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economic force. It shall protect the rights of workers and promote their welfare.” Article XIII, Section 3 “The State shall afford full protection to labor.” (par. 1) “It shall guarantee the rights of all workers to: a. Self-organization b. collective bargaining and negotiations c. peaceful concerted activities including the right to strike in accordance with law d. Security of tenure e. humane conditions of work f. living wage g. participate in policy and decision-making process affecting their rights and benefits as may be provided by law.” (par.2) “The State shall promote the principle of shared responsibility between workers and employers.” (par. 3) “The State shall regulate the relations between workers and employers.” (par. 4) CONSTITUTIONAL PROVISIONS ON AGRARIAN REFORM Article II, Section 21 “The State shall promote comprehensive rural development and agrarian reform.” Article XIII, Section 4 “The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.xxx” CONSTRUCTION IN FAVOR OF LABOR In interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the Constitutional mandate, the SC adopts the liberal approach which favors the exercise of labor rights.(Meralco vs. NLRC, G.R.No. 78763. Jul.12, 1989) While the Constitution is committed to the policy of social justice and the protection of the working class, it should not be supposed that every labor dispute shall be automatically resolved in favor of labor. It is mandated that there be equal protection and respect not only the laborer’s side but also the management and/or employer’s side. The law, in protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the employer. (Colgate Palmolive Philippines vs Ople, G.R.No. 73681. June 30,1988) RULE-MAKING POWER It is true that police power is the domain of the legislature, but it does not mean that such an authority may not be lawfully delegated. The Labor Code itself vests the Department of Labor and Employment with rule-making powers in the enforcement whereof. (PASEI vs Drilon) APPLICABILITY OF THE LABOR CODE The LC applies to all workers, whether agricultural or non-agricultural, including employees in a Government corporation incorporated under the Corporation Code. Government corporations created by special (original) charter are subject to the Civil Service Law, while those corporations under the general corporation law are not within the coverage of the Civil Service Law, but are subject to the provisions of Labor Code. PART II: LABOR STANDARDS ILLEGAL RECRUITMENT “Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. (People vs. Dominga Corrales Fortuna) ILLEGAL RECRUITMENT Prescriptive Period REGULAR ECONOMIC SABOTAGE 20 years
comes into play ONLY when the employment contract concerned has a term of at least 1 year or more. 10 of the MWA of 1995.A. i. Learnership refers to hiring of persons as trainees in semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed 3 months. LEARNERSHIP DURATION Not less than 3 months practical training on Practical training on the job not to exceed 3 the job but not more than 6months months. However.” NOTE: Effectivity date is July 15.Imprisonment Prision mayor 200T-500T Life imprisonment More than 500T1M Fine Maximum penalty shall be imposed if the person illegally recruited is less than 18 years of age or committed by a nonlicensee or non-holder of authority.No. LEARNERSHIP. Aug. 8042 Illegally dismissed employees are entitled to full reimbursement of his placement fee with interest at 12% per annum PLUS salary for unexpired portion of his employment OR for three (3) months for every year of the unexpired term whichever is less.e. whether his salaries for the unexpired portion of his employment contract or 3 months’ salary for every year of the unexpired term whichever is less. ER’s COMMITMENT TO HIRE No commitment to hire With commitment to employ the learner as regular employee if he desires upon completion of learnership EFFECT OF PRETERMINATION Worker is not considered an Learner is considered regular employee after 2 employee months of training and dismissal is without fault of learner FOCUS OF TRAINING Highly skilled or technical industries & in industrial occupation Semi-skilled/industrial occupation (nonapprenticeable) APPRENTICESHIP APPROVAL Requires DOLE approval for Not required validity EXHAUSTION OF ADM.R.25. This is evident from the words “for every year of the unexpired term” which follows the salaries x x x for three months. disease or illness. NLRC (G. REMEDIES IN CASE OF BREACH OF CONTRACT Precondition for filing action Not required 2 . CONCEPT Practical training on the job supplemented by Hiring of persons as trainees in semi-skilled and related theoretical instruction other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time. 127195. SOLIDARY LIABILITY OF PRINCIPAL/EMPLOYER AND AGENCY Under Sec. SC clarified in the case of Marsaman Manning Agency vs. APPRENTICESHIP. 1995. Handicapped workers are those whose earning capacity is impaired by age or physical or mental deficiency or injury. PREMATURE TERMINATION OF CONTRACT UNDER R. 1999) that “A plain reading of section 10 clearly reveals that the choice of which amount to award an illegally dismissed OCW. HANDICAPPED WORKERS Apprenticeship means practical training on the job supplemented by related theoretical instruction. The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several.
and The facilities must be charged at fair and reasonable value. In job contracting / subcontracting. (4) LABOR-ONLY CONTRACTING In an ordinary employer-employee relationship. benefits and deductions for particular period. HOURS WORKED. The employer shall assume responsibility in case the wage protection provisions of law and regulations are not complied with under the arrangement.the employer and the employee. if payment of wages is through banks. If the four-fold test is satisfied not by the job contractor or subcontractor but by the principal. The employees are given reasonable time to withdraw their wages from the bank facility which time. the four-fold test of employer-employee relationship should be satisfied by the contractor or subcontractor in relation to the employee it engages to accomplish the contracted or subcontracted job or service. there are three parties involved: The principal who decides to farm out a job or service to a subcontractor. if done during working hours. ATM or by check. The provision of deductible facilities must be voluntarily accepted in writing by the employee.) If worked 300% of the basic wage. There shall be no additional expenses and no diminution of benefits and privileges as a result of the ATM system of payment. the principal then becomes the employer of the employees engaged to accomplish the job or service. SUPPLEMENTS FACILITIES items of expense necessary for the laborer’s and his family’s existence and subsistence Part of the wage Deductible from the wage SUPPLEMENTS constitute extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings wages Independent of the wage not wage deductible LEGAL REQUIREMENTS BEFORE FACILITIES CAN BE DEDUCTED FROM WAGES Proof must be shown that such facilities are customarily furnished by the trade. the employer shall issue a record of payment of wages. ( c) Has the obligation to pay the employees his or her wages and other benefits. In job contracting or subcontracting. was on leave with pay. REQUISITES: The ATM system of payment is with the written consent of the employees concerned. (b) Has the power to select and hire the employee. (3) PRIVATE RECRUITMENT AND PLACEMENT AGENCY.10. or was on authorized absence on the day prior to the regular holiday. SUCCESSIVE HOLIDAY RULE the employee must be present the day before the scheduled regular holiday to be entitled to compensation to both. Rule IV. Meal period of less than twenty(20) minutes. There is a bank or ATM facility within a radius of 1-km to the place of work. under which the employer: ( a) Directly exercises control and supervision over the employee not only as to the results of the work but also as to the means employed to attain this result. Book III. shall be considered compensable hours worked. The system shall allow workers to receive their wages within the period or frequency and in the amount prescribed by the Labor Code. Implementing Rules) DOUBLE HOLIDAY RULE If unworked: 200% of the basic wage. (2) INDEPENDENT JOB CONTRACTING/ SUBCONTRACTING. the job contractor or subcontractor which has the capacity to independently undertake the performance of the job or service. Upon request of the concerned employee/s. he must work on the first holiday to be entitled to holiday pay on the second regular holiday. and (d) Has the power to transfer and dismiss or discharge employees.HOLIDAYS SINGLE HOLIDAY RULE provided that the employee: worked. there are only two parties involved . FACILITIES VS. and the employees engaged by the job contractor or subcontractor to accomplish the job or service. since it becomes only a rest period and is thus considered as work time The reasonable time to withdraw their wages from the bank facility if done during working hours. DIFFERENCES AMONG (1)AN ORDINARY EMPLOYER-EMPLOYEE RELATIONSHIP. (NB: to give employee only 100% would reduce the number of holidays under DO No. (Sec. WHAT IT INCLUDES All time during which an employee is required to be on duty or to be at a prescribed workplace. Rest periods of short duration during working hours. What exists is not job 3 . This relationship is established through a four-fold test. otherwise. 3. PAYMENT OF WAGES THROUGH ATM MACHINES. All time during which an employee is suffered or permitted to work.
and the following elements are present: (a) The contractor or subcontractor does not have substantial capital or investment to actually perform the job. according to its own manner and method. NLRC). b. willing and ready to work but was illegally locked out. Since the act of an agent is the act of the principal. a petition for cancellation of union registration may be filed against it. or management and employee of a "fair day's wage for a fair day's labor" remains as the basic factor in determining employees' wages. security of tenure. EXCEPTION: When Congress itself issues a law increasing wages. 279 SCRA 218) WAGE ORDER An order issued by the Regional Tripartite Wages & Productivity Board whenever the conditions in the region so warrant after investigating and studying all pertinent facts and based on the standards and criteria prescribed by the LC. While a job contractor or subcontractor directly undertakes a specific job or service for a principal. A wage Order issued by the Board may not be disturbed for a period of 12 months from its effectivity and no petition for wage increase shall be entertained during said period. the Regional Board proceeds to determine whether to issue the same or not. Meanwhile. (b)The contractor or subcontractor has substantial capital or investment. Brillantes. and for this purpose employs its own workers. work or service for a principal. And while a job contractor or subcontractor does not need authority from the DOLE to undertake a subcontracted job or service. and social and welfare benefits. Among the powers are the power to: Issue Compliance 4 . of course. The principal and the contractor or subcontractor will be solidarily treated as the employer. of Labor to compel employer to comply with labor standards upon finding of violations discovered in the course of the exercise of the visitorial power. It shall take effect after 15 days from the its complete publication in at least one newspaper of general circulation in the region. namely: (a) The concept of wage distortion assumes an existing grouping or classification of employees which establishes distinctions among such employees on some relevant or legitimate basis. representations made by the contractor or subcontractor to the employees will bind the principal. the laborer was able. other causes of wage distortions. If there is no work performed by the employee there can be no wage or pay unless. In other words. supplied or placed by such contractor or subcontractors are performing activities directly related to the main business of the principal. EFFECTS OF A LABOR-ONLY CONTRACTING ARRANGEMENT a. There are. however. and ( c) The agreement between the principal and the contractor or subcontractor assures the contractual employees entitlement to all occupational safety and health standards. like the merger of two companies (with differing classifications of employees and different wage rates) where the surviving company absorbs all the employees of the dissolved corporation. Contracting or subcontracting shall be legitimate if the following conditions concur: ( a)The contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job. the gap which had previously or historically existed be restored in precisely the same amount. This classification is reflected in a differing wage rate for each of the existing classes of employees. Labor-only contracting is different from job contracting since the former is illegal and prohibited while the latter is legal and allowed. ENFORCEMENT POWER OF THE SECRETARY OF LABOR Power of the Sec. The principal will become the employer as if it directly employed the workers engaged to undertake the contracted or subcontracted job or service. d. as the case may be. and ( b) The employees recruited. work or service on its own account and under its own responsibility. work or service under its own account and responsibility. the agent of his contractor. It will be responsible to them for all their entitlements and benefits under the labor laws. A FAIR DAY’S WAGE FOR A FAIR DAY’S LABOR The age-old rule governing the relation between labor and capital. there is labor-only contracting where the contractor or subcontractor merely recruits. (b) Wage distortions have often been the result of government-decreed increases in minimum wages. The employees will become employees of the principal. c. a PRPA needs an authority or license from DOLE to legally undertake recruitment and placement activities. subject to the classifications of employees under Article 28 of the Labor Code. It simply recruits workers for the purpose of placing them with another employer so that the workers recruited will not become the PRPA's employees. correction of a wage distortion may be done by reestablishing a substantial or significant gap (as distinguished from the historical gap) between the wage rates of the differing classes of employees. WAGE DISTORTION The Court summarizes the principles relating to wage distortion. If the labor-only contracting activity is undertaken by a legitimate labor organization. in the rectification of that distortion by readjustment of the wage rates of the differing classes of employees. a private recruitment or placement agency cannot be a subcontractor. pursuant to Article 239 (e). suspended or dismissed. free exercise of the right to self organization. there is no legal requirement that. The reestablishment of a significant difference in wage rates may be the result of resort to grievance procedures or collective negotiations (National Federation of Labor vs. and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof. (c) Should a wage distortion exist. supplies or places workers to perform a job.contracting or subcontracting but a direct employer-employee relationship between the principal and the employees and the job contractor becomes merely the agent of the principal or the subcontractor. The contractor or subcontractor will be treated as the agent of the principal. or otherwise illegally prevented from working (Caltex Refinery Employees Association [CREA] vs.
those cases that workers may file involving wages. May 7. moral.” CBA INCREASE VIS-À-VIS WAGE ORDER-MANDATED INCREASE Having entered into an agreement with its employees. 5 . 81144. 1990). involving an amount exceeding P5. 3.Orders. Coverage: All rank-and-file employees regardless of their designation or employment status and irrespective of the method by which their wages are paid. exemplary and other forms of DAMAGES arising from employer-employee relations. rates of pay. and conduct hearings within 24 hours. MONETARY CLAIMS OF OVERSEAS CONTRACT WORKERS under the Migrant Workers Act of 1995. Except claims for Employees Compensation.00 regardless of whether accompanies with a claim for reinstatement. 851 which is equivalent to 1/12 of the total basic salary earned by an employee within a calendar year. order Work Stoppage/Suspension of Operations. and 7. 24. (Meycauayan College vs. are entitled to this benefit. provided. Free rice. an employer may not be allowed to renege on its obligation under a collective bargaining agreement should. discharge. 2. et al. electricity cash and stock dividends. May be given anytime but not later than Dec. to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated. vs. 8. 000.R. or it should have categorically expressed so. PROPORTIONATE 13th MONTH PAY An employee who has resigned or whose services were terminated at anytime before the time of payment of the 13th month pay is entitled to 13 th month pay in proportion to the length of time he worked during the year. It must always be in the form of legal tender. bar or other similar establishment. including questions involving the legality of strikes and lockouts. Difference of opinion on how to compute the 13th month pay does not justify a strike. NLRC and MC Mamuyac) PART III: LABOR RELATIONS JURISDICTION LABOR ARBITERS Original and exclusive jurisdiction to hear and decide. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. 4. 6. ULP cases. with or without compensation in any nightclub. 13th MONTH PAY Additional income based on wage required by P. Note: 13th Month Pay is tax exempt. is reflected in the whole text and supported by Article 135 that speaks of nondiscrimination on the employment of women. reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. within 30 calendar days: 1. Drilon. COLA are NOT proper substitutes for the 13th month pay. that they have worked for at least one (1) month during the calendar year. No. to actually dismiss. Claims for actual. Social Security. including those of persons in domestic or household service. STIPULATION AGAINST MARRIAGE (ART. ALL OTHER CLAIMS ARISING FROM EMPLOYER-EMPLOYEE RELATIONS. under the effective control and supervision of the employer for a substantial period of time as determined by the Secretary of Labor shall be considered as an employee of such establishment for purposes of labor and social legislation . The sweeping intendment of the law. (International School of Speech vs. issue Writs of Execution for the enforcement of orders. 138. (Claudine de Castro Zialcita. Article 136 is not intended to apply only to women employed in ordinary occupations. If accompanied WITH A CLAIM FOR REINSTATEMENT. TERMINATION disputes. Employee benefits derived from law are exclusive of benefits arrived at through negotiation and agreement unless otherwise provided by the agreement itself or by law. CASES ARISING FROM ANY VIOLATION OF ART 264 of this Code. be it on special or ordinary occupations. Medicare and maternity benefits. 5.D. 136) It shall be unlawful for an employer: to require as a condition for employment or continuation of employment that a woman employee shall not get married. CLASSIFICATION OF CERTAIN WOMEN WORKERS Under Art. G. cocktail lounge. at the same time. the law grant the employees the same or better terms and conditions of employment. massage clinic. hours of work and other terms and conditions of employment. “Any woman who is permitted or suffered to work. PAL). Claims of employees against GOCC’S WITHOUT ORIGINAL CHARTER and has been incorporated under the Corporation Code.
VOLUNTARY ARBITRATORS. Interpretation and implementation of CBA b. Administer voluntary arbitration program Provide counseling and preventive mediation assistance monitor and exercise technical supervision over Board programs implemented in the regional offices. or run-off election or from the date of voluntary recognition 3. etc. Interpretation and enforcement of company personnel policies 2.(NOTE: Although the provision speaks of EXCLUSIVE AND ORIGINAL JURISDICTION OF labor arbiters.00 BUREAU OF LABOR RELATIONS Original and exclusive INTRA. INJUNCTION CASES under Art. Cases certified to it for compulsory arbitration by the Secretary of Labor under Art. and decide representation cases 2. pertaining to the promotion of cooperative and non-adversarial schemes.union conflicts all DISPUTES. While a valid and registered CBA of a fixed duration is subsisting.union conflicts INTER.) Functions: Formulate policies. Other labor disputes by agreement of the parties MED-ARBITER 1. Perform preventive mediation and conciliation functions Coordinate and maintain linkages with other sectors or institutions concerned with matters relative to the prevention and settlement of labor disputes. A petition for certification election cannot be entertained if. Hear. Unresolved grievances from the Grievance machinery: a. a bargaining deadlock to which an incumbent or certified bargaining agent is a party. had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. GRIEVANCE MACHINERY 1. consent. 2. before the filing of the petition for certification election. 263 – CERTIFIED CASES. the cases enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties under Art. under Rule 43 of the Revised Rules of Court. Unresolved grievances arising from the interpretation and implementation of productivity incentive programs. Interpretation and implementation of CBA 2. Deadlock bar rule. AND 3.) NLRC DIVISION Original and exclusive: 1.000. mediation and voluntary arbitration functions of the BLR. voluntary arbitration and other voluntary modes of dispute settlement. and Cases DECIDED BY THE REGIONAL OFFICES OF DOLE IN THE EXERCISE OF ITS ADJUDICATORY FUNCTION under Art 129 of the Labor Code over monetary claims of workers amounting to not more that P5. (Note: The parties may however. Assist in the disposition of intra or inter-union disputes. PROHIBITIONS ON CERTIFICATION ELECTIONS 1. etc. Wage distortion issues arising from the application of any wage orders in organized establishments 3. CONTEMPT CASES Exclusive appellate: Cases DECIDED BY LABOR ARBITERS under Art 217b of the Labor Code and Sec 10 RA 8012(Migrant Workers Act). Perform such other functions as may be provided by law or assigned by the Secretary of Labor. Contract bar rule. 262 . 2. by agreement. the BLR is not allowed to hold an election contesting the majority status of the incumbent union during the five year term of the CBA except during the sixty day period immediately prior to the expiration of the CBA. grievance handling. No petition for certification election may be filed within one year from the date of a valid certification. conciliate.) NATIONAL CONCILIATION AND MEDIATION BOARD (Absorbed the conciliation. 6 . 218 and 264. GRIEVANCES OR PROBLEMS ARISING FROM OR AFFECTING LABOR MANAGEMENT RELATIONS IN ALL WORKPLACES WHETHER AGRICULTURAL OR NON-AGRICULTURAL. settle their differences by submitting their case to a voluntary arbitrator rather than taking the case to the BLR. One-year bar rule (Certification year bar). Interpretation and enforcement of company personnel policies VOLUNTARY ARBITRATOR 1. Formulate policies. The law prefers voluntary over compulsory arbitration. 4. APPEAL OF DECISION Appeals from decisions of voluntary arbitrators may be filed with the Court of Appeals. pertaining to effective mediation and conciliation of labor disputes.
and labor laws. as the case may be. The list of ratifying members shall be dispensed with where the constitution and by-laws was ratified or adopted during the organizational meeting. and the list of the members who participated in it. To engage in lawful concerted activities for the same purpose. To form. Application for registration 2. d.for their mutual aid and protection.the right of the members: a. to vote on special assessment. to vote on officers compensation. the name of its officers and their respective addresses. when the employer filed the unfair labor charge against the union or its members (Barrera v CIR 107 SCRA 596) 3. Rights Over Money Matters . to access financial records.the right to participate in deliberations on major policy questions and decide them by secret ballot. against imposition of excessive fees. e. which must be accompanied with the requirements for registration of a labor registration. g. A prescribed registration fee must be paid before the issuance of the certificate of registration REQUIREMENTS BEFORE A FEDERATION CAN BE ISSUED A CERTIFICATE OF REGISTRATION Aside from the application. the minutes of the organizational meeting(s) and the list of employees who participated in the said meeting(s). to require adequate records of income and expenses. subject to lawful provisions on qualifications and disqualifications. f. the application should also be accompanied by the following: 7 .the right to be informed about: the organization’s constitution and by-laws. Attachments name of the applicant labor union. before the filing of the petition for certification election. the duly recognized or certified union has commenced negotiations with the employer in accordance with Art. MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS Registration with the BLR (Independent Union) Affiliation with a legitimate labor federation REGISTRATION REQUIREMENTS FOR LABOR ORGANIZATIONS (as amended by DO 40-03)] 1.4. Deliberative and Decision-Making Right . the name of all its members comprising at least 20% of the employees in the bargaining unit. despite the petition for the cancellation of union registration (Association of Court of Appeals Employees v Ferrer-Calleja 203 SCRA 596) 2. the applicant’s constitution and by-laws. c. The attachments must now be in one(1) original copy and two (2) duplicate copies which shall accompany the application or notice. the collective bargaining agreement. when the certification election sought to be stopped by the union is fait accompli since the employees have articulated their choice as to who shall be their collective bargaining agent (TUPAS-WFTU v Laguesma 233 SCRA 565) EXTENT OF THE RIGHT TO SELF-ORGANIZATION 1. INSTANCES WHEN CERTIFICATION ELECTIONS ARE NOT SUSPENDED 1. and submitted to the Regional Office or the Bureau. join and assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and 2. Negotiation bar rule.the right to vote and be voted for. its principal address. and attested by its president. to be deducted a special assessment only with the member’s written authorization. A petition for certification election cannot be entertained if. when the complaining union is willing to undergo the risk of employer interference in a certification despite its charge that the other participating labor unions are being aided or controlled by the company (The Standard Cigarette Workers’ Union [PLUM] v CIR 101 Phil 126) 4. minutes of its adoption or ratification. with a statement that it is not reported as a chartered local of any federation or national union. In such a case. RIGHTS OF UNION MEMBERS Political right . 250 of the Labor Code. the factual circumstances of the ratification shall be recorded in the minutes of the organizational meeting(s). Right to Information . b. right against unauthorized collection of contributions or unauthorized disbursements. the annual financial reports if the applicant has been in existence for one or more years. approximate number of employees in the bargaining unit where it seeks to operate. in which case a statement to this effect shall be included in the application. (These are called reportorial requirements) The application for registration of labor unions xxx. unless it has not collected any amount from the members. shall be certified under oath by its Secretary or Treasurer.
b. but shall be processed by the bureau. for the duration of the agreement. remain a member of the union in good standing as a condition for continued employment. ULP TEST OF INTERFERENCE OR COERCION Whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of the employees' right and it is not necessary that there be direct evidence that any employee was in fact intimidated or coerced by the statements of threats or the employer if there is a reasonable interference that the antiunion conduct of the employer does have an adverse effect of self-organization and collective bargaining. Proof of affiliation of at least 10 locals or chapters. Applications for registration of federations. but should be read in the light of the preceding and subsequent circumstances surrounding. within a specific period. et al. UNION SHOP AGREEMENT -stipulation whereby any person can be employed by the employer but once employed such employee must. promotion or filing vacancies and retention in case of lay-off. It shall be processed by the Labor Relations Division at the Regional office. 2. members of the rival union are not covered by such arrangement. Employer submits its proposals and adopts a take it or leave it stand. WHERE TO FILE APPLICATION FOR REGISTRATION 1. 2004) BOULWARISM It occurs when: a. become a member of the contracting union and remain as such in good standing for continued employment for the duration of the CBA [take note of the exceptions in the preceding number.” whereby the culpability of an employer’s remarks were to be evaluated not only on the basis of their implicit implications. chartered locals. Elizalde Rope Workers). DIFFERENT KINDS OF UNION SECURITY ARRANGEMENTS (EXCEPTIONS TO ULP ON INTERFERENCE ON THE EMPLOYEES’ EXERCISE OF THEIR RIGHT TO SELF-ORGANIZATION) CLOSED-SHOP AGREEMENT .1. should not be considered by themselves alone. SURFACE BARGAINING It is defined as “going through the motions of negotiating” without any legal intent to reach an agreement. national unions or workers’ associations operating in more than one region shall be filed with the bureau or the regional offices. June 16. Ltd. exhibits A and B. Ltd. each of which must be a duly recognized sole and exclusive collective bargaining agent in the establishment or industry in which it operates. Confesor. 8 . Employees Association-ATU.the employer undertakes not to employ any individual who is not a member of the contracting union and the said individual once employed must. The letter should be interpreted according to the “totality of conduct doctrine. For registration of independent labor unions. This is not negotiation because the take it or leave it stand implies threat. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. supporting the registration of such applicant federation or national union.. TOTALITY OF CONDUCT DOCTRINE “The letter. The Insular Life Assurance Co. employees belonging to any religious sect which prohibit affiliation of their members with any labor organization are not covered by such agreement—The free exercise of religious belief is superior to contract rights (Victoriano vs.has no requirement for the employee to remain as member of the contracting union in good standing as a condition for continued employment. 2. but were to be appraised against the background of and in conjunction with collateral circumstances” (The Insular Life Assurance Co. The employer has the right to hire from the open market if union members are not available. SEMI-CLOSED SHOP AGREEMENT .] MAINTENANCE OF MEMBERSHIP CLAUSE . (Standard Chartered bank Employees Union vs. vs.). b. worker’s associations shall be filed with the Regional office where the applicant principally operates.the agreement DOES NOT require non-members to join the contracting union BUT provides that those who are members thereof at the time of the execution of the CBA and those who may thereafter on their own volition become members must for the duration of the agreement maintain their membership in good standing as a condition for continued employment in the company for the duration of the CBA. does not have any retroactivity apply only to new hires EXCEPTIONS: a. the employer directly bargains with the employee disregarding the union.. PREFERENTIAL SHOP AGREEMENT – an agreement whereby the employer merely agrees to give preference to the members of the bargaining union in hiring..
2. In the absence of a CBA. the Court rules herein that CBA arbitral awards granted after six months from the expiration of the last CBA shall retroact to such time agreed upon by both employer and the employees or their union. the effectivity depends on the agreement of the parties. • Employee members of another/rival union are not considered free riders since when the union [agent] bids to be the bargaining agent. the Secretary's determination of the date of retroactivity as part of his discretionary powers over arbitral awards shall control (MERALCO v. and c. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. (Kiok Loy vs. In general. the same lasts for 5 years With respect to other provisions [economic provisions]. JURISDICTIONAL PRECONDITIONS 1. Absent such an agreement as to retroactivity. 127598. This is directed against “FREE RIDER” employees who benefit from union activities without contributing support to the union. the same may last for a maximum period of 3 years after the execution of the CBA RETROACTIVITY OF CBA BENEFITS Labor laws are silent as to when an arbitral award in a labor dispute where the Secretary had assumed jurisdiction by virtue of Article 263 (g) of the Labor Code shall retroact. wages. for purposes of collective bargaining CERTIFICATION vs.AGENCY SHOP AGREEMENT . and 3. b.an agreement whereby employees must either join the union or pay to the union as exclusive bargaining agent a sum equal to that paid by the members. CERTIFICATION ELECTIONS FOUR FACTORS IN DETERMINING THE APPROPRIATE BARGAINING UNIT: the EXPRESS WILL OR DESIRE of the employees (Globe Doctrine). temporary b. Despite the silence of the law. seasonal. proof of MAJORITY REPRESENTATION (Certification of the BLR that the representative of the employees in the sole and exclusive bargaining agent having won in a certification election). On the other hand. Quisumbing.a separate and distinct process and has nothing to do with the import and effect of a certification election 9 . The relevance of the wishes of the employees concerning their inclusion or exclusion from a proposed bargaining unit is inherent in the basic right to self organization the SUBSTANTIAL AND MUTUALITY INTEREST factor. the award shall retroact to the first day after the six-month period following the expiration of the last day of the CBA should there be one. a CBA negotiated within six months after the expiration of the existing CBA retroacts to the day immediately following such date and if agreed thereafter. POSSESSION OF THE STATUS OF MAJORITY representation by the employees’ representative in accordance with any of the means of selection or designation provided for by the Labor Code. including mandatory provisions for grievances and arbitration machineries. such as a. NLRC) DURATION OF THE CBA: With respect to the representation aspect. it voluntarily assumed the responsibility of representing all the employees in the appropriate bargaining unit. and EMPLOYMENT STATUS. No. and c. probationary employee CERTIFICATION ELECTION The process of determining by secret ballot the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit. CONSENT ELECTION CERTIFICATION ELECTION A.R. to prevent a situation of non-union members enriching themselves at the expense of union members. 2000). prior collective bargaining HISTORY. G. the law is silent as to the retroactivity of a CBA arbitral award or that granted not by virtue of the mutual agreement of the parties but by intervention of the government. hours of work. NATURE . the desires of all the employees are relevant to the determination of the appropriate bargaining unit. all other terms and conditions of employment in a bargaining unit. February 22. COLLECTIVE BARGAINING COLLECTIVE BARGAINING AGREEMENT (CBA) A negotiated contract between a legitimate labor organization and the employer concerning: a.separate and distinct from a consent election CONSENT ELECTION .
to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit mainly for the purpose of determining the administrator of the CBA when the contracting union suffered massive disaffiliation but not for the purpose of determining the bargaining agent for purposes of collective bargaining. IT IS NO LONGER ALLOWED. even if the directive to return to work is not expressly stated in the assumption order. The Secretary of Labor and Employment may seek the assistance of law enforcement agencies to ensure compliance with this provision as well as he may issue to enforce the same. Under Art.” OF THE SECRETARY.A strike may be legal at its inception but eventually be declared illegal if the strike is accompanied by violence which violence is widespread. Luke’s Medical Center vs. no strike or lockout shall be declared after the assumption of jurisdiction by the Secretary. DIRECT CERTIFICATION The process whereby the Med-Arbiter directly certifies a labor organization of an appropriate bargaining unit of a company after a showing that such petition is supported by at least a majority of the employees in the bargaining unit. RUN-OFF ELECTIONS RE – RUN ELECTION Held in two instances: if one choice receives a plurality of vote and the remaining choices results in a tie. In this situation. (EO 111) VOLUNTARY RECOGNITION The process whereby the employer recognizes a labor organization as the exclusive bargaining representative of the employees in the appropriate bargaining unit after a showing that the labor organization is supported by at least a majority of the employees in the bargaining unit. In both instances. Those union members who joined an illegal strike but have not committed any illegal act shall be reinstated but without any backwages. Means employed test . such assumption shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption order. pervasive and adopted as a matter of policy and not merely violence which is sporadic which normally occur in a strike area. an election is conducted between the union choices receiving the largest and the second largest number of the valid votes cast. The three tests must concur. 264 of the Labor Code.B. of Labor is plenary and discretionary. PURPOSE . Purpose Test (bargaining deadlock and/or unfair labor practice) Compliance with Procedural and substantive requirements of law notice of strike 30/15-day cooling-off period strike vote 7 – day strike ban 3. “ASSUMPTION ORDER. Torres. RE-RUN VS. If one had already taken place at the time of assumption. STRIKERS WHO ARE NOT ENTITLED TO REINSTATEMENT Union officers who knowingly participate in an illegal strike. the NO UNION is also a choice RUN – OFF ELECTION Conducted when none of the choices. receives a majority of the valid vote cast. including the choice of No Union. (St. and any striker/union member who knowingly participates in the commission of illegal acts during the strike. 29 June 1993 TESTS IN DETERMINING THE LEGALITY OF A STRIKE 1. all striking or lockout employees shall immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lockout. Power of Sec. 263(g) of the Labor Code. if all choices received the same number of votes. ITS LEGAL IMPLICATIONS Under Art. 10 . This presupposes no less than three competing choices. .to determine the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining. The mere issuance of an assumption order by the Secretary of Labor automatically carries with it a return to work order. Those who violate the foregoing shall be subject to disciplinary action or even criminal prosecution. Non-compliance with any of the aforementioned requisites renders the strike illegal.
be readmitted to work. persons who exercise managerial functions in the field of labor relations.are work stoppages of workers of one company to exert pressure on their employer so that the latter will in turn bring pressure upon the employer of another company with whom another union has a labor dispute. “WELGA NG BAYAN” ILLEGAL because it is a political strike and therefore there is neither a bargaining deadlock nor any ULP. ILLEGAL . SECURITY OF TENURE The constitutional right granted the employee. the High Tribunal stated in no uncertain terms that “by staging a strike after the assumption of jurisdiction or certification for arbitration. vote. and report on strike vote. NLRC. G. or assist unions if they assist in a confidential capacity or have access to the confidential matters of persons who exercise managerial functions in the field of labor relations.” CONFIDENTIAL EMPLOYEES Confidential employees who are ALSO rank and file employees cannot form. It is a political rally.are work stoppages of workers of one company to make common cause with other strikers of other companies.. SYMPATHETIC STRIKES. B. to be used only for official tour of duty and not for personal use. By the very nature of their functions. vs. Facilities should not be included in the computation of backwages for the reason that such are given free. or whose differences with their employer are of such nature or degree as to preclude reinstatement (Maranaw Hotels vs. 88957. having abandoned their employment. unfair labor practices (POLITICAL) ILLEGAL STRIKES A. the latter might not be assured of their loyalty to the Union in view of evident conflict of interests. STRAINED RELATIONS PRINCIPLE The rule is that “strained relations” may be invoked only against employees whose positions demand trust and confidence. 11 . June 25. the rationale for the ineligibility of managerial employees to form.month pay mandated by the law (Paramount Vinyl Product Corporation vs. CA. who having access to confidential information.because there is no labor dispute involved. and/or 2. 143013-14. radio and telegraph operators. COMPUTATION OF BACKWAGES Backwages shall cover the period from the date of dismissal of the employee up to the date of actual reinstatement. C. E.R.is a work stoppage that violates the labor contract and is not authorized by the union. to wit: notice of strike. ILLEGAL. CA). ILLEGAL.It is not valid because it fails to comply with certain requirements of the law. assist or join a labor union equally applies to them. ITS IMPLICATIONS In the case of Telefunken Semiconductors Employees Union FFW v. This is especially true in the present case where the petitioning Union is already the bargaining agent of the rank-and-file employees in the establishment. or be affiliated with a Union. ILLEGAL. In Bulletin Publishing Co. NLRC) . service incentive leave and sick leave.DEFIANCE OF RETURN TO WORK ORDER IN A STRIKE CASE WHICH IS UNDER ASSUMPTION OF JURISDICTION.amounts to a criminal act because the employees trespass on the premises of the employer. Augusta Sanchez.is characterized by a temporary work stoppage of workers who thereupon seize or occupy property of the employer or refuse to vacate the premises of the employer. In Marcopper Mining Corp.R. v. or have access to confidential matters of. As such. Brillantes (254 SCRA 595). Said employee(s) may act as a spy (ies) of either party to a collective bargaining agreement. transportation allowances. SIT-DOWN STRIKE . To allow confidential employees to join the existing Union of the rank-and file would be in violation of the terms of the Collective Bargaining Agreement wherein this kind of employees by the nature of their functions/positions are expressly excluded. but also the regular allowances that he had been receiving such as the emergency living allowances and the 13th. (Philips vs. if the managerial employees would belong to. 1992). D. may become the source of undue advantage. The Union can also become company-dominated with the presence of managerial employees in Union membership. 2000. the Supreme Court held that the strike of the Union cannot be viewed as anything but illegal for having been staged in open and knowing defiance of the assumption and return-to-work orders. vacation." This also holds true for confidential employees such as accounting personnel. that the employer shall not terminate the services of an employee except for just cause or when authorized by law.144 SCRA 628  the Court elaborated on the rationale for such inhibition in that. GROUNDS FOR THE DECLARATION OF STRIKE deadlock in collective bargaining (ECONOMIC). without demands or grievances of their own against the employer. G. WILDCAT STRIKE.because there is no labor dispute between the workers who are joining the strikers and the latter’s employer. The base figure to be used in the computation of backwages due to the employee should include not just the basic salary. workers forfeited their right to. SECONDARY STRIKES. Hon. December 18. they assist and act in a confidential capacity to. join. No. The necessary consequence thereof are also detailed by the Supreme Court in its various rulings. and so could be validly replaced. No. Inc.
5. 12 . (Dept. closing or CESSATION OF OPERATION of the establishment or undertaking UNLESS the closing is for the purpose of circumventing the provisions of the Labor Code. the time needed to learn the job.the employee shall be admitted back to work PAYROLL REINSTATEMENT. 4353. 2. 5.one wherein an employee is engaged to work on a specific project or undertaking which is usually necessary or desirable in the usual business or trade of the employer. a dereliction of duty. Serious MISCONDUCT OR WILLFUL DISOBEDIENCE by the employee of the lawful orders of his employer or representative in connection with his work. 4. and • Conviction or prosecution is not required. installation of labor-saving devices (AUTOMATION) 2. Gross and habitual NEGLECT by the employee of his duties. SEASONAL EMPLOYMENT . 48494) EFFECT IF PROBATIONARY EMPLOYEE IS ALLOWED TO WORK BEYOND 6 MONTHS If the probationary employee is allowed to work beyond the period of 6 months or the agreed probationary period. (c) retrenchment would effectively prevent the expected and additional losses. Requirements: (a) substantial losses which are not merely de minimis in extent. It should be shown that the period was voluntarily agreed upon by the parties.R. 3. Zamora. i . This is the substance of the ruling in Brent School Inc vs. (b) imminence of such substantial losses. PROJECT EMPLOYMENT. LEGALITY Employment that will last only for a definite period. ACTUAL OR PHYSICAL REINSTATEMENT. (Nadura v. Under the Labor Code. RETRENCHMENT to prevent losses (there is excess of employees and employer wants to prevent financial losses). G. No.the employee is merely reinstated in the payroll. said employee becomes a regular employee by operation of law. NLRC) 3. vs. Sec. L-17780) AUTHORIZED CAUSES OF TERMINATION BY THE EMPLOYER 1. No. KINDS OF EMPLOYMENT 1. 3. • Misconduct. TEMPORARY EMPLOYMENT OR EMPLOYMENT FOR A FIXED SPECIFIC PERIOD . of Labor Manual.e. is not illegal per se or against public policy even if this kind of employment is not mentioned in Art. Other causes ANALOGOUS to the foregoing. 1. 2. of Labor Manual.transgression of some established and definite rule of action. as agreed by the parties.) JUST CAUSES FOR DISMISSAL 1.one wherein an employee is engaged to work during a particular season on an activity that is usually necessary or desirable in the usual business or trade of 6. PROBATIONARY EMPLOYMENT – Shall not exceed 6 months unless covered by an apprenticeship agreement stipulating a longer period. Inc. “an employee who is allowed to work after a probationary period shall be considered a regular employee. (Dept. CASUAL EMPLOYMENT – one wherein an employee is engaged to perform activities which are not necessary or desirable in the usual trade or business of the employer.REINSTATEMENT Restoration of the employee to the state from which he has been unjustly removed or separated without loss of seniority rights and other privileges. the completion of which has been determined at the time of the engagement of the employee. 4.01 ) 4. FIXED PERIOD EMPLOYMENT. for purposes of the Labor Code. G.employment is fixed for a specific project or undertaking the completion of which has been determined at the time of the engagement of the employee. 281. It is the period during which the employer may determine if the employee is qualified for possible inclusion in the regular force.. Benguet Consolidated. It can refer to fixed-term employment contracts or those to which the parties by free choice have assigned a specific date for termination. and implies wrongful intent and not mere error in judgment. 4353. • A cause must be due to the voluntary or willful act or omission of the employee. REDUNDANCY (superfluity in the performance of a particular work) • redundancy. Sec.one wherein an employee is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise.” (Art. Commission of a CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS EMPLOYER or any immediate member of his family or his duly authorized representative. Such period is needed to determine the fitness for the job . a forbidden act.R. Such may be justified under the Civil Code.01) 2. REGULAR EMPLOYMENT . 280 of the Labor Code. (Wishire File Co. (d) the alleged losses and expected losses must be proven by sufficient and convincing evidence. willful in character. FRAUD OR WILLFUL BREACH by the employee of the trust reposed in him by his employer or duly organized representative • Fraud must be committed against the employer or his representative and in connection with the employee’s work.
Inhuman and UNBEARABLE TREATMENT accorded the employee by the employer or his representative.dismissal is valid and employer will not suffer any liability. Compulsory upon all employees not over 60 years of age and their employers 2. Partners and single proprietors b. the dismissal is legal but the employee is entitled to damages by way of indemnification for the violation of the right. In case of domestic helpers. Sanctions must be imposed on the employer. Compulsory upon such self. must be stiffer than that imposed in Wenphil. trainers. may be covered by the SSS on a voluntary basis. RETROACTIVE EFFECT The said law intends to give the minimum retirement benefits to employees not entitled thereto under collective bargaining and other agreements. 2001). Actors and actresses directors. which. the employee is entitled to backwages from the time he was dismissed until the determination of the justness of the cause of the dismissal. Individual farmers and fishermen e. his dismissal becomes ineffectual. Such sanctions. It applies to employees in the employee of employers at the time the law took effect and who are eligible to benefits under that statute (MLQU vs. 141673. their monthly income should not be less than one thousand pesos 3. by their nature. The sanctions. may be given retroactive effect. It has a retroactive effect to include in its coverage the employees’ services to an employer rendered prior to its effectivity. The said law is a curative social legislation. unless it will impair vested rights.An employee may put an end to establish WITHOUT SERVING ANY NOTICE on the employer for any of the following just causes: 1. No. November 17.dismissal is illegal. 2. G. SERIOUS INSULT by the employer or his representative on the hour and person of the employee.employed persons as may be determined by the Commission including but not limited to the following (Sec 9-A): All self employed professionals a. Spouses who devote full time to managing the household and family affairs. coaches. abandoned the Wenphil doctrine and ruled that if the employee is dismissed under just or authorized cause but the affected employee’s right to due process has been violated. (1)If dismissal is for a just/authorized cause and due process was observed. NLRC. however must be stiffer than that imposed in Wenphil. scriptwriters and news correspondents who do not fall within the definition of the term employee in Section 8 (d) of this Act c. 279 regarding reinstatement and backwages. However. PART FOUR: SPECIAL LAWS SSS. DISEASE a. (2)If dismissal is without just/authorized cause but due process was observed – dismissal is illegal. 3. DISMISSAL. Under the WENPHIL DOCTRINE. NLRC abandoned the Serrano doctrine and REINSTATED THE WENPHIL DOCTRINE. and 4. the disease is incurable within 6 months and the continued employment of the employee is prohibited by law or prejudicial to his health as well as to the health of his co-employees b. 7641. and jockeys d. Its coverage applies to establishments with existing collective bargaining. Commission of a CRIME OR OFFENSE by the employer or his representative against the person of the employee or any of the immediate members of his family. Voluntary: 1. The most recent case of AGABON vs. 2.5. apply Art.R. ISETANN et. October 17. or other agreements or voluntary retirement plans whose benefits are less than those prescribed under the proviso in question. REPUBLIC ACT NO. apply Art 279 regarding reinstatement and backwages. Professional athletes. al. TERMINATION BY EMPLOYEE WITHOUT JUST CAUSE. PRESENCE OF JUST/AUTHORIZED CAUSE AND DUE PROCESS Four possible situations under Agabon vs. 4. WITH JUST CAUSE . APPLICATION TO EMPLOYEES COVERED WITH A VALID RETIREMENT PLAN. (4) Dismissal is for just/authorized cause but due process was not observed – Dismissal is valid. Therefore. SERRANO vs. 2004: 1. 3.by serving a WRITTEN NOTICE on the employer at least one month in advance. 13 . COVERAGE: Compulsory: 1. if the services of the employee was terminated due to a just or authorized cause but the affected employee’s right to due process has been violated. NLRC. with a certification from public heath officer that the disease is incurable within 6 months despite due medication and treatment. unless they are also engaged in other vocation or employment which is subject to mandatory coverage. (3)If dismissal is without just/authorized cause and without due process. Other causes ANALOGOUS to any of the foregoing. The employer upon whom no such notice was served may hold the employee liable for damages.
while in leasehold tenancy. Special Thanks to: Atty. EXCEPT FOR THE MEMBERS OF THE JUDICIARY AND CONSTITUTIONAL COMMISSIONS WHO SHALL HAVE LIFE INSURANCE ONLY. he only has the mere obligation to pay the rental. 4. 4. However. All alienable and disposable lands of the public domain devoted to or suitable for agriculture. In leasehold tenancy. legal and respects the child’s right to health and education is not child labor.2. separation and unemployment benefits (Sec. Self-employed: It shall take effect upon his registration with SSS GSIS. the lessee gets the whole harvest. 3. or exploitative. Employer: It shall take effect on the first day of his operation 2. giving the owner the share of the property. the tenant has physical possession of another’s land for the purpose of cultivating it. Lorenzo 14 . the lessee pays the landowner a fixed rent for the use and cultivation of the land. international organization. or that interferes with normal development. the lessee always shoulders all items of production except the land. or from 15 to below 18 years. EFFECTIVE DATE OF COVERAGE UNDER THE SSS 1. or unsupervised by the child’s parent or guardian. RA 8282). not all children who work are engaged in child labor. CARL) DISTINCTIONS BETWEEN SHARE TENANCY AND LEASEHOLD TENANCY. Employee: On the day of his employment 3. or their wholly-owned instrumentality employing workers in the Philippines. (Sec. irrespective of employment status. RA 8291) CARL. survivorship. In share tenancy. Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis Employees separated from employment may continue to pay contributions to maintain his right to full benefits (Sec. the lessee is the sole manager. retirement and all other social security protection such as disability. COVERAGE: Regardless of tenurial agreement and commodity produced. 11) Self-employed with no income (11-A) By Agreement: Any foreign government. 4. J. CHILD LABOR Child laborers are persons aged below 15. the tenant and landholder are co-managers of the farm holding. the tenant and the landholder divide the harvest in proportion to their contributions. In share tenancy. or deprives that child’s right to health and education. while in leasehold tenancy. 3. Specifically: 1. 3. In share tenancy. COMPULSORY MEMBERSHIP Compulsory for all employees (as defined in Section 2 (d) of GSIS Law) receiving compensation who have not reached the compulsory retirement age. Oswald B. subject to the condition that they must settle first their financial obligations with the GSIS and contractuals who have no employer and employee relationship with the agencies they serve. In share tenancy. Light work that is occasional. including other lands of the public domain suitable for agriculture. Work performed by any person below 15 years of age is not considered child labor if it falls under allowable situations under Republic Act No. All lands owned by the Government devoted to or suitable for agriculture. all members of the GSIS shall have life insurance. performing work or service that is hazardous or deleterious in nature. may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems (Sec. while in leasehold tenancy. all public and private agricultural lands as provided in Proc. EXCEPT MEMBERS OF THE ARMED FORCES AND THE PNP. 131 and EO 229. No. 7658.8 (j (4). All private lands devoted to or suitable for agriculture regardless of agricultural products raised or that can be raised theron. All lands of the public domain in excess to the specified limits as determined by Congress. the tenant has the option to shoulder any other items of production such as farm implements. 2.
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