Management Prerogative

Management Prerogative

Management Prerogative
Selection & Hiring
Time, Place, and Manner of Work
Work Supervision
Discipline and dismissal
Lay-off and recall

Mandatory Workplace Policies

Mandatory Workplace Policies
• Alcohol-Free Workplace Policies
• Anti-Sexual Harassment Workplace Policies
• Covid-19 Workplace Policies
• Drug-Free Workplace Policies
• Hepatitis B Workplace Policies
• HIV-AIDS Workplace Policies
• Mental Health Workplace Policies
• Occupational Health & Safety Workplace Policies
• Tuberculosis Workplace Policies



• Pre-Employment Requirements
• Covid-19 Test
Drug Test
• Hepatitis B Test
• HIV Test
• Mental Health/Psychology Test

Categories of Employees

Government Employees
Managerial Employees
Managerial Staff
Supervisory Employees
Rank-and-File Employees
Field Personnel
Workers paid by results
Non-resident alien employees
Kasambahay or Domestic Worker

• Learners
• Apprentices
• On the Job Training
• Student Internships

Employment Contracts

Principles of Employment Contracts
Regular Employment
Probationary Employment
Casual Employment
Project Employment
Seasonal Employment
Fixed-Term Employment

Flexible Working Arrangements

Flexible Work Arrangements
Compressed Workweek
Gliding or Flex-Time Schedule
Rotation of Workdays
Rotation of Workers
Forced Leave
Telecommuting (WFH)

General Labor Standards

Statutory Monetary Benefits

Minimum Wage
13th Month Pay
Overtime Pay
Premium Pay
Holiday Pay
Night Shift Differential Pay
Service Incentive Leave
Maternity Leave
Paternity Leave
Solo Parent Leave
Special Leave for Women
VAWC Leave
Separation Pay
Service Charges
Retirement Pay

Due Process

Due Process

Due Process in Labor Law
Substantive Due Process
Procedural Due Process

Just Causes

Just Causes
Just Cause Procedure
Serious misconduct
Willful disobedience
Gross and habitual neglect of duty
Fraud or willful breach of trust
Loss of trust and confidence
Commission of a crime
Analogous causes

Authorized Causes

Authorized Causes
Authorized Cause Procedure
Installation of labor-saving devices
Retrenchment or downsizing
Closure or cessation of business
• Reinstatement is no longer feasible
• Strained relations

Illegal Dismissal

Illegal Dismissal
Full backwages
Moral damages
Exemplary damages
Nominal Damages
Attorney’s Fees

Working Conditions

Working Conditions

• 20-minute short rest periods
• 60-minute meal periods

Occupational Safety & Health

Workplace Safety & Health

Primer: OSH Law (2018)
• OSH Employer Categories
• OSH Committee
• First-Aider
• Safety Officer
• Nurse
• Doctor

Labor Relations


Right to Self-Organization
Unfair Labor Practices (ULP)
• ULP by Employer
• ULP by Labor Organization

Labor Organizations

Labor Organizations/Unions
Legitimate Labor Organizations
Bargaining Unit
• Exclusive Bargaining Unit

Collective Bargaining

Duty to bargain
Procedure in collective bargaining
CBA terms
Certification election



Clearance process
Certificate of employment
Final pay
Confidentiality or NDA

Regulated Industries

DO-174 Contracting

Job Contracting and Subcontracting
Contractor or Subcontractor
Principal in Contracting
Contractor’s employees
Control in Contracting
Labor-only Contracting

DO-150 Private Security

• Private Security (DO 150)
• SSC/PSA Service Agreements
• SSC/PSA Responsibilities and Liabilities
Employment terms and conditions
Statutory benefits
Right to security of tenure
Duty detail order

DO-141 Recruitment & Placement

• Private Employment Agency
• Application Requirements
• Recruitment & Placement Procedures
• Violations & Penalties

Labor Courts


• DOLE Inspector
• DOLE Hearing Officer
DOLE Regional Director
DOLE Secretary

Bureau of Labor Relations


• SEnA Hearing Officer
Labor Arbiter
National Labor Relations Commission


National Conciliation and Mediation Board
Voluntary Arbitrators


• Court of Appeals
• Supreme Court

Rules in Labor Cases

Burden of Proof
Technical Rules
Equipoise Rule

Overseas Employment

Overseas Employment

• Migrant Worker/OFW
• POEA Licensed Recruitment/Manning Agency
• Ban on Foreign Direct Hiring
• Money Claims
• POEA Licensed Recruitment Agency
• Ban on Foreign Direct Hiring

Illegal Recruitment

• Illegal Recruitment
• Prohibition on Officials
• Prescriptive Periods

Labor Laws and Regulations

Labor Laws (P1)

• Migrant Worker/OFW
• POEA Licensed Recruitment/Manning Agency
• Ban on Foreign Direct Hiringa

A. Constitution
• 1987 Constitution

B. Presidential Decrees
P.D. 442 – Labor Code (Book 1)
P.D. 442 – Labor Code (Book 2)
P.D. 442 – Labor Code (Book 3)
P.D. 442 – Labor Code (Book 4)
• P.D. 442 – Labor Code (Book 5)
• P.D. 442 – Labor Code (Book 6)
• P.D. 442 – Labor Code (Book 7)

• P.D. 851 – 13th Month Pay

Labor Laws (P2)

C. Republic Acts

• RA 386 – Civil Code of the Philippines
• RA 6715 – New Labor Relations Law
RA 6725 – Amending Article 135 of the Labor Code, Re: Prohibition on Discrimination Against Women
• RA 6727 – Wage Rationalization Act
• RA 6971 – Productivity Incentives Act of 1990
• RA 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act (as amended by RA 9231)
• RA 7699 – Portability Law
• RA 7877 – Anti-Sexual Harassment Act of 1995
• RA 8042 – Migrant Workers and Overseas Filipinos Act of 1995 (as amended by RA 10022)
• RA 8187 – Paternity Leave Act of 1996 (as amended by RA 11210)
• RA 8282 – SSS Law
• RA 8291 – GSIS Law

Labor Laws (P3)

C. Republic Acts

• RA 8972 – Solo Parents’ Welfare Act (as amended by RA 11210)
• RA 9208 – Anti-Trafficking in Persons Act of 2003 (as amended by R.A. 10364)
RA 9262 – Anti-Violence Against Women and Their Children Act of 2004
• RA 9710 – Magna Carta of Women
• RA 10022 – An Act Amending R.A. 8042
RA 10361 – Batas Kasambahay
RA 10801 – Overseas Workers Welfare Administration Act
RA 10911 – Anti-age Discrimination In Employment Act
RA 11165 – Telecommuting Act
RA 11199 – Social Security Act of 2018
RA 11210 – 105 Day Expanded Maternity Leave Law
RA 11223 – Universal Health Care Act
RA 11227 – Handbook for OFWs Act of 2018
RA 11313 – Safe Spaces Act

Labor Regulations

• DOLE Regulations
• SSS Regulations
• PhilHealth Regulations
• HDMF/Pag-IBIG Regulations
• GSIS Regulations

DOLE Compliance Reports

13th Month Pay Report
Compressed Workweek Report
DO-174 Semi-Annual Reports
Establishment Termination Report
Schemes Adopted During Period of Economic Difficulties Report
Telecommuting Report

Miscellaneous Reports

• SSS Reports
• PhilHealth Reports
• HDMF/Pag-IBIG Reports
• GSIS Reports