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    Module No. 3 Labor Standards and Social Legislation Academic Year 2020-2021

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    Joseph Concepcion
    This module aims to provide students with knowledge of labor standards and social legislation in the Philippines. It will discuss pre-employment procedures under the Labor Code, including regulations around recruitment, placement of workers, and employment of non-resident aliens. It will also explain training and employment of special workers such as apprentices, learners, and handicapped workers. Students will learn key definitions, the roles of different stakeholders, prohibited practices, and enforcement of violations. Assessment tasks include written answers to guide questions, case digests, and explaining case issues and rulings.

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    Module No. 3 Labor Standards and Social Legislation Academic Year 2020-2021

    Uploaded by

    Joseph Concepcion
    54 views5 pages
    This module aims to provide students with knowledge of labor standards and social legislation in the Philippines. It will discuss pre-employment procedures under the Labor Code, including regulations around recruitment, placement of workers, and employment of non-resident aliens. It will also explain training and employment of special workers such as apprentices, learners, and handicapped workers. Students will learn key definitions, the roles of different stakeholders, prohibited practices, and enforcement of violations. Assessment tasks include written answers to guide questions, case digests, and explaining case issues and rulings.

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    MODULE NO. 3

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    This module aims to provide students with knowledge of labor standards and social legislation in the Philippines. It will discuss pre-employment procedures under the Labor Code, including regulations around recruitment, placement of workers, and employment of non-resident aliens. It will also explain training and employment of special workers such as apprentices, learners, and handicapped workers. Students will learn key definitions, the roles of different stakeholders, prohibited practices, and enforcement of violations. Assessment tasks include written answers to guide questions, case digests, and explaining case issues and rulings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views5 pages

    Module No. 3 Labor Standards and Social Legislation Academic Year 2020-2021

    Uploaded by

    Joseph Concepcion
    This module aims to provide students with knowledge of labor standards and social legislation in the Philippines. It will discuss pre-employment procedures under the Labor Code, including regulations around recruitment, placement of workers, and employment of non-resident aliens. It will also explain training and employment of special workers such as apprentices, learners, and handicapped workers. Students will learn key definitions, the roles of different stakeholders, prohibited practices, and enforcement of violations. Assessment tasks include written answers to guide questions, case digests, and explaining case issues and rulings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    MODULE NO.

    3
    LABOR STANDARDS AND SOCIAL LEGISLATION
    Academic year 2020-2021

    MODULE SUMMARY
    The broad purpose of this third module is to help you understand the Pre-
    employment procedures under Book One of the Labor Code and the Human
    Resources Development Program under Book Two of the Labor Code. In this
    module, the regulation of recruitment and placement activities and the employment
    of Non-resident Aliens will be discussed. Also, the training and employment of
    special workers (i.e. Apprentices, Learners and Handicapped Workers) will be
    explained.

    MODULE AIMS

     To provide student with knowledge and understanding of the definition of


    the following terms: Workers; Recruitment and Placement; Private fee-
    charging employment agency; License; Private recruitment entity;
    Authority; Seaman; Overseas employment; and Emigrant.
     To provide students with knowledge and understanding of the dynamics of
    recruitment and placement of workers together with its different
    stakeholders.
     To provide students with knowledge and understanding of the
    comprehensive legal definition of Illegal Recruitment, its elements,
    classifications, enforcement and sanctions.
     To provide students with knowledge and understanding of the definition,
    permissibility of employment and terms and conditions of employment of
    Alien and special workers.

    LEARNING OUTCOMES
    By the end of the module, students should be able to:

     Demonstrate knowledge and understanding of the regulations and


    procedures on recruitment and placement of workers
     Explain the elements and classification of Illegal Recruitment, its
    enforcement and sanctions
     Differentiate the different kind of special workers,

    PERFORMANCE STANDARD
    1. The student must be able to answer the guide questions that will be provided.
    2. The student must have read all the assigned cases and be able to discuss the
    relevant issue of the case and how the Court resolved the issue.

    COURSE CONTENT

    5. LABOR STANDARDS LAW


    - Mariveles Shipyard Corp. v. Court of Appeals 415 SCRA 573 (2003) “Purpose”

    5.01 Pre-Employment Policy – Statement of Objectives (See Article 12, Labor Code)

    5.02 Recruitment and Placement of Workers (See Arts.13-29, Labor Code; in rel to
    R.A. No. 8042; as amended my R.A. No. 9422 and R.A. No. 10022).

     Definition – Law structure


    - Executive Secretary v. Court of Appeals, 429 SCRA 81 (2004)
     Employment Agency – Art 13 (c), (d), (e), (f)
     Allowed Entities
    - Private [Art. 13 (c), (e)]
    - Public [Art. 12 (f), Art. 14 (g)]
     Deployment of Migrant Workers – Secs. 2,4,6 and 10 R.A. No. 8042
    as amended by R.A. No. 10022
    o Serrano v Gallant Maritime Services, Inc. 582 SCRA 254 (2009)
    o Skippers United Pacific, Inc. v. Doza, G.R. No. 175558, (2012)
     Prohibited Entity – Arts. 16,18, 26
     Techniques of Regulation – Arts. 25-39
    - People v. Buli-e, 404 SCRA 105 (2003)
     Illegal Recruitment – Arts. 34, 38, Labor Code; Sec 6, R.A. No. 8042;
    Secs. 2, 5, R.A. No. 10022.
    - Elements of the crime
    o CF Sharp Crew Management, Inc. v. Espanol, 533SCRA424 (2007)
    o Lapasaran v. People, 578 SCRA 658 (2009)

    - Large Scale
    o People v. Dujua, 422 SCRA 169 (2004)
     Enrocement and Sanctions – Arts. 36-39, Labor Code; Sec 7, R.A. No.
    10022
    o Executive Secretary v. Court of Appeals, 429 SCRA 81 (2004)
     Liability of Agency
    o Datuman v. First Cosmopolitan Manpower and Promotion Services,
    Inc. 571 SCRA 41 (2008)
     Pre-Termination
    o Flourish Maritime v. Alanzor, 548 SCRA 712 (2008)

    5.03 Alien Employment (See Arts. 40-42, Labor Code; Revised Guidelines for
    Issuances of Employment Permit – 1988)

     Coverage – Non-Resident Alien


    - Almodiel v. NLRC, 223 SCRA 341 (1993)
     Regulation Technique – Employment Permit (See Arts. 40-42; Art.
    XII, Sec 12, Constitution)
    - General Milling Corp. v. Torres, 196 SCRA 215 (1991)

    5.04 Employment of Apprentices, Learners and Handicapped Workers [See Arts.


    57-81, Labor Code; TESDA Act of 1994 (R.A. No. 7796); Dual Training System Act of
    1994 (R.A. No.7686); Magna Carta for Disabled Persons (R.A. No. 7796)].

     Policy Objectives – Secs. 2-3, R.A. No. 7796


    - Century Canning Corp. v. C.A. 530 SCRA 501 (2007)
     Apprentice
    a. Defined – Sec. 4(j) (R.A. No. 7796)
    b. Apprenticeable Occupation – Sec. 4 (m) (R.A. No.7796)
    c. Qualification – Sec 12, R.A. No. 7610, as amended by R.A. No. 7658
    d. Allowed Employment
    - Nitto Enterprises v. NLRC, 248 SCRA 654 (1995) “Program Approval”
    e. Terms and Conditions of Employment – Arts. 61-72
    f. Costs – Art. 71
    g. Enforcement – Arts. 65-67
     Learners
    a. Defined – Sec. 4 (R.A. No. 7796)
    b. Allowed Employment – Sec. 74 (b) (R.A. No. 7796)
    c. Terms and Conditions of Employment – Secs. 75-76 (R.A. No. 7796)
     Handicapped Worker – R.A. No. 7277
    a. Defined – Sec. 4 (a), (b), (c), (d), R.A. No. 7277
    b. Allowed Employment – Sec. 5 R.A. No. 7277
    - Bernardo v. NLRC, 310 SCRA 186 (1999)

    TEACHING AND LEARNING ACTIVITIES


    A lecture on the topics covered by the course content will be provided by the
    professor and the students are encouraged to participate by asking questions and
    providing insights to the topics beings discussed. A consultation hour every class
    will be conducted for the students to validate their learning through personal
    research on the topics under this module.

    ASSESSMENT / TASK
    1. A type written answers to the guide questions provided in this module must be
    submitted.
    2. A type written case digest must be submitted on or before the due date set. (All
    given cases in the Course Content of this Module).
    3. The assigned student to recite / report on the case must be able to explain the
    relevant issues of the case and the Court Ruling.

    REFERENCES / RESOURCES
     PRESIDENTIAL DECREE NO. 442 OF 1974, AS AMENDED AND
    RENUMBERED
     ANY LABOR LAW BOOKS WITH ANNOTATIONS

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