Make your own free website on Tripod.com
CHAN ROBLES AND ASSOCIATES LAW FIRM - Welcome to the Home of the Philippine On-Line Legal Resources
 
 PHILIPPINE LABOR CIRCULAR
ON-LINE
 
Sponsored by:  The ChanRobles Group
 
This web page introduces the book entitled:
Law on Labor Relations and Termination of Employment, Annotated
 [847 pages, 1996 edition, ChanRobles Publishing Company, hardbound and CD-ROM]
 
 
ATTY. J. G. CHAN'S LABOR LAW SERIES 
Law on Labor Relations and Termination of Employment, Annotated
Law on Labor Standards and Social Legislation, Annotated
 
Bottom of Page
 
 
LAW ON LABOR RELATIONS
AND
TERMINATION OF EMPLOYMENT
ANNOTATED
 
CONTENTS AT A GLANCE
TITLE PAGE
THE AUTHOR
FOREWORD 
PREFACE 
DEDICATION
 
Back to Top
Back to Home
Back to Labor Index

 

 
 
 
     
LAW ON
LABOR RELATIONS
AND
TERMINATION OF EMPLOYMENT
ANNOTATED
 
[ARTICLES 211 TO 302, LABOR CODE OF THE PHILIPPINES]
 
 
 
JOSELITO GUIANAN CHAN
  
 
FIRST EDITION
1996
 
Published by:
 
CHANROBLES PUBLISHING COMPANY
21/F Philippine Stock Exchange Centre
Tektite East Tower, Exchange Road
Ortigas Center, Pasig City
Metropolitan Manila
Philippines
Tel. Nos. 634-07-41/42/43/44/45; 634-03-19; 634-88-81; 635-35-46; 743-75-32; 743-75-33
Fax Nos. 634-07-36; 634-88-81; 743-75-33; 813-27-10
 
 
 
 

Back to Top
Back to Home
Back to Labor Index

 
 
 
 
     
Philippine Copyright © 
 
MCMXCVI 

By 

JOSELITO GUIANAN CHAN 

BSC., Ll.B., Magna Cum Laude, Valedictorian and Most Outstanding Student Awardee  
Far Eastern University, Manila  
Practising Lawyer  
Certified Public Accountant  
Professor of Law, Institute of Law, Far Eastern University, Manila (1988-1993)  
Chief Legal Counsel, University of Santo Tomas and Santo Tomas University Hospital (1988-1992)  
Consultant to the Chairman, Committee on Foreign Relations,  
Senate of the Philippines (1994-1995)  
Consultant to the Chairman, Committee on Revision of Laws, House of Representatives,  
Congress of the Philippines (1992-1994)  
Consultant on Legal Affairs, Office of the Mayor, Quezon City (1992 to present)  
Accredited Voluntary Arbitrator, National Conciliation and Mediation Board (NCMB),  
Department of Labor and Employment  
Managing Partner, The Law Firm of Chan Robles & Associates  
Managing Partner, Chan Robles Pasion & Wy, CPAs  
Author, Law on Labor Relations and Termination of Employment, Annotated, 1996 Edition  
Co-Author, Legal Bibliography, 1988 Edition  
Editor-in-Chief, Far Eastern Law Review  
Editor-in-Chief, The Legal Advocate  

FIRST EDITION 

All rights reserved by the author. 

No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, machine-copied, mimeographed, typewritten, or in any other form, for distribution or sale, without the written permission of the author. Any copy of this book without the corresponding number and genuine signature of the author or his representative on this page, either proceeds from an illegitimate source or is in possession of one who has no authority to dispose thereof. 
  
The CD-ROM Version  
Adobe Acrobat Copyright 1987 - 1996 Adobe Systems Incorporated. All rights 
reserved. Adobe and Acrobat are trademarks of Adobe Systems Incorporated 
which may be registered in certain jurisdictions. 

 
 
 
 
 

Back to Top
Back to Home
Back to Labor Index

 
 
 
 
 
 
Republic of the Philippines
SENATE
Manila

BLAS F. OPLE 
Senator 

FOREWORD
  
  
Since the labor laws of the country were codified in the Seventies during my incumbency as Labor Secretary, the Labor Code has undergone a series of revisions both by acts of the legislature and by executive fiat. Taken with the numerous labor and social legislations bearing upon the field of labor and employment as well as the myriad rules implementing the Labor Code and related laws, the subject could be utterly confusing and rather complicated. 
  
Through the years, it has been noted that only very few annotations and commentaries have been written on the Labor Code. This is unfortunate considering its significance and impact on the lives of millions comprising the backbone of our nation. This book by Atty. Joselito Guianan Chan is certainly a welcome addition to the sparse bibliography on the Labor Code. 
  
Like a master craftsman, Atty. Chan has carefully shifted through the maze of existing and old laws, rules and regulations and other executive issuances and jurisprudential precepts, to "separate the grain from the chaff," so to speak, to bring us to the crux of things. He has intricately woven all these materials into a smooth-flowing and compelling discussion of the current status of the law and its intricacies, correlated with all relevant topics. 
  
In treating the more difficult or doubtful questions of the law, he provides us with incisive analysis and in-depth discussion of the legal issues at hand, with appropriate reference to the leading and latest judicial precedents, supplemented with a glimpse of the legislative history of the provisions under consideration, whenever necessary. 
  
The long years of legal practice and experience of Atty. Chan, both in the courtroom as an advocate of the law, and in the classroom as professor of law, not to mention his able stewardship of his law firm and skillful advocacy of his clientsí causes, have no doubt contributed in the formation and crystallization of this authoritative and comprehensive work. 
  
Indeed, no law library would be complete without a copy of this masterpiece. Students and practitioners will surely find this book invaluable. 
  
Senate of the Philippines, Manila, 14 August 1996. 
  
  
(Sgd.) BLAS F. OPLE
  
  
2nd Floor, Marbella Manila Bldg., 2071 Blvd., Manila; Tel. 536-0259
 
 
 
 
 
 

Back to Top
Back to Home
Back to Labor Index

 
 
 
 
 
  PREFACE
  
Having practised labor relations for close to a decade, I felt the compulsion to write this book on this most dynamic field in labor law the first time I handled my first labor case involving a very complex legal issue. Browsing over the provisions of the Labor Code and the multitudinous related laws and pertinent jurisprudence makes one wonder how students and practitioners of labor law, particularly labor relations and human resource management, are able to cope with the complex and labyrinthine situation.
 
Annotating the provisions on labor relations and termination of employment of the Labor Code is indeed not an easy task. Having been enacted while the country was under martial rule, some of its provisions have been rendered archaic not only because of passage of time but more importantly, because of the advent of the 1987 Constitution and the consequent legislative issuances to give life and meaning to the constitutional mandates. Not only this, while reference and correlation to existing applicable jurisprudence may not present much problem, however, there are countless laws, decrees, orders, circulars, manuals, policy instructions, rules and regulations related to the Labor Code which should be cited in order for the reader to have a clear understanding of the provisions of the Labor Code under consideration.
 
To date, the Labor Code has been amended, more or less, by 19 Presidential Decrees, 8 Executive Orders, 4 Batas Pambansa and about 13 Republic Acts enacted by the Congress of the Philippines, not to mention numerous other labor-related laws and social legislation superseding or otherwise expressly or impliedly repealing, some of its provisions.
 
This book intends to be as comprehensive as possible in its annotation of the provisions of the last three (3) Books of the Labor Code, specifically its Book V [Labor Relations], Book VI [Post Employment] and Book VII [Transitory and Final Provisions.
 
To effectuate such comprehensive treatment, provisions of the Constitution, Rules to Implement the Labor Code, latest related legislation of Congress, issuances of labor authorities and relevant decisions of the Supreme Court, are included in the Notes and Comments which immediately follow after each presentation of the codal provisions of the Labor Code. For easy reading and comprehension, I resorted to topical method of discussion, with appropriate, extensive reference and correlation to pertinent laws, issuances or decisions which were replicated in haec verba. In this manner, the reader need not resort to separate, tedious and time-consuming consultation with any related law or issuance being referred to in the Labor Code or which may be germane and truly relevant to the topic under discussion.
 
Many a student and practitioner intimated their difficulty to relate and correlate provisions of the Labor Code with the countless labor-related laws and jurisprudence. It is this need that this book humbly seeks to fulfill. In fact, this book does not contain any appendices of such related laws, issuances as well as jurisprudence, because their pertinent provisions and corresponding legal principles are alreadY substantially treated in the annotation. Besides, there is ample supply of compilations of such laws in the market.
 
The format and presentation must provide for easy reading and quick reference. For this purpose, topical headings are underlined or underscored to easily catch the readerís attention by a simple browse over. In this manner, students, reviewees and practitioners will have greater facility at research and study.
This prefatory statement will not be complete without expressing my gratitude to my parents and family, my valuable clients, former students and countless friends, for their inspiration; to my partner of many years, Atty. Reynaldo Bustos Robles; to my durable friends, Attys. Lacandola Saldana Leano, Nancy CT. Pasion, Jaime Bilan Montealegre, Jade Ferrer Wy and Maria Elenita Subijano Dungo as well as to the of counsels, consultants, senior associates, junior associates, paralegal and research staff and support personnel of The Law Firm of Chan Robles and Associates for their undiminished moral support and encouragement. Equally deserving of my most profound gratitude is my law school classmate and friend, Robert L. Bolisay, President of Intercontinental Paper Industries, Inc. (IPII) for graciously providing the quality paper on which this book is printed. Also to Mr. Juan Carlos B. Robles, my partner in the accounting firm, Chan Robles Pasion & Wy, CPAs, for preparing the CD-ROM version of this book.
 
I am immensely grateful to Senator Blas F. Ople, former Minister of Labor, the first and only Filipino elected as President of the International Labor Organization (ILO), the doyen of labor ministers around the world, one of the worthy framers of the 1987 Constitution and the acknowledged Father of the Labor Code, for the kind words he has graciously expressed in the Foreword. The precious time he gave up to go over the manuscript, I cannot certainly repay. I am bound in lasting gratitude.
 
J. G. C.
Quezon City
Metropolitan Manila
Philippines
September 09, 1996
 
 
 
 

Back to Top
Back to Home
Back to Labor Index

 
 
 
 
 
 

  

To
Labor
and
Capital
in whose hands
rest
the future of harmonious labor relations
and
industrial peace,
this humble work is dedicated.
  
  
 
 
 
 
 
 
Back to Top
Back to Home
Back to Labor Index

 
 
TABLE OF CONTENTS 
Please send your request to:
ChanRobles Publishing Company
 
 
 
Back to Top   -  Back to Home   -  Back to Philippine Labor Circular Index
 
URL : http://www.chanrobles.com/legal4labor8.htm
 Copyright ©1998 by ChanRobles Publishing Company 
 All Rights Reserved 
A production of The ChanRobles Group
Questions and comments mailto: 
cralaw@vasia.com or jgc@chanrobles.com 
Designed & Maintained by: 
Harvard Computer Systems, Inc. 
contents disclaimer   e-mail restriction 
[Our site works best at 800x600 resolution with Netscape]
     
Since 19.07.98