Any form of reproduction of this copy is strictly prohibited!!!

statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and conditions and the employment relationship may be negotiated, adjusted and administered. It is divided into labor standards and labor relations.  LABOR STANDARDS - Are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational safety, and health standards.  LABOR RELATIONS LAW - defines the status, rights, and duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives. - The law which seeks to stabilize the relation between employer and employee, to forestall and thresh out their differences through the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation, and arbitration. 7.Right to Participate in Policy & Decision-Making Processes affecting their rights and benefits as may be provided by law 

1. CIVIL CODE: see Arts. 1700, 1701and 1703 2. REVISED PENAL CODE: Art. 289 3. OTHERS: SSS Law, GSIS Law, Agrarian Reform Law, the 13th month pay law, the Magna Carta for Public Health Workers, etc. 

- The raison d’ etre of labor laws is the POLICE POWER of the State  ART 3. DECLARATION OF BASIC

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, age or creed, and regulate the relations between workers and employers. The State shall assure the right of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. 

EMPLOYER - one who employs the
services of others; one for whom employees work and who pays their wages or salaries. 

EMPLOYEE - one who works for an
employer; a person working for salary or wages 

The Labor Code took effect on November 1, 1974 (six months after its promulgation on May 1,1974) 

the Code to the greater number of employees to enable them to avail of the benefits under the law (Abella vs. NLRC). The working man’s welfare should be the primordial consideration. This rule is applicable if there is a doubt as to the meaning of the legal or contractual provision. If the provision is clear and unambiguous, it must be applied in accordance with its express terms. These laws should be interpreted with a view to the fact that they are remedial in nature, they are enacted to better the lot 

1. Right to Organize 2. Right to Conduct Collective Bargaining or Negotiation with Management 3. Right to Engage in Peaceful Concerted Activities including strike in accordance with law 4. Right to Enjoy Security of Tenure 5.Right to Work Under Humane Conditions 6.Right to Receive a Living Wage


LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon


Any form of reproduction of this copy is strictly prohibited!!!

and promote the welfare of the members of the laboring class. Reservation of essential attributes of sovereign power is read into contracts as a postulate of the legal order. Courts adopt a liberal approach that favors the exercise of labor rights. The mandate under Art. 4 is simply to resolve doubt, if any, in favor of labor. If there is no doubt in implementing and interpreting the law, labor will enjoy no built-in advantage and the law will have to be applied as it is. 

ART 6. APPLICABILITY  AGRICULTURAL OR FARM WORKER one employed in an agricultural or farm enterprise and assigned to perform tasks which are directly related to the agricultural activities of the employer, such as cultivation and tillage of the soil, dairying, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any activities performed by a farmer as an incident to or in conjunction with such farming operations. There may be in one employer both agricultural as well as industrial workers. PURPOSE of the provision: intended to encourage workers to seek employment in agricultural enterprises instead of migrating to already overcrowded urban areas to find work in industrial establishments 

C P S T Right to conduct business Right to prescribe rules Right to select employees Right to transfer or discharge employees 


- The LC applies to all workers, whether agricultural or non-agricultural, including employees in a government corporation incorporated under the Corporation Code.

- The lease is one of labor with the agricultural laborer as the lessor of his services and the farm employer as the lessee - The agricultural worker works for the farm employer and for his labor he receives a salary or wage, regardless of whether the employer makes a profit.


Thus, so long as management prerogatives are exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of employees under special law or under valid agreements, it shall be upheld.  ART 5. RULES AND REGULATIONS
- The rules and regulations issued by the DOLE shall become effective 15 days after announcement of their adoption in newspapers of general circulation.

- It is the landowner who is the lessor and the tenant the lessee of agricultural land

- The tenant derives his income from the agricultural produce or harvest

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon

Page 2 of 70

 WORKER -any member of the labor force, whether employed or unemployed  RECRUITMENT AND PLACEMENT - any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not; PROVIDED, that any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. (CEC-TUCP) (RCPA) -The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. The proviso merely creates the presumption.

(Note: not included as per SC Memo) 

ART 7-11
Share tenancy has been abolished placing in its stead leasehold system. Under Art. 8, the land covered by operation land transfer must be private agricultural land, tenanted, primarily devoted to rice and/or corn, and more than seven hectares in are. 5 hectares per landowner and 3 hectares per child provided the child is: 

Present retention limits:

1. Public employment offices 2. Private recruitment entities; private employment agencies 3. Shipping or manning agents or representatives 4. The POEA 5. Construction contractors if authorized by the DOLE and the Construction Industry Authority 6. Members of the diplomatic corps (but hirings must also go thru POEA) 7. Other persons or entities as may be authorized by the DOLE secretary

1. Is at least 15 years of age; and 2. Actually tilling the land or directly managing the farm 

those covered by homestead patents those covered by PD 27 

EMANCIPATION PATENT - is the title issued to the tenant upon compliance with all the requirements of the government. It represents the full emancipation pf the tenant from the bondage of the soil. 

1. Preserve the landholding in the hands of the owner-tiller and his heirs; 2. minimize land speculation; and 3. prevent a return to the regime of land ownership by a few. 

1. Contract Processing – workers hired thru the POEA shall be issued the individual employment contract and such other documents as may be necessary for travel 2. Passport Documentation 3. Visa Arrangement


ART 17. (POEA)
POEA has taken over the functions of the OEDB 

a. All cases which are administrative in character, involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities; and b. Disciplinary action cases and other special cases which are administrative in character,

if the illegal dismissal took place on or after July 15. the employer will be ordered to pay the workers their salaries corresponding to the unexpired portion of their employment contract. the illegally dismissed overseas worker shall be entitled to the full reimbursement of his placement fee with interest at the rate of 12% per annum plus salary for the unexpired portion of his employment contract or for 3 mos.  MINIMUM EMPLOYMENT CONDITIONS OF OVERSEAS EMPLOYMENT: 1.involving employers. Just causes for termination of the contract or of the services of the workers. 3. name hirees – individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation or any agency  RATIONALE OF THE PROHIBITION Filipino workers hired directly by a foreign employer. moral. international organizations. The fact that the employee has signed a satisfaction receipt does not result in waiver. PNR)  ART 18. allowances or allotments to his beneficiaries. 2. stipulating the wages and benefits. (MR Yard Crew Union vs.Where the worker’s employment contract is terminated long before its agreed termination date.The basis for the award of backwages is the parties” employment contract. contracting partners and Filipino Migrant Workers  JURISDICTION TRANSFERRED TO THE LABOR ARBITERS OF THE NLRC : a.  EXCEPTIONS : the members of the diplomatic corps. and Free and adequate board and lodging facilities or compensatory food allowance at prevailing cost of living standards at the jobsite. 6.A. such other employers as may be allowed by the Department of Labor and employment 1. Guaranteed wages for regular working hours and overtime pay for services rendered beyond regular working hours in accordance with the standards established by the Administration Free Transportation from point of hire to site of employment and return. claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. BAN ON DIRECT-HIRING  Direct hiring of Filipino workers by a foreign employer is not allowed. 5. Free emergency medical and dental treatment and facilities. 8042. 1995.  Venue – Money claims or claims for damages should be filed before the Regional Arbitration branch of the NLRC where the complainant resides or where the principal office of the respondent/employer is situated. valid any agreement to receive less compensation than what the worker is entitled to recover. or if this is not possible the possible disposition thereof Assistance on remittance of worker’s salaries. (Tierra Int’l Construction Corp. The foreign employer must also be protected and may chance upon a Filipino worker who do not possess sufficient knowledge for which he is employed. NLRC). exemplary and other forms of damages. vs. and the termination is not shown to be based on lawful or valid grounds. 4.Consistent with the policy encouraging amicable settlement of labor disputes. without government intervention may not be assured of the best possible terms and conditions of work. 8. under R.  Compromise Agreement . Sec 10. . Repatriation of worker’s remains and properties in case of death to the point of hire. HOWEVER. for every year of the unexpired term whichever is LESS. . principals.  PREMATURE TERMINATION OF CONTRACT . - Claims for death and burial benefits involving seamen OCWs which the POEA has jurisdiction are not the same as the claims against the State Insurance Fund of the LC. the law does not consider as 7. RA 8042 allows resolution by compromise of cases filed with the NLRC. at the option of the complainant. Workmen’s compensation benefits and war hazard protection.

Minimum capitalization of 1M in case of single proprietorship or partnership and a minimum of 1M paid-up capital for corporations. Drug addiction or possession or trafficking of prohibited drugs. All other professionals without board and lodging: 50% of the basic salary. or 6. Theft or robbery. Change of ownership or relationship of single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. Desertion or abandonment. CHAPTER II REGULATIONS OF RECRUITMENT AND PLACEMENT ACTIVITIES  ART 29. conveyed or assigned to any other person or entity. members of the board or partners. 2. Persons employed in the Department of Labor or in other government agencies directly involved in overseas employment - - -  GROUNDS FOR DISCIPLINARY ACTION (Under the MWA of 1995) . especially where the laws of the host country prohibit the same. 11. nurses. NON-TRANSFERABILITY OF LICENSE OR AUTHORITY No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority. 3. especially where the laws of the of the host country prohibit the same. Seamen or mariners: 80% of the basic salary. when any of its officers. 8. 7. Officers or members of the board of any corporation or members in a partnership engaged in the business of a travel agency.  ART 25. Those whose license has been previously canceled or revoked. Commission of a felony punishable by the laws of the Philippines or by the host country. Drunkenness. Embezzlement of company funds or of money an properties of a fellow worker entrusted for delivery to kins or relatives in the Philippines. 50% of the basic salary. Travel agencies and sales agencies of airline companies. nor may such license or authority be transferred. ART 22. 2. teachers. All overseas landbased workers shall be provided both life and personal accident insurance. 5. undertake recruitment and placement activities only at their authorized official addresses. Those not otherwise disqualified by law or these guidelines to engage in the recruitment and placement of workers for overseas employment  DISQUALIFICATIONS: 1. Creating trouble at the worksite or in the vessel. 5. PRIVATE SECTOR PARTICIPATION IN THE RECRUITMENT AND PLACEMENT OF WORKERS  QUALIFICATIONS FOR PARTICIPATION IN THE OVERSEAS EMPLOYMENT PROGRAM: 1. 3. 5. 10. 2. Initiating or joining a strike or work stoppage where the laws of the host country prohibit strikes or similar actions. . engineers. Filipino citizens. 6. Licensees or holders of authority or their duly authorized representatives may as a rule. Doctors. 1. and other professionals whose employment contract provide for lodging facilities: same as #2 4. or corporations which have derogatory records. 3. Domestic and other service of workers. 2. member of the board or partner of a corporation engaged in the business of a travel agency. 9. 4. partnerships. is also an officer. Persons. 4. Prostitution. Workers for Filipino Contractors and Construction Companies: 70% of the basic salary. Vandalism or destroying company property. MANDATORY REMITTANCE OF FOREIGN EXCHANGE EARNINGS  MANDATORY REMITTANCE REQUIREMENTS: 1. partnerships or corporations at least 75% of the authorized and voting capital stock of which is owned and controlled by Filipino citizens. Gambling. program and their relatives within the 4th degree of consanguinity or affinity. 3. Corporations and partnerships.

utilizing.  PROHIBITED PRACTICES: (CFGIIEOFSBWF) C F G I to charge or accept amount beyond amount allowed by law to furnish or publish false notice or information in relation to Recruitment and Placement to give any false notice and information or commit any act of misrepresentation to secure license or authority Induce or attempt to induce workers to quit employment to offer him another except if the transfer is to liberate a worker from oppressive terms and conditions of employment (NOTE: it is not necessary that worker was actually induced or did quit employment) to influence or attempt to influence any person or entity not to employ any worker who has not applied for employment in his agency to engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Phil. 13. I E O F S B W CHAPTER III F .12. Violation of the laws and sacred practices of the host country and unjustified breach of government approved employment contract by a worker. transporting. whether for profit or not when undertaken by a non-licensee or non-holder of authority. contracting.  ART 31.Any act of canvassing. PROVIDED that any such non-licensee or non-holder of authority who in any manner. hiring or procuring workers and includes referring contract services. BONDS Cash bond filed by applicants for license or authority is not subject to garnishment by judgment creditor of agency  ART 32. revoked. It shall likewise include the commission of prohibited acts whether committed by a non-licensee or non-holder of authority or a licensee or holder of authority. Unjust refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government agency. Obstruct or attempt to obstruct inspection by Secretary Fail to file reports Substitute or alter employment contracts Become officer or Board member of corporation engaged in travel agency Withhold or deny travel documents before the departure for monetary or financial consideration other than those authorized by the Code. or whose license or authority has been suspended. and 14. or cancelled by the POEA and the Secretary. corporation or entity which has not been issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor. SUSPENSION AND/OR CANCELLATION OF LICENSE OR AUTHORITY  NON-LICENSEE OR NON-HOLDER OF AUTHORITY . enlisting. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. ILLEGAL RECRUITMENT (as per RA 8042 otherwise known as the Migrant Workers’ Act of 1995)  ILLEGAL RECRUITMENT . Gunrunning or possession of deadly weapons. PROHIBITED PRACTICES A supplementary contract beneficial to worker not violative of protection afforded by the State to workers. FEES TO BE PAID BY WORKERS Suspension or cancellation of licenses may include award of damages to repair the injury caused to its victims. Failure to actually deploy without valid reason as determined by the DOLE  ART 35. MISCELLANEOUS PROVISIONS  ART 38. promising or advertising for employment abroad.  ART 34.any person.

if it is carried out by a group of three (3) or more persons conspiring and confederating with one another. Closure of establishments of illegal recruiters may still be ordered by Secretary of Labor. or where the aliens are elected members of the board of directors or governing body of corporations or association in proportion to their allowable participation in the capital of such entities.  THE QUALIFYING CIRCUMSTANCES THAT WOULD MAKE ILLEGAL RECRUITMENT AS A CRIME INVOLVING ECONOMIC SABOTAGE ARE : When committed by a SYNDICATE i. able and willing at the time of the application to perform the services for which the alien is desired..e.(Salazar vs. Achacoso and Marquez) where the Secretary of Justice specifically authorizes the employment of technical personnel. b. That illegal recruitment cases involving economic sabotage shall prescribe in twenty (20) years. BOOK TWO . franchise.e.  EXCEPTIONS PROHIBITION: a. privilege. EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS -Foreigners or domestic and foreign employers desiring to employ aliens must secure employment permit from the DOLE upon determination of the non-availability of a person in the Philippines who is competent. where the offended party resides at the time of the commission of the offense → at the option of the complainant These circumstances only qualify.. They do not define the offense themselves Recruitment and placement activities of agents or representatives appointed by a licensee. or (a) When committed in a LARGE SCALE i. The Sec. however. if it is committed against three (3) or more persons . same being essentially administrative and regulatory in nature. TO THE ART. property or business the exercise or enjoyment of which property or business the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or to corporations or associations at least 60% of the capital of which is owned by such citizens. However. Foreigners may not be employed in certain nationalized business. 38 ( c ) declared unconstitutional since only a judge may issue search warrant/ warrant of arrest. RTC of the province or city where the offense was committed. or 2. Of Labor may only recommend not issue.  VENUE OF ACTIONS ON ILLEGAL RECRUITMENT: 1.F Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment. whose appointments were not previously authorized by the POEA shall likewise constitute illegal recruitment.  PROHIBITION EMPLOYMENT OF ALIENS AGAINST Section 2-A of the Anti-Dummy Law prohibits the employment of aliens in establishment or entities which have under their name or control a right. in cases where the deployment does not actually take place without the worker’s fault TITLE II EMPLOYMENT OF NON-RESIDENT ALIENS  ART 40.  PRESCRIPTIVE PERIOD Illegal Recruitment cases under RA 8042 shall prescribe in five (5) years Provided.a non-resident alien worker and the employer shall bind themselves to train at least 2 Filipino understudies.

that portion of the nation’s population which has actual or potential capability to contribute directly to the production of goods and services. DEDUCTIBILITY OF TRAINING COSTS . Learners 3.HUMAN RESOURCES DEVELOPMENT TITLE I NATIONAL MANPOWER DEVELOPMENT PROGRAM CHAPTER I NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLELENTATION  ART 45. QUALIFICATIONS OF THE APPRENTICE for selfemployment or assisting individual or small industries within the purview of this the LC. 2. business. at least 15 years of age.  ENTREPRENEURSHIP .worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this chapter  APPRENTICEABLE OCCUPATION .practical training on the job supplemented by related theoretical instruction  APPRENTICE . enterprise. Of Labor 1. Apprentice 2.any trade. binds himself to train the apprentice and the apprentice in turn accepts the terms of training  ON-THE-JOB TRAINING – the practical work experience through actual participation in productive activities given to or acquired by an apprentice  HIGHLY TECHNICAL INDUSTRIES – trade. form of employment or occupation which requires more than 3 months of practical training on the job supplemented by related theoretical instruction  Requisites APPRENTICESHIP for a VALID 1.  APPRENTICESHIP AGREEMENT an employment contract wherein the employer  ART 71. EXCEPT ON-THE-JOB TRAINING (OJT) 3. industry or other activity. EMPLOYMENT OF TITLE II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS CHAPTER I APPRENTICES Types of Special Workers: APPRENTICES Only employers in highly technical industries may hire apprentices and only in apprenticeable occupations as determined by the Sec. which is engaged in the application of advanced technology  ART 59. provided those who are at least 15 years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations and the apprenticeship agreement shall be signed in his behalf by the parent or guardian or authorized representative of DOLE. PERIOD OF APPRENTICESHIP SHALL NOT EXCEED 6 MONTHS. DEFINITION OF TERMS  APPRENTICESHIP . Handicapped  ART 58.APPRENTICESHIP PROGRAM DULY APPROVED BY DOLE 4. APPRENTICESHIP AGREEMENT DULY EXECUTED AND SIGNED PROVIDING FOR COMPENSATION NOT LESS THAN 75% OF THE APPLICABLE MINIMUM WAGE. QUALIFICATIONS OF APPRENTICES  Qualifications of an Apprentice 1. ability to comprehend and follow oral and written instructions  ART 60. vocational aptitude/ capacity for appropriate test 3. DEFINITIONS  MANPOWER .

3. Subject to the provisions of the Code. Learners in piecework/ incentive .no minimum.A requisite for Board Examination 5.Training Program Curriculum. LEARNERS DEFINED  LEARNERS . privileges.Requisite for Graduation. APPRENTICESHIP 1. fringe benefits. Semi-skilled / industrial occupations  ART 72. no maximum.rate jobs are to be paid in full for the work done. or 4. With Commitment to employ the . Requisites for tax deductions in case employers have apprenticeship programs: 1. benefits. Highly technical industries and only in industrial occupation CHAPTER II LEARNERS  ART 73. CHAPTER III HANDICAPPED WORKERS  ART 78. Learner is considered as a regular employee in case of pretermination of contract after 2 mos. APPRENTICES WITHOUT COMPENSATION  Apprentices who may be hired without compensation: 1. LEARNERSHIP 1. 2. In case of pretermination of the apprenticeship agreement. Program duly recognized by the Department of Labor 2. Not less than 3 months practical training on the job but not more than 6 months 3. Even a handicapped worker can acquire the status of a regular employee. incentives or allowances as a qualified able-bodied person.persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned thru practical training on the job in a relatively short period of time which shall not exceed 3 mos.Are those whose earning capacity is impaired by age or physical or mental deficiency or injury. of training and the dismissal is without fault of learner 5. handicapped workers may be hired as regular workers. apprentices or learners if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they were hired. Practical training on the job supplemented by related theoretical instruction. DEFINITION  HANDICAPPED WORKERS . 2. - 2. Deduction shall not exceed 10% of direct labor wage 3. the worker is not considered as a regular employee 4. Hiring of persons as trainees in semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned thru practical training on the job in a relatively short period of time. qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation. Pay his apprentices the minimum wage learner as regular employee if he desires upon completion of learnership 4.those whose training on the job is required by the school. No Commitment to hire  Duration of employment . Dependent on agreement but is necessary that there is a specific duration BOOK THREE CONDITIONS OF EMPLOYMENT 3. Practical training on the job not to exceed 3 mos.

convenience or safety of the employer. Domestic Helpers 6. directly or through an agent. or ministers to the personal comfort.  Employees Exempt from the Benefits of E-E Relationship 1. tools to be used. place. the employer’s power to control the employee (with respect to the means and methods by which the work is to be accomplished) The last element as mentioned above is what is known as the CONTROL TEST whether the employer controls or has reserved the right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished. 4. 3. by a natural or juridical person to perform activities related to the business of the “hirer” who. an employer is free to regulate. time. selection and engagement of the employee 2. Persons on the Personal Service of another 7. dismissal and recall of workers.except as otherwise limited by special laws.Refer to nonagricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. supervises or controls the work performance and pays the salary or wage of the hire. working methods. as well as the members of the employer’s household. Whether or not an employer-employee relationship exists between the parties is a question of fact. Government Employees Managerial Employees Field Personnel Family Members dependent on the employer for support 5. DOMESTIC HELPERS/ PERSONS RENDERING PERSONAL SERVICES . 2. working regulations. the power of dismissal 4. directly or indirectly. all aspects of employment. according to his own discretion and judgment. 1.Perform services in the employers home which are usually necessary and desirable for the maintenance or enjoyment thereof.Refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof and to other members of the managerial staff  Note: Definition applies only to the 8hour Labor law  FIELD PERSONNEL . preferred where the work process is repetitive and the out put is standardized and easily countable. processes to be followed. COVERAGE  ELEMENTS OF EMPLOYEREMPLOYEE RELATIONSHIP:  MANAGERIAL EMPLOYEES .  PIECE-RATE METHOD . lay-off of workers and discipline. and manner of work. instrumentalities or political subdivisions and of government corporations that are not incorporated under the Corporation Code.Where pay is dependent on unit of product finished.Refers only to employees of government agencies. work supervision.Method of computing compensation based on the work completed and not on the time spent in working.  MANAGEMENT PREROGATIVE . meaning those which have original charters. Workers Paid by Result  GOVERNMENT EMPLOYEES . including hiring. work assignments. Management prerogative recognizes the right of the employer to advance its interest to prescribe standards of work and impose reasonable quotas or work .A natural person who is hired. The findings of the NLRC are accorded not only respect but finality if supported by substantial evidence.  WORKERS PAID BY RESULTS . the payment of wages 3.TITLE I WORKING CONDITIONS AND REST PERIODS CHAPTER I HOURS OF WORK  ART 82. transfer of employees. supervision of workers. This last element is the most important index of the existence of the relationship. The existence of employment relationship is determined by law and not by contract.  EMPLOYEE .

Rest Periods of short duration during working hours shall be considered as hours worked. Work hours of seamen are governed by the same rules as land based employees. they must show sufficient proof that said work is actually performed. The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest. not minimum.  ART 83. must be counted as hours worked. Thus.time work is therefore not prohibited. 3. work is with the knowledge of his employer or immediate supervisor 4.when waiting is an integral part of the job. HOURS WORKED  WHEN COMPENSABLE: TRAVEL TIME SHALL INCLUDE: 1. and failure on the part of the employees to meet the requirement. the time spent on travel is compensable 2. impose in good faith. Preliminary activities compensable when controlled or required by employer and are pursued necessarily and primarily for the employer’s benefit. Part. it is compensable  WAITING TO BE ENGAGED . may be less than sixty (60) minutes.  PRINCIPLES IN DETERMINING HOURS WORKED: 1. including Saturday or Sunday. Travel from home to work. 2. and 2. or it benefited the employer. regardless of whether or not such hour are spent in productive labor or involve physical or mental exertion. . If the work performed was necessary. Travel away from home. All time during which an employee is suffered or permitted to work 1.  ART 84. may rest completely and may leave his workplace.assignments.time spent by an employee in travel as part of his principal activity. NORMAL HOURS OF WORK . The workweek may begin at any hour and on any day.Shall not exceed 8 hours in a regular working day  ENGAGED TO WAIT . A change of ownership in a business concern is not proscribed by law. constitutes a just cause for his dismissal. or the employee could not abandon his work at the end of his normal working hours because he had no that keeps an employee away from home overnight. New owner/management group has no obligation to re-employ workers who freely and voluntarily accepted their separation pay and other benefits. but should not be less . Travel that is all in a day’s work.idle time is not working time. such as travel from jobsite to jobsite during the workday. Should not be less than sixty (60) minutes. it being enough that he stops working. all time spent for such work shall be considered as hours worked if the  ART 85. MEAL PERIODS  MEAL PERIODS 1. 3. All hours are hours worked which the employee is required to give to his employer. designated by the employer. not compensable  PURPOSE to safeguard the health and welfare of the laborer and in a way to minimize unemployment by utilizing different shifts  REGULAR WORKING DAYS: The regular working days of covered employees shall not be more than five days in a workweek.refers to ordinary work travel but where the worker is made to work on an emergency call and travel is necessary in proceeding to the workplace. Under specified cases. and is time-off/non-compensable 2. to go elsewhere whether within or outside the premises of his workplace.Only the maximum is prescribed. An employee need not leave the premises of the workplace in order that his rest period shall not be counted. All time during which an employee is required to be on duty or to be at a prescribed workplace.

 ART 87. 25% of regular wage if done on a regular workday 2.than twenty (20) minutes an must be with full pay.  ART 86. NIGHT SHIFT DIFFERENTIAL  NIGHT SHIFT DIFFERENTIAL -Additional compensation of not less than ten percent (10%) of an employee’s regular wage for every hour of work done between 10:00 PM and 6:00 AM. 4. e. The employees voluntarily agree in writing to a shortened meal period and are willing to waive the overtime pay for such shortened meal period. written authority after office hours during rest days and holidays are required for entitlement to compensation.  NOTE: OT pay will not preclude payment of night shift differential pay. The value of benefits is equal with the compensation due them for the shortened meal period 5. Otherwise.  WORK DAY . HOWEVER. The right to OT pay cannot be waived. OVERTIME WORK  OVERTIME PAY. -  RATIONALE . 3. as it is intended to benefit laborers and employees. As a rule. Mealtime is not compensable EXCEPT in cases where the lunch period or meal time is predominantly spent for the employer’s benefit or where it is less than 60 minutes. -  REQUISITES : 1. No diminution whatsoever in the salary and other fringe benefits of the employees existing before the effectivity of the shortened meal period. whether or not this period is part of the worker’s regular shift.the 24-hour period which commences from the time the employee regularly starts to work. 30% of 200% if on a regular holiday  RATIONALE . Such waiver is contrary to law and public policy. and 6. the workday is from 8am today up to 8 am tom. then the 10% night shift differential should be based on his overtime rate. 30% of 130% if on a special holiday/rest day 1. 30% of 150% if on special holiday AND rest day 3. The minimum normal working hours fixed by the Act need not be continuous to constitute the legal working day Express approval by a superior is not a prerequisite to make overtime work compensable. 2. the waiver may be permitted. If less than twenty(20) minutes. Work does not involve strenuous physical exertion and they are provided with adequate coffee breaks. If work done between 10 PM and 6 AM is overtime work. OT pay will become due and demandable after the new time serves as an inducement of employment -  EXCEPTIONS: .Additional compensation for work performed beyond eight (8) hours within the worker’s 24-hour workday.. Employees may request that their meal period be shortened so that they can leave work earlier that the previously established schedule. it is compensable as hours worked. The arrangement is of temporary duration.employee is given OT pay because he is made to work longer than what is commensurate with his agreed compensation for the statutorily fixed or voluntarily agreed hours of labor he is supposed to do. But when the waiver is made in consideration of benefits and privileges which may even exceed the overtime pay. if the worker starts to work 8 am today.g. cannot be waived. 3. it becomes only a rest period and is thus considered as work time  NOTE: Employee must be completely relieved from duty. Meal periods during overtime work is not given to workers performing overtime for the reason that OT work is usually for a short period ranging from one to three hours and to deduct from the same one full hour as meal period would reduce to nothing the employee’s OT work.

UNDERTIME NOT OFFSET BY OVERTIME Undertime work on any particular day shall not be offset by overtime work on any other day. the employer may so schedule the weekly rest day that meets the employee’s choice for at least two (2) days a month  RATIONALE An employee’s regular pay rate is lower than the overtime rate. where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. The one-hour OT pay will become due and payable if they are made or permitted to work on a day not scheduled for work on the compressed work week 5. But when such preference will prejudice the operations of the undertaking and the employer cannot normally result to other remedial measures. WHEN EMPLOYER MAY REQUIRE WORK ON A REST DAY  WHEN EMPLOYEE MAY BE REQUIRED TO RENDER WORK ON A REST DAY: . or 2. However. 3. When the waiver stipulates higher payment or rate of OT pay. It is voluntary on the part of the worker 2. installations. CHAPTER II WEEKLY REST PERIOD  ART 91. Employer shall schedule the weekly rest day of his employees subject to collective bargaining agreement. RIGHT TO A WEEKLY REST DAY Employees should be provided a rest period of not less than twenty four (24) consecutive hours after every six (6) consecutive normal work days. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation. There will be no diminution of the weekly or monthly take-home pay and fringe benefits of the employees.include the cash wage only. There is urgent work to be performed on machines. Work is necessary to prevent loss/damage to perishable goods. Offsetting the undertime hours against the overtime hours would result in undue deprivation of the employee’s extra pay for overtime work. The work does not involve strenuous physical exertion and employees must have adequate rest periods 5. Country is at war or any other national/local emergency has been declared by the Chief Executive/Congress 2. REGULAR WAGE . or equipment in order to avoid serious loss/damage to the employer or some other causes of similar nature 4.  COMPRESSED WORKWEEK -allowable under the following conditions: 1. The arrangement is of temporary duration. without deduction on account of facilities provided by the employer  ART 88. W N U N C N 1.1. and 5. The value of the benefits that will accrue to the employees under the proposed schedule is more than or at least commensurate with the one-hour OT pay that is due them during weekdays based on the employee’s quantification 4. Where the contract of employment requires work for more than eight hours of work at specified wage per day providing for a fixed hourly rate or that the daily wages include overtime pay. EMERGENCY OVERTIME WORK  WHEN WORKER MAY BE REQUIRED TO RENDER OT: (WNUNCN)  ART 92. the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. when it is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon  ART 90. 6. -  ART 89. Necessary to prevent loss of life/property/ in case of actual/impending emergency in the locality 3.

abnormal pressure of work due to special circumstances. 93. Bonifacio Day-November 30 9. COMPENSATION FOR REST DAY.. 1. Christmas Day-December 25 10. RIGHT TO HOLIDAY PAY  HOLIDAY PAY . equipment or installation to avoid serious loss which the employer would otherwise suffer 3. New Year’s Day -January 1 Maundy Thursday -Movable date Good FridayMovable date Araw ng Kagitingan -April 9 Labor Day -May 1 Independence Day -June 12 National Heroes Day`-Last Sunday August 8.employee should not have been absent without pay on the working day preceding the regular holiday Art. prevent serious loss of perishable goods 5.30% of regular wage 2. Holiday Work falls on Scheduled Rest Day 50% of regular wage CHAPTER III HOLIDAYS. Provided the employee worked on the day prior to the regular holiday or on leave with pay or on authorized absence. SUNDAY OR HOLIDAY WORK: 1. special holidays are taken care of under Art. 94(b) refers to regular holidays.compensable even SPECIAL HOLIDAY . 2. he works on that day and was present or on leave with pay on the preceding workday. If on leave without pay.Additional compensation for work performed on a scheduled rest day or holiday.  ADDITIONAL COMPENSATION FOR WORK ON A REST DAY. . No regular workdays and rest days -30% of regular wage for work on Sundays & Holidays 3. 3.A day’s pay given by law to an employee even if he does not work on a regular holiday. 4. It is limited to the ten (10) regular holidays listed by law. urgent work to be performed on the machinery. nature of work requires continuous operation for seven days a week 6. 3. 5. he must work on the first holiday to be entitled to holiday pay on the second regular holiday. Work on Special Holidays -30% of regular wage 4. Maundy Thursday and Good Friday. 7.  PREMIUM PAY . whether worked  ART 93. Work on a scheduled rest day . rate still applies if leave is authorized. Last Day of the Year-December 31 3.  REGULAR HOLIDAYS: 1. to prevent loss of life or property or in cases of force majeure or imminent danger to public safety 2. earthquake epidemic or other disaster or calamity. All Saint’s Day -November 1 2. 6. 400% if he worked – as per DOLE Memo if there are 2 regular holidays in one day eg. Rizal Day-December 30 Note: Compensable unworked.not compensable if . April 9 and Good Friday. SUNDAY OR HOLIDAY WORK this article does not prohibit a stipulation in the CBA for higher benefits of  SPECIAL HOLIDAYS 1. the employee must be present the day before the scheduled regular holiday to be entitled to compensation to both otherwise. work is necessary to avail of favorable weather or environmental conditions where performance or quality of work depends upon them  ART 94. If there are two succeeding holidays eg. fire. flood typhoon.1. And all other days declared by law or ordinances to be a special holiday or nonworking day NOTE: worked = regular wage plus 30% premium pay not worked = none or DOUBLE HOLIDAY PAY 200% of the basic wage provided. where the employer cannot ordinarily be expected to resort to other measures 4. 2. In case of actual or impending emergencies caused by serious accident. SERVICE INCENTIVE LEAVES AND SERVICE CHARGES REGULAR HOLIDAY .

. capable of being expressed in terms of money.if unworked subject to certain conditions .not exclusive since law may provide for other special holidays . SERVICE CHARGES  TO BE DISTRIBUTED TWICE MONTH AND AT THE RATE OF: A to the 10 enumerated by the LC .if there is no work performed by the employee. or commission basis or other method or calculating the same. DEFINITION  WAGE . SIL is commutable i.  ONE (1) YEAR OF SERVICE.subject to execution (Gaa vs.denotes higher degree of employment . and ready to work but was prevented by management or was illegally locked out. or enjoying vacation leave with pay for at least 5 days those employed in establishments regularly employing less than 10 employees those employed in establishments exempted from granting this benefit by the Secretary of Labor. WAGE . convertible to cash. 85% for all covered employees to be equally distributed among them 2. piece.e. lodging. which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done or for services rendered or to be rendered and includes the fair and reasonable value of board.service within 12 months. or other facilities customarily furnished by the employer to the employee.Five (5) days leave with pay for every employee who has rendered at least one (1) year of service. whether continuous or broken.  ART 96. there can be no wage or pay unless the laborer was able.the remuneration or earnings. FAIR DAY’S WAGE FOR A FAIR DAY’S LABOR . CA) to  FACILITIES – shall include all articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or services primarily for the benefit of the employer or necessary to the conduct of the employer’s business.rate is twice the regular rate if worked unworked . RIGHT INCENTIVE LEAVE TO SERVICE  SERVICE INCENTIVE LEAVE (SIL) . suspended or dismissed. 15% for management (may answer for losses and breakages or distributed to management) If collection of service charges is abolished. however designated. whether fixed or ascertained on a time. willing.the cash equivalent is aimed primarily at encouraging workers to work continuously and with dedication to the company.rate is 130% if worked considered integrated in their wages on the basis of the average monthly share of each employee for the past 12 months immediately preceding the abolition.. task. reckoned from the date the employee started working including authorized absences and paid regular holidays unless the number of working day in the establishment as a matter of practice or policy.  ART 95.  BUT DOES NOT APPLY TO THOSE WHO ARE: already enjoying the said benefits.compensation manual labor Not subject execution for SALARY . the share of covered employees shall be FACILITIES SUPPLEMENTS . TITLE II WAGES CHAPTER I PRELIMINARY MATTERS  ART 97. or provided in the employment contract is less than 12 mos.

Workers in any duly registered cooperatives CHAPTER II MINIMUM WAGE RATES  ART 100. and other cash bonuses amounting to not less than 1/12 of its basic salary. and the practice is consistent and deliberate. COLA not equivalent The rule is applicable if it is shown that the grant of the benefit is: 1. 24  BONUS . based on an express policy. Therefore.independent of the wage . COVERAGE: . 4. Christmas bonus midyear bonus profit sharing payments. APPLICATION OF TITLE  This Title shall not apply to the following: 1.All rank-and-file employees regardless of their designation or employment status and irrespective of the method by which their wages are paid. such as success of the business or greater production or output. or 2. PROHIBITION AGAINST ELIMINATION OR DIMUNITION OF BENEFITS  LEGAL REQ’TS. . as such. As a rule. has ripened into practice over a long period of time. It is not due to an error in the construction /application of a doubtful or difficult question of law. Proof that such facilities are customarily furnished by the trade . electricity cash and stock dividends.. provided. written or unwritten. 3. But even in cases of error. it is an amount granted voluntarily to an employee for his industry and loyalty which contributed to the success and realization of profits of the employer’s business.  ART 101. it was promised to be given without any conditions imposed for its payment.may be given anytime but not later than Dec. it should be shown that the correction is being done soon after the discovery of the error. benefit given under certain conditions. homeworkers engaged in needle-work 3. are entitled to this benefit. Voluntarily Accepted in writing by the employee 3. PAYMENT BY RESULTS . workers employed in any establishment duly registered with the National Cottage Industry 4. it is not a demandable and enforceable obligation.deductible from the wage  ART. Difference of opinion on how to compute the 13th month pay does not justify a strike It must always be in the form of legal tender .  13TH MONTH PAY (OR “ITS EQUIVALENT”) -additional income based on wage required by P. from a legal point of view. 98. FORMS: 1.Are items of expense necessary for the laborer’s and his family’s existence and subsistence . 2.A supplement or employment . Charged at Fair & Reasonable Value  THE NON-DIMINUTION RULE -the benefits being given to employees cannot be taken back or reduced unilaterally by the employer because the benefit has become part of the employment contract. that they have worked for at least one (1) month during the calendar year. 2.D. household or domestic helpers 2.Constitute extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings wages .not wage deductible 3.part of the wage . Free rice. 851 which is equivalent to 1/12 of the total basic salary earned by an employee within a calendar year. Unless. it is deemed part of the wage. BEFORE FACILITIES CAN BE DEDUCTED FROM THE EMPLOYEES’ WAGES: 1.

2. DIRECT PAYMENT OF WAGES  TO WHOM PAID . The establishment must have 25 or more employees. CATEGORIES OF PIECE-RATE WORKERS: 1. individual or collective bargaining agreement or company policy or practice. other benefits granted by law. 2. without regard to the time spent in producing the same.checks or money orders may be paid if: 1. 2. Yearly service incentive leave of five days with pay.payment through the ATM is allowed GENERAL RULE: EXCEPTIONS: .  ART 103. When the employer provides for free transportation to the employees back and forth. 4. 3. 2. CHAPTER III PAYMENT OF WAGES  ART 102. BENEFITS PAYABLE TO PIECE-RATE WORKERS: 1.  EXCEPTIONS: 1. or 3. night or day clubs. The bank must be located within one kilometer radius to the bank from the location of the establishment . payment by legal tender PAYMENT THRU BANKS: REQUISITES : 1. massage clinics or similar establishments are prohibited except for the workers therein. When payment cannot be effected at or near the place of work by reason of deterioration of peace and security 2.  ART. those who are paid piece rates as prescribed in Piece Rate Orders by the DOLE 2. FORMS OF PAYMENT  EMPLOYER CANNOT PAY HIS WORKERS BY MEANS OF: 1. 6. OT pay (conditional) 7. 7. 3. 3. 5. Those who are paid output rates which are prescribed by the employer and are not yet approved by the DOLE  WORKERS PAID ON PIECE-RATE BASIS shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated. PLACE OF PAYMENT  WHERE TO PAY: Shall be made at or near the place of undertaking. as stipulated in the CBA  ART 105. promissory notes vouchers coupons tokens tickets chits or any object. Meal and rest periods 6. the same is customary on the date of effectivity of the LC. There must be written permission of the majority of the employees concerned in an establishment. Holiday pay 5. payment must be made immediately after such occurrence have ceased. And under analogous circumstances payment of wages in bars. TIME OF PAYMENT  WHEN TO PAY: at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days force majeure or other circumstances beyond the employer’s control.104. and 3. necessary because of special circumstances. Premium pay (conditional) 8. 13th month pay 9. Night shift differential pay 4. Applicable statutory minimum daily rate.


wages shall be paid directly to the workers to whom they are due.

standards, free exercise of the right to selforganization, security of tenure and social and welfare benefits. Substantial capital need not be coupled with investment in tools or equipment. This is clear from the use of the conjunction “or”. JOB C O NT R A CT IN G 1. No E- E relationship exist between employer and the contractor’s employee except when the contractor or subcontractor fails to pay the wages of his employees 2. liability is limited to unpaid wages and other labor standards violations LABOR ONLY CONTRACTING 

a. in case of force majeure/special circumstances, payment may be made through another person under written authority where the worker has died, the b. employer may pay the wages of the deceased worker to the heirs of the latter, through the Secretary of Labor or his representative, without the necessity of intestate proceedings, after the heirs have executed an affidavit attesting to their relationship to the deceased and the fact that they are his heirs to the exclusion of all others 

LABOR ONLY CONTRACTING - where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such persons are performing activities which are directly related to the principal business of such employer.  INDEPENDENT CONTRACTOR - one who exercises independent employment and contracts to do a piece of work according to his own methods and without being subject to control of his employer except as to the result thereof. A mere statement in a contract with a company that laborers who are paid according to the amount and quality of work are independent contractors does not change their status as mere employees in contemplation of labor laws.

1. Employer is treated as direct employer of the person recruited in all instances

2. liable to all rights duties and liabilities under labor standards laws including the right to self- organization 3. Prohibited by law 4. Contractor has no substantial capital/ investment

3. Permissible 4. Contractor has substantial capital or investment 

1. where the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job on his own account and under his own responsibility, according to its own manner and method 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; 2. the contractor or subcontractor has substantial capital or investment; and 3. the agreement between the principal and contractor or subcontractor assures the contractual employees entitlement to all labor and occupational safety and health 

WORKING CONDITIONS - Refers to the terms and circumstances affecting the employment of an employee, including policies, programs and regulations governing his employment status, work, and work relationships. They are, as a rule, determined by the employer. 

This Article did not sweep away the overriding preference accorded under the

scheme of the Civil Code to tax claims of the government. just a preference, must yield to special preferred credit, e.g. secured creditors The formal declaration of insolvency or bankruptcy or a judicial liquidation of the employer’s business is a condition sine qua non to the operation of the preference accorded to workers under Art. 110. 

WITH EMPLOYEES CONSENT: 1. 2. 3. 4. 5. SSS Payments MEDICARE Contributions to PAG-IBIG Funds value of meals and others payments to third persons with employees consent 6. deduction of absences W/OUT EMPLOYEES CONSENT: 1. Worker’s insurance acquired by the employer 2. Union Dues, where the right to check-off has been recognized by the employer 3. Cases where the employer is authorized by law or regulations issued by the Secretary of Labor 4. debts of the employee to the employer which have become due and demandable

ART 112. NON-INTERFERENCE IN DISPOSAL OF WAGES In relation to the Civil Code:
Art. 1705. The laborer’s wages shall be paid in legal currency. Art. 1706. Withholding of the wages except for a debt due, shall not be made by the employer Art. 1707. The laborer’s wages shall be a lien on the goods manufactured or the work done. Art. 1708. The laborer’s wages shall not be subject to execution or attachment except for debts incurred for food, shelter, clothing, and medical attendance. Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer. 

Deposits for Loss or Damage to tools, materials and equipment supplied by the employer shall not be made, EXCEPT when the trade, occupation or businesses of the employer recognizes, or considers the practice of making deductions or requiring deposits necessary or desirable. 

1. Payment of wages with less frequency than once (1) a month. 2. Limitations/Interference by the employer with the employees freedom to dispose of his wages. 3. Forcing, Compelling/Obliging employees to purchase merchandise , commodities or other properties from the employer or from any other person, or to make use of any store or service of such employer or any other person 4. Withholding of wages 5. Deduction of wages as consideration of a promise of employment or retention in employment 6. Refusal to pay/ Reduction of wages and benefits, discharge/ discrimination against any employee as retaliatory measures against any employee who has filed any complaint or instituted any proceedings against his employer 

REQUISITES FOR DEDUCTION FOR LOSS OR DAMAGE : 1. employee clearly shown responsible 2. opportunity to show cause to show why
deduction should not be made

3. deduction is fair and reasonable and shall
not exceed the actual loss or damage

4. does not exceed 20% of the employees
wages in a week.



1. Regional Tripartite Wages and Productivity Board 2. Congress MINIMUM WAGE - The lowest wage rate fixed by law that an employer can pay his employees.

distinctions embodied in such wage structure based on skills, length of service or other logical bases of differentiation.  CORRECTING WAGE DISTORTION

Unionized Establishment
1. Negotiate to correct the distortion. 2. Any dispute arising therefrom should be resolved through grievance procedure under their CBA. 3. If the dispute remains unresolved, through voluntary arbitration. Establishments without Unions 1. The employers and workers shall endeavor to correct the distortion. 2. Any dispute arising therefrom shall be settled through the NCMB and 3. If it remains unresolved after 10 days of conciliation, it shall be referred to the NLRC. Wage distortion is non- strikeable. 

WAGE ORDER – an order issued by the Regional 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, the Regional Board proceeds to determine whether to issue the same or not.  EFFECTIVITY of a wage Order – it shall take effect after 15 days from the its complete publication in at least one newspaper of general circulation in the region.  FREQUENCY of a wage order - 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. EXCEPTION: When Congress itself issues a law increasing wages. 

Is the employer legally obliged to try & correct a wage distortion?
It appears so. Article 124 of the Code provides that “ the employer and the union shall negotiate to correct the distortions.” If there is no union, “ the employer and the workers shall endeavor to correct such distortions. 

1. Demand for living wages; 2. Wage Adjustment vis-a vis the consumer price index; 3. Cost of living and changes or increases therein; 4. Needs of workers and their families; 5. Need to induce industries to invest in the countryside; 6. Improvements in standards of living; 7. Prevailing wage levels; 8. Fair Return of the capital invested and capacity to pay of employers; 9. Effects on Employment Generation and Family Income; 10. Equitable Distribution of Income & Wealth along the imperatives of economic and social development  WAGE DISTORTION - situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the 

Must the previous pay gaps be restored?
While that is the aim, it need not necessarily be restored to the last peso. An appreciable differential, a significant pay gap should suffice as correction of the distortion.


Under Art. 129, the Regional Director is empowered through summary proceeding and after due notice, to hear and decide cases involving recovery of wages and other monetary claims and benefits, including legal interests.

of Labor . and 4.000 4. Order Work Stoppage/Suspension of Operations → when non-compliance with the law or implementing rules and regulations poses grave & imminent danger to the health and safety of the workers in the workplace. Conduct Hearings within 24 hours → to determine whether an order for stoppage of work/suspension of operations shall be lifted or not. Visitorial and enforcement power of the Secretary of Labor /his duly authorized representatives exercised through routine inspections of establishments 2. E-E relationship not necessary since it should not include a claim for reinstatement 3. regardless of age. 000. - TITLE III WORKING CONDITIONS FOR SPECIAL GROUP OF EMPLOYEES CHAPTER I EMPLOYMENT OF WOMEN  ART 130. Power of the Regional Director or any duly authorized hearing officers to hear and decide matters involving the recovery of wages. 128) →based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection Issue Writs of Execution (ART. The aggregate money claim of each employee or househelper does not exceed P5. to question any employee & investigate any fact. NIGHTWORK PROHIBITION No woman .00 Access to employer’s records and premises → the day/night whenever work is being undertaken therein → includes the right to copy therefrom. Person exercising the power is the Sec. shall be employed or permitted or suffered to work. REQUISITES : 1. Agricultural undertaking at nighttime unless. 3. requires the existence of E-E Relationship 1. 128) →for the enforcement of orders →except in cases where the employer contests the findings of the said labor officers and raises issues supported by documentary proofs which were not considered in the course of inspection. condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Code and of any labor law. period of appeal is 10 calendar days 5. The claim is presented by an employee or person employed in domestic or household service or househelper. The claimant does not seek reinstatement. or rules and regulations Issue Compliance Orders (ART. period of appeal is 5 calendar days 3. The power is vested upon a regional director or any duly authorized hearing officer of the DOLE. wage order. Aggregate claim of each complainant does not exceed P5. 2. The claim arises from employer-employee relations. → employer shall pay the employees concerned their salaries in case the violation is attributable to his fault Require employers to keep and maintain Employment Records -→ as may be necessary in aid of his visitorial and enforcement powers 1. Appeal with NLRC. Of Labor or any of his duly authorized representatives who may or may not be a regional director - 5. No limit as to amount of claim - 4. upon complaint of any interested party 2. she is given a period of rest of not less than 9 consecutive hours . Appeal is with Sec. Commercial/Non-Industrial undertaking between 12 MN-6AM 3. with or without compensation in any : - - ART 128 ART 129 1. Industrial undertaking between 10PM-6AM 2.

to avoid serious loss 3. who has paid for at least three (3) monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days. To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women.  RA 8187 (PATERNITY LEAVE)  ART. 3. i. Employee notified her employer of her pregnancy of the probable date of her childbirth 2. epidemic or other disasters or calamity. Purpose: to enable the husband to lend support to his wife during the period of recovery and/or in the nursing of the newly born child. Provide seats proper for women and permit them to use the seats when they are free from work or during office hours provided the quality of the work will not be compromised. and may not be availed of in addition to sickness benefit under the Social Security program. or in cases of force majeure or imminent danger to public safety 2. That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits 4. unless she has earned unused leave credits from which such extended leave may be charged. That if an employee member should give birth or suffer a miscarriage without the required contributions having been remitted for her by her employer to the SSS. ART 133 (b) subsists. or without the latter having been previously notified by the employer of the time of the pregnancy.It is available only for the first four deliveries of the legitimate spouse with whom the husband is cohabiting. abortion. EXCEPTIONS 1. That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer 6. to prevent loss of life or property. Analogous cases  ART 132. 2. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like 1. ART 131. Where she holds a responsible position of managerial/technical nature/engaged to provide health and welfare service 5. FACILITIES FOR WOMEN The Secretary of Labor may require employers to: 1. flood. That the maternity benefits shall be paid only for the first four (4) deliveries or miscarriages 5.. Nature of the work requires the manual skill and dexterity of women workers & cannot be performed with equal efficiency by male workers 6. DELIVERY – includes childbirth. Urgent work to be performed on machineries. or abortion. 4. This law grants paternity leave of seven day with full pay to all married male employees in the private and public sectors. BENEFITS 133 MATERNITY LEAVE -  MATERNITY LEAVE UNDER THE SSS LAW A female member. To establish a nursery in the establishment. . delivery. in case of caesarian delivery. which renders the woman unfit for work . or miscarriage.  LIMIT OF THE BENEFIT: Applies only for the first four deliveries irrespective of who is the father of the children. typhoon. REQUISITES : . Full payment be advanced by the employer within 30 days from the filing of the maternity leave application 3. Where women workers are immediate family members of the family operating the establishment or undertaking 7. equipment or installation.e. Actual/Impending Emergencies caused by serious accident. who need not be legally married. the maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy. the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to. Work is necessary to prevent serious loss of perishable goods 4. miscarriage.

2. he has applied for paternity leave . executive orders or any contract. if not availed of. employment does not impair the child’s normal development c. if lesser. cocktail lounge. 3. decree. 3. and 4. the parent/legal guardian provides the child with the primary and/or secondary education prescribed by DECS . re-employment or continued employment of said individual or in granting said individual favorable compensation.  Acts of Discrimination: a. hostile. the sexual favor is made as a condition in the hiring or in the employment. the above acts would impair the employee’s rights or privileges under existing labor laws or The above acts would result in an 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. employment does not endanger the child’s life. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. WIFE . CHAPTER II EMPLOYMENT OF MINORS  ART 139. or privileges. massage clinic. conditions. safety. health and morals b. MINIMUM EMPLOYABLE AGE Any person between ages 15 and 18 may be employed in any non hazardous work. promotions. he is an employee at he time of the delivery of his child. under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor. 7877)  ART 136. Favoring a male employee over a female employee solely on the account of their sexes. is not convertible to cash.refers to the lawful wife which means the woman who is legally married to the male employee concerned. CLASSIFICATION CERTAIN WOMEN WORKERS - OF  ART 135. or to actually dismiss. deprive or diminish employment opportunities or otherwise adversely affect said employee  Exception and condition on the employment of a child below 15: 1. in any night club. he is cohabiting with his spouse at the time she gives birth or suffers a miscarriage. or the refusal to grant the sexual favor results in limiting. b. with or without compensation. discharge.  ART 138. PROHIBITED - DISCRIMINATION It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. segregating or classifying the employee which in anyway would discriminate. terms. Sexual Harassment in a Work-Related or Employment Environment : 1. 3[a]. CONDITIONS : 1. the greater benefit shall prevail. 2. the existing benefit shall be adjusted to the extent of the difference. agreement or policy between employer and employee and the existing paternity benefit is greater. STIPULATION AGAINST MARRIAGE . Where the male employee is already enjoying the paternity leave by reason of any law. Any woman who is permitted to work or suffered to work. his wife has given birth or suffered a miscarriage Paternity leave. When the child works directly under the sole responsibility of his/her parents or legal guardian who employs members of his/her family only under the following conditions: a. or to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated. Payment of a lesser compensation for work of equal value. shall be considered as an employee of such establishment for purposes of labor and social legislation. RA No. or offensive environment (Sec. bar or similar establishment.

a worker who is engaged in industrial homework b. sufficient means in the place where the head of the family lives. National Red Cross or by any other organization accredited by the former. Where the workers use or are exposed to power-driven tools. and mechanized farming. fire-fighting. Where the child’s employment or participation in public entertainment or information through cinema. stevedoring. right not to be required to work more than 10 hours a day 9.  FIRST AIDER – any person trained and duly certified as qualified to administer first aid by the Phil. medical attendance 5. radio. CHAPTER III EMPLOYMENT OF HOUSEHELPERS  RIGHTS OF HOUSEHELPERS: 1.household work 3. and 5. There is a written contract approved by the DOLE.  HAZARDOUS WORKPLACES: 1. board/ lodging. 2. 3. casualty or disease.Money relief afforded according to the scale established under the statute as differentiated from compensatory damages recoverable in an action at law for . tobacco and its byproducts or exhibiting violence. irrespective of whether or not such injury or illness is work-connected. 12.a system of production under which work for an employer or contractor is carried out by a homeworker at his home. before a more extensive medical and/or dental treatment can be secured. Where the workers use or are exposed to heavy or power-driven machinery or equipment. or television is essential. and The conditions prescribed for the employment of minors {above stated} are met. DENTAL AND OCCUPATIONAL SAFETY CHAPTER I MEDICAL AND DENTAL SERVICES  ART 156. disablement or death of a workman through industrial accident. FIRST-AID TREATMENT  FIRST-AID TREATMENT – adequate. Where the workers are engaged in construction work. non-assignment to non. at least elementary education 13. 4. Where the nature of the work exposes the workers to dangerous environmental elements. intoxicating drinks. blasting. NONHAZARDOUS WORK OR UNDERTAKING – one where the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. SAFETY AND SOCIAL WELFARE BENEFITS TITLE I MEDICAL. just causes for termination 8.A general and comprehensive term applied to those laws providing for compensation for loss resulting from the injury. theater.2. employment does not involve advertisements or commercials promoting alcoholic beverages. immediate. quarrying. deep-sea fishing. provided that: a. Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products.  COMPENSATION . indemnity for unjust termination of services 7. for days vacation each month 10. dock work. c. employment certification CHAPTER IV EMPLOYMENT OF HOMEWORKERS  INDUSTRIAL HOMEWORK . BOOK FOUR HEALTH. just and humane treatment 6.  INDUSTRIAL HOMEWORKER . logging. mining. and necessary medical and dental attention or remedy given in case of injury or illness suffered by a worker during employment. contaminants or work conditions. to regular wages if employed in industrial or commercial or agricultural undertaking 11. funeral expenses must be paid by employer if the househelper has no relatives with TITLE II EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND  WORKMEN’S COMPENSATON. minimum cash wage 2. opportunity for education: if under 18 (cause of education part of compensation) 4.

The employee’s work must involve the risk described therein 2. 2. it must have been official and in connection with his work.  ART 164.Any illness definitely accepted as an occupational disease listed by the Commission or any illness caused by employment subject to proof that the risk of contracting the same is increased by working conditions. There was no notorious negligence on the part of the employee  DEATH or sickness Loss of life resulting from injury  DISABILITY -Loss or impairment of a physical or mental function resulting from injury or sickness. if the injury is sustained elsewhere. no presumption of aggravation 3. notorious negligence or otherwise prohibited under this Title. 3. no need for the employer to controvert  Conditions for an occupational disease and the resulting disability or death to be compensable : 1. payment of compensation made by the employer EMPLOYEES COMPENSATION LAW 1.EGRESS/ PROXIMITY RULEwhen the employer is about to leave or about to enter the premises of the employer by way of the customary or exclusive means of ingress or egress. 4. the employee must have been performing his official functions 3. there is a presumption of aggravation 3. willful intention to injure or kill himself or another.breach of contract or for tort. EXTRA-PREMISES RULE – (or the shuttle 4. The disease was contracted within a period of exposure and under such other factors necessary to contract it. the accident should have occurred at the place of work to be compensable  EXCEPTIONS TO THE DIRECT PREMISES RULE 1.Any harmful change in the human organism from any accident arising out of and in the course of employment.  GROUNDS FOR AN INJURY TO BE COMPENSABLE 1.  INJURY . There is a presumption of compensability 2. payment of compensation made by SSS/GSIS through the State Insurance Fund  DIRECT PREMISES RULE – as a general rule. INGRESS. GOING TO OR COMING FROM WORKwhen the injury occurred when the employee is proceeding to or from his work on the premises of the employer →must be a continuing act and has not diverted therefrom by any other activity and he has not departed from his usual route to or from his workplace and if the employee is on a special errand.  SICKNESS . the employee must have been injured at the place where the work requires him to be 2. 3. 4. the employee must have been executing an order for the employer 4. the injury was not due to the employee’s intoxication. no presumption of compensability 2. bus rule) where the company provides the means of transportation in going to or coming from the place of work is liable to the injury sustained by the employees while on board said means of transportation. WORKMEN’S COMPENSATION ACT 1. there is a need for the employer to controvert the claim within 14 days otherwise he is deemed to have waived the right 4. DEFINITION OF TERMS. SPECIAL ERRAND RULE – injury sustained outside the company premises is compensable if his being out is covered by . The disease was contracted as a result of the employee’s exposure to the described risks.

However as held in NAESS vs. public or private. COMPULSORY COVERAGE ECL applies to all employers. Every employee is covered who is not over 60 years over 60 years of age or over 60 years of age if he had been paying contributions prior to the age of 60  STATE INSURANCE FUND: all covered employers are required to remit to a common fund a monthly contribution equivalent to one percent of the monthly salary credit of every covered employee. Notorious negligence.if as a result of the injury or sickness. the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days  PERMANENT TOTAL . 4.if as a result of the injury or sickness. the injury is compensable when one in the course of his employment is reasonably required to be at a particular place at a particular time and there meets an accident although one which any other person then and there present would have met irrespective of his employment. EXTENT OF LIABILITY Simultaneous recovery under the Labor Code and the Civil Code cannot be made. that is. and to all employees. NLRC. 6.if as a result of the injury or sickness. the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days  PERMANENT PARTIAL . 5. or Unless otherwise provided by the LC  NOTORIOUS NEGLIGENCE –deliberate act of the employee to disregard his own personal safety.  Is death through suicide compensable ? As a rule NO. POSITIONAL AND LOCAL RISKS DOCTRINE – If an employee by reason of his duties is exposed to a special or peculiar danger from the elements. one greater than that to which other persons in the community are exposed and an unexpected injury occurs. Simultaneous recovery under the LC and the SSS can be made as per an advisory opinion dated May 23.  ART 173. The action is selective and the employee may either choose to file the claim under either. intramurals and picnics when initiated or sanctioned by the employer 7. emergency. the employee suffers a ART 170. - CHAPTER VI DISABILITY BENEFITS DISABILITY CATEGORIES:  TEMPORARY TOTAL . 3. outings. 8. Drilon since PD 1921 has lifted the ban on simultaneous recovery. But once the election is made. 1. 2. LIMITATIONS OF LIABILITY NO COMPENSATION can be obtained if the injury. SPECIAL ENGAGEMENT RULE – covers field trips. 1989 of Sec. public or private including casual. the claimant cannot opt for the other remedy. temporary. COVERAGE  - EFFECTIVE DATE OF The employer is covered compulsorily from first day of operation and the employee from the first day of employment  ART 172. . death or disability is a result of the employee’s: Intoxication. The suicide/death is caused by a work related or compensable illness or disease. Any agreement to the contrary is prohibited. DUAL PURPOSE DOCTRINE – allows compensation where a special trip would have to be made for the employer if the employee had not combined the service for the employer with his own going or coming trip. by agreement of the parties 2. the supreme court ruled that a self inflicted death could be compensable if : office order or a locator slip or a pass for official business. FORCE MAJEURE OR AN ACT OF GOD- - CHAPTER II COVERAGE AND LIABILITY  ART 168. Willful intention to injure or kill himself or another. or substitute employees. The employee pays no contribution to the fund.

regardless of whether the disputants stand in the proximate relation of employer and employee. dependent children ( legitimate.permanent partial loss of the use of any part of his body. legally adopted or acknowledged natural child who is unmarried. 000.shall not be limited to the employees of a particular employer.Concerned with the stabilization of relations of employer and employees and seeks to forestall and adjust grievances through . maintaining. charging or arranging the terms and conditions of employment. management. DEFINITIONS  LABOR DISPUTE INCLUDES: 1. -  BENEFITS 1.  LABOR RELATIONS LAW . natural born or legally adopted)  ART. Absent an employer-employee relation.the encouragement of collective bargaining and the settlement of labor disputes through conciliation. Permanent employment . the association or representation of persons in negotiating. parents. for not more than 60 months to the secondary beneficiaries in case there are no primary beneficiaries 3. legitimated.00  THE BENEFICIARIES ARE: PRIMARY BENEFICIARIES a. Illegitimate children and legitimate descendants b. any controversy or matter concerning terms or conditions of employment or 2. fixing. and 3. DECLARATION OF POLICY - If he has not obtained any other: 1.  DEATH BENEFITS The System shall pay to the primary beneficiaries upon the death of the covered employee an amount equal to his monthly income benefit. or because of unfair labor practice SECONDARY BENEFICIARIES a. but not exceeding five. 212. beginning with the youngest and without substitution. there is no labor relations to speak of. legitimate spouse living with the employee 3. in no case shall the total benefit be less that P 15. peaceful land concerted activities including the right to strike in accordance with law. The employee’s organization. mediation and arbitration. for life to the primary beneficiaries. and to participate in policy and decision making processes affecting their rights and benefits as may be provided by law. 2. guaranteed for five years 2. and it ahas been held that the rights of the general public are paramount. grandparents.  DEPENDENTS: 1. Dependent spouse until he remarries b. the public - The public is always to be considered in disputes between labor and capital. collective bargaining and negotiations. Substantially equivalent and 2. legitimated. it shall include any individual whose work has ceased: as a result of or in connection with any current labor dispute. plus ten percent thereof for each dependent child. the legitimate. not gainfully employed and not over 21 years of age or over 21 years of age provided that he is incapable of selfsupport due to a physical or mental defect which is congenital or acquired during minority 2. Labor relations policy under the LC is embodied in Section 3 Article XIII of the 1987 Constitution which guarantees to all workers their right among others to selforganization. the parents of said employee wholly dependent upon him for regular support  PARTIES TO LABOR RELATIONS CASES: 1.  EMPLOYEE. grandchildren BOOK FIVE LABOR RELATIONS TITLE I POLICY AND DEFINITIONS  ART 211. The income benefit shall be guaranteed for five years.

Five (5) divisions of NLRC. in which case it may also be referred to as an affiliate. Sec. Of Labor. NATIONAL LABOR RELATIONS COMMISSION TRIPARTISM . a) organizational right dispute/unfair labor practice ( one who is vested with powers or prerogatives to lay down and execute management policies and /or to hire. NLRC. then consultation should be made with the labor management council. and 2. then they could file with the NLRC a grievance. effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.  LABOR ORGANIZATIONS .  SUPERVISORY EMPLOYEES – are those who.Three (3) sectors are represented in the composition of the NLRC. suspend. union 2. Office of the President)  CONSULTATION ON POLICIES OF MANAGEMENT AND OF THE EMPLOYER What is needed is only consultation or participation.If there is no labor union. overtime pay) c) working conditions ( unrectified working hazards) 2. for collective bargaining. NATIONAL UNION/FEDERATION . in the interest of the employer. 234.If the employees were not given the right to participate. the last say is still with the management 2. PURPOSES OF LABOR ORGANIZATIONS: 1. VAC. . TITLE II NATIONAL LABOR RELATIONS COMMISSION CHAPTER I CREATION AND COMPOSITION  ART. agencies of DOLE (BLR. Labor Standards Disputes : a) compensation (underpayment of minimum wage) b) benefits ( nonpayment of holiday pay. . 1. lay-off.Any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employees concerning terms and conditions of employment. . It may be affiliated with a federation.  INDEPENDENT UNION . Secondary Parties – voluntary arbitrator. recall. for mutual aid and protection. MANAGERIAL EMPLOYEE . it is still the management prerogative that prevails . transfer. 213.any labor organization with at least 10 locals/chapters or affiliates each of which must be a dully certified or recognized collective bargaining agent.any labor organization operating at the enterprise level whose legal personality is derived through an independent action for registration prescribed under Art. national or industry union. employees. Primary Parties – employer.  LEGITIMATE WORKER’S ASSOCIATION – any workers association as defined herein which is duly registered with the Department of Labor. restraint or interference in unionization efforts) b) representation disputes c) bargaining disputes ( refusal to bargain ) d) contract administration or personnel policy disputes (noncompliance with CBA provisions) e) employment tenure disputes f) ( non regularization of employees) PARTIES TO A DISPUTE: 1. Labor Relations Disputes . assign or discipline employees. discharge.each division (3 commissioners) will have representative from the following :  TYPES OF LABOR DISPUTES 1.  WORKER’S ASSOCIATION any association of workers organized for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining. The employees need not agree.

must be a member of the Philippine Bar. COMMISIONERS. 263.R. must have experience or exposure in handling labor management relations for at least 15 years. The failure of the petitioner to file a motion for reconsideration of the decision of NLRC before filing a petition for certiorari has in certain instances been held not to be a fatal omission. employer and management sector 2. Contempt cases. aside from the increased number of its component divisions. 2. 3.The Chairman and Commissioners of the NLRC are not subject to confirmation by the Commission on Appointments THE NLRC ONLY SITS EN BANC FOR PURPOSES OF: 1.vis labor disputes which are primarily governed by labor laws. a. must have been engaged in the practice of law in the Philippines for at least 7 years. even in the  CASES WERE THE NLRC HAS APPELLATE JURISDICTION: 1. . and 4. Cases decided by the Regional Offices of DOLE in the exercise of its adjudicatory function under Art 129 of the Labor Code  QUALIFICATIONS OF THE CHAIRMAN AND THE COMMISSIONER 1. must have experience or exposure in handling labor management relations for at least 3 years. Petitions for certiorari against decisions of the NLRC should henceforth be initially filed with the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired. Cases decided by labor arbiters under Art 217b and Sec 10 RA 8012(Migrant Workers Act) . - -  CASES WERE THE NLRC HAVE EXCLUSIVE AND ORIGINAL JURISDICTION: 1. Injunction cases under Art. NLRC G. The SC noted that the CA is procedurally equipped to resolve unclear or ambiguous factual finding. must have been engaged in the practice of law in the Philippines for at least 15 years. - CHAPTER II POWERS AND DUTIES  ART 217. promulgating rules and regulation governing the hearing and disposition of cases before any of its divisions and regional branches. Choice of the Sec. Labor cases are not subject to Barangay Conciliation since ordinary rules on procedure are merely suppletory in character vis-a. its - The Commission may only sit en banc for the determination of policies and NOT for purposes of adjudication. 2. within 30 calendar days after the submission of the case by the parties for decision without extension. formulating policies affecting administration and operations. 130866) Findings of facts of a labor tribunal are accorded the utmost respect by the courts and are well-nigh conclusive if supported by substantial evidence. preferably a resident of the region where he is to hold office. AND LABOR ARBITERS: until they reach the age of 65 unless removed for causes as provided by law or become incapacitated to discharge the function of his office.  THE QUALIFICATIONS OF EXECUTIVE LABOR ARBITERS 1. 3. Martin Funeral Homes vs. Cases certified to it for compulsory arbitration by the Secretary of Labor under Art.1. 2. and 3. Of Labor coming from the public sector 2. -  TERM OF OFFICE OF THE CHAIRMAN. 218 and 264. Except as otherwise provided under this Code the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide. (St. JURISDICTION OF LABOR ARBITERS AND THE COMMISSION. labor 3. No. and 2. must be members of the Philippine Bar.

Posting of a bond -  ART 218. If accompanied with a claim for reinstatement.00 regardless of whether accompanies with a claim for reinstatement. a hearing after due and personal notice has been served in such manner as the Commission shall direct. exemplary and other forms of damages arising from employeremployee relations. association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof.Monetary claims of overseas contract workers under the Migrant Workers Act of 1995. Power to issue injunctions and Restraining Orders  REQUISITES BEFORE RESTRAINING ORDER/ INJUNCTION MAY ISSUE: 1. rates of pay. Power to issue compulsory processes c. POWERS OF THE COMMISSION  POWERS OF THE NLRC:  REQUISITES BEFORE TRO MAY BE ISSUED EX PARTE: . including questions involving the legality of strikes and lockouts. 3. Except claims for Employees Compensation. the following cases involving all workers. but no injunction or temporary restraining order shall be issued on account of any threat.absence of stenographic notes. Claims for actual.000. Termination disputes. to all known persons against whom the relief is sought and also to the Chief Executive or other public officials of the province or city within which the unlawful acts have been threatened or committed charged with the duty to protect the complainant’s property 3. The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. except against the persons. b. involving an amount exceeding P5. Medicare and maternity benefits. filing of a verified petition 2. those cases that workers may file involving wages. 5. whether agricultural or non-agricultural: 1. reception at the hearing of the testimony of witnesses with opportunity for crossexamination. and 6. Cases arising from any violation of Art 264 of this Code. The labor arbiter and the NLRC have no jurisdiction over claims filed by employees against international agencies such as IRRI. WHO etc. all other claims arising from employer-employee relations. Cases arising from the interpretation or implementation of CBA and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration. hours of work and other terms and conditions of employment. a. c. The labor arbiter has jurisdiction over the claims of employees against GOCCs if the latter does not have an original charter and has been incorporated under the Corporation Code. 4. Power to investigate matters and hear disputes within its jurisdiction d. 2. a finding of fact of the Commission to the effect that : a) prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained. Social Security. or unlawful act. 7. prohibited. 5. b) That substantial and irreparable injury to the complainant’s property will follow c) That as to each item of relief to be granted. Rule-making power b. Contempt power e. greater injury will be inflicted upon complainant by the denial of the relief than will be inflicted upon the defendants by the granting of the relief d) That complainants has no adequate remedy at law e) That public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection. including those of persons in domestic or household service. moral. in support of the allegations of the complaint made under oath as well as testimony in opposition thereto 4. Unfair labor practice cases.

4. 221. There is testimony under oath. PURPOSE: for the employee’s protection for the labor arbiter before whom the case is pending would be in a better position than just any labor arbiter to personally determine the voluntariness of the agreement and certify its validity. 6.Arbiters  Art 219. EXCEPTIONS : Non-Lawyers can appear ONLY in the following instances: 1. The complainant shall first file an undertaking with adequate security in an amount to be fixed by the Commission sufficient to recompense those enjoined for any loss. g) Labor Arbiters (ART. or any Labor Arbiter. APPEARANCES AND FEES  APPEARANCE OF NON-LAWYERS BEFORE THE COMMISSION: GENERAL RULE: ONLY lawyers can appear before the NLRC. 217) NLRC Regional Directors Med. for any information or date concerning any matter or question relative to the object of the investigation  ART. ship. The TRO shall be effective no longer than 20 days and shall become void at the expiration of said 20 days counted from the date of the posting of the bond. or 3. Laborer. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO AMICABLE SETTLEMENT An amicable settlement of a labor dispute should be approved by the labor arbiter before whom the case is pending after being satisfied that it was voluntarily entered by the parties and after having explained to them the terms and consequences thereof. together with a reasonable attorney’s fee. and 4. unless a TRO shall be issued without notice. 2. including all reasonable costs. to the  ART 222. RES JUDICATA applies only to judicial or quasi-judicial proceedings and not exercise of administrative powers. -  THE FF. and b. Ask any employee. CAN ISSUE INJUNCTIONS/ TRO IN LABOR DISPUTES 1. a substantial and irreparable injury to complaint’s property will be unavoidable. place or premises. building. material. if they represent themselves. and expense of defense against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission.1. 3. the hearings and judgment rendered by the labor arbiter are null and void. including any work. any Commissioner. ATTORNEY’S FEES: The maximum amount to be given a lawyer is 10% of the monetary benefits awarded to the employees excluding the award for moral and exemplary damages shall not be included. expenses or damage caused by the improvident or erroneous issuance of such order or injunction. labor Arbiter or their duly authorized representatives may. if they represent their organization or members thereof. machinery. The procedural and substantial requirements of Art 218 (e) must be strictly complied with before an injunction may issue in a labor dispute. if he is a duly-accredited member of the legal aid office duly recognized by the DOJ of IBP in cases referred thereto by the latter. 5. Conduct an ocular inspection on any establishment. 2. 3. is sustained. OCULAR INSPECTION The Chairman. or 2. g) Secretary of Labor (ART. 263. Moral and exemplary damages and other benefits that employee receives when he is working are excluded. President (ART. The complainant shall allege that. appliance or any object therein. to justify the Commission in issuing a temporary injunction upon hearing after notice . In the absence of service of summons or a valid waiver thereof. implement. at anytime during working hours: a. This article prohibits the payment of attorney’s fees only where the same is effected through forced contributions from the workers form their own funds as distinguished from the union funds. 263. or any person as the case may be - . sufficient.

order or award was secured through fraud or coercion. 4. It is the policy of the state to settle expeditiously labor disputes. the decision of the labor arbiter ordering the reinstatement of a dismissed or separated employee shall immediately executory insofar as the reinstatement aspect is concerned and the posting of an appeal bond by the employer shall not stay such execution. 4. the remedy of the employee is not a petition for mandamus by a motion to dismiss appeal. In case of monetary award. Failing to exercise any option may be compelled under pain of contempt and the employer may be made to pay instead the salary of the employee. File a verified memo of appeal within the required period of appeal. - Where the employer failed to post a bond to perfect its appeal. Sunday or legal holiday.  OPTIONS OF THE EMPLOYER TO IN COMPLYING WITH AN ORDER OF REINSTATEMENT WHICH IS IMMEDIATELY EXECUTORY: 1. Martin Funeral’s Home) . including graft and corruption. Where the 10th day falls on a Saturday.  APPEAL FROM THE DECISION OF THE NLRC: appeal by certiorari should be filed with the Court of Appeals(St. DECISIONS OF THE REGIONAL DIRECTOR: .within 10 calendar days from the receipt of the decision. If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant. the employer should file a bond corresponding to the monetary award excluding awards for moral.  EXECUTION PENDING APPEAL: -  PERIODS WITHIN WHICH TO APPEAL: A.  A petition for relief from the decision of the labor arbiter must strictly comply with 2 reglementary periods: 1. 223. - IS THE PERIOD OF APPEAL EXTENDIBLE? NO. Appeal fee of P110. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Compulsory Arbitrator. B. exemplary damages and attorney’s fees. There is no need for the arbiter to issue a writ of execution on the reinstatement order as it is self-executory (Pioneer Texturizing Case). The period of appeal to cases decided by the regional Director and the Labor Arbiter is NEVER extendible.  REQUISITES BEFORE APPEAL TO THE NLRC IS DEEMED PERFECTED: 1. and 2.petitions filed beyond said period will no longer be entertained. If made purely on questions of law. The appeal must be under oath and must state specifically the grounds relied upon and the supporting arguments. If the decision. 2. He can reinstate the employee merely in the payroll. DECISIONS OF THE LABOR ARBITER: . The intention of the lawmakers is to make the bond an indispensable requisite for the perfection of an appeal by the employer. The petition must be filed within 60 days from knowledge of the judgment. 3. the appeal may be filed on the next business day. Furnish the other party with a copy of the memo of appeal (proof of service). He can admit the dismissed employee back to work under the same terms and conditions prevailing prior to his dismissal or separation or to a substantially equivalent position if the former position is already filled up. 2. Within a fixed period of 6 months from entry of such judgment.within 5 calendar days from receipt of the order. 2. Tardiness of an appeal form the decision of the labor arbiter may be considered as a mere procedural lapse. APPEAL  GROUNDS FOR APPEAL: 1.- CHAPTER III APPEAL  ART. . 3.

agricultural. to determine the existence of an employer-employee relationship (MY San Biscuits. the Med-Arbiter has the authority.includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union. ART 224.UNION DISPUTES . The complaint must be signed by at least 30% of the entire membership of the union.O. INVOLVING ENTIRE MEMBERSHIP 1. 22 April 1991). The maintenance of a file of CBAs. mediation and voluntary arbitration functions of the BLR (E. relations in all workplaces whether agricultural or non.UNION DISPUTES .union conflicts 2. - TITLE III BUREAU OF LABOR RELATIONS  ART. grievances or problems arising from or affecting labor. the complaint should be signed by at least 30% of the membership of the union. -  DETERMINATION OF EMPLOYEREMPLOYEE RELATIONSHIP: since the BLR has the original and exclusive jurisdiction to decide inter alia.union conflicts 3. 126) . original and exclusive. Necessarily.  NATIONAL CONCILIATION MEDIATION BOARD: - AND has absorbed the conciliation. B. 226 BUREAU OF LABOR RELATIONS  EXCLUSIVE AND ORIGINAL JURISDICTION OF THE BLR: 1. It also includes all other conflicts which legitimate labor. Such being the case. 2. 2. The immediate execution of judgment should be undertaken only when the monetary award had been carefully and accurately determined by the NLRC and only after the employer is given the opportunity to be heard and to raise objections to the computation. The foregoing may upon its own initiative or on motion of any interested party. No. all disputes.  ADMINISTRATIVE FUNCTIONS OF THE BLR: 1. the Med-Arbiter or the Voluntary Arbitrator shall be final and executory after 10 calendar days from receipt thereof by the parties. organizations may have against each other based on any violation of their rights as labor organizations. the Bureau or Regional Director the Labor Arbiter. RE : Imposition of fees by the union – does it affect the entire membership? YES. It must also show exhaustion of administrative remedies. v Laguesma G. intra. the Commission. and 3. inter. ORDER. 9511. issue a writ of execution on a judgment within 5 years from the date it becomes final and executory. The keeping of a registry of labor unions. all disputes. grievances or problems arising from or affecting labor-management relations in all workplaces. The regulation of registration of the labor unions. Inc. in the exercise of this jurisdiction over labor-management relations.refers to questions involving or arising out of a representation disputes between or among the different unions.R. OR AWARDS The decision of the Secretary of Labor. EXECUTION OF DECISIONS.  INTRA.  CASES WHERE THE BLR HAS NO JURISDICTION: Those arising from the implementation or interpretation of collective bargaining agreements which shall be subject of grievance procedure and/or voluntary arbitration.  SPECIAL REQUIREMENT AS TO THE FILING OF CASES: A. It also includes any violation of the rights and conditions of union membership provided for in the Labor Code. INVOLVING A MEMBER ONLY: In such case only the affected member may file the complaint.

 ART. it shall be final and binding between the parties. if the compromise agreement was entered into with the assistance of DOLE. Names of all the members and the number of employees in the bargaining unit. Bureau of Labor Relations of any representative of the DOLE. Written application verified by the Secretary/Treasurer. attested to by the President. It must be with the assistance of the Bureau of Labor Standards. otherwise. 3. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them. state in the application that it is filed within the freedom period. 234. REQUIREMENT OF REGISTRATION  LABOR ORGANIZATION. it is highly impressed with public interest for it is an essential instrument to promote industrial peace. An unregistered CBA certification election. 227. REGISTRY OF UNIONS AND FILE OF COLLECTIVE AGREEMENT The CBA is more than a contract. If there is an existing collective bargaining agreement duly submitted to the DOLE. 2. f. or b. Four (4) copies of the constitution and by-laws. b. h. 2. does not bar -  ART 233. The quitclaim must be voluntarily arrived at by the parties. It shall be accompanied by the following attachments : a. in case of non compliance with the compromise agreement. Minutes of the resolution of the constitution and by-laws and the list of members who participated in the bargaining unit concerned. d. and 3. or coercion in such cases.of dealing with employers concerning the terms and conditions of employment.  PURPOSE OF FORMATION OF LABOR UNIONS: for securing a fair and just wages and good working conditions for the laborers. PRIVILEGE COMMUNICATIONS Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission.00. Minutes of the organizational meetings. Annual Financial Report ( if the applicant has been in the existence for at least one year). List of workers who participated in the organizational meetings. misrepresentation. EXCEPT: a. if the compromise agreement was entered into without the assistance of DOLE. if there is prima facie evidence that the settlement was obtained through fraud. Non-existence of CBA. Names of members comprising at least 20% of the employees in the bargaining unit where it seeks to operate. it is valid and binding between the parties but the parties can still go to the NLRC and repudiate the agreement.A labor organization is any union or association of employees which exists in whole or in part for the purpose : . CHAPTER I REGISTRATION AND CANCELLATION  ART. if one exist. COMPROMISE AGREEMENTS  REQUIREMENTS OF A VALID QUITCLAIM: 1.of collective bargaining or . e. - TITLE IV LABOR ORGANIZATIONS . Registration fee in the amount of P50. and i. c. Names of the officers and their addresses. and for the protection of labor against the unjust exactions of capital -  REQUIREMENTS BEFORE A LABOR ORGANIZATION CAN BE REGISTERED WITH THE BUREAU OF LABOR RELATIONS: 1. the NLRC of the courts can assume jurisdiction. g. The consideration must be reasonable. a sworn statement that the -  ART 231.

Aside from the application. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. existing CBAs would no longer be valid as there would no longer be any labor organization given by law the right to administer the CBAs. If the union is independently registered. MANDAMUS is the proper remedy for the unjustified refusal of the Bureau in approving the application and the corresponding issuance of a certificate of registration. Proof of affiliation of at least 10 locals or chapters. However. to be submitted with the BLR. a duly recognized collective bargaining agent in the establishment of b. The procedure of affiliation would depend on whether the union is individually registered or not.application for registration is filed during the last 60 days of the agreement. it being a ministerial duty. On the other hand. 2. including the following: 1. if the union Is not independently registered. The federation is not actively involved in union affairs in the company and b. all of which must be certified by the Secretary/Treasurer and attested to by the President.  Can a local union affiliate with a federation? If so. it would cease to be a legitimate labor organization and would therefore no longer have the legal personality and the rights and privileges granted by law to legitimate organization. On the other hand. supporting the registration of such applicant federation or national union. which must be accompanied with the requirements for registration of a labor registration. each of which must be : a.  Can a union of supervisory employees affiliate with a national federation of labor organizations of rank and file employees ? YES. existing CBAs would continue to be valid as the labor organization can continue administering the CBAs. If the labor union is independently registered. associations or unions. the affiliation is by signing a contract of affiliation with the labor union and the registration of such contract with the BLR. and the possession or the rights and privileges granted by law to legitimate labor organizations  FEDERATION is an association of national unions. Statement of the set of officers and books of accounts. affiliation is done by the application of the union with the federation so it may be issued a charter certificate.  EFFECT OF DISAFFILIATION WITH EXISTING CBAs: →IT DEPENDS. REASON FOR REQUIREMENT OF REGISTRATION – it is a condition sine qua non for the acquisition of legal personality by labor organizations. if the labor union is not independently registered. . how? YES. provided that: a. upon disaffiliation. then the labor organization is entitled to the union dues and not the federation from which the labor organization disaffiliated. the disaffiliation of the union would not affect its being a legitimate labor organization and therefor would continue to have the rights and privileges of a legitimate labor organization as well as the legal personality as such. if the labor union is not independently registered. the application should also be accompanied by the following: 1. The rank and file employees are not directly under the control of the supervisors  REQUIREMENTS BEFORE FEDERATION CAN BE ISSUED CERTIFICATE OF REGISTRATION: A A  EFFECTS WHEN A LOCAL UNION DISAFFILIATE: →IT DEPENDS. Copies of its constitution and by-laws  ENTITLEMENT TO UNION DUES IN CASE OF DISAFFILIATION: If the labor union is independently registered. 2. If the labor union is independently registered.

-  ART 239. and b. . The exception will only apply if it is not prohibited by the constitution and by-laws of the federation of national union. CANCELLATION REGISTRATION. on grounds of: a.election of officers.minutes of the election of officer and the list of voters.within 30 days after the closing of every fiscal year and misrepresentation. Asking for or accepting attorney’s fees or negotiation fees from the employers.the adoption or ratification of the constitution and by-laws or amendments thereto. if the labor union is not independently registered. Failure to submit a list of individual members of the Bureau once a year or whenever required by the Bureau. APPEAL OF 7. APPEAL Decisions of the BLR denying the registration of a labor organization is appealable to the Secretary of Labor within 10 calendar days from appeal to the Secretary of Labor within 10 calendar days on the grounds of: 1. 8.within 30 days from election Failure to submit the annual financial report to the Bureau . Acting as a labor contractor or engaging in the “cabo” system. 3.- On the other hand. The certificate of registration of any legitimate labor organization shall be cancelled by the BLR if it has reason to believe. False statement or Fraud in connection with: . then union dues may no longer be collected as there would no longer any labor union who is allowed to collect such union dues from the employees. 9. DENIAL OF REGISTRATION. and Failure to comply with the requirements under Articles 237 and 238. GROUNDS FOR OF UNION  REMEDY IN CASE THE BUREAU SHOULD CANCEL THE REGISTRATION OF THE UNION: . If not within the freedom period. and . Other than for mandatory activities under this Code. false statement or fraud in connection with the: . that the said labor organization no longer meets one or more of the requirements herein prescribed. Failure to submit the document mentioned in the preceding paragraph CHAPTER II RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION . CANCELLATION REGISTRATION.the list of members who took part in the ratification. 2. grave abuse of discretion or 2.  ART 236. Misrepresentation. - Appeal may be filed within 15 days from receipt of the decision to the Secretary of Labor.the minutes of ratification. after due hearing. Provided it is independently registered otherwise it loses its personality. 6. within 30 days from adoption or ratification of the constitution and by-laws or amendments thereto. the final remedy is a petition for certiorari to the SC under Rule 65.  ART the preparation of the financial report itself. gross incompetence on the part of the Bureau Should the office of the Secretary affirm the decision of the Bureau. Rules of Court. . gross incompetence 5. Entering into collective bargaining agreements which provide terms and conditions of employment below minimum standard established by law. or failure to submit these documents together with . - 4. Misrepresentation. can be done only with the consent of the majority of the workers. or otherwise engaging in any activity prohibited by law.  GROUNDS FOR CANCELLATION OF UNION REGISTRATION: 1. checking off special assessment or any other fees without duly signed individual written authorization of the members. grave abuse of discretion. A union can affiliate anytime but disaffiliation can be done only during the freedom period.the list of the newly elected/appointed officers and their postal addresses . false entries and fraud . 10.

the REQUIREMENTS when it comes to special assessment are as follows: 1. In general. 241(o). the approval must be at a general membership meeting duly called for the purpose -  REQUIREMENTS OF THE LAW WITH REGARDS TO CHECK-OFFS Art. EXCEPTIONS : 1. The secretary of the organization shall record the minutes of the meeting including: the list of all members present. The implementing rules require that the remedies be exhausted within the union before a complaint for any violation of the union’s constitution and by-laws may be filed. and 2. there must be a written resolution authorized by a majority of the members at a general meeting called for the purpose. registration fees or any other extraordinary fees may be checked off from any amount due an employee. WITHOUT an individual written authorization duly signed by the employee. 241(f)).-  ART. Subversives or those engaged in subversive Activities. For mandatory activities provided under the Code. beneficiary of the deduction. Other than MANDATORY ACTIVITIES under Code. The record President. (Art. Therefore. the amounts due to the union for fees. When non-members of the union avail of the benefits of the CBA. a union is free to select its own members. Check-off – there must be individual written authorization of the members. attorney’s fees.only by a Board Resolution approved by majority of the members in a general meeting called for the purpose EXCEPTION to the Requirement of Individual Written Authorization: NATURE AND PURPOSE OF CHECK-OFF . for the - NO special assessment. the purpose of the assessment or fees. 241. the resolution must have been approved by a majority of all the members 3. purpose and c.  CHECK-OFF is a method of deducting from an employee’s pay at prescribed period. The authorization should specifically state the: a. shall be attested by the -  PERSONS WHO ARE PROHIBITED FROM BECOMING MEMBERS OF A LABOR ORGANIZATION UNDER THE LABOR CODE: 1. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION  REQUIREMENTS IN MAKING SPECIAL ASSESSMENT Art. the votes cast. there must be a written resolution 2. In Special Assessment. No special assessment or other The law does not require individual written authorizations from the employees when it comes to fees for mandatory activities under the Labor Code. extraordinary fees may be levied upon the members of a labor organization: UNLESS authorized by a written resolution of a majority of all the members at a general membership meetings duly called for the purpose. Those who have been convicted of a crime involving moral turpitude. . amount b. 2. 241(n). -  REQUIREMENTS BEFORE A CHECKOFF MAY BE DONE: Individual written authorizations of the employees are required before a check-off may be validly done. fines or assessment.said non-members may be assessed union dues equivalent to that paid by members . and no person has an absolute right to membership in a trade union.

Rights Over Money Matters is the right of the members: a. they can bargain with the government concerning the terms . g. Exempted from taxes 2. 243. CHAPTER III RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS  ART. mass leaves. then employees are covered by the Labor Code. 5. 6. GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITHOUT CHARTER 1. against unauthorized collection of contributions or unauthorized disbursements c.The GOCC is created under Corporation Code.laws b. Deliberative and Decision-Making Right is the members right to participate in deliberations on major policy questions and decide them by secret ballot. They are enjoined by Civil Service Memorandum Circular No. Right to Information is the member’s right to be informed about: a. GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITH A CHARTER 1. f.  EFFECT OF CANCELLATION OF REGISTRATION IN THE COURSE OF PROCEEDINGS. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS  RIGHTS OF A LEGITIMATE LABOR ORGANIZATION: 1. under pain of administrative sanctions. 4. subject however to the understanding that whatever decision may be rendered therein will only be binding upon those members of the union who have not signified their desire to withdraw from the case before its trial and decision on the merits. 2. 3. from staging strikes. demonstrations.- to facilitate the collection of dues necessary for the union’s life and sustenance. 2. the collective bargaining agreement c. Employees cannot stage strikes since they are governed by the Civil Service Law. TITLE V COVERAGE  ART. Therefore the employees have the same rights as those as employees of private corporations. the organization’s constitution and by. 241) 1. 3. Political right is the right of the members to vote and be voted for. e. one of which is the right to stage strikes. against excessive fees b. Where a labor union is a party in a proceeding and later it loses its registration permit in the course or during the pendency of the case. Undertake activities for benefit of members Sue and be sued Exclusive representative of all employees Represent union members Furnished by employers of audited financial statements 6. walkouts and other concerted activities. Own properties 7. being governed by the Labor Code. to require adequate records of income and expenses to access financial records to vote on officers compensation to vote on special assessment to be deducted a special assessment only with the member’s written authorization. 2. such union may continue still as a party without need of substitution of parties.Corporations with original charters cannot bargain with the government concerning the terms and conditions of their employment. about labor laws d. subject to lawful provisions on qualifications and disqualifications. The GOCC is created under Corporation Code. 242. COVERAGE AND EMPLOYEE’S RIGHT TO SELF –ORGANIZATION 4.  GENERAL GROUPINGS OF THE RIGHTS OF THE UNION MEMBERS: (Under Art.

annual medical/physical examination 9.revision of compensation structure .ORGANIZATION: 1. Those which require appropriation of funds. terms of employment are not fixed by law 3. 5. social. Those that involve the exercise management prerogatives. 3. such as : of  EMPLOYEES COVERED BY RIGHT TO SELF. join or assist labor organization for purposes not contrary to law. increase in salary emoluments and other allowance not presently provided for by law b. provision for first-aid medical services for married women 8. such as : a. 3. facilities requiring capital outlays c. Study grants . schedule of vacation and other leaves work assignment of pregnant women personnel growth and development communication system – lateral and vertical provision for protection and safely provision for facilities for handicapped personnel 7. 4.selections of personnel to attain seminar. travel expenses h. increase in retirement benefits 2. however. 6. Commercial Industrial Agricultural enterprises. firemen and jail guards. CODE ALLOWED TO ORGANIZE: 1. 4. and conditions of their employment.assignments/details . Thus. 3. 2. they are not involved in public service 2. they are governed by the provisions of the Labor Code not by the Civil Service Law  THE FOLLOWING ARE CONSIDERED NEGOTIABLE IN GOCC WITH ORIGINAL CHARTER: 1. 2. Can form. provident fund e. special hospitalization. Self. trainings. including: charitable religious education or medical institution THE  EMPLOYEES WITH LIMITED RIGHT TO SELF. 5. medical and dental services f.external communication linkages Government employees and employees of government-owned and controlled corporations with original charters may bargain. including police officers. policemen. 3.penalties imposed as a result of disciplinary actions . Members of the Armed Forces of the Philippines. recreational. rice/sugar/other subsidies g.  RATIONALE : GOCCs INCORPORATED UNDER THE CORP. they can negotiate with the government on those terms and conditions of employment which are not fixed by law.ORGANIZATION: 1.However. Can only form.promotion . such bargaining power is limited.  EMPLOYEES WHO ARE NOT GRANTED THE RIGHT TO SELFORGANIZATION: 1.distribution of work load . Thus.reclassification/upgrading of position . car plan d. join or Assisi labor organization for purposes of CBA. appointments . they have a limited bargaining rights. they have an unlimited bargaining rights. High-level employees .employed Without definite employers Ambulant Intermittent and Itinerant Rural worker they have the right to self-organization but only for their mutual aid and protection. 2. athletic and cultural activities and facilities (Rules implementing WO 180)  THE FOLLOWING ARE CONSIDERED NOT NEGOTIABLE : 1. etc. 3. 2.

Any act intended to weaken or defeat the right is regarded by law as an offense. join and assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and b. The employer is not assured of such protection if these employees themselves are union members.” TITLE VI UNFAIR LABOR PRACTICES CHAPTER I CONCEPT  ART. are inimical to the legitimate interests of both labor and management. sections 3-4) Government employees occupying high positions Employees of international organizations with immunities Confidential employees Cooperative members who are also employees Foreigners validly working in the Philippines can form labor organizations. HOWEVER: Final judgment in administrative proceedings shall not binding in the criminal case nor shall considered as an evidence of guilt merely as a proof of compliance of requirements prescribed by the Code. hinder the promotion of healthy and stable labor-management relations. the same right to form. including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect. disrupt industrial peace and 4. Reason for ineligibility – in the collective bargaining process. To engage in lawful concerted activitiesfor the same purpose for their mutual aid and protection  ART 245. managerial employees are supposed to be on the side of the employer. 3. violate the constitutional right of workers and employees to self-organization. to act as its representatives.  PRESCRIPTIVE PERIOD FOR FILING CRIMINAL AND CIVIL CASES FOR ULP: The prescriptive period of filing ULP cases whether it be civil or criminal is one year from the accrual of the ULP act. - whose functions are normally considered as policy-making or managerial whose duties are of a highly confidential or highly technical in nature ( EO 180. To form. discriminate against. coerce. which is technically called “unfair labor practice. This embodies the principle of reciprocity. provided. 1. 6. 246) - Prerequisite for filing criminal case: final judgment in the administrative proceeding finding that ULP has been committed CHAPTER II UNFAIR LABOR PRACTICES . join or assist in the formation of labor unions is also given to Filipinos in their country of origin. RIGHT OF SUPERVISORY EMPLOYEES. or unduly interfere with employees and workers in their exercise of the right to self-organization. 247 UNFAIR LABOR PRACTICES  NATURE PRACTICES: OF UNFAIR LABOR  Extent of the Right to SelfOrganization a. 246. “THE RIGHT TO SELF-ORGANIZATION SHALL NOT BE ABRIDGED” MEANS: It shall be unlawful for any person to: restrain.3. the be be but the -  ART. 5. The prescriptive period for the criminal case is suspended once the administrative case has been filed and would only continue running once the administrative case has attained finality. 2. and to see to it that its interests are well protected. INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY LABOR ORGANIZATION. (Art. 4.

248 (e ): (DISCRIMINATION) 1. It is only ULP when the following conditions exist: 1. 2. It prohibits discrimination in terms and conditions of employment in order to encourage or discourage membership in the union. To initiate. including the giving of financial or other support to it or its organizers or officers. the service contracted. To discriminate in regard to wages.shall withdraw from one to which he belongs.shall not join a labor organization or . the exercise of their right to selforganization. .  PRINCIPLES OF ARRANGEMENTS: UNION SECURITY  TEST OF DISCRIMINATION: a. It is entered into without consideration for employees waive their right to selforganization Employees are coerced to sign contracts disadvantageous to their family. To interfere with. 3. and other terms and conditions of employment in order to encourage or discourage membership in any labor organization . 8. discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code. or attempt to foster. dominate. then it is a valid exercise of management prerogative. To violate a collective bargaining agreement. SECURITY ARRANGEMENTS are stipulations in the CBA requiring membership in the contracting union as a condition for employment or retention of employment in the company. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other disputes. such contracting-out interferes with. 7. whenever benefits or privileges given to one is not given to the other under similar or identical conditions b. or 9. To contract out services or functions being performed by union members when such will interfere with. restrains. 2. 4. -  YELLOW DOG CONTRACT: A promise exacted from workers as a condition employment that they are not to belong to. NOTE: violation must be gross and with respect to the economic provision of the CBA 1. Protection. It allows an agency shop arrangement whereby agency fees may be collected from non-union members. It is contrary to public policy for it is tantamount to involuntary servitude. 248 (c ) mean that an employer cannot contract out work? NO. Contracting out services is not ULP per se. or coerce employees in the exercise of their right to selforganization. ULP THAT MAY BE COMMITTED BY AN EMPLOYER 1.out are being performed by union members. restrain or coerce employees in the exercise of their right to selforganization. restrain or coerce employees . when the contractingout is being done to minimize expenses. hours of work. To dismiss.  THREE COMPONENTS OF ART. It gives validity to union security agreements. To shield union members from whimsical and abusive exercise of management prerogatives. To require as a condition for employment that a person or an employee . An additional membership will insure additional source of income 2. - HOWEVER. a union during their period of employment. assist or otherwise interfere with the formation or administration of any labor organization. when directed to encourage or discourage union membership 6. To violate the duty to bargain collectively as prescribed by this Code. and 2. 5.  Does Art. Benefits.OF EMPLOYERS  ART 248.

It strengthens the union through selective acceptance of new members on the basis of commitment and loyalty. UNION – SHOP AGREEMENT -stipulation whereby any person can be employed by the employer but once employed such employee must. Self-preservation. b. 2. The employer has the right to satisfy itself that there are sufficient bases for the request of the union. 5. to the union in the form of union dues and special assessment.  DIFFERENT KINDS OF SECURITY ARRANGEMENTS: 1. a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership. 3. . MAINTENANCE OF MEMBERSHIP CLAUSE . Cannot be applied to employees who are already employees of the rival union nor to the employees based on their religious beliefs. union activities without contributing to union support to prevent a situation of non-union members enriching themselves at the expense of union members. AGENCY SHOP AGREEMENT . PREFERENTIAL SHOP AGREEMENT The employer agrees to give preference to the members of the bargaining union in hiring or filing vacancies and retention in case of lay-off. 2.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. To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value. for services which are 4. It must be expressed in a clear and unequivocal way so as not to leave room for interpretation because it is a limitation to the exercise of the right to self-organization. become a member of the contracting union and remain as such in good standing for continued employment for the duration of the CBA. It can only have prospective application and cannot be applied retroactively. 4. This is directed against “FREE RIDER” employees who benefit from  THE REQUIREMENTS FOR A VALID UNION OR CLOSE SHOP AGREEMENT (SO THAT THE EMPLOYER CAN TERMINATE THE EMPLOYEE FOR VIOLATION OF SAID AGREEMENT): 1. .the employer undertakes not to employ any individual who is not a member of the contracting union and the said individual once employer must. in the nature of an exaction. To cause or attempt to cause an employer to discriminate against an employee. To restrain or coerce employees in the exercise of their right to self-organization. descendants (children) are also given preference in employment. d.3. However. for the duration of the agreement.SHOP AGREEMENT . within a specific period. Usually. 249. including discrimination c. Can only be exercised by giving the employee his right to due process. UNION CLOSED.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 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. To violate the duly or refuse to bargain collectively with the employer provides that it is the representative of the employees.Any doubt must be resolved against closeshop. But the employer has the right to hire in open market if union members are not available. The termination of the employee is not automatic upon the request of the union. remain a member of the union in good standing as a condition for continued employment. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS a. 3. CHAPTER III UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS  ART.

In case of differences. 7. TITLE VII COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS  ART 250.not performed or not to be performed.(CBA) – negotiated contract between a legitimate labor organization and the employer concerning : . hours of work and other terms and conditions of employment and the settlement of disputes by negotiation between an employer. Written notice with statement of proposals 2. members of the government board. The Express Will or Desire Employees (Globe Doctrine). as when a union demands that the employer maintain personnel in excess of the latter’s requirements  MANDATORY PROVISIONS OF THE CBA: 1. concerning wages. The Substantial and Mutuality Factor. Agents and officers who participated or authorized or ratified the act. including the demand for a fee for union negotiations. 5. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT  BARGAINING UNIT. representatives.  PERSONS CIVILLY LIABLE FOR ULP: 1.conditions of employment in a bargaining unit. officers and agents  PERSONS CRIMINALLY LIABLE FOR ULP: 1.  FOUR FACTORS IN DETERMINING THE APPROPRIATE BARGAINING AGREEMENT: 1.  COLLECTIVE BARGAINING AGREEMENT.  COLLECTIVE BARGAINING –negotiation by an organization or group of workmen. the parties may go to where they want and resort to any other lawful means. or f. 4. . including ordinary members  FEATHERBEDDING . Labor organization. Agents. wages hours of work grievance machinery voluntary arbitration family planning rates of pay mutual observance clause In addition. 3. with the employer. consistent with equity to the employer. NOTE: Violation must be gross with respect to economic provisions of the CBA. 6. in behalf of its members. 3.temporary of the  PROCEDURE IN COLLECTIVE BARGAINING: 1. including mandatory provisions for grievances and arbitration machineries. If not resolved. 4. To violate a collective bargaining agreement.indicate to be best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provision of the law. .wages. Officers and agents of employer 2. e. 2. the Bureau requires that the CBA should include a clear statement of the terms of the CBA. Prior Collective Bargaining History. in the nature of exaction. Employment Status. either party may request for a conference Interest .a group of employees of a given employer. Reply by the other party 3. for services which are not performed or not to be performed.all other terms and . 4. To ask for a accept negotiation or attorney’s fees from employers as part of the settlement of any issue in collective bargaining or any other dispute. 2.refers to the practice of the union or its agents in causing or attempting to cause an employer to pay or deliver or agree to pay or deliver money or other things of value.hours of work and . and the representative of his employees. PROCEDURE COLLECTIVE BARGAINING IN  ART 253. 2. such as . comprised of all or less that all the entire body of the employees. If not settled NCMB may intervene and encourage the parties to submit the dispute to a voluntary arbitrator 5.

SELECTION .  VOLUNTARILY RECOGNITION process whereby the employer recognizes a labor organization as the exclusive bargaining representative of the employees in the appropriate bargaining unit after a 2.  THINGS TO CONSIDER DETERMINING THE COMMUNITY INTEREST DOCTRINE: IN OF CERTIFICATION ELECTION 1. desires of the affected employees 9. . frequency of contract or interchange among the employees 6. for purposes of collective bargaining. from the very nature of consent election. similarity in the scale and manner of determining earnings 2. DESIGNATION a) voluntary recognition b) direct certification THE 2. upon the filing of a petition by the employer when such employer is requested by the employees to bargain collectively. similarity in employment benefits. the labor organization recognized by the employer as the exclusive bargaining agent may collectively bargain with the employer. aimed at determining the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining. common supervision and determination of labor-relations policy 7. separate and distinct from a consent election 1. upon the filing of a verified petition by a legitimate labor organization. (EO 111)  WHEN IS THE CONDUCT OF A CERTIFICATION ELECTION MANDATORY ON THE PART OF THE BLR? 1. and probationary employee showing that the labor organization is supported by at least a majority of the employees in the bargaining unit. its purpose being merely to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit  MODES OF CHOOSING EXCLUSIVE BARGAINING UNIT: 1.this is under the present Article which establishes an automatic renewal clause the CBA is effective and enforceable even after the expiration of the period fixed by the parties as long as no new agreement is reached by them. it is a separate and distinct process and has nothing to do with the import and effect of a certification election EFFECT OF VOLUNTARILY RECOGNITION BY THE EMPLOYER: By voluntarily recognition of the employer. extent of union organization  AUTOMATIC RENEWAL CLAUSE . CONSENT ELECTION 1.process of determining by secret ballot the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit. or b. 2.- seasonal. skills and training of the employees 5. an agreed one. In an organized company upon the filing of a verified petition by a legitimate labor organization questioning the majority status of the incumbent bargaining agent within the 60-day freedom period before the expiration of a CBA.  DIRECT CERTIFICATION . It is no longer allowed. similarity in the kinds of work performed 4.certification election 2. In an unorganized company – a. similarity in the qualifications. history of previous collective bargaining 8.  CERTIFICATION ELECTION . hours of work and other terms and conditions of employment 3.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.

One-Year Bar Rule 3. In determining valid votes. signed by all contracting parties. The election provides for at least 3 choices(“no union” is always a choice)  REQUIREMENTS IN ORDER INVOKE CONTRACT-BAR RULE: TO 1. 5. 2. 3.  REQUISITES BEFORE A LABOR UNION CAN BE DECLARED A WINNER: 1. Deadlock Bar Rule  THE CONTRACT-BAR RULE provides that while a valid and registered CBA is subsisting. 2. Contract-Bar Rule 2. include spoiled ballots  RUN-OFF ELECTIONS This happens when: a. Majority of the eligible voters cast their votes. It must be ratified. 3. Basic to the contract bar rule is the proposition that the denial of the right to select representatives can be justified only where stability is deemed paramount. It is for a reasonable period or duration. a petition for certification election can only can only be entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. (DOUBLE MAJORITY)  HOW TO DETERMINE THE TWO MAJORITY RULE : 1.  RULES WHICH WILL PREVENT THE HOLDING OF A CERTIFICATION ELECTION: 1. Certain types of contracts which do not foster industrial stability such as contracts where the identity of the representative is in doubt or those that are prematurely renewed  DEADLOCK BAR RULE. In determining the eligible votes cast. subject to the “Deadlock” bar Rule. Where it is shown that because of a schism in the union the contract can no longer serve to promote industrial stability. it can file a petition for certification election at any time. 2. the labor organization can file a petition for certification election within the 60-day freedom period (CONTRACT-BAR RULE ) b. Between the labor union receiving the two highest number of votes b. It must contain the terms and conditions of employment. subject however to the ONE-ELECTION-PER-YEAR RULE. Obtained majority of the valid votes cast. eliminate spoiled ballots but include challenged votes 2. Provided that the total number of votes for all the contending unions is at least 50% of the total votes cast  WHEN MAY A LABOR ORGANIZATION FILE A PETITION FOR CERTIFICATION ELECTION: 1. Where the establishment is not organized. Agreement is in writing. when there is no CBA.- The petition must be supported by the written consent of at least 25% of all the employees in the appropriate bargaining unit. the BLR is not allowed to hold an election contesting the majority status of the incumbent union. 6. 4. Covered employees in an appropriate bargaining unit. Run-off shall be conducted: a. In an organized establishment – a. EXCEPTIONS TO THE RULE: 1. b. and the holding of the election is in the interest of the employees right in the selection of their bargaining representatives. only a legitimate labor organization can file such petition. the employer cannot file a petition for certification election. . 2. It must be registered with the Bureau. The election results in none of the choices received the majority votes(50%+1) of the valid votes cast NOTE: In case the establishment is organized. then the labor organization can file a petition for certification election at any time. when there is a CBA.

The duty to bargain collectively does not compel any party . Clear and unequivocal demand to bargain collectively  DUTIES OF THE PARTIES DURING THE 60-DAY PERIOD: 1. Employer submits its proposals and adopts a take it or leave it stand. may. b.proposals for adjusting any grievances or questions arising under such agreement and . . (Art. Proof of majority representation 3. including . When there is a collective bargaining agreement.7. The violation of the contract bar rule or the existence of a duly registered CBA must be specifically impleaded as a defense.It means that where there occurs a shift in the employees’ union allegiance after the execution of a collective bargaining contract with the employer.  EFFECT OF AN INVALID AND UNREGISTERED CBA: Then there is no bar and therefore a certification election may be held.all other terms and conditions of employment. bargain for the shortening of said expiration date.  Does the Duty to Bargain Collectively carry with it the duty to agree to a proposal or to make a concession? NO. 253) “DUTY TO BARGAIN COLLECTIVELY”The performance of a mutual obligation to meet and convene . They.hours of work and .to make a concession  EXAMPLES OF BAD FAITH BARGAINING: Surface Bargaining – occurs when employer constantly changes its positions over the agreement.promptly and expeditiously and in good faith. Possession of status of majority representation 2. despite noble intentions.executing a contract incorporating such agreements if requested by either party.  DEADLOCK – arises when there is an impasse which presupposes reasonable effort at good faith bargaining which. Side Bar Technique 1. however. EXCEPTIONS TO THE CONTRACTBAR RULE: 1. did not conclude in agreement between the parties. 2. . but the collective bargaining contract which is still subsisting.  “SUBSTITUTIONARY DOCTRINE”-.wages. Boulwarism – occurs a. continues to bind the employees up to its expiration date. 3. CBA was hastily concluded way ahead of the freedom period 4. CBA was concluded in violation of an order enjoining the parties from entering into a CBA until the issue of representation is resolved. CBA does not foster industrial peace because of schism 6. to continue in full force and effect and the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties. NOTE: Registration of CBA only puts into effect the contract-rule bar rule but the CBA itself is valid and binding even if unregistered. This is not negotiation because the take it or leave it stand implies threat. CBA deregistered.However. CBA is not registered. .to agree to a proposal or . 2. either party can serve a written notice to terminate or modify the agreement at least 60 days prior to its expiration period. the employees can change their agent – the labor union. 3. CBA is incomplete in itself 5. for the purpose of negotiating an agreement with the respect to .  JURISDICTIONAL PRECONDITIONS OF COLLECTIVE BARGAINING: (Kiok Loy Case) 1. to keep the status quo and 2. when the employer directly bargains with the employee disregarding the union. the DUTY TO BARGAIN COLECTIVELY shall mean that neither party shall terminate or modify such agreement during its lifetime.

benefits and welfare. 2. If the successor expressly assumes the obligations of the seller  BARGAINING IMPASSE – exists when good faith bargaining on the part of the parties filed to resolve the issue and there are no definite plans for further efforts to break the deadlock TITLE VII.  SUCCESSOR-IN-INTEREST DOCTRINE occurs when an employer is succeeded by another employer. TERMS OF A COLLECTIVE BARGAINING AGREEMENT DURATION OF THE CBA: 1. Will of employees Affinity and unity of employee’s interest Prior collective bargaining history Employment status. the same shall last for a maximum period of 3 years after execution. 2. ONE-COMPANY POLICY. TAKE NOTE: Article 253-A on retroaction does not apply if the provisions were imposed by the Secretary of Labor by virtue of arbitration. NO INJUNCTION RULE . the parties may agree to the DATE OF RETROACTION. the successor-in-interest who is a buyer in good faith has no liability to employees in continuing employment and collectively bargain because they are contracts in personam. seasonal and probationary employees. If not within 6 months. there is no retroactive effect because the date agreed upon shall be the start of the period of agreement. -  ONE-UNION. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  GRIEVANCE MACHINERY . 3. EXCEPTIONS TO THE SUCCESSOR-ININTEREST DOCTRINE: 1. and either the union or the  ART 254. there is AUTOMATIC RETROACTION to the day immediately following such date of expiry. They may be formed even if there is already a union in the company.  ART 255. With respect to the representation aspect the same lasts for 5 years.A (as incorporated by RA 6715) GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  ART 260. MUST BE CONSIDERED: 1. If the transfer is done in bad faith. ART 253 – A. except as otherwise provided in Articles 218 and 264 of this Code. EXCLUSIVE BARGAINING REPRESENTATION AND WORKER’S PARTICIPATION IN POLICY AND DECISION-MAKING IN DETERMINING THE APPROPRIATE BARGAINING UNIT THE FF. EXCEPTIONS: supervisory employees who are allowed to form their own unions apart from the rank-and-file employees LABOR MANAGEMENT COUNCILS deal with the employer on matters affecting employee’s rights.Mechanism for the adjustment of controversies or disputes arising from the interpretation or implementation of the CBA and the interpretation or enforcement of personnel policies  GRIEVANCE ARISES: when a dispute or controversy arises over the implementation or interpretation of a CBA or from the implementation or enforcement of company personnel policies. If it was done to circumvent the obligation of the seller. 4. This rule applies only if there is an EXISTING AGREEMENT. 2. It applies only if the agreement was voluntarily made by the parties. such as temporary. as well as for cases of unfair labor practice. IF THERE IS NO EXISTING AGREEMENT. 3.the proliferation of unions in an employer unit is discouraged as a matter of policy unless there are compelling reasons which would deny a certain class of employees the right to selforganization for purposes of collective bargaining. No temporary or permanent injunction pr restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity. RULE ON RETROACTIVE EFFECTS OF AGREEMENT PROVISIONS: Any agreement on such other provisions of the CBA if made within 6 months after the date of expiry. With respect to other provisions.

 ART 261. It is not valid because it fails to comply with certain requirements of the law.It is the labor arbiter and not the grievance machinery which has jurisdiction over dismissal pursuant to the union security clause. Denial of substantial justice 4. Erroneous interpretation of the law  WHO CAN DECLARE ECONOMIC (Bargaining Deadlock) STRIKE: 1. Grave abuse of discretion 2.voluntary arbitrators shall also hear and decide all other disputes including ULP and bargaining 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 a work stoppage that violates the labor contract and is not authorized by the union. Is a wildcat strike valid? NO. as well as the immediate vicinity actually used by picketing strikers in moving to an fro before all points of entrance to and exit front said establishment  LOCKOUT . TITLE VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES CHAPTER I STRIKES AND LOCKOUTS  ART. and/or 2. depots.  STRIKE-BREAKER. coercion. 1. JURISDICTION BY AGREEMENT OF THE PARTIES . impedes or interferes by force. Collective bargaining agent  WHO CAN DECLARE POLITICAL (ULP) STRIKE: 1. Is a sit-down strike legal? NO. plants or offices. 263. It borders to a criminal act because the employees trespass on the premises of the employer. collective bargaining agent 2. unfair labor practices  GROUNDS FOR JUDICIAL REVIEW OF DECISIONS OF VOLUNTARY ARBITRATORS: Lack of jurisdiction 1. violence.Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. threats or intimidation with any peaceful picketing by employees during any labor controversy affecting wages. both parties must resort to grievance machinery - it is the most effective weapon of labor in protecting the rights of employees to improve the stems and conditions of their employment. hour or conditions of work or in the exercise of the right to self organization or collective bargaining  STRIKE AREA – the establishment. warehouse.means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. to IMPORTANCE .any person who obstructs.  WILDCAT STRIKE. deadlock in collective bargaining. Legitimate labor organization in behalf of members  SIT-DOWN STRIKE . JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOLUNTARY ARBITRATORS  JURISDICTION OF VOLUNTARY ARBITRATORS: EXCLUSIVE ORIGINAL JURISDICTION CONFERRED BY LAW a) interpretation or implementation of the CBA b) interpretation or enforcement of company personnel polices . PICKETING AND LOCKOUTS  STRIKE . including the sites or premises used as runaway shops of the employer struck against. STRIKES.employer invokes the grievance machinery provision for the adjustment or resolution of such dispute or controversy.  GROUNDS FOR THE DECLARATION OF STRIKE 1. Violation of due process 3.

which may constitute union busting  TESTS FOR THE LEGALITY OF A STRIKE: 1.  STRIKE VOTE .  PICKETING . in meetings or referenda called for the purpose. Whether or not is complies with the PROCEDURAL REQUIREMENTS OF THE LAW. ECONOMIC STRIKE 1. the cooling-off period is 30 days from the filing of the notice of strike. where the existence of the union is threatened. 2. It is that span of time allotted by law for the parties to settle their disputes in a peaceful manner. notice of strike. approved by a majority of the total union membership in the bargaining unit concerned. It is a political rally. the coolingoff period is 15 days from the filing of the notice of strike. ULP STRIKE to ensure that the intended strike is a majority decision. NUMBER OF DAYS IN THE COOLING OFF PERIOD: 1. . This is an exercise of ones freedom of speech.that period of time given the NCMB to mediate and conciliate the parties. which may constitute union busting where the existence of the union is threatened. 2. Is a “welga ng bayan” legal? NO. - the cooling off periods and seven-day strike ban is mandatory otherwise the purposes for which they have been imposed would not be achieved  EXCEPTION TO THE COOLING-OFF PERIOD: In case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws. Involuntary : labor organization is forced to go on strike because the ULP committed against them by the employer. before staging a strike or lockout. It is an act of selfdefense since the employees are being pushed to the wall and their only remedy is to strike. Therefore: HOWEVER. If the ground for the intended strike or lockout is DEADLOCK IN COLLECTIVE BARGAINING. obtained by secret ballot the marching to and fro the employer’s premises. PURPOSE OF A STRIKE VOTE .  COOLING –OFF PERIOD .  When should the strike vote be submitted? The report on the strike vote must be submitted to the DOLE at least 7 days before the intended strike subject to the cooling-off a requirement wherein the decision to declare a strike must be: 1. to wit – notice of strike 30/15-day cooling-off period strike vote 7-day strike ban 3. in case of dismissal from employment of union officers duly in accordance with the union constitution and by-laws. NOTE: The 3 tests must concur. usually accompanied by the display of placards and other signs making knowing the facts involved in a labor dispute. If the ground for the intended strikes is UNFAIR LABOR PRACTICE. 2. the 15-day cooling-off period shall NOT apply AND the union may take action immediately. Whether or not is has a lawful PURPOSE. vote.wit. A “welga ng bayan” is illegal because it is a political strike and therefore there is no bargaining deadlock nor any ULP. and report on strike vote. Whether or not it is executed through LAWFUL MEANS. he 15-day cooling-off period shall NOT apply AND the union may take action immediately but they must still observe the mandatory 7 day period before they can stage a valid strike. Voluntary strike because the employee will declare strike to compel management to grant its demands.

4. frequently were held to be culpable because of the circumstances under which they were uttered. (St. Torres. 2.The strike must be due to either and/or -unfair labor practice.  TESTS TO DETERMINE VALIDITY OF STRIKES. 29 June 1993. 3. although subsequently such allegations of ULP are found out as not true. (St. 29 June 1992) 3. Luke’s Medical Center vs. EFFECT OF GOOD FAITH OF STRIKERS ON LEGALITY OF STRIKE: A strike may be considered legal where the union believed that the company committed ULP and the circumstances warranted such belief in good faith. 23 January 1991) 2. If it is a ULP Strike . 4. but were to be appraised against the background of and in conjunction with collateral circumstances.” (Rothenberg)  ISSUES THAT THE SECRETARY OF LABOR CAN RESOLVE WHEN HE ASSUMES JURISDICTION OVER A LABOR DISPUTE:  WHEN CAN THE SEC. all striking or locked out employees shall immediately return to work and 3. If it is an Economic Strike NO. Power of Sec.-A strike may be legal at its inception but eventually be declared illegal if the strike is accompanied by violence which violence is widespread. 2. pervasive and adopted as a matter of policy and not merely violence which is sporadic which normally occur in a strike area. 1. Confesor. though innocent in themselves. 10 March 1994). 1.  In Case the strike is declared legal. OF LABOR ASSUME JURISDICTION OVER A STRIKE? 1. the strikers are NOT entitled to strike duration pay since the employer should get the equivalent day’s work for what the pays his employees. -bargaining deadlock 2. there exists a labor dispute causing or likely to cause a strike or lockout in a industry indispensable to the national interest. the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. Issues submitted to the Secretary for resolution and such issues involved in the labor dispute itself. -the history of the particular employer’s labor relations of anti-union bias or -because of their connection with an established collateral plan of coercion or interference. MEANS EMPLOYED TEST. if one has already taken place at the time of assumption or certification. - Under this “doctrine” expressions of opinion by an employer which. Sec of Labor. Only issues submitted to the Secretary may be resolved by him. 09 January 1992). of Labor. Secretary of Labor may subsume pending labor cases before Labor Arbiters which are involved in the dispute. Torres. (PAL vs. 2.  EFFECTS OF THE ASSUMPTION OF JURISDICTION OF THE SECRETARY 1. automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. are the strikers entitled to strike duration pay? IT DEPENDS. IN ACCORDANCE WITH PROCEDURAL & SUBSTANTIVE REQUIREMENTS OF LAW  TOTALITY DOCTRINE: “… the culpability of an employer’s remarks were to be evaluated not only on the basis of their implicit implications. the Secretary of Labor and Employment may assume jurisdiction and EITHER: decide it or certify the same to the Commission for COMPULSORY ARBITRATION. PURPOSE TEST . of Labor is plenary and discretionary. INDISPENSABLE INDUSTRY is based solely upon the discretion of the Secretary of Labor 1. reiterated in PAL vs. (Int’l Pharmaceuticals vs. A motion for reconsideration does not suspend the effects as the assumption order is immediately executory. Sec. Scholastica’s College vs.

any peaceful picketing by employees . coercion. e) NO person engaged in picketing shall . That nothing herein shall be interpreted to prevent any public officers from taking any measure necessary to: . of Unconditioned offer: “we will return tomorrow” and NOT “willing to return provided…” 2. NO labor organization or employer shall declare a strike or lockout . . GENERAL RULE: . Secretary of Labor may immediately assume jurisdiction within 24 hours from knowledge of the occurrence of such strike or lock-out or certify it to the Commission for compulsory arbitration GOCCs organized under the Corporation Code with no original charter of its own can declare a strike. or work in place of the strikers.obstruct the free ingress to or egress from the employer’s premises for lawful purposes. Where there is return-to-work and the employees are discriminated against. or . -They are entitled to backwages from the date the offer was made -e.maintain peace and order.-They are entitled to backwages from the date of discrimination. 2. but the employer refused to accept the offer.without first having bargained collectively in accordance with Title VII of this Book or .any individual who seeks to replace strikes in entering or leaving the premises of a strike area. PROHIBITED ACTIVITIES 1.The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided. NO strike or lockout shall be declared: a.  RULES IN STRIKES IN HOSPITALS 1. b) NO person all obstruct. d) NO public official or employee. AFTER certification or submission of the dispute to compulsory or voluntary arbitration or -DURING the pendency of cases involving the same grounds for the strike or lockout. .without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Department. regardless of whether or not the strike was the consequences of the employer’s ULP . . It shall be the duty of striking employees or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel for the duration of the strike or lock-out.commit any act of violence. violence.  ART 264.g.Would depend on the authority deciding (discretionary). even if the strike is legal.protect life and property. and/or . introduce or escort in any manner. or armed persons. .nor shall any person be employed as a strike-breaker. c) NO employer shall use or employ any STRIKE-BREAKER .Strikers are not entitled to their wages during the period of a strike. EXCEPTIONS: 1.obstruct public thoroughfares. AFTER assumption of jurisdiction by the President or the Secretary or  RULES ON REINSTATEMENT OF WORKERS: GENERAL RULE Striking employees are entitled to reinstatement. impede or interfere with OII by force. threats or intimidation FVCTI .during any labor controversy or in the exercise of the right of selforganization or collective bargaining or shall aid or abet such obstruction or interference.shall bring in. . b. including officers and personnel of the New Armed Forces of the Philippines of the Integrated National Police.enforce the law and legal order. Where the strikers voluntarily and unconditionally offered to return to work. coercion or intimidation or .

ARREST AND DETENTION  General rule is that a police officer cannot arrest or detain a union member for union activities without previous consultations with the Secretary of Labor except on grounds of: a.  REDUCED OFFER BALLOTTING a referendum conducted by the NCMB. union officers who knowingly participates in an illegal strike. any striker/union member who knowingly participate in the commission of illegal acts during the strike.the period needed to determine the fitness for the job. for the purpose of determining whether or not the improved offer of the union is acceptable to the union members.REASON: because while out of strike. BOOK SIX POST EMPLOYMENT . BALLOTING IMPROVED OFFER  ART 280. except that there is an additional ground – failure to meet the standard. Backwages  ART 265. Reinstatement b. An employee that has been dismissed illegally is entitled to: a. the strikers are not considered to have abandoned their employment. It is period during which the employer may determine if the employee is qualified for possible inclusion in the regular force.  TEMPORARY EMPLOYMENT-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.  PROBATIONARY -  ART 266. SECURITY OF TENURE  SECURITY OF TENURE is the constitutional right granted the employee. NOTE: The standard which the probationary employee is to meet must be made known by the employer to the employee at the time of the engagement. public peace c. national security b. TITLE I TERMINATION OF EMPLOYMENT  ART 279. i . REGULAR AND CASUAL EMPLOYMENT  REGULAR EMPLOYMENT. but rather have only ceased from their labor. Probationary employees may be terminated for the same causes as a regular employee. trustees or partners.One wherein an employee is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. applies only to economic strike  SEASONAL EMPLOYMENT-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 the employer. . for the purpose of determining whether or not the reduced offer of the union is acceptable to the board of directors. applies only to economic strikes (bargaining deadlock) PURPOSE: to ascertain the real sentiment of the silent majority of the union members on strike. the time needed to learn the job..e. that the employer shall not terminate the services of an employee except for just cause or when authorized by law.-The declaration of a strike is NOT a renunciation of employment relation. and 2. IMPROVED OFFER BALLOTING: a referendum conducted by the NCMB on or before the 30th day of the strike. EXCEPTIONS: The following strikers are NOT entitled to reinstatement: 1. commission of a crime PERIOD OF EMPLOYMENT . the completion of which has been determined at the time of the agreement of the employee.

the worker affected thereby shall be entitled to a separation pay equivalent to at least one (1) month pay or to at least one (1) month pay for every year of service. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly organized representative. Under the Labor Code. An employee may put an end to establish WITHOUT SERVING ANY NOTICE on the employer for any of the following just causes: 1. 3.” (Art. Provided that the following requisites concur: 1. Is it necessary that probationary employment be for a period of 6 months? No.employee must be advised of such extension.  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. The employer upon whom no such notice was served may hold the employee liable for damages.) b. must be proved by sufficient and convincing evidence. 2. certification from public heath officer that illness is incurable within 6 months. 2. EMPLOYEE TERMINATION BY  ART. and the expected imminent losses sought to be forestalled. and 5. Redundancy to prevent losses (there is excess of employees and employer wants to prevent financial losses) 4.  STANDARDS UNDER EMPLOYER MAY RETRENCH: WHICH AN 1. The installation of labor-saving devices (automation) 2. If illness is incurable within 6 months and is  SEPARATION PAY In case of termination due to a) THE INSTALLATION OF LABOR-SAVING DEVICES OF b) REDUNDANCY. . “an employee who is allowed to work after a probationary period shall be considered a regular employee. 5. employee must agree. said employee become a regular employee by operation of law.It must be reasonably necessary and likely to effectively prevent the expected losses 3. 3. 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. 281. 4. Serious insult by the employer or his representative on the hour and person of the employee. Other causes analogous to the following:  ART. . 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.  JUST CAUSES: 1. Alleged losses if already incurred. Gross and habitual neglect by the employee of his duties. Inhuman and unbearable treatment accorded the employee by the employer or his representative. 2. whichever is higher.284 AUTHORIZED CAUSES TERMINATION BY THE EMPLOYER:  OF 1. 3. Losses expected should be imminent and substantial. deleterious to his health or his coemployees. Other causes analogous to any of the foregoing. EMPOYER 282.  ART. 285. and 4. The 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. 283. 2. . Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work. Redundancy (superfluity in the performance of a particular work) 3. Illness a. TERMINATION BY  TERMINATION BY THE EMPLOYEE An employee may terminate WITHOUT JUST CAUSE the employee-employer relationship by serving a WRITTEN NOTICE on the employer at least one month in advance. it is done before the lapse of 6 months. c.

all other cases of injury to rights of a workingman being governed by the Civil Code.5 days per year of service)  NOTE: Exempted from the payment of retirement pay are retail. (22. BOOK SEVEN TRANSITORY AND FINAL PROVISIONS TITLE II PRESCRIPTION OF OFFENSES AND CLAIMS  ART. whichever is higher. Hence.A retiree is entitled to a retirement pay equivalent at least ½ month salary for every year of service. 291. B. d) In the case of ILLNESS . Gravity of the offence 2. reinstatement prescribes in 4 years. . ULP -The prescriptive period of filing a case for ULP is 1 year from the accrual of the cause of action. (Art.separation pay equivalent to at least one month salary or to ½ month salary for every year of service. the term “one half (1/2) month” salary shall mean: • 15 days plus 1/12 of the 13th month pay and • the cash equivalent of NOT more than 5 days of service incentive leaves. it is still debatable whether or not separation pay should be given. service and agricultural . RETIREMENT  RETIREMENT AGE -The age of retirement is that specified in the CBA or in the employment contract. Position occupied by the employee 3. Length of service establishments or operations employing NOT more than ten (10) employees or workers. Previous infractions of the same offense 5. 1. 65-compulsory retirement age (no need for 5 years of service) POST.  ILLEGAL DISMISSAL The prescriptive period of filing a case for illegal dismissal is 4 years from the accrual of the cause of action.I f you are able to prove that such portion of capital (10%) investment has been impaired.  REQUIREMENTS OF DUE PROCESS BEFORE AN EMPLOYEE CAN BE REMOVED:  BENEFITS. a fraction of at least 6 months shall be considered one (1) whole year.’  SECURITY OF TENURE: An employer CANNOT terminate the services of an employee EXCEPT for a just cause or when authorized by law.c) RETRENCHMENT TO PREVENT LOSSES and CLOSURES OR CESSATION OF OPERATIONS (NOT due to serious business losses or financial reverses) . 2. 2. of the Labor Code. MONEY CLAIMS-The prescriptive period is 3 years from the accrual of the cause of action.The separation pay shall be equivalent to one (1) month pay or at least ½ month pay for every year of service. the employer should be exempt for the payment of separation pay. Degree of damage to the employer 4. a fraction of at least six (6) months being considered as one whole year.EMPLOYMENT  FORMS OF REINSTATEMENT: 1. ACTUAL OR PHYSICAL REINSTATEMENT -the employee shall be admitted back to work.  PERIOD COVERED BY THE PAYMENT OF BACKWAGES: Backwages shall cover the period from the date of dismissal of the employee up to the date of actual reinstatement.the employee is merely reinstated in the payroll. refers to and “is limited to money claims.  ART 287. whichever is greater. If it is not specified. 1146) NOTE: The period of prescription mentioned under Article 281. MONEY CLAIMS  PERIODS OF PRESCRIPTION A. 60-65 -retirement is optional but the employee must have served at least 5 years . NOTE: If CLOSURE is due to severe financial losses. Unless the parties provide for broader inclusions.  GUIDELINES TO DETERMINE THE VALIDITY OF TERMINATION: 1. PAYROLL REINSTATEMENT . now Article 292.

There is no law requiring a purchasing corporation to absorb the employees of the selling corporation. to be used only during official tour of duty not for private or personal use. REASON: said items are given free. helmets and ponchos should NOT be included in the computation of backwages. On Jan. 27. shoes. written notice informing the employee of the employer’s decision to dismiss him. he should be given a substantially equivalent position. BACKWAGES-Relief given to an employee to compensate him for lost earnings during the period of his dismissal. reinstatement could not effectively serve as a remedy.  If THERE IS NO SUBSTANTIALLY EQUIVALENT POSITION: If no substantially equivalent position is available. In such a situation. the employee should merely be given separation pay of the one month salary for every year of service (1:1). Transfer of business ownership. vacation or service incentive leave and sick leave 3. How computed: Under existing law. A fortiori. his dismissal becomes illegal regardless of the existence of a just and authorized cause. 3. When the business has closed down. ample opportunity to be employee to be heard and if the employee so decides. ISETANN et. written notice to apprise the employee of the particular acts or omission for which his dismissal is sought and is hereby considered as the proper charge. PREVENT death of the employee physical and mental incapacity business reverses closure of business reinstatement of dismissed employee confinement in jail SPECIAL LAWS SOCIAL SECURITY SYSTEM  COVERAGE: Compulsory upon all employees not over 60 years of age and their employers In case of domestic helpers.  WHAT HAPPENS IF THERE IS AN ORDER OF REINSTATEMENT BUT THE POSITION IS NO LONGER AVAILABLE? If the position previously occupied by the employee is no longer available at the time of reinstatement. and that all hopes at reconciliation are nil after reinstatement. with the assistance of counsel. transportation and emergency allowances 2. 2000. backwages is computed from the time of the illegal dismissal up to time of actual reinstatement. the SC in the case of SERRANO vs. 2. Physical incapacity of employee 5. their monthly income shall not be less than one thousand pesos Any benefit already earned by the employees under private benefit plans existing at the time of the approval of the Act shall not be . reinstatement of unjustly dismissed employees CANNOT be enforced against the new owner UNLESS there is an express agreement on the assumption of liabilities by the purchasing corporation. Doctrine of Strained Relations-When the employer can no longer trust the employee and vice-versa. and 3. 6. or Under the circumstances where the employment relationship has become so strained to preclude a harmonious working relationship.  CIRCUMSTANCES WHEN COMPANY MAY NOT REINSTATE DESPITE ORDER OF REINSTATEMENT 1. Applies only to positions which require trust and confidence. the dismissal is valid but the employee is entitled to damages by way of indemnification for the violation of the right. al. “Under the so-called ‘WENPHIL DOCTRINE” if just or authorized cause exist but the affected employees right to due process has been violated. 4. When reinstatement is rendered impossible due to the abolition of the position.  CIRCUMSTANCES THAT AWARD OF BACKWAGES: 1. 2.  REINSTATEMENT . reinstatement should not be ordered because that would in effect compel the employer to do the impossible.1. Disregarded this WENPHIL DOCTRINE and ruled that if the employee’s right to due process is violated. facilities such as uniforms. 2. 3. 13th month pay. However. 4.Restoration of the employee to state from which one has been removed or separated without loss of seniority rights and other privileges.  WHAT ARE INCLUDED IN COMPUTATION OF BACKWAGES THE 1. 5. it would be more beneficial to accord the employee backwages and separation pay.

industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment except the Government and any of its political subdivisions.  BENEFICIARIES The dependent spouse until he or she remarries. legally adopted or legitimate children. physically and mentally and 3. Total permanent disability. partners and single proprietors 3. who carries on in the Philippines. legitimated or legally adopted and illegitimate children who shall be the primary beneficiaries of the member. illegitimate children shall be entitled to 100% of the benefits. individual farmers and fishermen  EFFECTIVE DATE OF COVERAGE: Shall take effect on the first day of the operation with respect to the employer and that of the employee on the day of his employment  DEPENDENTS: 1. the legitimate. the parent who is receiving regular support from the member  EMPLOYER Any person natural or juridical. Unused benefits cannot be carried over to the succeeding year. professional athletes. subject to the . In the absence of all of the foregoing. GOVERNMENT SERVICE INSURANCE SYSTEM  COMPULSORY MEMBERSHIP Compulsory for all employees receiving compensation who have not reached the compulsory retirement age. where there is an employer. reduced or otherwise impaired and shall continue to remain under the employer’s management unless there is an existing agreement to the contrary Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis Compulsory upon such self. legitimated or legally adopted children In the absence of the legitimated. coaches. retirement pensioners and survivors of deceased members of the SSS and their dependents are also entitled to medical care benefits without need of additional contributions  PERIOD OF ENTITLEMENT The member or pensioner is entitled to a maximum of 45 days confinement in a hospital in a given calendar year. PROVIDED that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate. the legal spouse entitled by law to receive support from the member 2. domestic or foreign. In their absence. not gainfully employed and has not reached 21 years of age or if 21 years of age.employed person shall be both the employer and employee at the same time. actors and actresses directors 4. including corporations owned or controlled by the Government Self.employee relationship. any person designated by the covered employee as secondary beneficiary MEDICARE  COVERAGE: All SSS members are covered under the Medicare program. all self employed professionals 2. legitimated or legally adopted and illegitimate child who is unmarried. unemployed partial permanent disability. he is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of selfsupport.employed persons as may be determined by the Commission including but not limited to the following: 1. the dependent parents who shall be the secondary beneficiaries. His dependents are given another set of 45 days to be shared among themselves. irrespective of employment status. the dependent legitimate.  EMPLOYEE Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services. branches or instrumentalities.discontinued. any trade business. except members of the Armed Forces and the PNP. trainers 5.

if separated from service. PROVIDED: a. the primary beneficiaries shall be entitled to: survivorship pension. separation and unemployment benefits.  UNEMPLOYMENT OR INVOLUNTARY SEPARATION BENEFITS Monthly cash payments equivalent to 50% of the average monthly compensation shall be paid to a permanent employee who is involuntarily separated from the service due to the abolition of his office or position usually resulting from reorganization. he has rendered at least 3 years of service and has paid at least 6 monthly contributions in the 12. resignation or separation for which corresponding benefits have been awarded shall be excluded in the computation of service in case of reinstatement in the service of an employer and subsequent retirement or separation which is compensable. he recovers from his disability as determined by the GSIS. If separated from service. Except for the members of the Judiciary and constitutional commissions who shall have life insurance only. He is in the service at the time of the disability 2. he is reemployed 2.year period immediately preceding his death or has paid a total of at least 180 monthly contributions. Member has rendered at least 15 years of service 2. whose decision shall be final and binding 3. He is at least 60 years of age at the time of retirement 3. he has paid at least 36 monthly contributions within the 5 year period immediately preceding the disability or has paid a total of at least 180 monthly contributions prior to the disability Unless the member has reached the minimum retirement age. In no case shall it be less than 70 pesos a day. retirement and all other social security protection such as disability. he fails to present himself for medical examination when required by the GSIS  TEMPORARY DISABILITY BENEFITS 75% of the current daily compensation for each day or fraction thereof of temporary disability benefit not exceeding 120 days in one calendar year after exhausting all sick leave credits and collective bargaining agreement sick leave benefits. PROVIDED: 1.  RETIREMENT BENEFITS: CONDITIONS FOR ENTITLEMENT 1. All service credited for retirement. all members of the GSIS shall have life insurance. Provided: 1. member was in service at the time of his death’ b. has rendered at least 3 years of service and paid 36 monthly contributions with the 5.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.  LIFE INSURANCE BENEFITS . He is not receiving a monthly pension benefit from permanent total disability  PERMANENT DISABILITY BENEFITS Monthly income benefit for life equal to the basic monthly pension effective from the date of the disability. if separated.  SURVIVORSHIP BENEFITS: Upon the death of a member.  COMPUTATION OF SERVICE The computation of service for the purpose of determining the amount of benefits payable shall be from the date of the original appointment/ election including periods of service at different times under the authority of the Republic of the Philippines and those that may be prescribed by the GSIS in coordination with the Civil Service Commission. survivorship. he is in service at the time of his disability 2.month period immediately preceding the disability HOWEVER: A member cannot enjoy temporary total disability benefit and sick leave pay simultaneously. disability benefits shall be SUSPENDED when: 1.

All employees except members of the AFP and the PNP shall be compulsorily covered with life insurance. It is taking positive. The performance bond to be filed by the recruitment/placement agency. the corporate officers and directors and partners as the case may be.NLRC RA 8042 has transferred to the NLRC the jurisdiction over employer-employee cases POEA The POEA retains original and exclusive jurisdiction to hear and decide: 1. shall be answerable for all money claims. as provided by law.  JURISDICTION . contracting partners and Filipino migrant workers. or damages that may be awarded to the workers. amendment or modification made locally or in a foreign country of the said contract. On or after 15 July 1995. their families. a worker dismissed from overseas employment without just. moral. 4. the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. Three Month's Pay Under RA 8042 The date the employment termination occured is material. concrete measures to protect the rights of migrant workers. Under Section 10 of RA 8042. 1. 3. It has existing labor and social laws protecting the rights of migrant workers. and. all cases which are administrative in character. 2. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.  GUARANTEE OF PROTECTION FOR OVERSEAS WORKERS The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. involving employers. the law institutes the policies of overseas employment and establishes a higher standard of protection and promotion of the welfare of migrant workers. disciplinary action cases and other special cases which are administrative in character. the law to apply is RA 8042. exemplary and other forms of damages. It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers. involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities. is entitled to the full reimbursement of his placement fee with interest at twelve percent (12%) per annum.  LIABILITIES The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. Money Claims. plus his salary for the unexpired portion of his employment contract or . valid or authorized cause as defined by law or contract. If the recruitment/placement agency is a juridical being.  JURISDICTION GSIS shall have the exclusive and original jurisdiction to settle any dispute arising under the Act and any other laws administered by the GSIS. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. It is a signatory to multilateral conventions. principals. declarations or resolutions relating to the protection of migrant workers.-. 2. RA 8042: "MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT 0F 1995" Approved on 07 June 1995 and took effect on 15 July 1995. As indicated in its title. and of overseas Filipinos in distress.  PRESCRIPTION OF CLAIMS Claims for benefits under the Act except for life and retirement shall prescribe after 4 years from the date of the contingency. and. The government recognizes any of the following as a guarantee for the protection of the receiving country of the rights of overseas Filipino workers: 1.

Government authorities shall not interfere in the establishment. (Sec.making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of rank and file government employees. employees already receiving 13th month pay 3.owned or controlled corporations WITH original charters All government employees can form. 2. including government.  DFA DOLE POEA OWWA GUIDELINES ON THE RIGHT TO ORGANIZE OF GOVERNMENT EMPLOYEES (E.  PRESCRIPTIVE PERIODS Illegal recruitment cases under this Act shall prescribe in five (5) years. That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years.level employees whose functions are normally considered as policy.for three (3) months for every year of the unexpired term. employees paid purely on commission basis  WHAT CAN BE CONSIDERED AS 13TH MONTH PAY: 1. subdivisions. Christmas bonus 2. High. 3. 180) COVERAGE -Applies to all employees of all branches. instrumentalities and . Failure to reimburse expenses incurred in connection with his documentation and processing in cases that deployment did not take place 1. household helpers 4.  PROTECTION ORGANIZE OF THE RIGHT TO  1. 4. Midyear bonuses  GOVERNMENT AGENCIES MOBILIZED: 1.  DIFFERENT FUNDS CREATED UNDER THE LAW: 1. 12. O. works councils and other forms of workers’ participation schemes to achieve the same objectives.A. functioning or administration of government employees’ organization through acts designed to place such organization under the control of the government authority  REGISTRATION Government employees’ organization shall register with the Civil Service AND the Department of Labor and Employment . The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. government employees 2. Repatriation fund Loan Guaranty fund Legal Assistance fund Congressional Migrant Workers Scholarship fund 13TH MONTH PAY LAW (P. 2. however. They can also form in conjunction with appropriate government authorities. labor. 851)  WHO ARE EXCLUDED FROM COVERAGE: 1.  VENUE A criminal action arising from illegal recruitment shall be filed with the RTC of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense. Failure to deploy employee without valid reason 2. 4. provided. 2. 8042) PROHIBITED ACTS IN THE RECRUITMENT AND PLACEMENT OF WORKERS UNDER THE LABOR CODE ARE RETAINED UNDER THE MIGRANT WORKERS ACT WITH THE ADDITION OF THE FOLLOWING: agencies of the government. join or assist employees’ organizations of their own choosing for the furtherance and protection of their interest.D. 3. whichever is committees. Government employees shall not be discriminated against in respect of their employment by reason of their membership in employees’ organization or participation in the normal activities of the organization. R.

3. Cash bonuses .

old age. etc. emergency. 1. death and other contingencies resulting in loss of income or financial burden. Domestic helpers whose monthly income is not less than P1. Self-employed persons as determined by the Commission : a) self-employed professionals. coaches. 2. directors. c) actors and actresses. *Including barangay and sanggunian officials  Any person compulsorily covered by GSIS or SSS  Any person employed as casual.X. temporary. promote and perfect a sound and viable tax exempt social security system suitable to the needs of the people which shall provide employees and their beneficiaries protection against the hazards of disability. including GOCCs All employers (private or public) GSIS (RA 8291 ECC (PD 626) STATEMENT OF POLICIES EMPLOYER COVERAGE COMPULSORY 1. Employers in private sector All government agencies and instrumentalities . 3. SOCIAL WELFARE LEGISLATION COMPARATIVE CHART SSS (RA 1161)) To establish. 2. substitute or contractual .000. trainers. b) partners and single proprietors. Employees not over 60 years of age and their employers. sickness. d) professional athletes.00. Compulsory for all employees receiving compensation who have not reached compulsory retirement age irrespective of employment status. and e) individual farmers and fishermen. etc. develop.

2. 2. 3. 3. AFP 2. By the government of the Philippines or instrumentality or agent thereof. PNP 3. 4. Filipinos recruited by foreign-based employers for employment abroad. Contractuals who have no employer and employee relationship * Members of the judiciary and the Constitutional Commissions – life insurance only . purely CASUAL and not for purpose or occupation of the employer. 2. BY-ARRANGEMENT EXEMPTED EMPLOYMENT 1. Employees separated from employment by paying TOTAL contribution (meaning : both employer and employee’s share) Any foreign government.VOLUNTARY 1. Spouses who devote full time to managing of household and family affairs. UNLESS they are also engaged in other vocation or employment which is subject to MANDATORY coverage. Performed in an alien vessel by an employee if he is employed when such vessel is outside of the Philippines. Foreign government of international organization. international organization or their wholly owned instrumentality MAT enter into agreement for the inclusion of their employees EXCEPT those covered by their own respective civil service retirement systems. 1.

8. legitimated. 5. 6. Dependent legitimate. who is unmarried.BENEFITS 1. not over the age of majority. including the illegitimate child. 4. not gainfully employed. 2. 3. BENEFICIARIES PRIMARY 1. Legal. legally adopted child. 6. Legitimate descendants subject to the restrictions on dependent children. Life Insurance Retirement Disability Survivorship Separation Unemployment * Life insurance for the members of the judiciary and constitutional commissions. Dependent spouse until remarriage 2. the legitimate descendants SECONDARY 1. 1. dependent spouse until remarriage 2. 4. Dependent parents 2. 7. Monthly pension Dependents’ pension Retirement Death Benefits Permanent Disability benefits Funeral Sickness Maternity 1. 2. dependent parents . 5. or is over the age of majority but is incapacitated and incapable of self-support. In the absence of primary beneficiaries. legitimated or legally adopted and illegitimate children 1. 3. Dependent children – defines as the legitimate.

CONTRIBUTIONS 1. For those with employees – Employee contribution shall be deducted by the employees based on an approved schedule. Employer shall remit BOTH EMPLOYEE AND EMPLOYER contribution to the system. * Contributions under this Act in case where an employer refuses or neglects to pay the same shall be collected by the SS in the same manner as taxes are made collectable under the National Internal Revenue Code. 3. For self-employed – Self-employed shall pay BOTH EMPLOYER AND EMPLOYEE contributions to the system. Employees’ contribution 3. Employer’s contributions 2. MODE OF COLLECTION . Employer’s contribution 2. Employer shall remit to the system within 10 days the Employer-Employee contributions. For government contribution – remitted to the SSS within the first 10 days of each calendar month following the month got which they are applicable. Government contribution 1. Employee’s contribution 1. 1. 2. The employer shall deduct each month from the salary or compensation of each employee the contribution payment.

transfers. except as authorized in this Act – fine of P5. collusion.000.00 to P20.00 to P20. False statement or misrepresentation as to any compensation as to any compensation paid or received or whoever makes or causes to be made any false statement of a material fact in any claim for any benefit payable under this Act – Art.00 to P20. 1.00 or imprisonment of 6 years and 1 day to 12 years or both. or pledges or give in pledge. Failure to include in the annual budget corresponding employer contributions by finance officers. uses.000. Misappropriation or taking of funds and property of the GSIS for purposes other than authorized in this Act – Article 217 of RPC . uses or sells or has in his possession any materials used in the manufacture of such stamp. Obtaining or receiving any money or check without being entitled thereto with intent to defraud any covered employee. forges or counterfeits any stamps. alters. 3. Refusing to comply with the provisions of this Act – fine of P5. etc. Makes.000. – 6 months and 1 day to 6 years imprisonment and a fine of P3.000. offers for sale.000. or counterfeited materials. treasurers. takes or gives in exchange.00 and imprisonment of 6 years and 1 day to 12 years or both.00 or imprisonment of 6 years and 1 day to 12 years or both. or uses. sells. coupon.000.000. 3. 5. ticket or book – fine of P5.PENALTIES 1. cashiers.000. sells. or makes.00 to P6. lends or in his possession any such altered.000. Receiving money or check involving provision of this act. forged.000.00 to P20.000. 4.00 and absolute perpetual disqualification from holding office. 172 of the RPC (falsification be private individuals and falsified documents) 2. 4. falsification or misrepresentation in any transaction of the GSIS – Article 172 of the RPC (Falsification by private individuals and use of falsified documents) 2.00 to P20.000. coupon.00 or imprisonment of 6 years and 1 day to 12 years or both. employer or SSS – fine of P5. without being entities with intent to defraud – fine of P5. ticket or other device prescribed by the Commission. Participating directly or indirectly in commission of fraud. Buys.0 or imprisonment of 6 years and 1 day to 12 years or both.

4.00 to P20. Loss of two limbs at or above the ankle or wrist.000. 4. Is not receiving monthly pension benefit from permanent total disability COMPULSORY. Permanent complete paralysis of two limbs.) DISABILITIES DEEMED PERMANENT TOTAL 1. Fails or refuses to comply with the provisions promulgated by the Commission – fine of P5. 3. 1. Other cases determined by GSIS. 2.00 or imprisonment of 6 years and 1 day to 12 years or both. Failure to remit the said deductions to the SSS within 30 days from date they become due – Article 315 of the RPC (Estafa). Loss of two limbs at or above the ankle or wrist. OPTIONAL.5. 3. ENTITLED TO RETIREMENT BENEFITS Member has reached age of 60 or 65. Misappropriation of funds – penalties under Article 217 of the RPC. 4.000. 2. 1. Other cases determined by SSS. 6. Is at least 60 years of age at time of retirement. 2. 6.00 ot P20. Member is 65 years with at least 15 years of service (if service is less than 15 years. Brain injury resulting in incurable imbecility or insanity 5. . 7. (Malversation of public funds or properties).00 and aboslute perpetual disqualification. Complete loss of sight in both eyes. For head of officers who fails or refuses payment or remittance of GSIS payments within 30 days from the time its demandable – imprisonment of 1 year to 5 years and fine of P10. 3. he may be allowed to continue in accordance with Civil Service Rules and Regulations. 5. Permanent complete paralysis of two limbs. Permanent complete paralysis of two limbs. Member meets the ff : 1. 2. Complete loss of sight in both eyes. has worked for at least 15 years. and 3. Complete loss of sight in both eyes.000.000. Temporary total disability lasting over 120 days. Brain injury resulting in incurable imbecility or insanity. Loss of limbs at or above the ankle or wrist.

 Employee to notify employer within 5 days from injury or illness(unless no longer necessary under the exceptions) Occurrence of contingency whether or not work-connected. 6. grave misconduct 2.000. or sight in one eye. limb. limb. Brain injury resulting in incurable imbecility or insanity. willful intent to injure or kill one’s self or another 3. ear (or both ears).00 Employer SYSTEM EXCUSED FROM LIABILITY AMOUNT OF FUNERAL BENEFITS WHO PAYS REMITTANCES? COVERAGE NOTICE REQUIREMENT . habitual intoxication P12. ear (or both ears).000. or sight in one eye.  Employee to notify employer within 5 days from injury or illness (unless it is no longer necessary under the P12. willful intent to kill self or another 4. ear (or both ears).000. Complete and permanent loss of a digit. For all contingencies in the ff. cases : 1. Other cases determined by Medical Director of SSS DISABILITIES DEEMED PERMANENT PARTIAL Complete and permanent loss of use of a digit.00 in year 2002) Employer And Employee Complete and permanent loss of use of a digit.00 (to be raised to P18. limb. notorious negligence 3. hearing in one or both ears.00 Employer and Employee Occurrence of contingency whether or not work-connected. hearing in one or both ears. notorious negligence P10. or sight in one eye.5. intoxication 2. Work-related illness or injury.000. cases : 1. For permanent disability in the ff. hearing in one or both ears.

Appeal to ECC. File claim with SSS. members who qualifies has option to choose. 2. Appeal to SC Legal And eligible claimant may still demand benefits. 2. without prejudice to right of GSIS to sue improper claimant. If benefits chosen are less than under GSIS. if in private sector. 3. 1. if in the private sector. 4. Appeal to CA.  May not receive benefits for same contingency under GSIS offers more (he may then receive deficiency)  Whenever other laws provide similar benefits for the same contingencies. EFFECT OF ERRONEOUS PAYMENT DISPUTE SETTLEMENT 1. exceptions)  Employer to record the same in logbook within 5 days from notice. Appeal to Social Security Commission. 4.  However. he may get the difference. Appeal to CA Appeal to SC EXCLUSIVENESS OF BENEFITS  May Apply for same benefits in EC. File claim with GSIS. Appeal to CA. 3. 4. with respect to work-  May apply for the same benefits under SSS.  Employer to notify SSS or GSIS within 5 days from recording in logbook. * Appeals shall be governed by Rules 43 and 45 of the 1997 Rules of Civil Procedure SSS absolved unless notified of other claim prior to payment. . 3. 2. Appeal to SC.  May apply for same benefits under GSIS. Appeal to GSIS Board. File claim with SSS and GSIS. 1. Employer to notify SSS within 5 days from notice. if in public sector (applying Mazo Sugar Central vs CA case.

Interpretation or enforcement of company personnel policies Voluntary Arbitration 1. Injunction 3. Contempt 4. Cases involving prohibited acts in strikes . Interpretation or implementation of the CBA 2. Appellate jurisdiction over Labor Arbiters 2. Unresolved Grievances 2. Inter-union dispute 2. Labor Management Relations except interpretation or implementation of the CBA Grievance Machinery 1. he may also recover in full under ECC. Claims of damages arising from E-E relationship 5. PRESCRIPTIVE PERIODS 10 years from the time the right of action accrues. Termination Disputes NLRC 1.connected illness and injuries. 4 years from date of contingency except life and retirement benefits XI. CHART ON JURISDICTION Bureau Of Labor Relations 1. ULP 2. applying the Mazo Sugar Central vs CA case. Agreement on other labor dispute(Bargaining deadlock. Intra-union dispute 3. ULP) Labor Arbiter (UTRCCC-M) 1. Reinstatement-with cases involving wages 3.

0 7.(ART.000. Claims arising from E-E relationship including those of domestic service. 264) 6. Migrant Worker Cases . involving amount exceeding P5.

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