grading System
Rules and Regulations on
Negotiation
3. Principles and Concepts on Labor INTRODUCTION
Relation and Negotiation
4. Rules, Regulations and 1. Getting to know
Procedures in Negotiations 30minutes
5. Relationship of Labor and 2. Course Expectation
Management Based on Accepted 15 minutes
Principles 3. Internal Rules
15 minutes
B. 13.5 hours
1. Requirement For Existence Of Honesty Principle and
Employee-Employer Relationship Cheating in class.
2. Working condition for
employment: What do you understand by Labor
a. Working Conditions Law? Labor? Law? Labor Relations?
b. Overtime Pay Negotiation?
c. Holiday Pay
d. Health Benefits (30 Minutes)
e. Social Benefits
Labor Standards
3. Supervisor Managerial Employees Labor Relations
Overtime Pay or Other Benefits Social Legislations
Required by Law
4. What is Holiday Pay? Who are (30 minutes)
entitled to such benefits?
5. Requirements For Employers To Constitution an Introduction
Provide Medical And Dental Services
to Employees No. of Hours Policy visa vis Labor in the
Philippines
(1 hour)
What is Law?
the principles and regulations
established in a community by some
authority and applicable to its
people, whether in the form of
legislation or of custom and policies
recognized and enforced by judicial
decision.
What is labor law?
Is that branch of law that governs
and regulates the relationship
between employees and employers.
Assignment
What is the difference between labor
standards v. labor relations?
What are examples of social
legislation?
CONSTITUTIONAL PROVISIONS ON
LABOR:
Section 9, Article II
The State shall promote a just and
dynamic social order that will
ensure the prosperity and
independence of the nation and free
the people from poverty through
policies that provide adequate social
services, promote full employment, a
rising standard of living, and an
improved quality of life for all.
Promotion of Full Employment
Section 10, Article II
The State shall promote social
justice in all phases of national
development.
In the fulfillment of this duty,
the State must give preferential
attention to the welfare of the less
fortunate members of the community,
those who have less in life
Section 18 Article 2:
The State affirms labor as a
primary social economic force. It
shall protect the rights of workers
and promote their welfare.
Section 10, Article 3
No law impairing the obligation of
contracts shall be passed.
Section 4, Article 3
No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the
right of the people peaceably to
assemble and petition the
government for redress of
grievances.
Section 8, Article 3
The right of the people,
including those employed in the
public and private sectors, to form
unions, associations, or societies for
purposes not contrary to law shall
not be abridged.
Section 18. (2) No involuntary
servitude in any form shall exist
except as a punishment for a crime
whereof the party shall have been
duly convicted.
PROTECTION TO LABOR
Section 3. The State shall
afford full protection to labor, local
and overseas, organized and
unorganized, and promote full
employment and equality of
employment opportunities for all.
It shall guarantee the rights of
all workers to self-organization,
collective bargaining and
negotiations, and peaceful concerted
activities, including the right to
strike in accordance with law. They
shall be entitled to security of
tenure, humane conditions of work,
and a living wage. They shall also
participate in policy and decision-
making processes affecting their
rights and benefits as may be
provided by law.
The State shall promote the
principle of shared responsibility
between workers and employers and
the preferential use of voluntary
modes in settling disputes,
including conciliation, and shall
enforce their mutual compliance
therewith to foster industrial peace.
The State shall regulate the
relations between workers and
employers, recognizing the right of
labor to its just share in the fruits of
production and the right of
enterprises to reasonable returns to
investments, and to expansion and
growth.
The right to property and due
process.
SYNOPSIS GONZALES V. NLRC
Petitioner has been a schoolteacher
in Ateneo de Davao since 1974. In
1991, petitioner was informed of
complaints from two parents for her
alleged use of corporal punishment
on her students. She demanded that
she be formally informed of the
complaint and be duly investigated.
An Investigative Committee was
then organized and petitioner was
duly furnished with the rules of
procedure. However, petitioner
refused to take part in the
investigation, asking for the revision
of the rules as the same are violative
of her right to due process. The
Committee, steadfast in adopting its
rules of procedure, commenced with
the investigation over the objection
and non-participation of petitioner.
Later, based on the findings of the
Committee, petitioner was served a
Notice of Termination. She then filed
a complaint for illegal dismissal and
the Labor Arbiter ruled in her favor
saying that there was failure to
establish substantial evidence as to
the guilt of petitioner of the offense
charged. But on appeal to the NLRC,
the same was reversed.
Upon being notified of the
termination, petitioner, in her
demand for compliance with the
basic requirements of due process,
at the very onset of the
investigation, asked for the revision
of the rules laid down by the
Investigative Committee. And the
adamant refusal of the Committee to
accede to this demand resulted in
petitioners failure to confront and
cross-examine her accusers. This is
a serious violation of petitioners
right to due process that ultimately
vitiated the investigation. Further,
there was failure to prove by
substantial evidence that petitioner
had indeed inflicted corporal
punishment on her students. The
NLRC relied solely on the witnesses
affidavits with questionable veracity,
while petitioner proved by means of
affidavits, letters of petition and
manifesto made by her students and
co-teachers that she was a students. In Ang Tibay v. CIR, the Court set
competent and dedicated teacher.
The conclusion of the NLRC being
unwarranted, the same was
reversed and set aside.
SYLLABUS
1. LABOR AND SOCIAL LEGISLATION;
TERMINATION OF EMPLOYMENT; ILLEGAL
DISMISSAL; DUE PROCESS; ELUCIDATED.
- Upon being notified of her termination,
petitioner has the right to demand
compliance with the basic requirements of
due process. Compliance entails the twin
requirements of procedural and substantial
due process. Ample opportunity must be
afforded the employee to defend herself
either personally and/or with assistance of
a representative; to know the nature of her
offense; and, to cross examine and confront
face to face the witnesses against her.
Likewise, due process requires that the
decision must be based on established facts
and on a sound legal foundation.
2. ID.; ID.; ID.; ID.; NOT AFFORDED
PETITIONER IN CASE AT BAR. - It is
precisely to demand compliance with the
requirements of due process that petitioner
at the very onset of the investigation
demanded the revision of the rules laid
down by the Investigative Committee. The
adamant refusal of the Committee to accede
to this demand resulted in her failure to
confront and cross-examine her accusers.
This is not harping at technicalities as
wrongfully pointed out by the NLRC but a
serious violation of petitioners statutory
and constitutional right to due process that
ultimately vitiated the investigation.
3. ID.; ID.; ID.; NOT JUSTIFIED BY
SUBSTANTIAL EVIDENCE IN CASE AT
BAR. - The failure of ATENEO to refute the
contention of petitioner that the joint
affidavits executed by the students and
parents were pre-prepared raises serious
doubts as to the probative value of this
evidence. They are hearsay evidence that
has no probative value whether objected to
or not. ATENEO failed to prove by
substantial evidence that petitioner had
inflicted corporal punishment on her
the measure of evidence to be presented in
an administrative investigation when it
said, substantial evidence is more than
mere scintilla. It means such relevant
evidence as a reasonable mind might accept
as adequate to support a conclusion. The
evidence of private respondent did not
measure up to this standard. It relied solely
on the witnesses affidavits with
questionable veracity. Moreover, the
affidavit of recantation executed by some
students and their parents all the more
weakened the case of private respondent.
Failure in this regard negates the very
existence of the ground for dismissal.
4. ID.; EMPLOYMENT;
SIGNIFICANCE AS A RIGHT. -
Employment is not merely a
contractual relationship; it
has assumed the nature of
property right. It may spell the
difference whether or not a
family will have food on their
table, roof over their heads
and education for their
children. It is for this reason
that the State has taken up
measures to protect
employees from unjustified
dismissals. It is also because
of this that the right to
security of tenure is not only a
 statutory right but, more so, a
constitutional right.

2. RIGHT TO SELF ORGANIZATION

3. RIGHT TO SECURITY OF
TENURE, COLLECTIVE
BARGAINING, STRIKE, AND TO
CONCERTED ACTIVITIES.
4. RIGHT TO JUST AND HUMANE
CONDITIONS OF WORK, SUCH AS
- Right to regular
workdays/hours
- Right to overtime
work/premium pay
-Right to weekly rest periods
-right to service incentive
leave pay.
-right to holiday pay/13th
month pay.

5.RIGHT TO LIVING WAGE

6. RIGH TO PARTICIPATE IN
POLICY AND DECISION MAKING
DOCTRINE OF CO
DETERMINATION
7. RIGHT TO JUST SHARE IN THE
FRUIT OF PRODUCTION (Profit)

To God be the Glory