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Source of Labor law Secondary
opinions of dole secretary and doj secretary 2 report debates hearing made by congress written labor revies, textbook and opinions foreign laws and decision of foreign
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in case where the labor union become merely a recruiter or a labor negotiator and supplier
cabo system
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all doubts in intenpretation of the provision of the labor code inluding its implementing rules and regulations, shall be resolved in favor of labor
labor code
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any natural or juridical identity who puts out a or work farm out a job to contractor
Principal job provider
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covered by the labor law
without original charters
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beginning of the first day
commencement of employment
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beginning of employment
contract of employment
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includes all rules of law under the control of other persons called employers
labor law
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involuntary idleness on the part of an employee who is able to willing to work but could hardly find one
unemployment
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why it is important to determine employer-employee relationship?
jurisdiction of the case entitlement to benefits security of tenure
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labor law applies fo those who are covered by it under the condition
determining the law to govern
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not to oppressively against each other to impair the interest and convenience of the public
principle of non oppression
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most important element if all of these are present then there is an employer and employee relationship
control test
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existence of employer-employee relationship
four-fold test
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lowest amount of wage that an employer will pay to an employee
minimum wage
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12 Employee Rights
employee tenure self organization collective bargaining just and humane working conditions strike concerted activities participate in decision making just share in the fruit and production labor standards cba rights full state equal work oppurtunities due process in discipline and dismissal
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is a rule of conduct, just, obligatory promulgated by legitimate authority
law
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the manner of selection and engagement of the putative employee
hiring
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group of person or labor group in which the guise of labor organization supplies workers to an organization
cabo system is illegal
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who want to work at the prevailing rates of pay can work without undue difficulty
full employment clause
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refers to physical or mental exertion necessary to produce goods or render some services, it may include the labor force who are employed or those who are able and willing to work but are temporarily or involuntarily unemployed. physical tool although it does not necessarily include the application of skill, there is skilled and unskilled labor set of substantive and procedural laws that prescribe the principal rights and responsibilities of employers, employees and other industrial participants as well as the role of government.
concept of labor
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all doubts in the implementation and interpretation of the provision of this code
labor
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Source of labor Primary
philippine constitution legislative passes decision of the supreme court irr of dole decision of quasi-judicial bodies such as nlrc
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an employer is free to regulate according to his own discretion and judgement all aspect of employment
management prerogative
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Any person engages in legitimate contracting arrangeme providing service for a specific job byprincipal
Contractor sub con Employer
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mode of payment
wages
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defines status, right and duties and institutional mechanism that govern the individual collective interactions of employee see to stabilize the relation between employer and employee to forestall and tress out their differences though the encouragement of 14 - 15 collective bargaining and the settlement of labor dispute through conciliation mediation and arbitration achieve industrial peace
labor relations law
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governed by the civil service law
with original charters
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Collective Bargaining Agreement Parts
compensation benefits labor relations
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arising from eerbare under the authority of the national labor relations commission
determining the court jurisdiction
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arrangement whereby a principal agrees to farm out to a contractor
contracting and sub contracting
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hired to perform worked farm out by the principal pursuant to as service agreement
employee employee contractor
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AEP
alien employment permit
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law that govern the employer-employee relationship while the latter arising from employee employment such as retirement etc.
social welfare legislation
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the power to control the means and method by which work is to be accomplish
control test
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the selection and engagement of the employee, payment of wages, power of dismissal
the four fold test
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promotion of the welfare of all people the adoption by government of measure calculated to insure economic stability of all the competent elements of the society through the maintenance of a proper economic and social equilibirium
social justice
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existing economic conditions between the parties are used to determine whether employer-employee exist
economic test
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the presence or absence of the power of dismissal
firing
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minimum requirements prescribe by existing law as a term and conditions of employment affecting wage of monetary benefits, hours of woke, cost of living allowances, and occupational health safety and welfare of others
labor standards law