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Labor Law With Poquiz

1) The document summarizes key principles of labor law from a lecture by Dean Poquiz, including that the State Insurance Fund is primarily liable to pay worker compensation, with exceptions under the doctrine of limited liability such as for intoxication or self-inflicted injury due to notorious negligence. 2) It discusses the "coming and going rule" that injuries during regular commutes are usually not compensable, with exceptions like the proximity rule if the accident occurs on company premises or using employer-provided transportation. 3) Constructive dismissal was explained using an example where continued employment became unbearable due to frequent sexual remarks, allowing the employee to file a case.

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164 views1 page

Labor Law With Poquiz

1) The document summarizes key principles of labor law from a lecture by Dean Poquiz, including that the State Insurance Fund is primarily liable to pay worker compensation, with exceptions under the doctrine of limited liability such as for intoxication or self-inflicted injury due to notorious negligence. 2) It discusses the "coming and going rule" that injuries during regular commutes are usually not compensable, with exceptions like the proximity rule if the accident occurs on company premises or using employer-provided transportation. 3) Constructive dismissal was explained using an example where continued employment became unbearable due to frequent sexual remarks, allowing the employee to file a case.

Uploaded by

alexredrose
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ALBANO BAR REVIEW CENTER

LABOR LAW 2016


(Dean Poquiz lectures)

unlikely or unbearable based on the circumstances, brought upon by the


Principles in Labor Law constant, frequent sexual remarks being uttered by the superior officer.
Therefore, she can file a case for constructive dismissal.
I. STATE INSURANCE FUND is a trust fund. It is a tax except fund, created
out of the contributions of the employers, based on the salaries of the workers. Q: A group of employees assigned to a living quarter that is very
Primarily liable to pay compensation, dirty, no comfort room, full of cobwebs, worse, there are rats, cockroaches
living around the area. They resigned. Can they file a case for constructive
Q: Is there an exception where the State Insurance Fund is not liable? dismissal?
A: YES, under the doctrine of limited liability. A: YES, because continued employment has become unbearable
based on the circumstances due to rats, etc.
Q: What is the doctrine of limited liability?
A: That the State Insurance Fund is not liable of injuries arising out of the IV. CONCEPT OF REGULAR EMPLOYMENT
following:
1) Intoxication Q: Is Pedro, an auto mechanic in a repair shop, a regular employee
An intoxicated / drunk worker is one who is entirely out of himself. thereof?
He can commit self inflicted injury or death. A: YES, an auto mechanic, is a regular employee. He performs job
that is usually necessary and desirable in the usual business of the employer that
Q: Is the self inflicted injury or death compensable? of an auto repair shop.
A: Not compensable as a RULE. For example, SUICIDE.
Exceptions. SUICIDE is COMPENSABLE under the following: Q: In the same auto repair shop, they hire the services of a
a) Insanity: It must be proven by substantial evidence carpenter. Is the carpenter a regular employee thereof?
b) It arises out of an uncontrollable impulse A: NO, because he performs job that is NOT USUALLY
c) At the point of death because he is in the state of delirium NECESSARY AND DESIRABLE IN THE USUAL BUSINESS OF THE
EMPLOYER that is, an auto repair shop. He only performs work incident to
2) Self inflicted injury the principal activity. Indeed, he is merely a casual employee.
3) Notorious negligence
The worker DELIBERATELY disregarded his own personal safety.
For example:
Rex Publishing Bookstore delivered books going to Baguio. The
driver and delivery man returned via a long, winding, descending,
and zigzag road at a speed of 200 miles/hour. No trace of the driver
except the skeletal parts of the delivery man.

Q: Is the death compensable?


A: Non compensable because the driver is notoriously negligent. He
deliberately disregarded his own personal safety.

II. The COMING and GOING RULE


Q: In taking the usual route in coming from and going to the place
of work. An injury or death of the employee happened. Is the injury or death
compensable?
A: (2008 Bar Q. Dean Poquiz as labor law examiner, this is his
answer) NON COMPENSABLE.

Q: An employee departed from the place of work and took a public


conveyance (jeep, bus, taxi). He is exposed to the same danger being
experienced by ordinary commuters: the employer is not the insurer of the
safety of the worker. Employer not liable.

EXCEPTIONS:
1) PROXIMITY RULE. Accident happened while worker is in
the point of entrance or at the point of exit in the company
premises. He is still in the proximity of the working area. He is
still in the periphery (point of entrance/ exit of the working
area.
2) Using a company supplied transport vehicle during work, met
an accident (shuttle buses of company, going to and from of
work),
3) Employer requested his employee to 18:43 minutes
III. CONSTRUCTIVE DISMISSAL
(Example of short but loaded answer with legal anchor in the
BAR) A woman employee due to frequent sexual remarks uttered by her
superior officer, she was compelled to resigned, so she resigned.
Q: Can she file a case for constructive dismissal?
A: YES, the woman employee can file a case for constructive
dismissal because continued employment has become impossible, unreasonable,

1 Transcribed by Alexylle Rose Garsula Concepcion | TO GOD BE THE GLORY!

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