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This web page introduces the book entitled:chanroblesvirtuallawlibrary
Labor Relations and Termination of Employment, Annotated
 [1,178 pages, 2009 Fourth Edition, ChanRobles Publishing Company, hardbound]

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NOW OFF THE PRESS!
2009 Fourth Edition
Available at Rex Bookstore, Central Bookstore, National Bookstore and other leading bookstores nationwide.
 
PROF. JOSELITO GUIANAN CHAN'S LABOR LAW SERIES 
Labor Relations and Termination of Employment, Annotated
Law on Labor Standards and Social Legislation, Annotated
 

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LABOR RELATIONS
AND
TERMINATION OF EMPLOYMENT
ANNOTATED
2009 Fourth Edition


CONTENTS AT A GLANCE
TITLE PAGE
THE AUTHOR
FOREWORD
PREFACE
DEDICATION
TABLE OF CONTENTS

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THE
LABOR CODE OF THE PHILIPPINES
Annotated

Volume II

LABOR RELATIONS
AND
TERMINATION OF EMPLOYMENT
 [Articles 211 to 302, Labor Code]

 

By

JOSELITO GUIANAN CHAN
Practising Lawyer, Professor of Law and Bar Reviewer

 

Fourth Edition, 2009
Revised and Enlarged

 

©  Philippine Copyright

1996, 2000, 2005 and 2009

 

All Rights Reserved
ISBN 971-91837-8-0

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. 
                     
_______________________
Authorized Signature

Serial No. 0001

 

Published & Distributed by:

ChanRobles Publishing Company

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JOSELITO GUIANAN CHAN

BSC., Ll.B., Magna Cum Laude, Valedictorian and Most Outstanding Student Awardee
Institute of Law, Far Eastern University, Manila
Law Practitioner
Certified Public Accountant
Bar Reviewer and Professor of Law, Arellano University, School of Law (2000 to present) Former Professor of Law, Institute of Law, Far Eastern University, Manila (1988-1993; 2001-2004)
Chief Legal Counsel, University of Santo Tomas and Santo Tomas University Hospital (1988-1992)
Consultant to the Chairman, Committee on Revision of Laws, House of Representatives,
Congress of the Philippines (1992-1994)
Accredited Voluntary Arbitrator, National Conciliation and Mediation Board (NCMB),
Department of Labor and Employment
Senior 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, 2000 & 2005 EditionS
Author, Law on Labor Standards and Social Legislation, Annotated, 1997 Edition
Co-Author, Legal Bibliography, 1988 Edition
Editor-in-Chief, Far Eastern Law Review
Editor-in-Chief, The Legal Advocate


 

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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 sifted 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.
 


(Sgd.) BLAS F. OPLE
 
 

2nd Floor, Marbella Manila Bldg., 2071 Blvd., Manila; Tel. 536-0259

 

 

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PREFACE
to the 2009 Fourth Revised Edition

 

The publication of this fourth (4th) edition becomes imperative in the light of the significant amendments to the Labor Code introduced by several new laws such as Republic Act No. 9492 [An Act Rationalizing the Celebration of National Holidays Amending for thie Purpose Section 26, Chapter 7, Book I of Executive Order No. 292, as Amended, Otherwise Known as the “Administrative Code of 1987”] which was approved on July 25, 2007; Republic Act No. 9481 [An Act Strengthening the Workers’Constitutional Right to Self-Organization, Amending for the Purpose Presidential Decree No. 442, as Amended, Otherwise Known as the Labor Code of the Philippines] which lapsed into law on May 25, 2007 and became effective on June 14, 2007; Republic Act No. 9422 [An Act to Strengthen the Regulatory Functions of the Philippine Overseas Employment Administration (POEA), Amending for this Purpose Republic Act No. 8042, Otherwise Known as the “Migrant Workers and Overseas Filipinos Act of 1995”] which was approved on April 10, 2007: and Republic Act No. 9347 [An Act Rationalizing the Composition and Functions of the National Labor Relations Commission, Amending for this Purpose Articles 213, 214, 215 and 216 of P. D. No. 442, as Amended, Otherwise Known as the Labor Code of the Philippines] which also lapsed into law on July 27, 2006 without the signature of the President, in accordance with Article VI, Section 27 [1] of the Constitution.

New pieces of jurisprudence have also been promulgated by the Supreme Court which significantly affect the prevailing well-settled rules in labor law.  All these are treated in the author’s Notes and Comments on the various articles of the Labor Code. 

This latest edition is dedicated to the memory of the late Blas F. Ople who graciously wrote the Foreword to this book in 1996. I cannot repay the precious time he gave up to go over the manuscript of its first edition. Indeed, I am bound in lasting gratitude.

 

Joselito Guianan Chan
Chan Robles Law Firm
22/F, Philippine Stock Exchange Centre
East Tower, Exchange Road
Ortigas Center
Pasig City
Metro Manila
Philippines

January 01, 2009

 


 

PREFACE 
Third Revised Edition, 2005

 
 

This third edition comes on the 9th year since the first was published in 1996.  More than 5,000 copies have been printed and distributed of this hardbound version.  Its digitized CD adaptation has likewise elicited similar enthusiasm from students, practitioners and clients when it was released also in 1996 – at a time when the internet age was just at its gestation stage. This book, in fact, was the first to be in digitized form in the Philippines at that time.

Since its last revision in 2000, a number of significant statutes affecting labor law have been enacted.  Important decisions changing certain well-ensconced doctrines have likewise been enunciated by the Supreme Court, most noteworthy of which is the Agabon rule which was promulgated in November, 2004.

Additionally, several major issuances have been made by the President and the other agencies of government tasked to implement and enforce labor laws.  For instance, the President has issued Executive Order No. 204 on May 05, 2005 delegating to the Secretary of Labor and Employment the power to exercise administrative supervision over the NLRC. The Secretary of Labor and Employment, for her part, has also promulgated several edicts, most notable of which is Department Order No. 40-03 in 2003 amending the implementing rules of Book V of the Labor Code.  For its part, the NLRC has changed its rules in 2002 and the NCMB has revised its procedural guidelines in the conduct of voluntary arbitration proceedings in late 2004. 

All these exciting developments in the law and jurisprudence are reflected in this book and in the other volume by the same author entitled The Labor Code of the Philippines Annotated, Volume I [Labor Standards and Social Legislation], 2006 edition. This and the other volume are being released in two formats – one, in hardbound, and the other, in digitized form - to accommodate those who are more conversant with the latter format.

This latest edition is dedicated to the memory of the late Blas F. Ople, the Father of the Labor Code, who graciously wrote the Foreword to this book in 1996.  I cannot repay the precious time he gave up to go over the manuscript of its first edition. Indeed, I am bound in lasting gratitude.

J. G. C.
Chan Robles Law Firm
Philippine Stock Exchange Centre
Exchange Road
Ortigas Center
Pasig City
Metro Manila

September 09, 2005

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



 

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TABLE OF CONTENTS
 
Fourth Edition, 2009

CLICK HERE FOR THE FULL COPY OF THE TABLE OF CONTENTS
(PDF Format)
 

Third Edition, 2005

CLICK HERE FOR THE FULL COPY OF THE TABLE OF CONTENTS
(PDF Format)
 

 

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