2012 Labor Law, Q4

Juicy Bar and Night Club allowed by tolerance fifty (50) Guest Relations Officers (GROs) to work without compensation in its establishment under the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M. everyday, including Sundays and holidays. The GROs, however, were free to ply their trade elsewhere at anytime, but once they enter the premises of the night club, they Were required to stay up to closing time. The GROs earned their keep exclusively from commissions for food and drinks, and tips from generous customers. In time, the GROs formed the Solar Ugnayan ng mga Kababaihang lnaapi (SUKI), a labor union duly registered with DOLE. Subsequently, SUKI filed a petition for Certification Election in order to be recognized as the exclusive bargaining agent of its members. Juicy Bar and Night Club opposed the petition for Certification Election on the singular ground of absence of employer-employee relationship between the GROs on one hand and the night club on the other hand. May the GROs form SUKI as a labor organization for purposes of collective bargaining? Explain briefly. (5%)
A spinster school teacher took pity on one of her pupils, a robust and precocious 12-year old boy whose poor family could barely afford the cost of his schooling. She lives alone at her house near the School after her housemaid had left. In the afternoon, she lets the boy do various chores as cleaning, fetching water and all kinds of errands after school hours. She gives him rice and P100.00 before the boy goes home at 7:00 every night. The school principal learned about it and charged her with violating the law which prohibits the employment of children below 15 years of age. In her defense, the teacher stated that the work performed by her pupil is not hazardous. Is her defense tenable? Why? (5%)

Quick check

Under Article 136 of the Labor Code, what creates an employer-employee relationship for women working in night clubs?

May Guest Relations Officers deemed employees under Article 136 form a labor union for collective bargaining?

Under Republic Act No. 9231, what is the general rule regarding the employment of children below 15 years of age?

When is the employment of a child below 15 years of age legally permissible under R.A. 9231?

Is a school teacher's defense that minor chores were non-hazardous tenable when employing a 12-year-old pupil?

Learn more about these topics

1. Night Club Employees
Under Article 136 of the Labor Code, any woman who is permitted or suffered to work, with or without compensation, in night clubs, bars, or similar establishments under the direct supervision of the employer or manager shall be considered an employee of such establishment. The exercise of control over her working hours, conduct, and stay within the establishment creates a statutory employer-employee relationship. Consequently, Guest Relations Officers who work under manager supervision are regular employees entitled to form labor organizations and petition for certification election to exercise their right to collective bargaining.

2. Child Labor Restrictions
Under Republic Act No. 9231, amending Special Protection of Children Against Abuse, Exploitation and Discrimination Act, children below fifteen years of age are strictly prohibited from being employed. The sole statutory exceptions permit child employment only when working directly under the sole responsibility of parents or legal guardians in non-hazardous undertakings, or when participating in public entertainment or essential media under strict DOLE permits. The defense that the work is non-hazardous is legally untenable when the employer is not a parent or legal guardian of the minor child.

3. Collective Bargaining Prerequisites
The existence of an employer-employee relationship is an indispensable prerequisite for filing a petition for certification election and engaging in collective bargaining under the Labor Code. Once a statutory employment relationship is established pursuant to labor standards governing night club workers, the employees enjoy full constitutional and statutory rights to self-organization. An employer cannot defeat a petition for certification election by alleging lack of compensation or compensation by tips alone when direct managerial control and suffered work establish employment status.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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