Masterclass: Management Prerogative (2023)

Right to security of tenure, Private Security

1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their

Brent School v. Zamora (1990)

This is the case of a P.E. Director who was not renewed his 5-year employment contract with an international school.

Learners

Learners are workers hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the

Labor Standards

Multiple Employment

Due to the pandemic, many are forced to look for other sources of income. These usually come in the form of having another job. The

Premium Pay

Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.

Labor Standards

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. Summary ▪

Due Process

Agabon doctrine

1. Concept “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural

Loss of trust and confidence

Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article

Cases: Moonlighting

1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of

Private Security

Compressed Workweek

Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work

SSC/PSA Responsibilities and Liabilities, Private Security

1. Solidary Liability and Responsibilities The Security Service Contractor / Private Security Agency (SSC/PSA) and its principal or client shall be jointly and solidarily liable

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

DO-174 Contracting

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

DO-174 Semi-Annual Reports

Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017

Principal in Contracting

Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main

Job Contracting and Subcontracting

Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed

Overseas Employment

Cases: OFWs dismissed from work

1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas

Cases: Sea-based workers, seafarers, mariners, ocean-going OFWs

1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19

Ban on direct-hiring for overseas employment 101

Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under

Management Prerogative