LABOR

A complete collection of vocabulary flashcards derived from the lecture transcript covering Philippine labor relations, employer-employee relationships, employment classifications, termination causes, procedural due process, and NLRC legal processes.

Labor

Physical toil, done in exchange for wages.

Human Capital

Skills that workers possess.

Labor Relations Laws

Laws that govern the relationship between employees and employers.

Management Prerogative

Right of an employer to regulate all aspects of employment.

Economic Dependency Test

A test used to see if a worker relies on a specific business to make a living.

Four-Fold Test

A test used to determine an employer-employee relationship by examining who hires, pays, fires, and controls the work.

Control Test

The crucial and determinative indicator of an employer-employee relationship regarding the power to control the employee's conduct.

Regular Employee

An employee who performs activities necessary or desirable in the usual business of the employer.

Project Employee

An employee whose employment duration is tied to the completion of a specific project or undertaking.

Seasonal Employee

An employee who performs work that is seasonal in nature.

Casual Employee

An employee who performs activities not necessary or desirable to the business.

Fixed-Term Employee

An employee whose employment automatically ends on a specified expiration date.

Probationary Employee

A worker in a trial period to determine qualification for regular employment.

Security of Tenure

Statutory guarantee that an employee cannot be terminated unless there is a valid just or authorized cause.

Burden of Proof

Legal obligation of the employer to prove that an employee's dismissal was lawful.

Article 294 of the Labor Code

Article covering Security of Tenure and standard remedies including Reinstatement and Backwages.

Article 295 of the Labor Code

Article defining Regular, Project, Seasonal, and Casual Employment.

Article 296 of the Labor Code

Article establishing Probationary Employment rules and the six-month limit.

Article 297 of the Labor Code

Article governing Termination of Employment by Employer for Just Causes.

Article 298 of the Labor Code

Article governing Termination of Employment by Employer for Authorized Causes.

Article 299 of the Labor Code

Article governing Termination of Employment due to Disease.

Just Causes

Grounds for termination based on the employee's fault, behavior, or negligence under Article 297.

Misconduct

Transgression of some established rule of action.

Gross Negligence

Severe lack of care or failure to exercise even slight diligence.

Habitual Neglect

Repeated failure to perform duties over a period of time.

Abandonment

Deliberate, unjustified refusal to report to work, manifested by overt acts showing a clear intention to sever the relationship.

Constructive Dismissal

Making an employee's job so unbearable that they are forced to resign.

Twin Notice Requirement

Procedural due process consisting of a First Written Notice (warning), Opportunity to be Heard (hearing), and Second Written Notice (final decision).

Authorized Cause

Legal, business-based reason to fire an employee.

Labor-Saving Devices

Replacing human jobs with machines to save costs as an authorized cause.

Redundancy

Cutting job positions that are no longer needed as an authorized cause.

Retrenchment

Firing workers to save the business from actual or imminent substantial financial loss.

Closure

Closing the entire business or department to stop losing money.

Separation Pay

Cash given to a worker when they lose their job for business reasons or specific authorized conditions.

Reinstatement

Returning an illegally dismissed employee to their former job and benefits.

Actual Reinstatement

Putting an illegally dismissed employee physically back to work.

Payroll Reinstatement

Paying an illegally dismissed employee their salary without requiring them to report for work.

Full Backwages

Paying all lost salary and benefits from the time of illegal firing until reinstatement.

Ineffectual Dismissal

A valid firing that lacked fair warning (procedural due process), making the dismissal legal but requiring the employer to pay money damages.

Termination Due to Disease

Dismissal allowed when an illness prevents working by law or is prejudicial to health, and certified as incurable within six (6) months by a competent public health authority.

National Labor Relations Commission (NLRC)

A quasi-judicial body attached to DOLE solely for program and policy coordination.

Labor Arbiter (LA)

Public official with original and exclusive jurisdiction to hear and decide cases like illegal dismissal.