|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
By JOSELITO GUIANAN CHAN BSC.,
Ll.B., Magna Cum Laude, Valedictorian and Most Outstanding Student
Awardee
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.
|
Back
to Top
Back
to Home
Back
to Labor Index
|
BLAS F. OPLE
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 clients’ 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. |
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 reader’s 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
|
|
 |
|
|
|
|
|
 Harvard
Computer Systems, Inc. |
|
|
|