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Key Concepts in Labor Law and ILO Conventions

This document discusses labor laws and employment relationships. It provides evidence of an employer-employee relationship including an employment contract, SSS contributions, and payroll records. It also outlines the sources of labor laws in the Philippines from the Constitution to contracts and company policies. International conventions on labor from the International Labor Organization are also obligatory for the Philippines. Finally, it discusses the requisites of a valid employment contract and circumstances under which an employee can tender a resignation while under administrative investigation.

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Reino Cabitac
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78 views1 page

Key Concepts in Labor Law and ILO Conventions

This document discusses labor laws and employment relationships. It provides evidence of an employer-employee relationship including an employment contract, SSS contributions, and payroll records. It also outlines the sources of labor laws in the Philippines from the Constitution to contracts and company policies. International conventions on labor from the International Labor Organization are also obligatory for the Philippines. Finally, it discusses the requisites of a valid employment contract and circumstances under which an employee can tender a resignation while under administrative investigation.

Uploaded by

Reino Cabitac
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Labor Lecture Evidence of Er-Ee relationship:

Social legislation that are not labor laws 1. Employment contract


2. SSS
 CARP 3. IO
 Agrarian Reform Laws 4. Payroll
5. 201 file
Habilla vs. HSY Marketing (2018)
8 Conventions (ILO)
- Equipoise Rule – if evidence presented
are both in equipoise, meaning equal or 1. Freedom of Association and Protection
in doubt, case must be resolved in favor of the Right to Organize Convention
of labor. 2. Right to Organize and Collective
Bargaining Convention 1949
Sources of Labor Laws
3. Forced Labor Convention 1930
1. Constitution 4. Abolition of Forced Labor Conventions
2. Labor Code + IRR 1957
3. Contracts – parties may agree beyond 5. Minimum Wage Convention 1973
the minimum. 6. Worst Forms of Child Labor
4. CBA Conventions 1999
5. Company Policies – similar to customs 7. Equal Remuneration Convention 1951
Requisites: 1.) Voluntary institution by 8. Discrimination (Employment &
the employed. 2.) Should have been a Occupation) Convention 1958
practice for a day. 3.) Consistent and
deliberate.

*Provision in the Constitution on security of


tenure is self-executing

*living wage not self-executory

*Labor contracts are impressed w/ public


interest

International Labor Organization (ILO)

- formed in April 11, 1919

- PH is a signatory

- 8 fundamental conventions are obligatory.

Requisites of Employment Contract

1. Principal – can stand on its own


2. Nominate – has a name designated by
law.
3. Consensual- perfected by consent
4. Commutative – almost equivalent values
are given to each parties (e.g. labor &
wage)

Employee w/ admin case tenders resignation

- May accept so not in violation of


involuntary servitude but w/o prejudice
to the administrative investigation.

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