San Beda College of Law

MEMORY AID 1. defect which is congenital or acquired during minority 2. legitimate spouse living with the employee 3. the parents of said employee wholly dependent upon him for regular support BENEFITS 1. for life to the primary beneficiaries, guaranteed for five years 2. for not more than 60 months to the secondary beneficiaries in case there are not primary beneficiaries 3. in no case shall the total benefit be less than P15,000.00 BENEFICIARIES PRIMARY BENEFICIARIES A. dependent spouse until he remarries B. dependent children (legitimate, legitimated, natural born or legally adopted) SECONDARY BENEFICIARIES A. illegitimate children and legitimate descendants B. parents, grandparents, grandchildren MEDICARE (Repealed by National Health Insurance Act of 1995) (See annex for “PHILHEALTH”) PAG-IBIG Law- creates a provident savings system for employees, public and private, with housing as the primary investment.
IN

1 LABOR LAW

 ART. 211. DECLARATION OF POLICY  LABOR RELATIONS – the interactions between the employer and employees and their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted and enforced.  LABOR RELATIONS LAW – those intended to stabilize the relations of employees and their employers, adjust differences between them through the encouragement of collective bargaining, and settle labor disputes through conciliation, mediation and arbitration. • it defines the status, rights, and duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives. Absent an employer-employee relation, there is no labor relations to speak of. Collective bargaining process is possible only when there is a labor organization, i.e., (1) labor union or (2) employee association.

TITLE III

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POLICY is intended to install industrial democracy centered on collective bargaining, leading to social justice as the end goal. PARTIES TO LABOR RELATIONS CASES: 1. employee’s organization, 2. management, and 3. the public • The public is always to be considered in disputes between labor and capital, and it has been held that the rights of the general public are paramount.  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:

BOOK FIVE
LABOR RELATIONS TITLE I POLICY AND DEFINITIONS

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

San Beda College of Law
MEMORY AID
IN

2 LABOR LAW

1. Self-organization, 2. Collective bargaining and negotiations, 3. Peaceful and concerted activities including the right to strike in accordance with law, and 4. Participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.  ART. 212. DEFINITIONS  EMPLOYER- one who employs the services of others; one for whom employees work and who pays their wages or salaries. any person acting in the interest of an employer, directly or indirectly. The term does not include a labor organization or any of its officers and agents, EXCEPT when acting as an employer.  EMPLOYEE- one who works for an employer; a person working for salary or wages. • Shall not be limited to the employees of a particular employer, and it shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice IF he has not obtained any other: 1. Substantially equivalent and 2. Regular employment (Art.212f) ICAWO vs. CIR (16 SCRA 562): The category of “any employee” is so broad as to justify employee status for supervisors, regular workers, casual employees, emergency laborers, substitute workers, seasonal workers, part-time workers and other special work groups. APEX MINING CO., vs. NLRC (196 SCRA 251): Laundrywoman not actually serving the family of the employer but

working in the staff houses or within the premises of the employer’s business is a regular employee and is not included in the definition of domestic helper. FELIX vs. BUENASEDA (240 SCRA 139): Residency or resident physician position in a medical specialty is not employment but connotes training and temporary status. (No E-E relationship)  WORKER’S ASSOCIATION - any association of workers organized for the mutual aid and protection of its members or for any legitimate purpose other than for collective bargaining.  INDEPENDENT UNION – It refers to any labor organization operating at the enterprise level whose legal personality is derived through an independent action for registration with the Bureau of Labor Relations (BLR) of the Department of Labor and Employment prescribed under Art. 234. It may be affiliated with a federation, national or industry union, in which case it may also be referred to as an affiliate.  FEDERATION - any labor organization with at least 10 locals/chapters or affiliates each of which must be a duly certified or recognized as the sole and exclusive collective bargaining agent of the employees of an appropriate bargaining unit.  LEGITIMATE WORKER’S ASSOCIATION – refers to an association of workers organized for mutual aid and protection of its members of for any legitimate purpose other than collective bargaining registered with the Department in accordance with Rule III, Sections 2-C and 2-D of these rules.  LABOR MANAGEMENT COUNCIL - Deals with the employer on matters affecting the employee’s rights, benefits and welfare. Purposes are to:
a. b. c. promote gainful employment improve working conditions and achieve increased productivity (RA 6971)

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

San Beda College of Law
MEMORY AID
IN

3 LABOR LAW

 LABOR ORGANIZATION — any union or association of employees which exists in whole in part for the purpose of collective bargaining with employers concerning terms and conditions of employment.  LEGITIMATE LABOR ORGANIZATIONany labor organization which is duly registered with the Department of Labor. The term includes a local/chapter of the Bureau of Labor Relations directly chartered by a legitimate federation or national union which has been duly reported to the Department in accordance with Rule VI, Section 2 of Book V of the Rules Implementing the LC.  LABOR DISPUTE – includes controversy or matter concerning:
1. 2.

any

terms or conditions of employment OR the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment

REGARDLESS of whether the disputants stand in the proximate relation of employer and employee. • The test of whether a labor controversy comes within the definition of a labor dispute depends on whether it involves or concerns terms, conditions of employment, or representation.  TYPES OF LABOR DISPUTES: 1. Labor Standards Disputes a. Compensation [e.g., underpayment of minimum wage; stringent output quota; illegal pay deductions] b. Benefits [ e.g., nonpayment of
c. holiday pay, overtime pay or other benefits] Working conditions [e.g., unrectified work hazards]

a. Organizational right dispute/ unfair labor practice [e.g., coercion, restraint or interference in unionization efforts; reprisal or discrimination due to union activities; company unionism] b. Representation disputes [e.g., determination of the collective bargaining unit; ULP strike; uncertainty as to determination of the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit which is the majority union] c. Bargaining disputes [e.g., refusal to bargain (ULP); bargaining deadlock; economic strike or lockout] d. Contract administration or personnel policy disputes [e.g., noncompliance with CBA provisions (ULP if gross noncompliance with economic provisions); disregard of grievance machinery; violation no strike/no lockout agreement] e. Employment tenure disputes [e.g., non regularization of employees; illegal termination; non-issuance of employment contract]  PARTIES TO A DISPUTE: 1. PRIMARY PARTIES – employer, employees, union 2. SECONDARY PARTIES – voluntary arbitrator, agencies of DOLE (BLR, VAC), NLRC, Sec. of Labor, Office of the President

TITLE II NATIONAL LABOR RELATIONS COMMISSION CHAPTER I CREATION AND COMPOSITION
 ART. 213. NATIONAL RELATIONS COMMISSION LABOR

2. Labor Relations Disputes

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

• LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Emil Bien Ongkiko.  DIVISION 1. from the public sectornominated by the Secretary of Labor 2.A. Elsa Villaflor(Labor Relations). Ma. workers organizationsnominated by the labor federation 3. 2.   TRIPARTISM • • The NLRC is composed of five (5) divisions. preferably a resident of the region where he is to hold office. Three (3) sectors are represented in the composition of the NLRC. 3. Promulgating rules & regulations governing the hearing & disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations. must have been engaged in the practice of law in the Philippines for at least 7 years. must have experience or exposure in handling labor management relations for at least 5 years. • The appointment of the Chairman and the Commissioners of the NLRC are not subject to confirmation by the Commission on Appointments. Each division composed of three commissioners will have representatives from the following:  TERM OF OFFICE OF THE CHAIRMAN. Exercises adjudicatory or appellate power over decisions of Labor Arbiters and Regional Directors of the DOLE over monetary claims not over P5. Under R. QUALIFICATIONS OF EXECUTIVE LABOR ARBITERS/LABOR ARBITERS: 1. and 3. Kareen Faye Pioquinto . must have been engaged in the practice of law in the Philippines for at least 15 years. 7700: to allow cases within the jurisdiction of any division to be heard and decided by any other decision whose docket allows the additional workload.000. functions and duties through its divisions. must be a member of the Philippine Bar. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. IN 4 LABOR LAW 1. 6715  EN BANC 1. and 4. attached to the DOLE for program & policy coordination only.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jr. COMMISIONERS. EDP’S: Jennifer Trinidad. 2.San Beda College of Law MEMORY AID  NLRC – an administrative body with quasi-judicial functions and the principal government agency that hears & decides labor-management disputes. POWERS of the NLRC – as amended by R. Jasmine Isip. 2. must be members of the Philippine Bar.00 and all other powers.A. must have experience or exposure in handling labor management relations for at least 3 years. employer and management sectornominated by the Employer’s Confederation of the Philippines (ECOP)  QUALIFICATIONS OF THE CHAIRMAN AND THE COMMISSIONERS: 1. AND LABOR ARBITERS: • They shall hold office during good behavior 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.

2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. -Petitions for certiorari (Rule 65) 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.In certain cases however the filing of a Motion for Reconsideration is deemed a condition sine qua non for the filing of a Petition for Certiorari. EXCLUSIVE AND ORIGINAL JURISDICTION OF THE NLRC: 1. 217. (St. within 30 calendar days after the submission of the case by the parties for decision without extension.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.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. whether agricultural or non-agricultural: 1. Cases certified to it for compulsory arbitration by the Secretary of Labor under Art. Elsa Villaflor(Labor Relations). INJUNCTION CASES under Art.000. ULP cases. Jr. even in the absence of stenographic notes. Kareen Faye Pioquinto . formulating policies affecting its administration and operations. 2. G. No.Cases DECIDED BY LABOR ARBITERS under Art 217b of the Labor Code and Sec 10 RA 8012(Migrant Workers Act). Martin’s Funeral Homes vs. aside from the increased number of its component divisions. CHAPTER II POWERS AND DUTIES  ART. Jasmine Isip. The Court of Appeals is IN 5 LABOR LAW procedurally equipped to resolve unclear or ambiguous factual finding.00  THE NLRC ONLY SITS EN BANC FOR PURPOSES OF: a. EXCLUSIVE APPELLATE JURISDICTION OF THE NLRC: 1. . AND 3. CONTEMPT CASES B. TERMINATION disputes.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 130866) .R. • The Commission may only sit en banc for the determination of policies and NOT for purposes of adjudication. . Emil Bien Ongkiko.Labor cases are not subject to Barangay Conciliation since ordinary rules of procedure are merely suppletory in character vis-à-vis labor disputes which are primarily governed by labor laws. NLRC. the following cases involving all workers. 218 and 264.Cases DECIDED BY THE REGIONAL OFFICES OF DOLE IN THE EXERCISE OF ITS ADJUDICATORY FUNCTION under Art 129 of the Labor Code over monetary claims of workers amounting to not more that P5. Ma. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. and b. JURISDICTION OF LABOR ARBITERS AND THE COMMISSION  EXCLUSIVE AND ORIGINAL JURISDICTION OF LABOR ARBITERS: Except as otherwise provided under this Code the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide. 263 – CERTIFIED CASES.San Beda College of Law MEMORY AID A. and 2. (RA 6715) • Adjudication of cases certified to the NLRC. or appealed to it from the decision of its Labor Arbiters are referred to and decided by its five (5) divisions. EDP’S: Jennifer Trinidad. . promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches.

Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.San Beda College of Law MEMORY AID 3. 5. Claims for actual. (Lasco vs. MONETARY CLAIMS OF OVERSEAS CONTRACT WORKERS under the Migrant Workers Act of 1995. Emil Bien Ongkiko. Disputes on the interpretation or implementation of CBA and b. 7. Elsa Villaflor(Labor Relations). • The labor arbiter and the NLRC have no jurisdiction over claims filed by employees against international agencies such as IRRI. If accompanied WITH A CLAIM FOR REINSTATEMENT. hours of work and other terms and conditions of employment. moral. • IN 6 LABOR LAW same to the grievance machinery and voluntary arbitration: a. Jr. Jasmine Isip. Social Security. Kareen Faye Pioquinto . EDP’S: Jennifer Trinidad. WHO etc. Medicare and maternity benefits. including questions involving the legality of strikes and lockouts.000. 4. • Although the provision speaks of EXCLUSIVE AND ORIGINAL JURISDICTION OF labor arbiters. ALL OTHER CLAIMS ARISING FROM EMPLOYEREMPLOYEE RELATIONS. Claims of employees against GOCCs if the latter does not have an original charter and has been incorporated under the Corporation Code. CASES ARISING FROM ANY VIOLATION OF ART 264 of this Code. and 8. 6. The law prefers voluntary over compulsory arbitration. involving an amount exceeding P5. including those of persons in domestic or household service. rates of pay. 262.00 regardless of whether accompanies with a claim for reinstatement. those cases that workers may file involving wages. UNRFNRE) They also have no jurisdiction over illegal dismissal cases of corporate officers which fall under PD 902-A and now fall under the jurisdiction of the Regular Courts pursuant to the New Securities Regulation Code. [Formerly under the jurisdiction of the Securities and Exchange Commission (SEC) (Dily-Daly Nakpil vs NLRC)]  Cases which must be disposed of by the labor arbiter by referring the LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. exemplary and other forms of DAMAGES arising from employeremployee relations. unless they expressly waive their immunity. Ma. the cases enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties under Art.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Except claims for Employees Compensation. those arising from the interpretation or enforcement of company personnel policies.

Jr. all known persons against whom the relief is sought and b. RECEPTION AT THE HEARING OF THE TESTIMONIES OF WITNESSES with opportunity for crossexamination. prohibited or unlawful act. 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 • That complainants has no adequate remedy at law • That public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection. to: a.  ART.  Labor arbiters’ employment related. 218. R ule-making power [promulgation of rules & regulations governing disposition of cases before any of its divisions/regional offices] b. Posting of a BOND IRREPARABLE INJURY: An injury which cannot be adequately compensated in damages due to the  COMPULSORY ARBITRATION: The process of settlement of labor disputes by a government agency which has the authority to investigate and make and award binding to the parties.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma. COMMISSION jurisdiction is POWERS OF THE  POWERS OF THE NLRC: a. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto . the hearings and judgment rendered by the labor arbiter are null and void. • That substantial and irreparable injury to the complainant’s property will follow • That as to each item of relief to be granted.  The NLRC may conduct compulsory arbitration only in national interest cases referred to it by the DOLE secretary. but no injunction or temporary restraining order shall be issued on account of any threat. issue subpoenas] c. P ower to issue compulsory processes [administer oaths. HEARING AFTER DUE AND PERSONAL NOTICE has been served in such manner as the Commission shall direct. except against the persons. FINDING OF FACT of the Commission to the effect that : • prohibited or unlawful acts have been threatened and will be committed. EDP’S: Jennifer Trinidad. c. e. Emil Bien Ongkiko. or have been committed and will be continued unless restrained.San Beda College of Law MEMORY AID • In the absence of service of summons or a valid waiver thereof. IN 7 LABOR LAW threatened or committed charged with the duty to protect the complainant’s property. Power to investigate matters and hear disputes within its jurisdiction [adjudicatory power —original & appellate jurisdiction over cases] d. Contempt power [218] e. Elsa Villaflor(Labor Relations). filing of a verified PETITION b. association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof. in support of the allegations of the complaint made under oath as well as testimony in opposition thereto d. summon parties. also to the Chief Executive or other public officials of the province or city within which the unlawful acts have been LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Power to issue injunctions and restraining orders  PROCEDURE FOR THE ISSUANCE OF RESTRAINING ORDER/ INJUNCTION: a. Jasmine Isip.

material. Secretary of Labor (ART.  APPROVAL OF AN AMICABLE SETTLEMENT BY A LABOR ARBITER LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Ask any employee. EDP’S: Jennifer Trinidad. building. and b. or any person as the case may be for any information or date concerning any matter or question relative to the object of the investigation  ART.  THE FOLLOWING CAN ISSUE INJUNCTIONS/ TRO IN LABOR DISPUTES: 1. 263. ADEQUATE REMEDY: One that affords relief with reference to the matter in controversy and which is appropriate to the particular circumstances of the case. • The TRO shall be effective for 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. OCULAR INSPECTION  The Chairman. and expense of defense against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission. implement. President (ART.  The power of the NLRC to enjoin or restrain the commission of any or all prohibited or unlawful acts under Art. ship. Ma. machinery. • It may be lifted or it may be upgraded to a permanent injunction. g) 2. Med. to justify the Commission in issuing a temporary injunction upon hearing after notice. 218 of the Labor Code can only be exercised in a labor dispute. Jr. g) 3. The complainant shall first FILE AN UNDERTAKING WITH ADEQUATE SECURITY/BOND in an amount to be fixed by the Commission sufficient to recompense those enjoined for any loss. Jasmine Isip. including all reasonable costs. The complainant shall ALLEGE THAT. at anytime during working hours: a. (Principe vs. Labor Arbiters (ART. appliance or any object therein. Philippine-Singapore Transport Services Inc. Elsa Villaflor(Labor Relations). place or premises. including any work. Kareen Faye Pioquinto .)  RES JUDICATA applies only to judicial or quasi-judicial proceedings and NOT to the exercise of administrative powers. Conduct an ocular inspection on any establishment. TESTIMONY UNDER OATH is sufficient. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO AMICABLE SETTLEMENT  The NLRC may disregard technical rules of procedure in order to give life to the constitutional mandate affording protection to labor. Emil Bien Ongkiko.San Beda College of Law MEMORY AID nature of the injury itself or the nature of the right or property injured or when there exists no pecuniary standard for the measurement of damages. 1 of IR&R) 5. labor Arbiter or their duly authorized representatives may. a substantial and irreparable injury to complaint’s property will be unavoidable.Arbiters  ART. 219. 3. expenses or damage caused by the improvident or erroneous issuance of such order or injunction. 263. NLRC (218) 4. 2. any Commissioner. together with a reasonable attorney’s fee. IN 8 LABOR LAW • The procedural and substantial requirements of Art 218 (e) must be strictly complied with before an injunction may issue in a labor dispute.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). laborer. 221. unless a TRO is issued without notice. Regional Directors 6. 217/RULE XI Sec. if sustained. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  REQUISITES BEFORE TRO MAY BE ISSUED EX PARTE: 1.

 ART. 222 a. Ma. Art. 111 Labor Code (simple monetary claim) The maximum amount to be given a lawyer for his legal assistance rendered which is 10% of the total monetary award adjudged the employees excluding the award for moral and exemplary damages. as a way of settling disputes is encouraged • through compromise. To demand more than this is unlawful. b. NLRC). Attorney’s fees for CBA negotiations and conclusion shall be in the amount agreed upon by the parties to be taken from the union funds and not from individual union members.  COMPROMISE. Emil Bien Ongkiko. 222 Prohibits the payment of attorney’s fees only when it is effected through forced contribution from the workers from their own funds as distinguished from union funds PURPOSE: to prevent the imposition on the workers of the duty to individually contribute their respective shares in PURPOSE: to fix the limit on the amount of attorney’s fees. ART. PURPOSE: for the employee’s protection—because the labor arbiter before whom the case is pending would be in a better position than just any other person to personally determine the voluntariness of the agreement and certify its validity (Periquet vs. IN 9 LABOR LAW ATTORNEY’S FEES: 1. it was VOLUNTARILY ENTERED into by the parties and • after having EXPLAINED TO THEM THE TERMS AND CONSEQUENCES thereof. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. if he is a duly accredited member of the legal aid office duly recognized by the DOJ in cases referred thereto by the latter or by the IBP. The victorious party may recover in any LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad. Kareen Faye Pioquinto .  ARTICLE 211 VS ARTICLE 222 ART. by making reciprocal concessions.  The Rules of Court are applied in a suppletory character. 222. if they represent their organization or members thereof. 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 union funds. or 3. Any agreement to the contrary shall be null and void. 211 Prohibits the award of attorney’s fees which exceed 10% of the amount of wages recovered. avoid litigation or put an end to one already commenced.San Beda College of Law MEMORY AID An amicable settlement of a labor dispute should be approved by the labor arbiter before whom the case is pending after being satisfied that: a. 2. APPEARANCES AND FEES  APPEARANCE OF NON-LAWYERS BEFORE THE COMMISSION: GENERAL RULE: ONLY lawyers can appear before the NLRC or a Labor Arbiter EXCEPTIONS: Non-Lawyers can appear ONLY in the following instances: 1. if they represent themselves. Neither the lawyer nor the union itself may require the individual workers to assume the obligation to pay the attorney’s fees from their own pockets. Jr. 2. the parties. Art. Jasmine Isip. Elsa Villaflor(Labor Relations). c.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).

decisions of the labor arbiter: • within 10 calendar days from the receipt of the decision. the appeal may be filed on the next business day.If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter 2. EDP’S: Jennifer Trinidad.000. Jasmine Isip. Trajano)  REQUISITES FOR THE PERFECTION OF AN APPEAL TO THE NLRC: 1. Elsa Villaflor(Labor Relations). Proof of service . including graft and corruption. Kareen Faye Pioquinto . Appeal fee of P150.furnish the other party with a copy of the memo of appeal.If made purely on questions of law.If the decision. The perfection of an appeal within the statutory/ reglementary period is not only mandatory but also jurisdictional and failure to do so renders the questioned decision final and executory as to deprive the appellate court of jurisdiction to alter the final judgment of the RDs and LAs. • Failure to give a copy of the appeal to the appellee within 10 days is not fatal IF the latter was not prejudiced by the delay in the service of said copy of the appeal—technical rules must yield to the broader interest of substantial justice.  PERIODS APPEAL: WITHIN WHICH TO A.San Beda College of Law MEMORY AID administrative judicial proceeding. Noriel) • LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 2. • The intention of the lawmakers is to make the bond an indispensable requisite for the perfection of an appeal by the employer. • Where the employer failed to post a bond to perfect its appeal. IN 10 LABOR LAW CHAPTER III APPEAL  ART. • Where the 10th day falls on a Saturday. • The appeal must be under oath and must state specifically the grounds relied upon and the supporting arguments.00]. Emil Bien Ongkiko. APPEAL  GROUNDS FOR APPEAL: 1. or the fee to be paid to the attorney for his services to the union. 3. (Rules of Procedure of NLRC)  PERIOD TO APPEAL—NOT EXTENDIBLE • It is the policy of the state to settle expeditiously labor disputes. Sunday or legal holiday. B.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the remedy of the employee is a motion to dismiss the appeal. 4. 3. 223. when the appellee is the employer he should file an APPEAL BOND corresponding to the monetary award excluding awards for moral and exemplary damages and attorney’s fees. decisions of the regional director: • within 5 calendar days from receipt of the order [129 LC— Recovery of wages and simple money claims of the amount not exceeding P5. Ma.If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.Filing of A VERIFIED MEMORANDUM OF APPEAL within the required period of appeal. (Aboitiz Shipping Employees Association vs.In case of monetary award. and 4. order or award was secured through fraud or coercion. NOT a petition for mandamus. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. (Modern Fishing Gear Labor Union vs. Jr.

OR 2.The petition must be filed within a fixed period of 6 months from entry of such judgment. award or order of the commission on appealed cases before it. the Bureau or Regional Director the Labor Arbiter. Jasmine Isip. and 2.  A petition for relief from the decision of the labor arbiter must strictly comply with 2 reglementary periods: 1.  OPTIONS OF THE EMPLOYER IN COMPLYING WITH AN ORDER OF REINSTATEMENT WHICH IS IMMEDIATELY EXECUTORY: 1. EXECUTION DECISIONS.  ART 224. Elsa Villaflor(Labor Relations). • There is no need for a motion for the issuance of writ of execution on the reinstatement order as it is self-executory. or the NLRC. EDP’S: Jennifer Trinidad. In these cases. the special civil action of certiorari. Emil Bien Ongkiko. OR AWARDS OF The decision of the Secretary of Labor. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. IN 11 LABOR LAW  EXECUTION PENDING APPEAL .The petition must be filed within 60 days from knowledge of the judgment. Martin’s Funeral Home vs.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. the Commission. • Petitions filed beyond said period will no longer be entertained. • Failure to exercise one of the foregoing options may be compelled under pain of contempt and the employer may be made to pay instead the salary of the employee.  Only one Motion for Reconsideration of the decision. (Pioneer Texturizing Co. (ACDA vs NLRC.  APPEAL FROM THE DECISION OF THE NLRC: No law allows an appeal from a decision of the Secretary of Labor. Kareen Faye Pioquinto . (St. the Med-Arbiter or the Voluntary Arbitrator shall be final and executory after 10 LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. ORDER. NLRC)  Perfection of appeal within the reglementary period is both MANDATORY and JURISDICTIONAL.San Beda College of Law MEMORY AID • A mere notice of appeal does not stop the running of the reglementary period of appeal. Jr. Ma. However a Motion for Reconsideration of a Labor Arbiter’s decision.  AMOUNT OF APPEAL BOND: amount equal to the monetary award exclusive of damages (moral and exemplary) plus attorney’s fees. or of a voluntary arbitrator. prohibition or mandamus under Rule 65 of the Rules of Court may be lodged with the Court of Appeals. vs. Volkschel vs NLRC)  Non-service of the copy of the appeal/appeal memorandum to the adverse party is not a jurisdictional effect and does not justify dismissal of the appeal. award or order which has all the elements of an appeal may be treated as appeal.He can REINSTATE THE EMPLOYEE MERELY IN THE PAYROLL WITH PAYMENT OF THE ACCRUED SALARIES. CA)  No Motion for Reconsideration is allowed for any order.the decision of the labor arbiter ordering the reinstatement of a dismissed or separated employee shall be immediately executory insofar as the reinstatement aspect is concerned and the posting of an appeal bond by the employer shall not stay such execution.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). decision or award of a Labor Arbiter.

cancellation of registration of a labor organization filed by its members or by any other labor organization.an officer in the regional office or bureau authorized to hear. Ma.  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. and even the regular courts over intra-corporate disputes. upon its own initiative or on motion of any interested party.O. NLRC. the regional wage and productivity boards. POEA. Jr. IN 12 LABOR LAW -to act at its own initiative or upon the request of either or both parties on all: 1. issue a writ of execution on a judgment within 5 years from the date it becomes final and executory. OWWA.  INTRA-UNION DISPUTES – refers to any conflict between and among union members. settle their differences by submitting their case to a voluntary arbitrator rather than taking the case to the BLR.union conflicts 2. SSS-ECC. including grievances arising from any violation of the rights and conditions of membership.San Beda College of Law MEMORY AID calendar days from receipt thereof by the parties and shall be executory within ten (10) years. COVERAGE OF INTER/INTRA-UNION DISPUTES (Sec.INTER. and the Office of the Secretary.all DISPUTES. RELATIONS BUREAU OF LABOR  Pursuant to E. GRIEVANCES OR PROBLEMS ARISING FROM OR AFFECTING LABOR MANAGEMENT RELATIONS IN ALL WORKPLACES WHETHER AGRICULTURAL OR NONAGRICULATURAL. • The foregoing may. • An independent action is required for the execution of the final judgement within the next of following 5 years [ Phil. NWPC. 1989)] • 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. Emil Bien Ongkiko.union conflicts 3. Jurisdiction over labormanagement problems or disputes is also exercised by other offices such as the DOLE regional offices. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and decide representation cases or assist in the disposition of intra or inter-union disputes. National Railways vs NLRC (177 SCRA740.  EXCLUSIVE AND ORIGINAL JURISDICTION OF THE BLR • LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) has absorbed the conciliation.  MED-ARBITER. Elsa Villaflor(Labor Relations). Jasmine Isip.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). by agreement. 1 Rule XI DO 40-03) a. or disputes arising from chartering or affiliation. b. 126. violation of or disagreement over any provision of the union’s constitution and by-laws. conduct of election of union and worker’s association officers/nullification of election TITLE III BUREAU OF LABOR RELATIONS  ART. 226. Kareen Faye Pioquinto . mediation and voluntary arbitration functions of the BLR.INTRA. conciliate. Sept. 19. • The parties may however. EDP’S: Jennifer Trinidad.

d. and collective bargaining – 1. validity/invalidity of acceptance/non-acceptance for union membership. c. audit/accounts examination of union or worker’s association funds. Jasmine Isip. futility of intra-union remedies b. • Imposition of fees by the union affects the entire membership. except interpretation of CBAs. arbitrary. violations of or disagreements over any provision in a union or worker’s association constitution and by-laws.It must also show exhaustion of administrative remedies. opposition to application for union and CBA registration. j. Emil Bien Ongkiko. violations of the rights and conditions of union or worker’s association membership. l. and oppressive g. lack of jurisdiction of the investigating body f. INVOLVING ENTIRE MEMBERSHIP 1.In such case only the affected member may file the complaint. validity/invalidity of union affiliation or disaffiliation. or group that is not a labor organization or worker’s association. • Redress must first be sought within the union itself in accordance with its constitution and by-laws EXCEPT under any of the following circumstances: a. such other disputes or conflicts involving the rights to selforganization. f. h. cancellation of registration of unions and workers associations. g. Kareen Faye Pioquinto .The complaint must be signed by at least 30% of the entire membership of the union and 2. Elsa Villaflor(Labor Relations). B. a petition for interpleader  SPECIAL REQUIREMENTS AS TO THE FILING OF CASES: A. improper expulsion procedure c. n. i. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. k. e. between and among members of a union or worker’s association EXTENDED COVERAGE (Section 2 Rule XI DO 40-03) Other related labor relations disputes shall include any conflict between a labor organization and the employer or any individual. therefore it requires that the complaint should be signed by at least 30% of the membership of the union. m. action of the administrative agency is patently illegal.San Beda College of Law MEMORY AID of union and worker’s association officers. Ma. where the administrative agency was practically given the opportunity to act on the case but it did not. deregistration of CBA. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. issue is purely a question of law h. the action is for damages e. where the administrative agency had already prejudged the case i. INVOLVING A MEMBER ONLY . and IN 13 LABOR LAW 2. EDP’S: Jennifer Trinidad. validity/invalidity of impeachment/ expulsion of union and worker’s association officers. validity/invalidity of voluntary recognition. between and among legitimate labor organizations 2. entity. disagreements over chartering or registration of labor organizations and CBAs. undue delay in appeal as to constitute substantial injustice d. violations of the rights of legitimate labor organizations.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jr. union membership. This includes: 1.

cause(s) of action or specific violation(s) committed. Elsa Villaflor(Labor Relations). h. Jasmine Isip. the rights. EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID  INTER-UNION DISPUTES -refers to any conflict between and among legitimate labor organizations involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor organizations based on any violations of their rights as labor organizations. its officers or members 1. member(s) thereof specially concerned 2. verified under oath 3. its officers or members 2.The filing or pendency of any inter/intraunion disputes is not a prejudicial question to any petition for certification election and LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. facts and circumstances surrounding the complaint or petition. IN 14 LABOR LAW . Directly with the Bureau—If it involves a Federation/National Unions/Industry Unions. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.The rights. any LLO b.If it involves labor unions with independent registrations. a statement that the administrative remedies provided for in the constitution and by-laws -have been exhausted or -such remedies are not readily available to the complainant(s) or petitioner(s) through no fault of his/their own or -compliance with such administrative remedies does not apply to complainant(s) or petitioner(s). certificate of non-forum shopping. and i. Kareen Faye Pioquinto . f. in writing 2. other relevant matters EFFECTS OF FILING/PENDENCY OF INTER/INTRA-UNION DISPUTE AND OTHER LABOR RELATIONS DISPUTES (Section 3 Rule XI DO 40-03) so ordered. worker’s association. c. 2—any party-in-interest 1. relief(s) prayed for. relationships and obligations of the parties litigants against each other and other parties-in-interest prior to the institution of the petition shall continue to remain during the pendency of the petition and until the date of finality of the decision rendered therein. contains the following averments a. Jr. Thereafter. relationships and obligations of the parties litigants against each other and other partiesin-interest shall be governed by the decision WHO WHERE FILED FORMAL REQUIREMENTS 1. Regional Office that issued its certificate of registration or certificate of creation of chartered local. . b. chartered locals. e. Emil Bien Ongkiko. d. name. name. address and other personal circumstances of the respondent(s) or person(s) charged. For grounds under Sec. address and other personal circumstances of the complainant(s) or petitioner(s). 1: a. g.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). nature of the complaint or petition. Ma. For grounds under Sec.

Emil Bien Ongkiko. NLRC and other agencies on labor disputes. signed in the presence of the regional director or his duly authorized representative. Of Labor—if the case originated from the Bureau Regional Office or to the BLR. and c. 9511. EDP’S: Jennifer Trinidad. inter alia.The REGULATION OF REGISTRATION of the labor unions. 227.San Beda College of Law MEMORY AID shall not be a ground for the dismissal of a petition for certification election or suspension of proceedings for certification election.R. must be freely entered into. IN 15 LABOR LAW •  SUMMARY OF RULES ON INTRA/INTERUNION DISPUTES (Rule XI DO 40-03)  MODES OF APPEAL IN INTRA/INTERUNION DISPUTES (Rule XI DO 40-03) 1. PERIOD TO WHOM APPEALABLE WHERE FILED memorandum of appeal 3. Ma. determine the principal issue. Inc. • May be effected at any stage of the proceedings and even when there is already a final executory judgment (2040 NCC). Under oath HOW (formal 2. morals or public policy. With supporting arguments and evidence Within 10 days from receipt of decision 1. the Med-Arbiter has the authority. Consist of a requirements) In cases where there is overlapping of jurisdiction. Kareen Faye Pioquinto .The KEEPING OF A REGISTRY of labor unions. 22 April 1991)  FORMAL REQUIREMENTS OF A VALID COMPROMISE AGREEMENT: 1.  REQUIREMENTS: a. Bureau of Labor Relations—if the case originated from the Med Arbiter/Regional Director 2. all disputes. grievances or problems arising from or affecting labor-management relations in all workplaces. b. 3. vs. to determine the existence of an employer-employee relationship. must be approved by the authority before whom the case is pending [see discussion on article 221—approval of labor arbiter of an amicable settlement in a case before him. 2. Laguesma G. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. (MY San Biscuits. in the exercise of this jurisdiction over labor-management relations. Elsa Villaflor(Labor Relations).  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Based on either of the following grounds: a. (Jesalva vs. must not be contrary to law. COMPROMISE AGREEMENTS. Sec. where the complaint originated (records are transmitted to the BLR or Sec. Jr. No. The agency that has jurisdiction thereon may decide on the incidental issues. Jasmine Isip. Bautista)  DETERMINATION OF EMPLOYEE RELATIONSHIP: - EMPLOYER- Since the BLR has the original and exclusive jurisdiction to decide.  WITH vs. necessarily. original and exclusive.The maintenance of a FILE OF CBAS. The maintenance of a file of all settlements or final decisions of the Supreme Court. WITHOUT ASSISTANCE OF DOLE-COMPROMISE AGREEMENTS Without assistance With the of DOLE assistance of LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Court of Appeals. Within 24 hours from receipt of the memorandum of appeal)  ADMINISTRATIVE FUNCTIONS OF THE BLR: 1. Grave abuse of discretion b. in writing 2. ART. • Cannot be entered into when the final judgment is already in the process of execution. and 4. Gross violation of the Rules 4.

2. The CONSIDERATION MUST BE REASONABLE (required only when entered without the assistance of DOLE) • Dire necessity is not an acceptable ground for annulling the releases.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). [See discussion on Arts. NLRC)  ART 231.  ART 232. it is highly impressed with public interest for it is an essential instrument to promote industrial peace. IN 16 LABOR LAW employees were forced to execute them. Must be filed directly with the Bureau or the Regional Offices of DOLE within thirty (30) days from execution. 253 & 253-A] . Kareen Faye Pioquinto . a waiver of reinstatement must be regarded as a personal right which must be exercised personally by the workers themselves. Jr. It must be WITH THE ASSISTANCE of the Bureau of Labor Standards. EDP’S: Jennifer Trinidad. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID DOLE a. enforce compromise by writ of execution 2. The quitclaim must be VOLUNTARILY ARRIVED at by the parties. REGISTRY OF UNIONS AND FILE OF COLLECTIVE AGREEMENT • The CBA is more than a contract. Bureau of Labor Relations or any representative of the DOLE. LIBERTY FLOUR MILLS EMPLOYEES v. (Veloso vs. vs. a CBA becomes effective as between the parties regardless of whether or not the same has been certified by the BLR. or if there is prima facie evidence that the settlement was obtained through fraud. 180 SCRA 668  The certification of the CBA by the BLR is not required to put a stamp of validity to such contract. misrepresentation. VALIDITY/BINDING EFFECT .  REQUIREMENTS QUITCLAIM: OF A VALID  Registration of the CBA is not a requisite for its validity. especially in the absence of proof that the CONTRACT BAR RULE: provides that while a valid and registered CBA is subsisting for a fixed period of 5 years . DOLE)  WAIVER OF REINSTATEMENT – like waivers of money claims.Valid and binding upon the parties b. Ma. LFM.Valid and binding upon the parties . or coercion • •  OPTIONS WHEN COMPROMISE AGREEMENT IS VIOLATED: 1. PROHIBITION CERTIFICATION ELECTION ON 1. Once it is duly entered into and signed by the parties. in case of non compliance with the compromise agreement. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Emil Bien Ongkiko. Jasmine Isip. An UNREGISTERED CBA does not bar certification election [contract bar rule will not apply in the absence of registration. and 3.Can no longer be repudiated— becomes final and binding upon the parties upon execution EXCEPT a. REPUDIATION Can be repudiated by the parties by going to the Commission NOTE: ULP cases are not subject to compromise. INC. the Bureau is not allowed to hold an election contesting the majority status of the incumbent union except during LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. (Jag & Haggar Jeans and Sportswear Corp. regard it as rescinded and insist upon original demand.

• Conciliators and similar officials may not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them. PURPOSE OF FORMATION OF LABOR UNIONS: for securing a fair and just wages and good working conditions for the laborers. Elsa Villaflor(Labor Relations). Emil Bien Ongkiko.  ART 233. This is true only of a union that has won in certification election or has been voluntarily recognized by the employer. Kareen Faye Pioquinto . • Not every legitimate labor organization can act as bargaining representative and be certified as such. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).  Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. and for the protection of labor against the unjust exactions of capital MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS 1. REQUIREMENTS OF REGISTRATION  LABOR ORGANIZATION .  The existence of the CBA bars the holding of an inter-union electoral contest and the filing of the Petition for Certification Election except within the freedom period.San Beda College of Law MEMORY AID the sixty (60) day period immediately prior to its expiration. 234. • It is the agent of the employees of an appropriate bargaining unit.Any union or association of employees which exists in whole or in part for the purpose of: a. to until minimize union the proper time PRIVILEGED IN 17 LABOR LAW  ART. Jr. COMMUNICATION PRIVILEGED COMMUNICATION: Any statement of such privacy that the law exempts the person receiving the information from the duty to disclose it. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and Bureau of Labor Relations. PURPOSE: “politicking” comes. of dealing with employer concerning terms and conditions of employment. Affiliation with a legitimate labor federation TITLE IV LABOR ORGANIZATIONS CHAPTER I REGISTRATION AND CANCELLATION LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. which period is called the freedom period. Ma. Registration with the BLR (Independent Union) 2. collective bargaining or b. Jasmine Isip. PRINCIPLE OF AGENCY APPLIED • Principal – employees • Agent – local/chapter • Agent of agent – federation  LEGITIMATE LABOR ORGANIZATION or LABOR UNION – any labor organization duly registered with the Department of Labor and Employment.

the applicant’s constitution and by-laws. EDP’S: Jennifer Trinidad. Ma. minutes of its adoption or ratification.  A prescribed registration fee must be paid before the issuance of the certificate of registration Where to registration: file application for o o 1. in which case a statement to this effect shall be included in the application. Elsa Villaflor(Labor Relations). the minutes of the organizational meeting(s) and the list of employees who participated in the said meeting(s). the annual financial reports if the applicant has been in existence for one or more years.  MINISTERIAL DUTY OF THE BLR COMPELLABLE BY MANDAMUS. Emil Bien Ongkiko. as the case may be. (These are requirements) IN 18 LABOR LAW reportorial called  The application for registration of labor unions xxx.  the name of its officers and their respective addresses. national unions or workers’ associations operating in more than one region shall be filed with the bureau or the regional offices. Applications for registration of federations. worker’s associations shall be filed with the Regional office where the applicant principally operates. it becomes mandatory for the BLR to check if the requirements under Article 234 have been sedulously complied with. especially those appearing on the face of the application and the supporting documents. and submitted to the Regional Office or the Bureau. Kareen Faye Pioquinto . the factual circumstances of the ratification shall be recorded in the minutes of the organizational meeting(s). Jr. The list of ratifying members shall be dispensed with where the constitution and by-laws was ratified or adopted during the organizational meeting. o approximate number of employees in the bargaining unit where it seeks to operate. its principal address.to review the application for registration and not the issuance of a Certificate of Registration. Jasmine Isip. For registration of independent labor unions.San Beda College of Law MEMORY AID [REGISTRATION REQUIREMENTS FOR LABOR ORGANIZATIONS (as amended by DO 40-03)] 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Application for registration 4. Attachments  name of the applicant labor union. 2. It shall be processed by the Labor Relations Division at the Regional office.After a labor organization had filed the necessary papers and documents for registration. with a statement that it is not reported as a chartered local of any federation or national union.  The attachments must now be in one(1) original copy and two (2) duplicate copies which shall accompany the application or notice. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. a labor organization should be denied recognition as a legitimate o o LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. . shall be certified under oath by its Secretary or Treasurer. the name of all its members comprising at least 20% of the employees in the bargaining unit. In such a case. but shall be processed by the bureau. unless it has not collected any amount from the members. and attested by its president. If its application for registration is vitiated by falsification and serious irregularities. chartered locals. and the list of the members who participated in it.

the certificate of affiliation issued by the federation in favor of the independently registered labor union. b. 2. which must be accompanied with the requirements for registration of a labor registration. the application should also be accompanied by the following: 1. • It is the fact of being registered with the DOLE that makes a labor organization legitimate in the sense that it is clothed with legal personality to claim representational and bargaining rights enumerated in Article 242 or to strike or picket under Article 263. Emil Bien Ongkiko. It is merely a condition sine qua non for the acquisition of legal personality by labor organizations. Laguesma et al. Ma. written notice to the employer concerned if the affiliating union is the incumbent bargaining agent. GR No.  A LOCAL UNION MAY AFFILIATE WITH A FEDERATION . and e. the total number of members comprising the labor union and the names of members who approved the affiliation. supporting the registration of such applicant federation or national union. 115077.. Elsa Villaflor(Labor Relations). d. (Progressive Development Corporation-Pizza Hut vs.  REQUIREMENTS BEFORE FEDERATION CAN BE ISSUED CERTIFICATE OF REGISTRATION: A A Aside from the application. Of Labor) IN 19 LABOR LAW must be a duly recognized sole and exclusive collective bargaining agent in the establishment or industry in which it operates. Proof of affiliation of at least 10 locals or chapters. 1997)  PURPOSE OF REGISTRATION Registration with the BLR is the operative act that gives rights to a labor organization. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. which should be protected. c. REQUIREMENTS OF AFFILIATION (as amended by DO 40-03) 1. associations or unions and the possession of the rights and privileges granted by law to labor organizations.The procedure of affiliation would depend on whether the union is independently registered or not. the federation is not actively involved in union affairs in the company. or unions of workers are engaged affect public interest. each of which LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad.  A union of supervisory employees may affiliate with a national federation of labor organizations of rank and file employees PROVIDED that: a. A valid exercise of police power since the activities in which labor organizations. Jr. A LOCAL UNION MAY DISAFFILIATE FROM THE FEDERATION.any labor organization with at least 10 locals/chapters or affiliates each of which must be duly certified or recognized as the sole and exclusive collective bargaining agent of the employer they represent. resolution of the labor union’s board of directors approving the affiliation. Report of affiliation of independently registered labor union 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. associations. • •  FEDERATION. minutes of the general membership meeting approving the affiliation. and b.San Beda College of Law MEMORY AID labor organization. the rank and file employees are not directly under the control of the supervisors  ONCE AFFILIATED. (PAFLU vs. Jasmine Isip. Attachments: a. Sec. April 18.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto . The requirement of registration is NOT a curtailment of the right to association.

Kareen Faye Pioquinto .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.San Beda College of Law MEMORY AID IN 20 LABOR LAW LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Elsa Villaflor(Labor Relations). Jr. EDP’S: Jennifer Trinidad. Emil Bien Ongkiko. Ma.

Charter certificate is issued by a federation or national union is filed with the regional office or BLR with 30 days after the issuance of the charter certificate.  Applicatio n for registratio n is filed with and will be acted upon by the DOLE regional office where the applicant’ s principal office is located. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID IN 21 LABOR LAW INDEPENDENT REGISTRATION  Obtained by union organizers in an enterprise through their own action  CHARTERING A duly registered federation/na tional union issues a charter to a union in an enterprise and registers the charter with the regional office or the BIR. Emil Bien Ongkiko. Elsa Villaflor(Labor Relations).  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto . Jasmine Isip.  LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Ma. Chapter/local  Independent union With legal personalit y of its own    No legal personality of its own as long as it has not availed itself of independent registration. Jr.

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). The local chapter will not lose its personality until the expiration of the CBA. Copies of its constitution and by-laws b. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Statement of the set of officers and Books of accounts. The CBA would continue to be valid. it would cease to be a legitimate labor organization and would no longer have legal personality and the rights and privileges granted by law to legitimate organization. EDP’S: Jennifer Trinidad. c. b. Jr. In the latter case. Ma. all of which must be certified by the Secretary/Treasurer and attested to by the President. In such case. the local or chapter will not lose its legal personality until the expiration of the CBA. After the CBA expires the local union looses its personality. Elsa Villaflor(Labor Relations). EFFECT OF DISAFFILIATION TO THE UNION [local] . unless it registers anew.an existing CBA would continue to be valid as the labor organization can continue administering the CBA LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. unless the local chapter is covered by a duly registered collective bargaining agreement. Kareen Faye Pioquinto . Jasmine Isip. Emil Bien Ongkiko.San Beda College of Law MEMORY AID IN 22 LABOR LAW INDEPENDENTLY REGISTERED UNREGISTERED a. upon severance. the union becomes a local chapter of the Federation.would not affect its being a legitimate labor organization and therefore it would continue to have legal personality and to possess all the rights and privileges of a legitimate labor organization. After the CBA expires it will lose its legal personality unless it registers as an independent union. EFFECT OF DISAFFILIATION TO THE CBA .HOW AFFILIATE TO -by signing affiliation a contract of -by application of the union with the federation for the issuance of a charter certificate to be submitted to the Bureau accompanied by the following: a.

 WORKER’S ASSOCIATION: Association of workers for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Emil Bien Ongkiko. however. applicant union must be furnished a copy of said decision LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. -  REVOCATION OF CHARTER BY THE FEDERATION by serving the local/chapter a verified notice of revocation. • Principal – employees • Agent – local/chapter Agent of agent – federation WHEN TO DISAFFILIATE GENERAL RULE: A labor union may disaffiliate from the mother union to form an independent union only during the 60-day freedom period immediately preceding the expiration of the CBA. LIMITATION: disaffiliation should be in accordance with the rules and procedures stated in the Constitution and by-laws of the federation. Jasmine Isip. Kareen Faye Pioquinto . Jr.union dues may no longer be collected as there would no longer any labor union that is allowed to collect such union dues from the employees. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. gross incompetence even before the onset of the freedom period. but such disaffiliation must be effected by a majority of the union members in the bargaining unit.  decision of the regional office or the bureau denying the application for registration shall be: 1. (Rule VIII Section 5 of the IRR) This happens when there is a substantial shift in allegiance on the part of the majority of the members of the union. disaffiliation may still be carried out. stating in clear terms the reason for the decision 3. Ma. ENTITLEMENT TO UNION DUES AFTER DISAFFILIATION -labor organization is entitled to the union dues and not the federation from which the labor organization disaffiliated. or b.San Beda College of Law MEMORY AID d. unless in the meantime the local chapter has acquired independent registration. 236. EDP’S: Jennifer Trinidad.  ART. in writing 2.Decisions of the BLR denying the registration of a labor organization is appealable to the Secretary of Labor within 10 calendar days from receipt of the decision. DENIAL OF REGISTRATION. EXCEPTION: MAJORITY • DISAFFILIATION BY • The revocation shall divest the local chapter of its legal personality upon receipt of the notice by the Bureau. In such a case. copy furnished the Bureau on the ground of disloyalty or such other grounds as may be specified in its constitution or by-laws. on grounds of: a. • A prohibition to disaffiliate in the Federation’s constitution or by-laws is valid—intended for its own protection. Note: Follow the principle of agency between federation and local. IN 23 LABOR LAW . Elsa Villaflor(Labor Relations). grave abuse of discretion. the CBA continues to bind the members of the new or disaffiliated and independent union up to the CBA’s expiration date. APPEAL .

CANCELLATION REGISTRATION. 234 (requirements for registration of a labor union) & 237 (add’l. Emil Bien Ongkiko.San Beda College of Law MEMORY AID  ART. would not deprive the consenting member-employees of their right to continue the case as they are the considered as the principals] LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 238.No petition for cancellation based on this ground 0may be granted unless supported by at least 30% of all the members of the respondent labor organization or worker’s association. consequently. OF DOLE decides within 20 days from receipt of records • SUPREME COURT. Elsa Villaflor(Labor Relations). [Principle of Agency applied —the employees are the principals. subject however to the understanding that whatever decision may be rendered therein will be binding only 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. Ma. GROUNDS: 1. Grave abuse of discretion 2.Rule 65 B. and the labor organization is merely an agent of the former. • A pronouncement as to the illegality of the strike is not within the meaning of Art. 239 (grounds for cancellation of union registration) of the Code 3.  EFFECT OF CANCELLATION OF REGISTRATION IN THE COURSE OF PROCEEDINGS . APPEAL OF IN 24 LABOR LAW MODES OF APPEAL DENIAL or CANCELLATION BY: A.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. Failure to comply with any of the requirements prescribed under Arts. Commission of any of the acts enumerated under Art.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jasmine Isip. Regional Office • transmit records within 24 hours from receipt of Memo of Appeal • BUREAU decides within 20 days from receipt of records • SUPREME COURT. 239 of the Code which provides for the grounds for cancellation of union registration. Bureau • transmit records within 24 hours from receipt of memo of appeal • SEC. Violation of rules as amended. such union may continue as a party without need of substitution of parties.Rule 65 *Appeal by memo of appeal within 10 days from receipt of notice. The certificate of registration of any legitimate labor organization shall be cancelled by the BLR if it has reason to believe. that the said labor organization no longer meets one or more of the requirements prescribed by law. after due hearing. 241 (rights and conditions of membership) of the code.  GROUNDS FOR CANCELLATION: 1. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. the cancellation of the union’s registration. Jr. reqts. Violation of any of the provisions of Art. Kareen Faye Pioquinto . federation registration) of the Code.

or otherwise engaging in any activity prohibited by law. EDP’S: Jennifer Trinidad. and c. Failure to submit a LIST OF INDIVIDUAL MEMBERS of the Bureau once a year or whenever required by the Bureau. Acting as a labor contractor or engaging in the “CABO” SYSTEM. false statement or fraud in connection with the [ELECTION PAPERS]: a. CANCELLATION OF REGISTRATION A. Jasmine Isip. 234. 237 and 238 LC b. 2. Violation of any provision under Art. FOR: 1. checking off special assessment or any other fees without duly signed individual written authorization of the members [UNLAWFUL ASSESSMENTS]. Elsa Villaflor(Labor Relations). and the list of members who took part in the ratification *Within 30 days from adoption or ratification of the constitution and by-laws or amendments thereto. MINUTES of the election of officer and the list of voters. or c. Emil Bien Ongkiko. 3. Jr. INACTION OR OMISSION 1. Misrepresentation. • WHO MAY FILE .San Beda College of Law MEMORY AID  ART 239. (Sweetheart Agreements) 3. 4. Misrepresentation. C. Kareen Faye Pioquinto . LC LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the ADOPTION OR RATIFICATION of the constitution and by-laws or amendments thereto. 2.Any party in interest. b. Failure to submit the Annual Financial report to the Bureau within 30 days after the closing of every fiscal year and misrepresentation. 239. Chartered local 3. failure to submit these documents together with the list of the newly elected/appointed officers and their postal addresses within 30 days from election B. Asking for or ACCEPTING ATTORNEY’S FEES OR NEGOTIATION FEES from the employers. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 2. Failure to comply with the REQUIREMENTS UNDER ARTICLES 237. False statement or Fraud in connection with [RATIFICATION OF CONSTI/BYLAWS]: a. UNLAWFUL ACTS 1. Worker’s association • WHERE TO FILE Regional Director who has jurisdiction over the place where respondent principally operates (30 days to decide). the minutes of ratification. the LIST OF MEMBERS who took part in the ratification. ELECTION of officers. Entering into collective bargaining agreements which provide terms and conditions of employment below minimum standard established by law [CBA-BELOW MINIMUM STANDARDS]. Legitimate individual labor union. b. 2. and 4. FRAUDULENT ACTS 1. 239. Failure to comply with any of the requirements under Arts. b. CANCELLATION REGISTRATION GROUNDS FOR OF UNION IN 25 LABOR LAW  GROUNDS FOR CANCELLATION OF UNION REGISTRATION: A. the adoption or ratification of the constitution and by-laws or amendments thereto. Ma. the MINUTES of ratification. false entries and fraud in the preparation of the financial report itself. if ground is: a. Other than for mandatory activities under this Code. Failure to submit the following documents [RATIFICATION OF CONSTI/BY-LAWS]: a. LC Take note of the cancellation proceedings if violation is D and J of Art.

Any party-in-interest 1st Notice Bureau shall send by registered mail with return card notice for compliance indicating the documents it failed to submit and the corresponding period in which they were required. within 30 days after each regular or special election of officers. in the case of federations or national unions. Trade union centers • • WHERE TO FILE Bureau Director ( 30 days to decide) WHO MAY FILE Only the members of the Labor Organization concerned if grounds are actions involving violations of Art. within 30 days after the close of each fiscal year. as the case may be. or from the occurrence of any change in the officers of agents of the labor organization or workers association’ d. another notice for compliance shall be made by the Bureau. Jasmine Isip. together with the appointive offices or agents who are entrusted with the handling of funds.It shall be the duty of every legitimate labor union and workers’ association to submit to the Regional Office or Bureau which issued its certificate of registration or certificate of creation of chartered local. Elsa Villaflor(Labor Relations). CBAs executed and their effectivity period. annual financial reports within 30 days after the close of each fiscal or calendar year. with notice to comply with the said reportorial requirements and to submit proof thereof to the Bureau within 10 days from receipt thereof 2nd Notice Where no response is received by the Bureau within 30 days from the release of the 1st notice. within 30 days from its adoption or ratification. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). and e. updated list of individual members of chartered locals. subject to the 39% rule organizations. Motu propio by the Bureau 2. Kareen Faye Pioquinto . updated list of its chartered locals and affiliates or member WHO MAY FILE THE PETITION THREENOTICE REQUIRE MENT LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. independent unions and workers’ associations within 30 days after the close of each fiscal year. as well as the updated list of their authorized representatives. National or Industry unions 3. FOR: 1. agents or signatories in the different regions of the country.San Beda College of Law MEMORY AID IN 26 LABOR LAW B. Jr. two (2) copies of each of the following documents: a. 241. any amendment to its constitution and by-laws and the minutes of adoption or ratification of such amendments. with warning that failure on its part to comply with the reportorial requirements within the time specified shall cause the continuation of the proceedings for the administrative cancellation of its registration 3rd Notice Where no response is again REPORTING REQUIREMENTS OF LABOR UNIONS AND WORKERS ASSOCIATIONS (Rule V DO 40-03) .  RULES ON ADMINISTRATIVE CANCELLATION OF CERTIFICATE OF REGISTRATION OF LLOs DUE TO NONCOMPLIANCE WITH THE REPORTORIAL REQUIREMENTS: WHEN PROPER Failure to comply with its legal duty to submit the documents required to be submitted under Rule V of DO 40-03 for 5 consecutive years 1. b. Emil Bien Ongkiko. Ma. c. updated list of newly-elected officers. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Federations 2.

3. f. Emil Bien Ongkiko. right against unauthorized collection of contributions or unauthorized disbursements. and labor laws.the right of the members: a. a union is free to select its own members. Rights Over Money Matters . [Art.the right to be informed about: a. 243 on persons who are not granted the right to self-organization): 1. 248] : a. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  PERSONS WHO ARE PROHIBITED FROM BECOMING MEMBERS/OFFICERS OF A LABOR ORGANIZATION UNDER THE LABOR CODE (see also notes under Art. Jasmine Isip. Persons who have been convicted of a crime involving moral turpitude shall not be eligible for election as union officer or for appointment to any position in the union.laws. the Bureau shall cause the publication of the notice of cancellation of registration of the labor organization in 2 newspapers of general circulation. Right to Information . When no response is received by the Bureau within 30 days from the date of publication or when the Bureau has verified the dissolution of the labor organization. subject to lawful provisions on qualifications and disqualifications. 2. Ma.San Beda College of Law MEMORY AID received by the Bureau within 30 days from release of the 2nd notice. it shall order the cancellation of registration of the labor organization AND cause its de-listing from the roster of legitimate labor organizations IN 27 LABOR LAW c. EDP’S: Jennifer Trinidad. CHAPTER II RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION  ART. b.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto . Jr. b. to be deducted a special assessment only with the member’s written authorization. cannot compel employees to become members of LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.the right to vote and be voted for. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION  GENERAL GROUPINGS OF THE RIGHTS OF THE UNION MEMBERS: 1.241 (e)] 2. Deliberative and Decision-Making Right . whichever is appropriate. • Any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or expulsion of an officer from office. Elsa Villaflor(Labor Relations). e. 4. At least 30% of all the members of the union or any member or members specifically concerned may report such violation to the Bureau. to access financial records. Subversives or those engaged in subversive activities [Art. the collective bargaining agreement. and no person has an absolute right to membership in a union. 241. to require adequate records of income and expenses. against imposition of excessive fees. LIMITATIONS [see discussion on union security arrangements under Art. to vote on officers compensation. g. 241 (f)]  In general. d. Political right .the right to participate in deliberations on major policy questions and decide them by secret ballot. The labor org. to vote on special assessment. the organization’s constitution and by.

DEDUCTED FROM . Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).he resolution must have BEEN APPROVED BY A MAJORITY of all the members 3. TO c. EDP’S: Jennifer Trinidad. NATURE AND PURPOSE OF CHECK-OFF: • to facilitate the collection of dues necessary for the union’s life and sustenance. Ferrer-Calleja et. Emil Bien Ongkiko. (Palacol et. amount b.May be deducted from the salary of employees without their consent. a. • Union dues are the lifeblood of the union. attorney’s fees. persons mentioned in Art.San Beda College of Law MEMORY AID their labor organization if they are already member of rival union. purpose and the beneficiary of the deduction. 241 [o]): NO special assessment. If a closed LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. . IN 28 LABOR LAW  CHECK-OFF .members of a union for the payment of union dues. Substantial compliance to the aforementioned procedure is not enough—the requirements must be strictly complied with in view of the fact that the special assessment will diminish the compensation of union members.a method of deducting from an employee’s pay at prescribed period. 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. Elsa Villaflor(Labor Relations).the approval must be AT A GENERAL MEMBERSHIP MEETING DULY called for that purpose • The secretary of the organization shall record the minutes of the meeting including:  REQUIREMENTS WITH REGARD CHECK-OFFS (Art. b. not the Labor Arbiter  UNION DUES VS. Ma. the amounts due to the union for fees. Jr. 241 [n]): 1.  REQUIREMENTS IN MAKING SPECIAL ASSESSMENTS or OTHER EXTRAORDINARY FEES (Art. al) • Agency fee cannot be imposed on employees already in the service and are members of another union. CONSENT May not be deducted from the salaries of the union members without the written consent of the workers affected . al vs.  Jurisdiction over check-off disputes is with the Regional Director of the DOLE. fines or assessments.non-members of the bargaining agent (union) for the enjoyment of the benefits under the CBA. members of religious organization whose religion forbade membership in labor organization could not be compelled into union membership. the purpose of the assessment or fees • • The record shall be attested by the President. the list of all members present. the votes cast. and c. The authorization state the: should specifically a. b.there must be a WRITTEN RESOLUTION 2. b. Kareen Faye Pioquinto . AGENCY FEE UNION DUES AGENCY FEE a. 241(e) [subversives] of the labor code are prohibited from becoming a member a labor organization.

RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS  RIGHTS OF A LEGITIMATE ORGANIZATION [USERFOE]: LABOR 1.  SPECIAL ASSESSMENT vs. Jr. purpose and c.For mandatory activities provided under the Code. Sue and be sued 3. Elsa Villaflor(Labor Relations). Said nonmembers may be assessed agency fees equivalent to that paid by members only by a Board Resolution approved by majority of the members in a general meeting called for the purpose. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. Exclusive representative of all employees 4. Represent union members 5. neither may an agency fee.only by a Board Resolution approved by majority of the members in a general meeting called for the purpose Will the employees-members of another union not be considered as free riders? No since when the union bids to be the bargaining agent. (NABAILU vs. amount b. as a lesser form of union security. be imposed to them. Emil Bien Ongkiko. (Union Dues) -by obtaining the individual written authorization duly signed by the employee which must specify: a.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).When non-members of the union avail of the benefits of the CBA. and 2. Jasmine Isip. Furnished by employers of audited financial statements 6. beneficiary of the deduction. Undertake activities for benefit of members 2. When non-members of the union avail of the benefits of the CBA. CHECK-OFF SPECIAL ASSESSMENTS CHECK-OFF a.San Beda College of Law MEMORY AID shop agreement cannot be applied to them. Ma. it voluntarily assumes the responsibility of representing all employees in the appropriate bargaining unit. Kareen Faye Pioquinto . (Agency Fees) -not necessary if: 1.said non-members may be assessed union dues equivalent to that paid by members . and 2. 242. HOW APPROVED -by written resolution approved by majority of all the members at a meeting duly called for that purpose IN 29 LABOR LAW b. San Miguel Brewery Inc)  EXCEPTION TO THE REQUIREMENT OF INDIVIDUAL WRITTEN AUTHORIZATION: 1. .Exempted from taxes TITLE V COVERAGE LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EXCEPTION TO SUCH REQUIREMENT -no exception—written resolution is mandatory at all instances. CHAPTER III RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS  ART. Own properties 7. For mandatory activities provided under the Code.

and IN 30 LABOR LAW 4. to law. 4). 6. Coop. mass leaves. Workers without any definite employers. vs Foreigners validly working in the Philippines [with permit from DOLE] can form labor organizations . Managerial employees • whose functions are normally considered as policy-making or managerial • whose duties are of a highly confidential or highly technical in nature (212 LC) 4.The GOCC is created under Corporation Code. Elsa Villaflor(Labor Relations). BARGAINING RIGHTS . 5. they can bargain with the government concerning the terms and conditions of their employment. they have unlimited bargaining rights. etc. walkouts and other concerted activities. medical or educational (RCME) institutions whether operating for profit or not  PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR MUTUAL AID AND PROTECTION (AIRSIW): 1.Can form. Rural. 3) (MANAGERIAL GOVERNMENT EMPLOYEES) 2. Ambulant. Calleja) 3. Secretary of Labor) c. This embodies the principle of reciprocity.The GOCC is created under Corporation Code. Emil Bien Ongkiko. Thus. Members of the Armed Forces of the Philippines. All persons employed in commercial. LABOR LAW COMMITTEE . Employees of international organizations with immunities (ICMC vs. GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITH AN ORIGINAL CHARTER a. provided the same right to form.Corporations with original charters cannot bargain with the government concerning the terms and conditions of their employment. 6. Therefore the employees have the same rights as those as employees of private corporations. firemen and jail guards (E. Employees of cooperatives who are members (Benguet Elec. then employees are covered by the Labor Code. COVERAGE AND EMPLOYEES’ RIGHT TO SELF– ORGANIZATION  PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR PURPOSES OF COLLECTIVE BARGAINING: 1. policemen. ( Meralco vs. Jr. Intermittent. They are enjoined by Civil Service Memorandum Circular No. Confidential employees vs. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez Can EDP’ onlyS: form.San Beda College of Law MEMORY AID  ART. However.  SUBJECT HEADS: Aimee Roselle ORGANIZATION .Employees cannot stage strikes since they are governed by the Civil Service Law. 180 Sec. . In religious. they may now freely join a labor organization of the rank-and-file or that of the supervisory union. demonstrations. Jennifer Trinidad. Itinerant workers and 6. one of which is the right to strike. MAY SECURITY GUARDS FORM A LABOR ORGANIZATION? YES. 180 Sec. they have limited bargaining rights. 243. being governed by the Labor Code. LAW . 3. including police officers. Self-employed people 5. Kareen Faye Pioquinto  ASST. assist labor Isip. they can negotiate with the government on those terms and conditions of employment which are not fixed by law. charitable. Under RA 6715. b. industrial and agricultural (CIA) enterprises.PURPOSE OF  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.O. Confesor) (Metrolab 2.O. under pain of administrative sanctions from staging strikes. depending on their rank. Jasmine assist labor organization organization for for purposes not contrary purposes of CBA. vs Calleja) 7.  PERSONS/EMPLOYEES WHO ARE NOT GRANTED THE RIGHT TO SELFORGANIZATION: (HEMACEN) 1. 2. join or Sabilala(Labor Standards). Thus. High-level government employees (E. Non-Employees Ople) (Rosario Bros. GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITHOUT ORIGINAL CHARTER . join or assist in the formation of labor unions is also given to Filipinos in their country of origin. join or Ma.

 REASONS WHY EMPLOYEES IN GOCCs INCORPORATED UNDER THE CORPORATION CODE ARE ALLOWED TO ORGANIZE: 1. travel expenses h. such as: a. reclassification/upgrading of position e. terms of employment are not fixed by law 3. Elsa Villaflor(Labor Relations). revision of compensation structure f. increase in retirement benefits • NOTE: The Public Sector Labor Management Council (PSLMC). provident fund e. Jasmine Isip. assignments/details d.schedule of vacation and other leaves 2. athletic and cultural activities and facilities (Rules implementing WO 180)  THE FOLLOWING ARE CONSIDERED NOT NEGOTIABLE: 1. special hospitalization. however. RIGHTS OF EMPLOYEES IN THE PUBLIC SERVICE 2.communication system – lateral and vertical 5. facilities requiring capital outlays c.recreational.  ART. Emil Bien Ongkiko. Ma. trainings. recall.personnel growth and development 4. Kareen Faye Pioquinto .provision for protection and safely 6. social. assign or discipline employees. EDP’S: Jennifer Trinidad.for their mutual aid and protection.one who is vested with powers or prerogatives to lay down and execute management policies and /or to hire.O. external communication linkages Government employees and employees of government-owned and controlled corporations with original charters may bargain. Jr. 245.San Beda College of Law MEMORY AID IN 31 LABOR LAW  EXTENT OF THE RIGHT TO SELFORGANIZATION 1. created by E. To form. such bargaining power is limited.provision for facilities for handicapped personnel 7.  THE FOLLOWING ARE CONSIDERED NEGOTIABLE IN GOCCs WITH ORIGINAL CHARTER: 1. rice/sugar/other subsidies g. discharge. lay-off. distribution of work load i. transfer.annual medical/physical examination 9. INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY LABOR ORGANIZATION. join and assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and 2. study grants h.  MANAGERIAL EE UNDER LS AND LR LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. appointments b. promotion c. suspend. Those that involve the exercise of management prerogatives. increase in salary emoluments and other allowance not presently provided for by law b. 180 has jurisdiction to hear charges of ULP filed by government employees against their employer. Those which require appropriation of funds.  MANAGERIAL EMPLOYEE .provision for first-aid medical services for married women 8. medical and dental services f.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). penalties imposed as a result of disciplinary actions g. RIGHT OF SUPERVISORY EMPLOYEES. car plan d. 244. selection of personnel to attend seminar. such as: a. To engage in lawful concerted activities for the same purpose. they are governed by the provisions of the Labor Code not by the Civil Service Law  ART. they are not involved in public service 2.work assignment of pregnant women 3.

primary duty consists of the management of the establishment in which they are employed or of a department or subdivision b. managerial employees are the alter ego of the employers and thus they are supposed to be on the side of the employer to act as its representatives. Jasmine Isip. (Engineering Equipment. Emil Bien Ongkiko. the labor union might not be assured of their loyalty to the union in view of the evident conflict of interest. ASSIST.San Beda College of Law MEMORY AID Managerial Employees under Labor Standards a. Inc. MAY SUPERVISORY EMPLOYEES FORM. vs. on their own and NOT with the rank-and-file employees (RA 6715). The employer is not assured of such protection if these employees are union members. c. Elsa Villaflor(Labor Relations). and to see to it that its interests are well protected. It cannot petition for a certification election. Jr.those who. POWERS/DUTIES . Kareen Faye Pioquinto . JOIN A LABOR ORGANIZATION? YES. then they may-must form a labor organization of their own [separate from the rank and file employees] If their responsibilities do not inherently require the exercise of discretion and independent judgment [or merely routinary/clerical in nature] then they may join the union composed of the rank and file employees. in the interest of the employer.to determine w/n certain employees are covered by Book III of the LC on Conditions of .  SUPERVISORY EMPLOYEES . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Ma.  Reason for ineligibility in the collective bargaining process. PURPOSE OF DEFINITION .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). • The union can also become company-dominated with the presence of managerial employees in Union Membership (Bulletin Publishing Co. Hon. • The TEST IS: Do they exercise independent judgment which is not subject to evaluation of other department heads/other superiors? If in the affirmative. Provided that: a. • Employment. much less ask to LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Adamson)  EFFECT OF HAVING MIXED MEMBERSHIP – A union whose membership is a mixture of the supervisors and the rank and file is not and cannot become a legitimate labor organization. the rank and file employees are not directly under the control of the supervisors (Adamson vs.See definition above IN 32 LABOR LAW is not merely routinary or clerical in nature but requires the use of independent judgment.does not include the managerial staff since they are classified as supervisory employees [who may/may not be eligible to join a labor union with the rank and file employees] . effectively recommend such managerial actions if the exercise of such authority NOTE: It is the nature of the employee’s functions and not the nomenclature or title given to his job which determines whether he has a rank and file or managerial status.includes the officers and members of the managerial staff Managerial Employees under Labor Relations . Augusto Sanchez).to determine an employee’s eligibility in joining/forming a labor union. and b. Inc. NLRC) MAY THEY AFFILIATE WITH A FEDERATION OF LABOR ORGANZATIONS OF RANK AND FILE EMPLOYEES? YES. the federation is not actively involved in union affairs in the company. EXTENT . • In the same manner. vs. EDP’S: Jennifer Trinidad.

discriminate against. (SMC Supervisors & Exempt Union vs. Ma. Under the doctrine of necessary implication. Emil Bien Ongkiko. It stresses labor nexus. such as financial information or technical trade secrets. i.by the very nature of their functions. 2. et al.. or unduly interfere .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). • Every managerial position is confidential because one does not become a manager without having gained the confidence of the appointing authority. which is technically called “unfair labor practice. Therefore. • Any act intended to weaken or defeat the right is regarded by law as an offense. including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect 3.  ART. have access to confidential matters of persons who exercise managerial functions in the field of labor relations. NLRC) . 247. confidential employees are similarly disqualified under Article 245. coerce. it is a matter of job content and authority. Laguesma. or care and protection of the employer’s property. Kareen Faye Pioquinto .) • Confidentiality is not a matter of official rank.e. It is not measured by closeness to or distance from top management. b. but by the significance of the jobholder’s role in the pursuit of corporate objectives and strategies. Hon. (Philips Industrial Dev’t Inc.they are entrusted with confidence on delicate matters.San Beda College of Law MEMORY AID be recognized as the bargaining representative of employees. they assist and act in a confidential capacity to. he may be a IN 33 LABOR LAW supervisory or even a rank-andfile employee. Torres) NOTE: The phrase “in the field of labor relations” is important. assist or join a labor union equally applies to them. But not every confidential employee is managerial. Jr. EDP’S: Jennifer Trinidad. and 4.with employees and workers in their exercise of the right to self-organization. 246. UNFAIR LABOR PRACTICES  NATURE PRACTICES: OF UNFAIR LABOR 1. d. the rationale behind the ineligibility of managerial employees to form. NON-ABRIDGEMENT OF THE RIGHT TO SELF-ORGANIZATION “THE RIGHT TO SELF-ORGANIZATION SHALL NOT BE ABRIDGED” MEANS: It shall be unlawful for any person to: a. • Access to information which is regarded by the employer to be confidential from the business standpoint. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. VIOLATE THE CONSTITUTIONAL RIGHT of workers and employees to self-organization. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. (Republic Planters Bank vs. DISRUPT INDUSTRIAL PEACE. c. hinder the promotion of healthy and stable labor-management relations and mutual respect [LABOR-MNGT RELATIONS-UNSTABLE]. restrain. confidentiality of the position is related or linked to labor relations matters. Vs. handling. will not render an employee a confidential employee. Jasmine Isip.” TITL E VI UNFAIR LABOR PRACTICES CHAPTER I CONCEPT  ART. are INIMICAL TO THE LEGITIMATE INTERESTS of both labor and management.  CONFIDENTIAL EMPLOYEES . or. Elsa Villaflor(Labor Relations). or with the custody.

RESTRAIN OR COERCE EMPLOYEES . Jasmine Isip. PRESCRIPTIVE PERIOD . 2. members agents of the government board. 248 (f) dismissing or prejudicing an employee for giving testimony under the Code. CHAPTER II UNFAIR LABOR PRACTICES OF EMPLOYERS  ART 248. including ordinary members B. INTERFERENCE Examples: . obtain employee participation voluntarily CRIMINAL CASE A.outright and unconcealed intimidation . • ULP has a technical meaning. however it will be suspended once the administrative case has been filed and would only continue running once the administrative case has attained finality. it is now considered a criminal offense triable by the criminal court NOTE: Prohibited acts are all related to the workers' self-organizational right and the the observance of a CBA. the act. ULP THAT MAY BE COMMITTED BY AN EMPLOYER (1-10) 1. To INTERFERE WITH. Agents. officers and representatives. • It is a practice unfair to labor. Agents and officers agents of who participated or employer or authorized or ratified 2.interrogation employer must communicate to the employee the purpose of questioning 1. • It also refers to gross violation of CBA provisions. PERSONS LIABLE 1. Officers and 1.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). C. Elsa Villaflor(Labor Relations). Kareen Faye Pioquinto .  2 ASPECTS PRACTICE: CIVIL CASE OF UNFAIR LABOR -beyond reasonable doubt [subject to prosecution and punishment] D. although the offender may either be an employer or a labor organization • It refers to acts opposed to workers' right to organize. Jr. no matter how unfair.San Beda College of Law MEMORY AID -substantial evidence IN 34 LABOR LAW  2 ELEMENTS OF UNFAIR LABOR PRACTICE: 1. ULP act. is not ULP.one year from . organization. EDP’S: Jennifer Trinidad. Without this. Gross means the act is malicious and flagrant. Emil Bien Ongkiko. • It commonly connotes antiunionism.in the exercise of their right to self-organization. JURISDICTION -Labor Arbiters of -MTC/RTC as the case the NLRC may be. QUANTUM OF PROOF NEEDED LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. act done is expressly defined in the Code as an act of unfair labor practice 3. except Art. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Ma. Labor the act. employer-employee relationship between the offender and the offended 2.one year from the the accrual of the accrual of the ULP act. Final judgment in the administrative proceeding finding that ULP has been committed is a prerequisite in filing a criminal case for ULP NOTE: Final judgment in the administrative proceedings shall not be binding in the criminal case nor shall be considered as an evidence of guilt but merely as a proof of compliance of the requirements prescribed by the Code. assure him that no reprisal would take place 2.

San Beda College of Law MEMORY AID 3. such contracting-out interferes with.exercise of their right to selforganization.It is contrary to public policy for it is tantamount to involuntary servitude. DOMINATE. then it is a valid exercise of management prerogative.shall not join a labor organization or . (The only ULP act which is not anti-unionism) DISCRIMINATION BECAUSE OF TESTIMONY • TEST: the subject matter of the testimony can be anything under the Code LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.whenever benefits or privileges given to one is not given to the other under similar or identical conditions when directed to encourage or discourage union membership (see more discussions below) 6. Does Art. Jr. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 4. restrain or coerce employees in the . and 2. TEST OF DISCRIMINATION. or coerce employees in the IN 35 LABOR LAW exercise of their right to self-organization.when such will interfere with. when the contracting-out is being done to minimize expenses. Elsa Villaflor(Labor Relations). or attempt to foster. (Formation of Company Union) 5. and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. 248 (3) mean that an employer cannot contract out work? NO. Kareen Faye Pioquinto .including the giving of financial or other support to it or its organizers or officers.for having given or being about to give testimony under this Code. EDP’S: Jennifer Trinidad. . ASSIST OR OTHERWISE INTERFERE with the formation or administration of any labor organization. Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). must be free from employer hostility to union organization 4. restrains. HOWEVER.Employees are coerced to sign contracts disadvantageous to their family. Ma. TO REQUIRE AS A CONDITION FOR EMPLOYMENT THAT A PERSON OR AN EMPLOYEE .out are being performed by union members. To DISMISS. It is ULP only when the following conditions exist: 1. 3. Contracting out services is not ULP per se. Jasmine Isip.A promise exacted from workers as a condition of employment that they are not to belong to. must not be coercive in nature -intimidating expressions of opinion by employer TEST OF INTERFERENCE OR COERCION whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of the employees' right and it is not necessary that there be direct evidence that any employee was in fact intimidated or coerced by the statements of threats or the employer if there is a reasonable interference that the anti-union conduct of the employer does have an adverse effect of selforganization and collective bargaining. 2. the service contracted. To CONTRACT OUT SERVICES OR FUNCTIONS BEING PERFORMED BY UNION MEMBERS . a union during their period of employment. hours of work.It is entered into without consideration for employees in waiving their right to selforganization . To DISCRIMINATE IN REGARD TO WAGES.  YELLOW DOG CONTRACT . . It is null and void because: .shall withdraw from one to which he belongs. DISCHARGE OR OTHERWISE PREJUDICE OR DISCRIMINATE against an employee . To INITIATE.

EDP’S: Jennifer Trinidad.It prohibits discrimination in terms and conditions of employment in order to encourage or discourage membership in the union. supervisory assistance by soliciting membership. Such inference must be based on evidence. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 19) must have a relation to the employees’ exercise of their to selforganization.  RUNAWAY SHOP .  PRINCIPLES OF ARRANGEMENTS: UNION SECURITY issue in collective bargaining or any other disputes.It gives validity to union security agreements.  CONSTRUCTIVE DISCHARGE .It allows an agency shop arrangement whereby agency fees may be collected from non-union members. TO VIOLATE THE DUTY TO BARGAIN COLLECTIVELY AS PRESCRIBED BY THIS CODE. Anti-union or antiorganization motive must be proved because it is a definitional element of ULP.the violation must be gross and with respect to the economic provision of the CBA (flagrant and with malice) • All the aforementioned acts (Nos. managerially motivated formation by employees 2.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). TO PAY NEGOTIATION OR ATTORNEY’S FEES TO THE UNION OR ITS OFFICERS OR AGENTS . direct or circumstantial. Ma.ULP where employer prohibits employees from exercising their rights under the Code.  DISCRIMINATION FOR OR AGAINST UNION MEMBERSHIP TEST OF DISCRIMINATION: That the discharge of an employee was motivated by his union activity. 248(5) (DISCRIMINATION): 1. outright formation by employer or his representatives b. on pain of discharge. To VIOLATE A COLLECTIVE BARGAINING AGREEMENT.an industrial plant moved by its owners from one location to another to escape union labor regulations or state laws or to discriminate against employees at the old plant because of their union activities. Jasmine Isip. IN 36 LABOR LAW 7. Emil Bien Ongkiko. Elsa Villaflor(Labor Relations). Initiation of the company union idea by: a.  SECURITY ARRANGEMENTS stipulations in the CBA requiring membership in the contracting union as a condition for employment or retention of employment in the company.  COMPANY UNIONISM 1.San Beda College of Law MEMORY AID • what is ULP is the employer's retaliatory act regardless of the subject of employee's complaint or testimony 3.(GROSSLY!) . permitting union activities during work time or coercing employees to join the union by threats of dismissal or demotion. 2. financial support to the union by: a. and the employee quits as a result of the prohibition  THREE COMPONENTS OF ART. Jr. pays attorney's fees to the attorney who drafted the Constitution or by laws of the union LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.as part of the settlement of any employer encouragement and assistance by immediate granting of exclusive recognition as bargaining agent without determining whether the union represents majority of the employees 4. employer defrays union expenses b. 8. Kareen Faye Pioquinto . 3. employee formation on outright demand or influence by employer c. or 9. not upon mere suspicion.

Elizalde Rope Workers). within a specific period. UNION SHOP AGREEMENT -stipulation whereby any person can be employed by the employer but once employed such employee must.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. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma.the employer undertakes not to employ any individual who is not a member of the contracting union and the said individual once employed must.It strengthens the union through selective acceptance of new members on the basis of commitment and loyalty. • Employee members of another/rival union are not considered free riders since when the union [agent] bids to be the bargaining agent.To shield union members from whimsical and abusive exercise of management prerogatives. Jasmine Isip.  DIFFERENT KINDS OF UNION SECURITY ARRANGEMENTS: (EXCEPTIONS TO ULP ON INTERFERENCE ON THE EMPLOYEES’ EXERCISE OF THEIR RIGHT TO SELFORGANIZATION) 1. CLOSED-SHOP AGREEMENT . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.] 3.An additional membership will insure additional source of income to the union in the form of union dues and special assessment. remain a member of the union in good standing as a condition for continued employment. 5.apply only to new hires EXCEPTIONS: a. • This is directed against “FREE RIDER” employees who benefit from union activities without contributing support to the union. SEMI-CLOSED SHOP AGREEMENT. The employer has the right to hire from the open market if union members are not available. it voluntarily assumed the responsibility of representing all the employees in the appropriate bargaining unit. to prevent a situation of non-union members enriching themselves at the expense of union members. Protection . 4. 2.San Beda College of Law MEMORY AID 1.does not have any retroactivity . MAINTENANCE OF MEMBERSHIP CLAUSE . . Emil Bien Ongkiko. PREFERENTIAL SHOP AGREEMENT – an agreement whereby the employer merely agrees to give preference to the members of the bargaining union in hiring. Kareen Faye Pioquinto . Elsa Villaflor(Labor Relations). employees belonging to any religious sect which prohibit affiliation of their members with any labor organization are not covered by such agreement—The free exercise of religious belief is superior to contract rights (Victoriano vs.the agreement DOES NOT require non-members to join the contracting union BUT provides that those who are members thereof at the time of the execution of the CBA and those who may thereafter on their own volition become members must for the duration of the agreement maintain their membership in good standing as a condition for continued employment in the company for the duration of the CBA. 3.  REQUIREMENTS FOR A VALID TERMINATION BY THE EMPLOYER OF THE SERVICES OF AN EMPLOYEE LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. AGENCY SHOP AGREEMENT . for the duration of the agreement. members of the rival union are not covered by such arrangement. promotion or filing vacancies and retention in case of lay-off. Jr. 2. Benefits . b. Self-preservation.has no requirement for the employee to remain as member of the contracting union in good standing as a condition for continued employment. become a member of the contracting union and remain as such in good standing for continued employment for the duration of the CBA IN 37 LABOR LAW [take note of the exceptions in the preceding number.

4. EDP’S: Jennifer Trinidad. 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. To ASK FOR OR ACCEPT NEGOTIATION OR ATTORNEY’S FEES FROM EMPLOYERS as part of the settlement of any issue in collective bargaining or any other dispute. Jr. Labor organization. a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership. in the nature of exaction. 2.The termination of the services of the employee is not automatic upon the request of the union. To VIOLATE THE DULY OR REFUSE TO BARGAIN COLLECTIVELY with the employer provided that it is the representative of the employees. including the demand for a fee for union negotiations. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. The agreement 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.  SWEETHEART DOCTRINE – considers it ULP for a labor organization to ask for or accept negotiation or attorney’s fees from the employer in settling a bargaining issue or dispute • resulting CBA is considered a “sweetheart contract” – a CBA that does not substantially CHAPTER III UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS  ART.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. Jasmine Isip. It cannot be applied to employees who are already MEMBERS OF THE RIVAL UNION or to the employees based on their religious beliefs. Ma.  FEATHERBEDDING .San Beda College of Law MEMORY AID PURSUANT TO A UNION OR CLOSEDSHOP AGREEMENT: 1. It can only be exercised by giving the employee his right to DUE PROCESS. officers and agents 3. or f. • It is not featherbedding if the work is performed no matter how unnecessary or useless it may be.  PERSONS CIVILLY LIABLE FOR ULP: 1. b.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). To CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE AGAINST AN EMPLOYEE. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. for services which are not performed or not to be performed. . as when a union demands that the employer maintain personnel in excess of the latter’s requirements. (This is called FEATHERBEDDING) e. 249. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS a. in the nature of an exaction. Elsa Villaflor(Labor Relations). . 3. Emil Bien Ongkiko. IN 38 LABOR LAW d. including discrimination c.The employer has the right to satisfy himself that there are sufficient bases for the request of the union. To GROSSLY VIOLATE A COLLECTIVE BARGAINING AGREEMENT. for services which are not performed or not to be performed. The agreement can only have PROSPECTIVE APPLICATION and cannot be applied retroactively. To RESTRAIN OR COERCE employees in the exercise of their right to self-organization. Agents and officers who participated or authorized or ratified the act. However. Officers and agents of employer 2. Kareen Faye Pioquinto . • Any doubt must be resolved against the existence of a closed-shop agreement. .The violation must be gross and must be with respect to economic provisions of the CBA flagrantly and with malice.

• During the conciliation proceeding in the Board. with the employer. 5 copies of CBA d.REPLY by the other party within 10 calendar days with counter proposals 3. wages. • Negotiation towards a collective agreement. (Kiok Loy vs. b. REGISTRATION Process Requisites for registration: a. Elsa Villaflor(Labor Relations).  8 STAGES IN THE NEGOTIATION FOR A COLLECTIVE BARGAINING AGREEMENT: 1. payment of P1. NLRC)  COLLECTIVE BARGAINING AGREEMENT (CBA) . all other terms and conditions of employment in a bargaining unit. 250. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. IN 39 LABOR LAW mandatory provisions for grievances and arbitration machineries. Kareen Faye Pioquinto .San Beda College of Law MEMORY AID improve the employees’ wages and benefits. mandatory provisions b. EDP’S: Jennifer Trinidad. and c.If not settled NCMB MAY INTERVENE AND ENCOURAGE the parties to submit the dispute to a voluntary arbitrator 5. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  PROCEDURE BARGAINING IN COLLECTIVE TITLE VII COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS  ART.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). RATIFICATION by the majority of all the workers in the bargaining unit represented in the negotiation (not necessary in case of arbitral award) 6.In case of differences. PRELIMINARY process . POSSESSION OF THE STATUS OF MAJORITY representation by the employees’ representative in accordance with any of the means of selection or designation provided for by the Labor Code. either party may REQUEST FOR A CONFERENCE which must be held within 10 days from receipt of request. hours of work and other terms and conditions of employment and the settlement of disputes by negotiation between an employer and the representative of his employees. the parties may go to where they want AND RESORT TO ANY OTHER LAWFUL MEANS [either to settle the dispute or submit it to a voluntary arbitrator]. 000 c. Jr. ADMINISTRATION Process – the CBA shall be jointly administered by the management and the bargaining agent for a period of 5 years LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.a negotiated contract between a legitimate labor organization and the employer concerning: a. Emil Bien Ongkiko. hours of work. NEGOTIATION Process 3. and 3.If not resolved. including 1.  The mechanics of collective bargaining is set in motion only when the following JURISDICTIONAL PRECONDITIONS are present: 1. in behalf of its members. 2. PUBLICATION for at least 5 days before ratification 5. proof of ratification 7.written notice for negotiation which must be clear and unequivocal 2. PROCEDURE IN COLLECTIVE BARGAINING  COLLECTIVE BARGAINING –negotiation by an organization or group of workmen. EXECUTION Process – signing of the agreement 4. 4. Ma. proof of MAJORITY REPRESENTATION (Certification of the BLR that the representative of the employees in the sole and exclusive bargaining agent having won in a certification election). the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes (250[d] LC). concerning wages.Written NOTICE with statement of proposals 2. Jasmine Isip.

Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. refusal to bargain during period of illegal strike 4.  ART. Elsa Villaflor(Labor Relations). EXECUTING A CONTRACT incorporating such agreements if requested by either party. The duty to bargain imposes on the parties during the term of their agreement the mutual obligation to meet and confer promptly and expeditiously and in good faith for the purpose of adjusting any grievances or question arising under such agreement. including failure or refusal to execute the CBA. there is no request for bargaining LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad. bad faith in bargaining [boulwarism]. Emil Bien Ongkiko. or b. if requested d. mutual observance clause • In addition. No room for “Take it or Leave it” posture. hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and b. rates of pay 7. INTERPRETATION APPLICATION Process AND IN 40 LABOR LAW (Meaning of duty to bargain when there exists a CBA. voluntary arbitration 5. the Bureau requires that the CBA should include a clear statement of the terms of the CBA. the parties cannot stipulate terms and conditions of employment which are below the minimum requirements prescribed by law  FOUR (4) FORMS OF ULP IN BARGAINING: a. Kareen Faye Pioquinto . as to other matters. agree to a proposal. Jasmine Isip. to MEET AND CONVENE promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages. gross violation of the CBA Do economic exigencies justify refusal to bargain? An employer has been held not guilty of refusal to bargain by adamantly rejecting the union's economic demands where he is operating at a loss. wages 2. evading the mandatory subjects of bargaining c.San Beda College of Law MEMORY AID 8. or in a depressed industry. hours of work 3. CA)  MANDATORY PROVISIONS OF THE CBA: 1. 252.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). refusal to bargain over demands for commission of ULP 3. family planning 6. as long as he continues to negotiate. on a low profit margin. failure or refusal to meet and convene b. 2. (Republic Savings Bank vs. grievance machinery 4. MEANING OF DUTY TO BARGAIN COLLECTIVELY  DUTY TO BARGAIN COLLECTIVELY the performance of a mutual obligation: a. But financial hardship constitutes no excuse for refusing to bargain collectively. the duty to bargain collectively does not compel any party to: a. Jr. 253) • Collective bargaining does not end with the execution of the agreement. It is a continuous process. ACTS NOT DEEMED REFUSAL TO BARGAIN: 1. Note: Employer’s duty to bargain is limited to mandatory bargaining subjects. Ma. see discussion under Art. adoption of an adamant bargaining position in good faith 2. LIMITATIONS: 1. make a concession. he is free to bargain or not to bargain.

San Beda College of Law
MEMORY AID 5. union seeks recognition inappropriately large unit for an
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6. union seeks to represent some persons who are excluded from the Code 7. the rank-and-file unit includes supervisors or inappropriate otherwise 8. the demand for recognition and bargaining is made within the year following a certification election in which the clear choice was no union and no ad interim significant change has taken place in the unit 9. the union makes unlawful bargaining demands BARGAINING TO THE POINT OF DEADLOCK OR IMPASSE: 1. over a mandatory subject - party may insist on bargaining and will not be construed as bargaining in bad faith 253
A.FREEDOM PERIOD -the notice of intention to terminate, amend or alter the provisions of the CBA shall be filed within the sixty (60) day period, immediately prior to the expiration of the CBA. -the economic provisions however may be renegotiated not later than three (3) years. Those economic provisions entered within 6 months from the expiry of their term as fixed in the CBA shall retroact to the day immediately following such date, if beyond 6 months the effectivity is by agreement of the parties. B. WHAT MAY BE CHANGED DURING THE 60DAY FREEDOM PERIOD -re-negotiable provisions of the CBA particularly the non-representation aspect (ECONOMIC PROVISIONS may be renegotiated not later than three (3) years.

REASON: duty to bargain requires meeting and convening on the terms and conditions of employment but does not require assent to the other party's proposals. 2. over a non-mandatory subject party may not insist on bargaining to the point of impasse, otherwise, he will be construed as bargaining in bad faith. EXAMPLE: The employer's insistence that the union should change its negotiator before bargaining can proceed to the employees' wage and benefits is an instance of bad-faith bargaining because the composition of the negotiating panel is not a mandatory subject of bargaining. Hence, if Party A insists on first settling a non-mandatory subject before tackling a mandatory subject, Party B may complain that Party A's posture is just an excuse to avoid bargaining on the mandatory, essential subjects of bargaining; thus, Party B can charge that Party A is bargaining in bad faith or is evading bargaining on terms and conditions of employment - in short, Party A is committing ULP. NOTE: What the rule forbids is the posture of making settlement of a nonmandatory subject a pre-condition to the discussion or settlement of a mandatory subject.  ART. 253. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT  GENERAL RULE: When there is an existing CBA, the duty to bargain collectively shall also mean that neither party shall TERMINATE nor MODIFY such agreement during its lifetime. It is the duty of both parties to: a. keep the status quo and b. to continue in the full force and effect the terms and conditions of the existing CBA  EXCEPTION: during the 60-day period prior to its expiration, upon service of a

253-A/256 - representation aspect of the CBA shall be for a term of five (5). A petition for certification election may be entertained and a certification election may be conducted within the 60-day period immediately prior to the expiration of the CBA.

representation aspect—it may be resolved by holding certification election

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

San Beda College of Law
MEMORY AID written notice of a party’s intention to terminate or modify the same, a party may choose to terminate or modify the non-representational aspect of the CBA only after the expiration of CBA of fixed duration.  DUTY TO BARGAIN COLLECTIVELY UNDER 253 AND 253-A/256  AUTOMATIC RENEWAL CLAUSE – Art. 253 provides that the CBA shall remain effective and enforceable even after the expiration of the period fixed by the parties as long as no new agreement is reached by them.
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FIXED TERM OR DATES OF EXPIRY AS PROVIDED IN THE CBA: a. Those made within 6 months after the date of expiry of the CBA - Any agreement on such other provisions of the CBA made within 6 months after the date of expiry of the CBA is subject to AUTOMATIC RETROACTION to the day immediately following such date of expiry. b. Those not made within 6 months the parties may agree to the DATE OF RETROACTION. - This rule applies only if there is an EXISTING AGREEMENT. If THERE IS NO EXISTING AGREEMENT, there is no retroactive effect because the date agreed upon shall be the start of the period of agreement. NOTE: Article 253-A on retroaction does not apply if the provisions were imposed by the Secretary of Labor by virtue of arbitration. It applies only if the agreement was voluntarily made by the parties.  ART. 254. NO INJUNCTION RULE No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218 (Powers of the Commission/NLRC) and 264 (Prohibited Activities) of this Code. REASON: injunction contradicts the constitutional preference for voluntary modes of dispute settlement • In cases of strikes/picketing, third parties or innocent bystanders may secure a court (regular court) injunction to protect their rights. (PAFLU vs. CLORIBEL)

WHAT MAY BE DONE DURING THE 60-DAY FREEDOM PERIOD: a. A labor union may DISAFFILIATE from the mother union to form a local or independent union only during the 60-day freedom period immediately preceding the expiration of the CBA. [take note of the limitation-see discussions on registration of labor unions] b. either party can serve a written notice to TERMINATE OR MODIFY the agreement at least 60 days prior to its expiration period [on renegotiable/non-representation aspect of the CBA—see discussion on 253] c. a petition for CERTIFICATION ELECTION may be filed

 ART. 253–A. TERMS OF A COLLECTIVE BARGAINING AGREEMENT (CONTRACT BAR RULE)
 DURATION OF THE CBA: 1. With respect representation aspect, lasts for 5 years to the the same

2. With respect to other provisions [economic provisions], the same may last for a maximum period of 3 years after the execution of the CBA RULE ON RETROACTIVE EFFECTS OF OTHER ECONOMIC PROVISIONS WITH

 ART. 255. EXCLUSIVE BARGAINING REPRESENTATION AND WORKER’S PARTICIPATION IN POLICY AND DECISION-MAKING
WHAT IS THE MEANING OR EXTENT OF THE WORKERS’ RIGHT TO

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

San Beda College of Law
MEMORY AID PARTICIPATE IN POLICY AND DECISIONMAKING PROCESSES? Such right refers ONLY to participation in grievance procedures and voluntary modes of settling disputes and NOT to formulation of corporate programs and policies. NOTE: An employer may solicit questions, suggestions and complaints from employees eventhough the employees are represented by a union, provided: 1. the collective bargaining representative executes an agreement waiving the right to be present on any occasion when employee grievances are being adjusted by the employer and 2. employer acts strictly within the terms of this waiver agreement.
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 LABOR MANAGEMENT COUNCILS deal with the employer on matters affecting employee’s rights, benefits and welfare. • They may be formed even if there is already a union in the company.  ARTS. 256-259 PETITION FOR CERTIFICATION ELECTION  BARGAINING UNIT- a group of employees of a given employer, comprised of all or less than all the entire body of the employees, which, consistent with equity to the employer, indicate to be best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provision of the law.  CERTIFICATION YEAR - refers to the period wherein collective bargaining should begin, which is within 12 months following the determination and certification of employees' exclusive bargaining representative.  FOUR FACTORS IN DETERMINING THE APPROPRIATE BARGAINING UNIT: 1. the EXPRESS WILL OR DESIRE of the employees (Globe Doctrine); • the desires of all the employees are relevant to the determination of the appropriate bargaining unit. The relevance of the wishes of the employees concerning their inclusion or exclusion from a proposed bargaining unit is inherent in the basic right to self organization 2. the SUBSTANTIAL AND MUTUALITY INTEREST factor; 3. prior collective bargaining HISTORY; and 4. EMPLOYMENT STATUS, such as a. temporary b. seasonal, and c. probationary employee

 ONE-UNION, ONE-COMPANY POLICY 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. EXCEPTION: supervisory employees who are allowed to form their own unions apart from the rank-and-file employees - the policy should yield to the right of employees to form unions for purposes not contrary to law, self-organization and to enter into collective bargaining negotiations. • two companies cannot be treated into a single bargaining unit even if their businesses are related. • subsidiaries or corporations formed out of former divisions of a mother company following a reorganization may constitute a separate bargaining unit.

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

IT IS NO LONGER ALLOWED. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. Jr. (EO 111) VOLUNTARY RECOGNITION – the process whereby the employer recognizes a labor organization as the exclusive bargaining representative of the employees in the appropriate bargaining unit after a showing that the labor organization is supported by at least a majority of the employees in the bargaining unit.San Beda College of Law MEMORY AID IN 44 LABOR LAW  THINGS TO CONSIDER IN DETERMINING THE COMMUNITY OF INTEREST DOCTRINE: 1.through voluntary CONSENT ELECTION . DESIGNATION . similarity in the kinds of work performed 4. NATURE . similarity in employment benefits.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 8.to determine the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining. history of bargaining previous collective election B. Elsa Villaflor(Labor Relations). Ma. similarity in the qualifications.to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit mainly for the purpose of determining the administrator of the CBA when the contracting union suffered massive disaffiliation but not for the purpose of determining the bargaining agent for purposes of collective bargaining. CERTIFICATION ELECTION – the process of determining by secret ballot the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit.a separate and distinct process and has nothing to do with the import and effect of a certification LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.voluntary recognition A. Emil Bien Ongkiko.separate and distinct from a consent election . frequency of contract or interchange among the employees 6. CONSENT DIRECT CERTIFICATION . common supervision and determination of labor-relations policy 7. hours of work and other terms and conditions of employment 3. Jasmine Isip. desires of the affected employees 9.  EFFECT OF VOLUNTARY RECOGNITION BY THE EMPLOYER .certification election 2.the process whereby the Med-Arbiter directly certifies a labor organization of an appropriate bargaining unit of a company after a showing that such petition is supported by at least a majority of the employees in the bargaining unit. PURPOSE . similarity in the scale and manner of determining earnings 2. skills and training of the employees 5. for purposes of collective bargaining  CERTIFICATION ELECTION CERTIFICATION ELECTION A. extent of union organization  MODES OF CHOOSING THE EXCLUSIVE BARGAINING UNIT: 1. vs. SELECTION . Kareen Faye Pioquinto .

include spoiled ballots 2. PERIOD FOR FILING THE PETITION a. Jr. EDP’S: Jennifer Trinidad. B. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  REQUISITES BEFORE A LABOR UNION CAN BE DECLARED A WINNER (DOUBLE MAJORITY RULE): 1.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.g. Elsa Villaflor(Labor Relations). In determining valid votes [SECOND MAJORITY]. Union One. the labor organization can file a petition for certification election within the 60-day freedom period (CONTRACT-BAR RULE) b. (c) NOT ONE OF THE CHOICES OBTAINED THE MAJORITY (50%+1-SECOND MAJORITY) of the valid votes cast.San Beda College of Law MEMORY AID recognition by the employer. Majority of the valid votes cast is for such union.E. In determining the eligible votes cast [FIRST MAJORITY]. only a legitimate labor organization can file such petition. when there is a CBA.The petition must be supported by the written consent of at least 25% of ALL THE EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT. (d) the TOTAL VOTES FOR THE UNIONS IS AT LEAST 50% of the votes cast. Emil Bien Ongkiko. WHEN MANDATORY ON THE PART OF BLR . subject to the Deadlock Bar Rule.any time. the filing of a verified petition by a legitimate labor organization. (e) there is NO UNRESOLVED CHALLENGED VOTES or election protest which if sustained can materially alter the results (f) the two choices which garnered the highest votes will be voted and the one which  C. e. the labor organization is recognized by the employer as the exclusive bargaining agent which may collectively bargain with such employer. Majority of the eligible voters cast their votes AND LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. then the labor organization can file a petition for certification election at any time.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). (b) the said election presented at least THREE CHOICES. eliminate spoiled ballots but include challenged votes RUN-OFF ELECTION: A run-off election is proper if the following conditions exist namely: (a) a VALID ELECTION took place because majority of the Collective Bargaining Unit members voted [FIRST MAJORITY]. or b.the employer cannot file a petition for certification election.. subject however to the ONEELECTIONPER-YEAR RULE. IN 45 LABOR LAW 2. Union Two. IN AN ORGANIZED AND AN UNORGANIZED ESTABLISHMENT ORGANIZED A. Kareen Faye Pioquinto . when there is no CBA. upon the filing of a petition by the employer when such employer is requested by the employees to bargain collectively. Jasmine Isip. . and No Union (Take Note: “No Union shall not be a choice in the run – off election). .  HOW TO DETERMINE THE DOUBLE MAJORITY RULE: 1. Ma. . UNORGANIZED Upon: a.

San Beda College of Law MEMORY AID garners the highest number of votes will be declared the winner provided they get the majority votes of the total votes cast Who will participate in the run – off? The unions receiving the highest and second highest number of votes cast. an election is conducted between the union choices receiving the largest and the second largest number of the valid votes cast. CBA is not registered 2. if all choices received the same number of votes.  EXCEPTIONS TO THE CONTRACT-BAR RULE: 1. the BLR is not allowed to hold an election contesting the majority status of the incumbent union during the five year term of the CBA except during LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Elsa Villaflor(Labor Relations). It must contain THE TERMS AND CONDITIONS of employment. Covered employees in an appropriate bargaining unit [ABU EES COVERED]. 7. One year bar rule 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). CONTRACT-BAR RULE . Kareen Faye Pioquinto . EDP’S: Jennifer Trinidad. In both instances.when there is a deadlock in collective bargaining and the same has been submitted to NCMB for conciliation and mediation the same bars any petition or conduct of certification election. Ma. the successor-in-interest who is a buyer in good faith has no liability to the employees in continuing employment 1. Emil Bien Ongkiko. Contract bar rule 1. Negotiation bar rule 4.while a valid and registered CBA of a fixed duration is subsisting. 6.  Re – Run Election vs. 2. This presupposes no less than three competing choices. CBA does not foster industrial peace because of schism 6. 5. NOTE: Registration of CBA only puts into effect the contract bar rule but the CBA itself is valid and binding even if unregistered. In this situation. Petition is filed during the 60-day freedom period  SUCCESSOR-IN-INTEREST DOCTRINE – When an employer with an existing CBA is succeeded by another employer. Deadlock bar rule. Run – off Election RE – RUN ELECTION RUN – OFF ELECTION Held in instances: two Conducted when none of the choices. CBA deregistered 3. Jr. Jasmine Isip. 4. It must be RATIFIED. CBA was hastily concluded way ahead of the freedom period 4. IN 46 LABOR LAW the sixty day period immediately prior to the expiration of the CBA. including the choice of No Union.there is no bar and therefore a certification election may be held. It must be REGISTERED with the Bureau. 2. It is for a REASONABLE PERIOD or duration. if one choice receives a plurality of vote and the remaining choices results in a tie. the NO UNION is also a choice  RULES WHICH PREVENT THE HOLDING OF A CERTIFICATION ELECTION [DONC]: 1. CBA is incomplete in itself 5. 3. CBA was concluded in violation of an order enjoining the parties from entering into a CBA until the issue of representation is resolved 7. REQUIREMENTS IN ORDER TO INVOKE CONTRACT-BAR RULE: 1. The violation of the contract bar rule or the existence of a duly registered CBA must be specifically IMPLEADED AS A DEFENSE.  EFFECT OF AN INVALID AND UNREGISTERED CBA. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 2. receives a majority of the valid vote cast. Agreement is in WRITING AND SIGNED by all contracting parties.

 INDICATIONS OF A GENUINE DEADLOCK: 1. bargain for the shortening of said expiration date. NEGOTIATION BAR RULE . Ma. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID and the collective bargaining agreement because these contracts are in personam EXCEPT: a. before the filing of the petition for certification election. b. a bargaining deadlock to which an incumbent or certified bargaining agent is a party. CERTIFICATION YEAR RULE – no petition for certification election may be filed within one year from the date of a valid certification. when the employer directly bargains with the employee disregarding the union. vs. 4. Kareen Faye Pioquinto . The new agent must respect the contract. despite noble intentions. the duly recognized or certified union has commenced negotiations with the employer in accordance with Art. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Surface Bargaining – occurs when employer constantly changes its positions over the agreement. the sale or transfer is made in bad faith  SUBSTITUTIONARY DOCTRINE – where there occurs a shift in the employees’ union allegiance after the execution of a collective bargaining contract with the employer. • The aim was to deal with the Union through the employees. consent. Employer submits its proposals and adopts a take it or leave it stand. vs. 1. Emil Bien Ongkiko. Side Bar Technique LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. This is not negotiation because the take it or leave it stand implies threat. 3. DEADLOCK BAR RULE . the employees can change their agent (the labor union) but the collective bargaining contract which is still subsisting continues to bind the employees up to its expiration date. the submission of the deadlock to a third party conciliator or arbitrator 2. which presupposes reasonable effort at good faith bargaining which. the deadlock is the subject of a valid notice of strike or lockout 3. rather than with the employees through the union. however. when the successor-in-interest expressly assumes the obligation or b. Jasmine Isip. Inc. BCI Employees and Workers Union-PAFLU).  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 250 of the Labor Code. (Benguet Consolidated.a petition for certification election cannot be entertained if. did not conclude in an agreement between the parties. Boulwarism – occurs: a. 2. They may. 2.a petition for certification election cannot be entertained if. EDP’S: Jennifer Trinidad. or run-off election or from the date of voluntary recognition  EXAMPLES BARGAINING: OF BAD FAITH  LIMITATION AS TO ITS APPLICATION – it cannot be invoked to support the contention that a newly certified collective bargaining agent automatically assumes all the personal undertakings of the former agent—like the “no strike clause” in the CBA executed by the latter (Benguet Consolidated Inc. • The employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. before the filing of the petition for certification election. the sale is a device to circumvent the obligation or c. Employees and Workers UnionPAFLU) IN 47 LABOR LAW DEADLOCK – arises when there is an impasse. Jr.

violations of CBA. to raise a grievance directly to the employer.  NATURE OF GRIEVANCE PROCEDURE It is a “must” provision in any CBA and no collective agreement can be registered in the absence of such procedure. JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOLUNTARY ARBITRATORS  JURISDICTION OF VOLUNTARY ARBITRATORS: 1. • Although the provision mentions “parties to a collective bargaining agreement.a mechanism for the adjustment of controversies or disputes arising from the interpretation or implementation of the CBA and the interpretation or enforcement of company personnel policies  GRIEVANCE . GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  GRIEVANCE MACHINERY .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).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. Jasmine Isip. Art. d) Unresolved grievances arising from the interpretation and implementation of the productivity incentive programs under RA 6071 . • It is the labor arbiter and not the grievance machinery which has jurisdiction over dismissals pursuant to the union security clause.  ARBITRATION MAY BE INITIATED BY: 1. except those which are gross in character. Kareen Faye Pioquinto . 2. It is a part of the continuous process of collective bargaining intended to promote a friendly dialogue between labor and management as a means of maintaining industrial peace. Emil Bien Ongkiko. EXCLUSIVE ORIGINAL JURISDICTION CONFERRED BY LAW a)All grievances arising from the interpretation or implementation of the CBA.San Beda College of Law MEMORY AID IN 48 LABOR LAW TITLE VII.A (as incorporated by RA 6715) GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  ART.  ART 261. EDP’S: Jennifer Trinidad. All grievances not settled within 7 days from the date of its submission to the grievance machinery shall automatically be referred voluntary arbitration prescribed in the CBA. In any work place where grievance can arise.” it does not mean that a grievance machinery cannot be set up • in a CBA-less enterprise. shall no • LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. and either the union or the employer invokes the grievance machinery provision for the adjustment or resolution of such dispute or controversy. Jr. c)Hear and decide wage distortion issues arising from the application of any wage orders in organized establishments. b) Those arising from the interpretation or enforcement of company personnel polices. 255 allows an employee. Ma. 260. a grievance machinery (regardless of name) can be established. Elsa Villaflor(Labor Relations). SUBMISSION AGREEMENT – where the parties define the disputes to be resolved. or DEMAND OR NOTICE invoking a collective agreement arbitration clause. union member or not. In a unionized company.  VOLUNTARY ARBITRATION contractual proceedings where parties to a dispute select a judge of their own choice and by consent submit their controversy to him for determination. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.

as well as the immediate vicinity actually used by picketing strikers in moving to an fro before all points of entrance to and exit from said establishment TITLE VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES CHAPTER I STRIKES AND LOCKOUTS LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. And they do not necessarily cause work stoppage by the protesters. EDP’S: Jennifer Trinidad. GROSS VIOLATION – flagrant and/or malicious refusal to comply with the economic provisions of the CBA. is always a group action accompanied by work stoppage. in contrast.means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. hour or conditions of work or in the exercise of the right to self organization or collective bargaining  STRIKE AREA – the establishment. impedes or interferes by force. 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.” hence. IMPORTANCE: it is the most effective weapon of labor in protecting the rights of employees to improve the terms and conditions of their employment. warehouse. usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute. 2. A strike. This is an exercise of one’s freedom of speech. 217 which otherwise fall under the exclusive jurisdiction of a labor arbiter. Emil Bien Ongkiko.  STRIKE-BREAKER . plants or offices. Jr. threats or intimidation with any peaceful picketing by employees during any labor controversy affecting wages. 4.  PICKETING . 5.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). they may only be protest actions. • Only legitimate labor organizations are given the right to strike. Kareen Faye Pioquinto . Jasmine Isip. PICKETING AND LOCKOUTS  STRIKE .  LOCKOUT . STRIKES. 263. • Voluntary arbitration may be viewed as a master procedure to prevent or resolve labor disputes  GROUNDS FOR JUDICIAL REVIEW OF DECISIONS OF VOLUNTARY ARBITRATORS: 1. including the sites or premises used as runaway shops of the employer struck against. which may be filed with the Court of Appeals. violence. • Ununionized workers may hold a protest action but not a strike • Not all concerted activities are strikes. coercion.San Beda College of Law MEMORY AID longer be treated as ULP and shall be resolved as grievances. 262) -all other disputes including ULP and bargaining deadlocks • The disputes the parties may submit to a Voluntary Arbitrator can include any or all the disputes mentioned in Art.the act marching to and fro the employer’s premises. depots. a petition for certiorari under Rule 65 of the Rules of Court will lie where a grave abuse of discretion or an act without or in excess of jurisdiction of the voluntary arbitrator is shown. IN 49 LABOR LAW  ART. Elsa Villaflor(Labor Relations).Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. • Government employees may form labor unions but are not allowed to strike. • Lack of jurisdiction Grave abuse of discretion Violation of due process Denial of substantial justice Erroneous interpretation of the law A voluntary arbitrator is a “quasijudicial instrumentality (Sec 9 BP129 as amended by RA 7902). JURISDICTION BY AGREEMENT OF THE PARTIES (Art. 3. Ma.any person who obstructs.

ILLEGAL. without demands or grievances of their own against the employer.because there is no labor dispute between the workers who are joining the strikers and the latter’s employer.San Beda College of Law MEMORY AID SOME EXAMPLES OF STRIKES AND THEIR VALIDITY A. B. D. which may constitute union busting where the existence of the union is threatened. deadlock in collective bargaining (ECONOMIC). NATURE . Jr. SIT-DOWN STRIKE is characterized by a temporary work stoppage of workers who thereupon seize or occupy property of the employer or refuse to vacate the premises of the employer. B. SYMPATHETIC STRIKES. Elsa Villaflor(Labor Relations). .Notice of strike and strike vote maybe dispensed with.either bargaining agent of a.because there is no labor dispute involved.the cooling off period may be mandatory. IN 50 LABOR LAW . EXCEPTION TO THE COOLINGOFF PERIOD . ILLEGAL .It is not valid because it fails to comply with certain requirements of the law. Emil Bien Ongkiko. ILLEGAL. to wit: notice of strike. INITIATED BY: The collective .An involuntary strike. labor organization in behalf of its members C. D. and report on strike vote.  GROUNDS FOR THE DECLARATION OF STRIKE: 1. . A “welga ng bayan” is illegal because it is a political strike and therefore there is neither a bargaining deadlock nor any ULP.are work stoppages of workers of one company to make common cause with other strikers of other companies. unfair labor practices (POLITICAL) ECONOMIC STRIKE ULP STRIKE [POLITICAL] A. Collective the appropriate bargaining agent bargaining unit can or declare an economic b. the legitimate strike.BUT it must still observe the mandatory 7-day period before it LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. vote.No exception— . C. ILLEGAL. to the 7-day strike ban.A voluntary strike because the employee will declare a strike to compel management to grant its demands. IS A “WELGA NG BAYAN” LEGAL? NO. dispensed with. It is a political rally.amounts to a criminal act because the employees trespass on the premises of the employer. and/or 2. Jasmine Isip. EDP’S: Jennifer Trinidad. Ma.is a work stoppage that violates the labor contract and is not authorized by the union. It is an act of selfdefense since the employees are being pushed to the wall and their only remedy is to stage a strike.are work stoppages of workers of one company to exert pressure on their employer so that the latter will in turn bring pressure upon the employer of another company with whom another union has a labor dispute. WILDCAT STRIKE. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and the union may take immediate action in case of dismissal from employment of their officers duly elected in accordance with the union’s Constitution and By-laws. the labor organization is forced to go on strike because of the ULP committed against them by the employer.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). SECONDARY STRIKES. They may strike immediately. COOLING OFF PERIOD -30 days from the filing of the notice of strike before the -15 days from the intended date of filing of the actual strike subject notice of strike. Kareen Faye Pioquinto .

there is work stoppage. the striking group is a legitimate labor organization. which stoppage is temporary 6. before staging a strike or lockout. PURPOSE TEST . IN 51 LABOR LAW E. Means employed test 1.that period of time given the NCMB to mediate and conciliate the parties. there must be an established relationship between the strikers and the person/s against whom the strike is called 2. c. Emil Bien Ongkiko. Jr. Kareen Faye Pioquinto . Elsa Villaflor(Labor Relations).bargaining deadlock and/or . strike vote STRIKE VOTE .San Beda College of Law MEMORY AID can stage a valid strike.  CHARACTERISTICS OF STRIKES: 1. Compliance with Procedural and substantive requirements of law 3. Jasmine Isip. the contention advanced by the workers that although the work ceases. the relationship must be one of employer and employee 3. COMPLIANCE WITH PROCEDURAL & SUBSTANTIVE REQUIREMENTS OF LAW to wit (a-d): d. the existence of a dispute between the parties and the utilization by labor of the weapon of concerted refusal to work as a means of persuading or coercing compliance with the working men’s demands 4.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). COOLING –OFF PERIOD . 2.The strike must be due to either . Ma. • It is that span of time allotted by law for the parties to settle theirdisputes in a peaceful manner. 2. the employment relation is deemed to continue albeit in a state of belligerent suspension 5.unfair labor practice. EDP’S: Jennifer Trinidad. and in case of bargaining deadlock.a requirement wherein the decision to declare a strike must be: 1.to ensure that the intended strike is a majority decision • 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 period. obtained by SECRET BALLOT in MEETINGS OR REFERENDA called for the purpose. is the employees’ sole bargaining representative.  TESTS IN DETERMINING THE LEGALITY OF A STRIKE: 1. 7-day strike ban 7-DAY STRIKE BAN – it is the 7 day waiting period before the date of the purported strike [within which the union intending to conduct a strike must at least submit a report to the Department as to the result of the strike vote] intended to give the Department an opportunity TO VERIFY whether the projected strike really carries the imprimatur of the majority of the union members in addition to the cooling off period before actual strike. PURPOSE OF A STRIKE VOTE: . the work stoppage is done through the concerted action of the employees 7. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.may be awarded the said paid in the discretion of the authority deciding the case. Purpose Test 2. a. notice of strike b. approved by a MAJORITY of the total union membership in the bargaining unit concerned [not of the whole bargaining unit]. 30/15-day cooling-off period before the intended date of actual strike subject to the 7-day strike ban. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. STRIKE DURATION PAY IN CASE OF A LEGAL STRIKE .not entitled to said pay based on the principle that a ‘fair day’s wage accrues only for a fair day’s labor’ .

e. 29 June 1992) Secretary of Labor may subsume pending labor cases before Labor Arbiters which are involved in the dispute and decide even issues falling under the exclusive and original jurisdiction of labor arbiters such as the declaration of d.  EFFECTS OF THE ASSUMPTION OF JURISDICTION OF THE SECRETARY 1. although subsequently such allegations of ULP are found out as not true. all striking or lockedout employees shall IMMEDIATELY RETURN TO WORK. or b. Only issues submitted to the Secretary may be resolved by him. NOTE: The 3 tests must concur. OF LABOR ASSUME JURISDICTION OVER A STRIKE? 1. Scholastica’s College vs. NOTE: What constitutes indispensable industry is based solely upon the discretion of the Secretary of Labor. decide it.there exists a labor dispute causing or likely to cause a strike or lockout in a INDUSTRY INDISPENSABLE TO THE NATIONAL INTEREST.San Beda College of Law MEMORY AID 3. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  EFFECT OF GOOD FAITH OF STRIKERS ON LEGALITY OF STRIKE . pervasive and adopted as a matter of policy and not merely violence which is sporadic which normally occur in a strike area [see prohibited activities under art. Jr. Ma. Sec. Jasmine Isip. MEANS EMPLOYED TEST-A strike may be legal at its inception but eventually be declared illegal if the strike is accompanied by violence which violence is widespread.the Secretary of Labor and Employment may: a.the culpability of an employer’s remarks are to be evaluated not only on the basis of their implicit implications but are to be appraised against the background of and in conjunction with collateral circumstances. of Labor. Kareen Faye Pioquinto . 2. the employer shall immediately resume operations and READMIT ALL WORKERS under the same terms and conditions prevailing before the strike or lockout. AUTOMATICALLY ENJOINS the intended or impending strike or lockout as specified in the assumption or certification order. (Bacus vs. though innocent in themselves. • A motion for reconsideration does not suspend the effects as the assumption order is immediately executory. (PAL vs. IN 52 LABOR LAW certify the same to the NLRC for COMPULSORY ARBITRATION. the history of the particular employer’s labor relations of anti-union bias or c. 264]. frequently were held to be culpable because: a. EDP’S: Jennifer Trinidad.  ISSUES THAT THE SECRETARY OF LABOR CAN RESOLVE WHEN HE ASSUMES JURISDICTION OVER A LABOR DISPUTE: c. Issues submitted to the Secretary for resolution and such issues involved in the labor dispute itself. Ople)  TOTALITY DOCTRINE . (St. Non-compliance with any of the aforementioned requisites renders the strike illegal. Torres. Emil Bien Ongkiko. Elsa Villaflor(Labor Relations). Under this “doctrine” expressions of opinion by an employer which.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). because of their connection with an established collateral plan of coercion or interference. 2. WHEN CAN THE SEC. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). if one has already taken place at the time of assumption or certification. of the circumstances under which they were uttered b. and 3.

29 June 1993. regardless of whether or not the strike was the consequence of the employer’s ULP REASON: because while out on strike. Kareen Faye Pioquinto . the strikers are not considered to have abandoned their employment. ACTIVITIES 264. Jasmine Isip.  ART. of Labor is plenary and discretionary. of an “unconditional offer”: “we will return tomorrow” and NOT “willing to return provided] They are entitled to backwages from the date the offer was made Where there is RETURN-TO-WORK ORDER and the employees are discriminated against.The following strikers are NOT entitled to reinstatement: 1. Power of Sec.  RULE IN STRIKES IN HOSPITALS 1. f. • Those union members who joined an illegal strike but have not committed any illegal act shall be reinstated but without any backwages. 10 March 1994). 2. They are entitled to backwages from the date of discrimination. 09 January 1992). but LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID legality or illegality of strike. Confesor. (Int’l Pharmaceuticals vs. Jr. Sec of Labor. Union officers who knowingly participate in an illegal strike. IN CASE THE STRIKE IS DECLARED LEGAL. • The declaration of a strike is NOT a renunciation of employment relation. and 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. IN 53 LABOR LAW rather have only ceased from their labor. (St. • 3. Luke’s Medical Center vs. EXCEPTIONS . even if the strike is legal. In case of a ULP STRIKE. EXCEPTIONS: 1. in the discretion of the authority deciding the case [see table for more distinction bet. No labor organization or employer shall declare a strike or lockout • without first having bargained collectively in accordance with Title VII of this Book or • without first having filed the notice required in Art. 263 or  RULE ON REINSTATEMENT OF STRIKING WORKERS: GENERAL RULE : Striking employees are entitled to reinstatement. PROHIBITED 2. EDP’S: Jennifer Trinidad. but the employer refused to accept the offer [e.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma. ARE THE STRIKERS ENTITLED TO STRIKE DURATION PAY? GENERAL RULE: Strikers are not entitled to their wages during the period of a strike. 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. Economic and ULP strike] Where the strikers VOLUNTARILY AND UNCONDITIONALLY OFFERED TO RETURN TO WORK. Emil Bien Ongkiko. Torres.g. any striker/union member who knowingly participates in the commission of illegal acts during the strike. 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 lockout. reiterated in PAL vs.  LABOR ORGANIZATIONS 1.

DURING the pendency of cases involving the same grounds for the strike or lockout.San Beda College of Law MEMORY AID IN 54 LABOR LAW • without the necessary strike or lockout vote first having been obtained and reported to the Department. obstruct public thoroughfares  ART. order. coercion. AFTER certification or submission of the dispute to compulsory or voluntary arbitration or c. Ma. NO employer shall use or employ any STRIKE-BREAKER nor shall any person be employed as a strikebreaker. or armed persons. maintain peace and order. • shall bring in.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). violence. NO strike or lockout shall declared: be Philippines of the Integrated National Police. including officers and personnel of the New Armed Forces of the REDUCED OFFER BALLOTING 1. commit any act of violence. Emil Bien Ongkiko. Jr. referendum conducted by NCMB for purpose determining whether or a the the of not LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Elsa Villaflor(Labor Relations). AFTER assumption of jurisdiction by the President or the Secretary or b. a referendum conducted by the NCMB on or before the 30th day of the strike. b. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. REDUCED OFFER BALLOTING IMPROVED OFFER BALLOTING 1. EDP’S: Jennifer Trinidad. 265. NO public official or employee. protect life and property.  THIRD PERSONS 2.or c. That nothing herein shall be interpreted to prevent any public officers from taking any measure necessary to: a. • Provided.  PUBLIC OFFICIAL OR EMPLOYEE 4. impede or interfere with by force. Jasmine Isip. and/or c. obstruct the free ingress to or egress from the employer’s premises for lawful purposes. introduce or escort in any manner. or work in place of the strikers. Kareen Faye Pioquinto . any individual who seeks to replace strikes in entering or leaving the premises of a strike area. IMPROVED OFFER vs. enforce the law and legal  PERSONS ENGAGED IN PICKETING NO person engaged in PICKETING shall: a. NO person [3rd persons] all obstruct. for the purpose of determining whether or not the improved offer of the •  EMPLOYERS 3. coercion or intimidation or b. threats or intimidation • any peaceful picketing by employees • 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. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: a.

What happens if there is an order of reinstatement but the position is no longer available? The employee should be given a SUBSTANTIALLY EQUIVALENT POSITION. national security b.  FORMS OF REINSTATEMENT: ACTUAL OR PHYSICAL REINSTATEMENT . 2. 3. to ascertain the real sentiment of the silent majority of the union members on strike. 219 SCRA 549). the court can order the reinstatement of an employee even if the complaint does not include a prayer for reinstatement. Elsa Villaflor(Labor Relations). Emil Bien Ongkiko. that the employer shall not terminate the services of an employee except for just cause or when authorized by law.San Beda College of Law MEMORY AID employer is acceptable to the union members. unless. on or before the 30th day of the lockout 4. among others.the employee is merely reinstated in the payroll. EDP’S: Jennifer Trinidad. SECURITY OF TENURE  SECURITY OF TENURE . 1. The mere fact that the complaint did not pray for reinstatement will not prejudice the employee. May a court order the reinstatement of a dismissed employee even if the prayer of the complaint did not include such relief? YES. the reduced offer of the union is acceptable to the board of directors. to determining whether or not the improved offer of the EMPLOYER is acceptable to the union members. PERIOD OF FILING 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).the employee shall be admitted back to work 2. to determining whether or not the improved offer of the UNION is acceptable to the union members. c.the constitutional right granted the employee. PAYROLL REINSTATEMENT . an employee who is unjustly dismissed is entitled to reinstatement. If NO SUBSTANTIALLY EQUIVALENT POSITION IS AVAILABLE. NLRC. trustees or partners. RELIEFS AVAILABLE TO AN ILLEGALLY DISMISSED EMPLOYEE:  A.Restoration of the employee to the state from which he has been unjustly removed or separated without loss of seniority rights and other privileges. Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 279. Kareen Faye Pioquinto . on or before the 30th day of the strike LIMITATION 4. By law. 266. So long as there is a finding that the employee was illegally dismissed. applies only to economic strikes-deadlock in bargaining (lockout) IN 55 LABOR LAW TERMINATION OF EMPLOYMENT ART. 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. the employee has waived his right to reinstatement. applies economic (deadlock) only to strikes  ART. • to ascertain the real sentiment of the silent majority of the union members on strike. because technicalities of law and procedure are frowned upon in labor proceedings (General Baptist Bible College v. of course. reinstatement PURPOSE 2. public peace commission of a crime BOOK SIX POST EMPLOYMENT TITLE I LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Jr. Ma. REINSTATEMENT .

EDP’S: Jennifer Trinidad. business reverses 4. (Art. A fortiori. helmets and ponchos should NOT be included in the computation of backwages.Under the circumstances where the employment relationship has become so strained to preclude a harmonious working relationship. PHYSICAL INCAPACITY of the employee. vacation or service incentive leave and sick leave 3. 3. BACKWAGES – the relief given to an employee to compensate him for lost earnings during the period of his dismissal. TRANSFER OF BUSINESS OWNERSHIP -There is no law requiring a purchasing corporation to absorb the employees of the selling corporation.When the employer can no longer trust the employee and vice-versa. Constitution)  ART. reinstatement of dismissed employee confinement in jail Which takes precedence in conflicts arising between employer’s MANAGEMENT PREROGATIVE and the employees’ right to security of tenure? The employee’s right to security of tenure. When reinstatement is rendered IMPOSSIBLE due to the abolition of the position. XIII. This doctrine only applies only to positions which require trust and confidence .Under existing law. DOCTRINE OF STRAINED RELATIONS .  CIRCUMSTANCES WHEN COMPANY MAY NOT REINSTATE DESPITE ORDER OF REINSTATEMENT 1.  INCLUDED IN THE COMPUTATION OF BACKWAGES 1. to be used only during official tour of duty not for private or personal use. Kareen Faye Pioquinto .  CIRCUMSTANCES THAT PREVENT AWARD OF BACKWAGES: 1. the employee should merely be given SEPARATION PAY CONSISTING OF ONE MONTH SALARY FOR EVERY YEAR OF SERVICE (1:1). and that all hopes at reconciliation are nil after reinstatement. Jr. Sec. closure of business 5. Jasmine Isip. physical and mental incapacity 3. 13th month pay. 279. 3. an employer’s management prerogative includes the right to terminate the services of the employee but this management prerogative is limited by the Labor Code which provides that the employer can terminate an employee only for a just cause or when authorized by law. death of the employee 2. transportation and emergency allowances 2. Emil Bien Ongkiko. REGULAR AND CASUAL EMPLOYMENT LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 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. reinstatement could not effectively serve as a remedy. In such a situation. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.San Beda College of Law MEMORY AID should not be ordered because that would in effect compel the employer to do the impossible. Elsa Villaflor(Labor Relations). Labor Code. 4. 280. it would be more beneficial to accord the employee backwages and separation pay. Art. shoes.  PERIOD PAYMENT COVERED BY THE OF BACKWAGES IN 56 LABOR LAW Backwages shall cover the period from the date of dismissal of the employee up to the date of actual reinstatement  HOW COMPUTED . B. Ma. backwages is computed from the time of the illegal dismissal up to time of actual reinstatement. Thus. REASON: said items are given free. This limitation is because no less than the constitution recognizes and guarantees employee’s right to security of tenure. and 5. NOTE: facilities such as uniforms. When the business has CLOSED DOWN.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 2.

PROJECT EMPLOYEE PROJECT EMPLOYEE A project employee is one whose employment is fixed for a specific project or undertaking the completion of which has been determined at the time of the engagement of the employee.  LIMITATIONS ON THE EMPLOYER’S POWER TO TERMINATE A PROBATIONARY EMPLOYMENT CONTRACT: 1.one wherein an employee is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. Jr. vs. the termination must be within such time and if formal notice is required.during the off-season his employment is merely suspended not terminated (Phil.San Beda College of Law MEMORY AID REGULAR EMPLOYMENT . NOTE:The standard which the probationary employee is to meet must be made known by the employer to the employee at the time of engagement. Test of employment. the completion of which has been determined at the time of the engagement of the employee. . Elsa Villaflor(Labor Relations). then that form must be used [WITHIN PARTICULAR PRESCRIBED TIME].the period needed to determine the fitness for the job.. It is the period during which the employer may determine if the employee is qualified for possible inclusion in the regular force. the power must be exercised in accordance with the specific requirements of the contract [COMPLIANCE WITH SPECIFIC REQUIREMENTS]. except that there is an additional ground – failure to meet the standard. EDP’S: Jennifer Trinidad. CASUAL EMPLOYMENT – one wherein an employee is engaged to perform activities which are not necessary or desirable in the usual trade or business of the employer. . .  SEASONAL EMPLOYMENT .He is a regular employee at the point of hiring. Ma. • Pakiao employees are considered employees as long as the employer exercises control over the means by which such workers are to perform their work. Tobacco Flue Curring and Drying Corp. 280 LC) REGULAR EMPLOYEE A regular employee is one engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer  TEMPORARY EMPLOYMENT OR EMPLOYMENT FOR A FIXED SPECIFIC PERIOD . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. The employment is coterminous with the specific period.one wherein an employee is engaged to work during a particular season on an activity that is usually necessary or desirable in  PROBATIONARY PERIOD OF EMPLOYMENT . the time needed to learn the job. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. i . PURPOSE: To afford the employer an opportunity to observe the fitness of a probationary employee at work. NLRC). • Employee is considered an regular employee insofar as the season to which he was employed is concerned. Emil Bien Ongkiko.e. The services of probationary employees may be terminated for the same causes as in the case of regular employee.becomes a regular employee after one (1) year of service. 2.He does not become a regular employee. . regularity: nature of IN 57 LABOR LAW the usual business or trade of the employer. REGULAR EMPLOYEE VS. (See Art. Jasmine Isip.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.if a particular time is prescribed.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto .

FRAUD OR WILLFUL BREACH by the employee of the trust reposed in him by his employer or duly organized representative • Fraud must be committed against the employer or his representative and in connection with the employee’s work. Serious MISCONDUCT OR WILLFUL DISOBEDIENCE by the employee of the lawful orders of his employer or representative in connection with his work. not feigned so as to circumvent the contract or the law [DISSATISFACTION—REAL AND IN GOOD FAITH]. or 2. Gravity of the offense 2. willful in character. said employee becomes a regular employee by operation of law. and implies wrongful intent and not mere error in judgment.there must BE NO UNLAWFUL DISCRIMINATION in the dismissal. L-17780)  DUE PROCESS TO BE OBSERVED BY THE EMPLOYER . when it is covered by an apprenticeship agreement stipulating a longer period. of Labor Manual. • Misconduct.transgression of some established and definite rule of action. EXCEPTIONS: 1.the employer’s dissatisfaction must be real and in good faith. 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. Jr. TERMINATION BY EMPLOYER  SECURITY OF TENURE . No. EDP’S: Jennifer Trinidad. (Dept. 5. Emil Bien Ongkiko. (Repeated absenteeism and tardiness) 3. Jasmine Isip. Degree of damage to the employer 4. • A cause must be due to the voluntary or willful act or omission of the employee.01 [3]) 4. 281. JUST CAUSES [MaNaBaCA]: 1. Ma. Other causes ANALOGOUS to the foregoing.For termination of the employment based on the any of the just causes for termination.” (Art. (Nadura v. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. of Labor Manual. such as when the same is established by company policy or when the same is required by the nature of the work to be performed by the employee  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. Length of service IN 58 LABOR LAW A. when the parties to an employment contract agree otherwise. Position occupied by the employee 3. ((Dept.01) 2. a forbidden act. Elsa Villaflor(Labor Relations). Kareen Faye Pioquinto . Under the Labor Code. Gross and habitual NEGLECT by the employee of his duties.An employer CANNOT terminate the services of an employee EXCEPT for a just cause or when authorized by law. G.R. Previous infractions of the same offense 5.)  ART. 4353. “an employee who is allowed to work after a probationary period shall be considered a regular employee. GENERAL RULE: Probationary employment shall not exceed six months from the date the employee started working. Benguet Consolidated. Sec.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). a dereliction of duty. 4353.  GUIDELINES TO DETERMINE THE VALIDITY OF TERMINATION: 1.San Beda College of Law MEMORY AID 3. 282. Sec. the requirements of due process that an employer must comply with are: (TWIN NOTICES) LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. and 4. and • Conviction or prosecution is not required.

is given the opportunity to respond to the charge. 2. REDUNDANCY (superfluity in the performance of a particular work) • redundancy. - it can be extended provided the employee’s wages are paid after the 30 day period. his family and representatives as well as the offender’s co-workers by the continued service of the employee then he may be placed under preventive suspension pending his investigation. A HEARING OR CONFERENCE should be held during which the employee concerned. Written NOTICE should be served to the employee specifying the ground or grounds for termination and giving the said employee reasonable opportunity within which to explain. exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. with the assistance of counsel. his dismissal becomes IN 59 LABOR LAW ineffectual. the requirements of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional office of the Department of Labor and employment at least thirty days before the effectivity of the termination specifying the grounds for termination. • preventive suspension should not last for more than thirty (30) days. 283-284. Elsa Villaflor(Labor Relations). installation of labor-saving devices (AUTOMATION) 2. the dismissal is legal but the employee is entitled to damages by way of indemnification for the violation of the right. Inc. • AGABON vs. for purposes of the Labor Code. leading to termination.San Beda College of Law MEMORY AID 1. vs. (Wishire File Co.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the employee is entitled to backwages from the time he was dismissed until the determination of the justness of the cause of the dismissal. The sanctions. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto . The employee should be made to resume his work after 30 days. grounds have been established to justify his termination. ISETANN et. Ma. should be served on the employee indicating that upon due consideration of all the circumstances. however must be stiffer than that imposed in Wenphil. • For termination of employment based on authorized causes. if termination is the decision of the employer. 3. • SERRANO vs. present his evidence and present the evidence presented against him. 2004) abandoned the Serrano doctrine and REINSTATED THE WENPHIL DOCTRINE. PREVENTIVE SUSPENSION – when there is an imminent threat to the lives and properties of the employer. al. EDP’S: Jennifer Trinidad. B. NLRC (Nov. abandoned the WENPHIL DOCTRINE and ruled that if the employee is dismissed under just or authorized cause but the affected employee’s right to due process has been violated.  ARTS. Jasmine Isip. 17. NOTE: Under the so-called WENPHIL DOCTRINE if the services of the employee was terminated due to a just or authorized cause but the affected employee’s right to due process has been violated. Emil Bien Ongkiko. Jr. AUTHORIZED CAUSES TERMINATION BY THE EMPLOYER: OF 1. A WRITTEN NOTICE OF TERMINATION. NLRC) LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. if the employee so desires. Therefore.

Robotics) 6.San Beda College of Law MEMORY AID IN 60 LABOR LAW • Reorganization as a cost-saving device is acknowledged by jurisprudence. RETRENCHMENT to prevent losses (there is excess of employees and employer wants to prevent financial losses) CONDITIONS UNDER WHICH AN EMPLOYER MAY RETRENCH: (a) substantial losses which are not merely de minimis in extent. (NDC-GUTHRIE PLANTATIONS. ET. PERCEIVED OR SUSPECTED HIV STATUS IS DEEMED UNLAWFUL.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Emil Bien Ongkiko. • Before an employer could dismiss an employee based on a disease.. with a certification from public heath officer that the disease is incurable within 6 months despite due medication and treatment. Book VI of the Omnibus Rules Implementing the Labor Code requires a certification by a competent public health authority that the disease is of such a nature or at such stage that it cannot be cured within a period of 6 months even with proper medical treatment. BASED ON THE ACTUAL. 35. PERCEIVED OR SUSPECTED HIV STATUS OF AN INDIVIDUAL IS PROHIBITED. HIV/AIDS LAW) SEPARATION PAY Equivalent to at least one month pay or at least one month pay for every year of service.. vs. the disease is incurable within 6 months and the continued employment of the employee is prohibited by law or prejudicial to his health as well as to the health of his co-employees CAUSE OF TERMINATION Automation Redundancy Retrenchment Closures or cessation of operations not due to serious business losses or LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. and the law does not require that the employer should be suffering financial losses before he can terminate the services of the employee on the ground of redundancy (DOLE PHILIPPINES. 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. 5. whichever is higher Equivalent to at least one month pay or at least one month pay for every year of service. NLRC and Martha Singson) • DISCRIMINATION IN ANY FORM FROM PRE-EMPLOYMENT TO POSTEMPLOYMENT. vs. Section 8 of Rule 1. (b) imminence of such substantial losses. TERMINATION FROM WORK ON THE SOLE BASIS OF ACTUAL. An employer is not precluded from adopting a new policy conducive to a more economical and effective management. (SEC. EDP’S: Jennifer Trinidad. PROMOTION OR ASSIGNMENT. Kareen Faye Pioquinto . (c) retrenchment would effectively prevent the expected and additional losses. AL) 4. whichever is higher Equivalent to one month pay or at least one-half month pay for every year of service Equivalent to one month pay or at least one-half month pay for every year of service (If due to severe 3. DISEASE a. NATIONAL LABOR RELATIONS COMMISSION. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Ma. INC et al. INC. Jasmine Isip. Elsa Villaflor(Labor Relations). (Cathay Pacific Airways vs. INCLUDING HIRING. NATIONAL LABOR RELATIONS COMMISSION et al. RA 8504. INSTALLATION of labor saving devices(Automation. Jr. (d) the alleged losses and expected losses must be proven by sufficient and convincing evidence.) b.

Ma. 3.  ART. a fraction of at least 6 months shall be considered one (1) whole year. Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Elsa Villaflor(Labor Relations). it shall be sufficient that a written notice is served the employee within a reasonable time from the effective date of termination.An employee may put an end to establish WITHOUT SERVING ANY NOTICE on the employer for any of the following just causes [SUCA]: 1. et al]. the term “one half (1/2) month salary” shall mean: NOTE: ARTICLE 283 governs the grant of separation benefits ‘in case of closures or cessation of operation’ of business establishments NOT due to serious business losses or cessation of operation [North Davao Mining Corp. NLRC.) Equivalent to at least one-month salary or to ½ month salary for every year of service. Therefore. 285. IN 61 LABOR LAW Disease served may hold the employee liable for damages.  When termination of employment is brought by the failure of an employee to meet the standards of the employer in case of probationary employment.  When termination is brought about by the completion of the contract or phase thereof. Other causes ANALOGOUS to any of the foregoing. Emil Bien Ongkiko. Unless the parties provide for broader inclusions. but not beyond 65 years which is hereby declared as the compulsory retirement age.The age of retirement is that specified in the CBA or in the employment contract. 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. b. who has served at least 5 years in said establishment.San Beda College of Law MEMORY AID financial reverses financial losses. a fraction of at least six (6) months being considered as one whole year. RETIREMENT  RETIREMENT AGE . the employee is not entitled to such benefit if the closure was due to SERIOUS BUSINESS LOSSES. no separation pay due. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). The employer upon whom no such notice was LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. an employee upon reaching the age of 60 years or more. BENEFITSA retiree is entitled to a retirement pay equivalent to at least ½ month salary for every year of service. 2. 287 as amended by RA 8558). vs. Jr. • The rule is different with respect to underground mining employees whose optional retirement age is 50-60 provided they have at least served for a period of 5 years (Art. WITHOUT JUST CAUSE. and 4.by serving a WRITTEN NOTICE on the employer at least one month in advance. Kareen Faye Pioquinto . WITH JUST CAUSE . 287. TERMINATION BY EMPLOYEE  TERMINATION BY THE EMPLOYEE: a. Inhuman and UNBEARABLE TREATMENT accorded the employee by the employer or his representative. In the absence of a retirement plan or agreement providing for retirement benefits of employees in an establishment. SERIOUS INSULT by the employer or his representative on the hour and person of the employee. whichever is greater. no prior notice is required  ART.

NOTE: Exempted from the payment of retirement pay are retail. public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given ONE RANGE SALARY RAISE upon retirement. Hence. R. MONEY CLAIMS  PERIODS OF PRESCRIPTION Cause MONEY CLAIMS ULP ILLEGAL DISMISSAL REINST ATEMENT Period of Prescription 3 years from the accrual of the causes of action 1 year from the accrual of the cause of action 4 years from the accrual of the cause of action 4 years 65 BOOK SEVEN TRANSITORY AND FINAL PROVISIONS TITLE II NOTE: The period of prescription mentioned under Article 292 of the Labor Code refers to and is limited to money claims. Ma. 291. Kareen Faye Pioquinto . which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefit thereafter. Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). (22. Age 60-65 Retirement Optional but the employee must have served at least 5 years Compulsory (no need for five years of service) PRESCRIPTION CLAIMS OF IN 62 LABOR LAW AND OFFENSES  ART. 4670. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.5 days per year of service) Under Section 26. Elsa Villaflor(Labor Relations). REINSTATEMENT prescribes in 4 years.A. service and agricultural establishments or operations employing NOT more than ten (10) employees or workers. EDP’S: Jennifer Trinidad. all other cases of injury to rights of a workingman being governed by the Civil Code. Jasmine Isip. Emil Bien Ongkiko. otherwise known as the Magna Carta for Public School Teachers.San Beda College of Law MEMORY AID • 15 days plus 1/12 of the 13th month pay and • the cash equivalent of NOT more than 5 days of service incentive leaves. No.

which may be necessary to adopt by reason of the reduced contribution thereto as a result of the integration shall be subject to agreements between the employers and the employees concerned d.San Beda College of Law MEMORY AID VENUE: The Regional Arbitration Branch where the workplace is located (NLRC Rules of Procedure. 9 (a) a. The private benefit plan which the employer shall continue for his employees LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. eliminations or improvements in the benefits to be available under the remaining private plan. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Any changes. reduced or otherwise impaired b. Kareen Faye Pioquinto . their monthly income should not be less than one thousand pesos Limitation: Sec. Compulsory upon all employees not over 60 years of age and their employers 2. adjustments. Jr. In case of domestic helpers. Jasmine Isip.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). EDP’S: Jennifer Trinidad. Ma. Elsa Villaflor(Labor Relations). Any benefit already earned by the employees under private benefit plans existing at the time of the approval of the Act shall not be discontinued. c. Emil Bien Ongkiko. Private plans which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employer’s contribution to his private plan is more than that required of him in this Act. modifications. he shall pay to the SSS only the contribution required of him and he shall continue his contribution to such private plan less his contribution to the SSS so that the employer’s total contribution to his benefit plan and and to the SSS shall be the same as his contribution to his private benefit plan before any compulsory coverage.  COVERAGE: IN 63 LABOR LAW Appendices SPECIAL LAWS SOCIAL SECURITY SYSTEM RA1161 as amended by RA 8282 Compulsory: 1.

Kareen Faye Pioquinto .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Individual farmers and fishermen Voluntary: 1. 4. who carries on in the Philippines. scriptwriters and news correspondents who do not fall within the definition of the term employee in Section 8 (d) of this Act 4. and jockeys 5. Self-employed with no income (11-A) BY AGREEMENT: IN 64 LABOR LAW Any foreign government. Employee: On the day of his employment 3. 2. coaches. Elsa Villaflor(Labor Relations).employed persons as may be determined by the Commission including but not limited to the following (Sec 9-A): (APAPI) 1. including corporations owned or controlled by the Government LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 5. e. Professional athletes. 3. international organization. All self employed professionals 2. Employment purely casual and not for the purpose of occupation or business of the employer 2. Spouses who devote full time to managing the household and family affairs. may be covered by the SSS on a voluntary basis. Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis 3. Services performed by temporary employees. 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. may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems (Sec. Jasmine Isip.  EFFECTIVE DATE OF COVERAGE: 1. trainers. EDP’S: Jennifer Trinidad. Self-employed: It shall take effect upon his registration with SSS Definitio n of Terms  EMPLOYER Any person natural or juridical. which may be excluded by regulation of the commission. Service performed in the employ of the Philippine government or instrumentality or agency thereof. or their wholly owned instrumentality. any trade business. branches or instrumentalities. Compulsory upon such self. Actors and actresses directors. international organization. Ma. 8 (J)): 1.San Beda College of Law MEMORY AID shall remain under the employer’s managementand control unless there is an existing agreement to the contrary. domestic or foreign. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines. 11) 4. Partners and single proprietors 3. EXCLUDED EMPLOYMENT (SEC. unless they are also engaged in other vocation or employment which is subject to mandatory coverage. Service performed in the employ of a foreign government.8 (j (4)). Jr. Employees separated from employment may continue to pay contributions to maintain his right to full benefits (Sec. Emil Bien Ongkiko. or their wholly-owned instrumentality employing workers in the Philippines. Employer: It shall take effect on the first day of his operation 2. Nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those provided under this act 3.

shall be entitled for as A covered member who is 60 years old not qualified under No. The dependent spouse until he or she remarries. Emil Bien Ongkiko. beginning with the youngest without substitution PROVIDED that where there are legitimate and illegitimate children. Elsa Villaflor(Labor Relations). Kareen Faye Pioquinto . IN THEIR ABSENCE. Ma. PROVIDED FURTHER in the absence of the legitimated. has reached the age of 65 years.employed person shall be both the employer and employee at the same time  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.employee relationship. legally adopted or legitimate children. Benefits 1.San Beda College of Law MEMORY AID Self. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. legitimated or legally adopted and illegitimate child who is unmarried. c. SUSPENSION OF MONTHLY PENSION: Upon the re-employment or resumption of self-employment of a retired employee who is less than 65 years old. legitimated or legally adopted and illegitimate children who shall be the primary beneficiaries of the member PROVIDED that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate. where there is an employer. the dependent parents who shall be the secondary beneficiaries. 3. 1 shall still be entitled to retirement benefits PROVIDED.employed person shall be both the employer and employee at the same time  DEPENDENTS: 1. illegitimate children shall be entitled to 100% of the benefits. Dependents pension It shall be paid for each dependent child conceived on or before the date of the contingency but not exceeding five. the legitimate. the dependent legitimate. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. he is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of self. Self. EDP’S: Jennifer Trinidad.support. Death Benefits b. not gainfully employed and has not reached 21 years of age or if 21 years of age. the former shall be preferred. the parent who is receiving regular support from the member  BENEFICIARIES a. The legal spouse entitled by law to receive support from the member 2. IN THE ABSENCE OF ALL of the foregoing.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). he is separated from employment and is not continuing payment of contributions to the SSS on his own. IN 65 LABOR LAW e. d. Retirement benefits A member who has paid at least 120 monthly contributions prior to the semester of retirement and who: a. physically and mentally and 3. Jasmine Isip. any person designated by the covered employee as secondary beneficiary. Monthly pension 2. has reached the age of 60 years and is already separated from employment or has ceased to be selfemployed b. 4. Jr. legitimated or legally adopted children.

Funeral Benefit A funeral grant equivalent to Twelve thousand pesos (P12. 7. to help defray the cost of funeral expenses upon the death of a member. Permanent disability benefits 6. The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application c. Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits d. If no contributions were remitted by the employer or no notice was given to SS.San Beda College of Law MEMORY AID 5. (NOTE: SEE TABLE ON SOCIAL WELFARE LEGISLATION FOR COMPARISON WITH GSIS) GOVERNMENT SERVICE INSURANCE SYSTEM RA 8291 COMPULSORY MEMBERSHIP (Sec. Sources of Fund 1. Collection: Beginning on the last day of the month when an employee’s compulsory coverage takes effect and every month thereafter during his employment. Elsa Villaflor(Labor Relations). Jr. The same time of collection for self-employed Remittance: It shall be remitted within the first 10 days of each calendar month following the month for which they are applicable or within such time as the Commission may prescribe. b. 3) LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. For self-employed they shall remit their contributions quarterly on such dates and schedules as the Commission may require. including permanently totally disabled member or retiree. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jasmine Isip. EDP’S: Jennifer Trinidad. in favor of any agent. the employer shall be liable for IN 66 LABOR LAW damages equivalent to the benefits which said employee member would otherwise have been entitled to.  Non-transferability of benefits (Sec.00) shall be paid. A member must have paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of sickness or injury b. 000. Ma. Kareen Faye Pioquinto . 15) Such benefits are not transferable and no power of attorney or other document executed by those entitled thereto. attorney or any other person for the collection thereof on their behalf shall be recognized. Sickness benefit Requirements: a. Emil Bien Ongkiko. 2. Maternity Leave Benefit It shall be paid to a female employee who has paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of her childbirth or miscarriage PROVIDED: a. his employer shall pay the employer’s contribution and shall deduct and withhold from such employee’s monthly salary the employees contribution. The maternity benefits provided under this section shall be paid only for the first 4 deliveries or miscarriages e. That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS. The SSS shall immediately reimburse the employer 100% of the benefits advanced by the latter f.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). and is confined therefor for more than three days in a hospital or elsewhere with the approval of the SSS 8. except when they are physically unable to collect personally such benefits. in cash or in kind.

 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. Dependents: 1. Kareen Faye Pioquinto . c. 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.San Beda College of Law MEMORY AID Compulsory for all employees (as defined in Section 2 (d) of GSIS Law) receiving compensation who have not reached the compulsory retirement age. EXCEPT FOR THE MEMBERS OF THE JUDICIARY AND CONSTITUTIONAL COMMISSIONS WHO SHALL HAVE LIFE INSURANCE ONLY. retirement and all other social security protection such as disability. The legitimate spouse dependent for support upon the member or pensioner 2. its political subdivisions. d. all members of the GSIS shall have life insurance. whether by election or appointment. Ma. irrespective of employment status. irrespective of status appointment. agencies or instrumentalities including GOCC’s and financial institutions with original charters. Jasmine Isip. EXCEPT MEMBERS OF THE ARMED FORCES AND THE PNP. Emil Bien Ongkiko. the legitimate descendants Disability Any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his/her capacity to continue with his/her current gainful occupation or engage in any other gainful occupation. the constitutional commissions and the judiciary   LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. subject to the condition that they must settle first their financial obligations with the GSIS and contractuals who have no employer and employee relationship with the agencies they serve. not gainfully employed. not over the age of majority. separation and unemployment benefits. or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to age of majority 3. Elsa Villaflor(Labor Relations). IN 67 LABOR LAW  Employee or Member: Any person receiving compensation while in the service of an employer as defined herein. unmarried. Definitio n of Terms  Employer: The national government. b. Total Disability Complete incapacity to continue with his present employment or engage in any gainful occupation due to the loss or impairment of the normal functions of the physical and/or mental faculties of the member    All service credited for retirement. branches. The legitimate. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. legitimated legally adopted child. Parents dependent upon the member for support Primary Beneficiary The legal dependent spouse until he/she remarries Secondary Beneficiary The dependent parents and subject to the restrictions on dependent children. including the illegitimate child who is: a. survivorship.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jr.

Jr. Ma. The member resigns or separates from the service after he has rendered at least three (3) years of service but less than fifteen (15) years or 1. IN 68 LABOR LAW   SEPARATION BENEFITS (SEC. Remittance: The employer shall remit directly to the GSIS the employees and employers contributions within the first ten (10) days of the calendar month following the month to which the contributions apply.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Emil Bien Ongkiko. 13-A): Member has rendered at least 15 years of service He is at least 60 years of age at the time of retirement He is not receiving a monthly pension benefit from permanent total disability 3. Jasmine Isip. EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID  Permanent Total Disability Accrues or arises when recovery from impairment mentioned in Section 2 (Q) (defining disability) is medically remote Temporary Total Disability Accrues or arises when impaired physical and/or mental faculties can be rehabilitated and/or restored to their normal functions Permanent Partial Disability Accrues or arises upon the irrevocable loss or impairment of certain portion/s of the physical faculties. Kareen Faye Pioquinto . 3. 12): 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 PROVIDED that he has been paying integrated contributions for at least one (1) year prior to contributions. Sources of Fund  Contributions 1. despite which the member is able to pursue a gainful occupation.  Benefits 1. Failure to do so shall subject the employers to penal or administrative sanctions. It shall be mandatory for the member and the employer to pay the monthly contributions. benefits likewise Separation include: UNEMPLOYMENT OR INVOLUNTARY SEPARATION BENEFITS (Sec. Collection and Remittance 1. Elsa Villaflor(Labor Relations). Collection: The employer shall report to the GSIS all pertinent information regarding the employee and shall deduct each month from the salary or compensation of each employee the contribution payable by him. 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. PERMANENT DISABILITY BENEFITS General Conditions for Entitlement (Sec. 15): The member must have suffered permanent disability for reasons NOT DUE to: 1. RETIREMENT BENEFITS: Conditions for entitlement (Sec. 2. 2. 11): Separation benefits are given to the: a. The member resigns or separates from office after he has rendered at least fifteen (15) years of service and is below sixty (60) years of age at the time of resignation or separation. Grave misconduct  LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. The employer shall include in its annual appropriation the necessary amounts for its share of the contributions indicated above PLUS any additional premiums that may be required on account of the hazards or risks of its employees occupation.

or willful intention to kill himself or another. 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 3. disability benefits shall be SUSPENDED when: 1. 18) The member shall be entitled to 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. TEMPORARY DISABILITY BENEFITS (Sec. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jr. PROVIDED: 1. 16): He shall receive monthly income benefit for life equal to the basic monthly pension effective from the date of the disability. 5. He recovers from his disability as determined by the GSIS. EDP’S: Jennifer Trinidad. Kareen Faye Pioquinto . If separated from service. He is in the service at the time of the disability 2. SURVIVORSHIP PROVIDED: PENSION. IN 69 LABOR LAW 4. If the disability requires more extensive treatment that lasts beyond 120 days. He fails to present himself for medical examination when required by the GSIS  PERMANENT PARTIAL DISABILITY (Sec. in addition to the monthly income benefit. a. Specific conditions for entitlement (Sec. the payment of the temporary total disability benefit may be extended by the GSIS but not to exceed a total of 240 days LASTLY. IF SEPARATED FROM SERVICE. and in no case shall the benefit be less than 70 pesos a day.  Death of a Member Upon the death of a member. he shall receive a cash payment equivalent to 18 times his basic monthly pension 4. He is in service at the time of his disability 2. a member cannot enjoy temporary total disability benefit and sick leave pay simultaneously IN ADDITION.year period immediately preceding his LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. he has rendered at least 3 years of service and has paid at least 6 monthly contributions in the 12month period immediately preceding the disability HOWEVER. However. PROVIDED: 1. Jasmine Isip. He is reemployed 2. the primary beneficiaries shall be entitled to: 1. Elsa Villaflor(Labor Relations). 17): He must satisfy specific conditions 1-3. SURVIVORSHIP BENEFITS:  For purposes of survivorship benefits. legitimate children shall include legally adopted and legitimated children. Habitual intoxication. Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma. If separated. has rendered at least 3 years of service and paid 36 monthly contributions with the 5.San Beda College of Law MEMORY AID 2. Notorious negligence 3. a member cannot enjoy the monthly income benefit for permanent disability and the old age retirement simultaneously. Unless the member has reached the minimum retirement age. IF HE WAS IN SERVICE AND HAS PAID A TOTAL OF AT LEAST 180 MONTHLY CONTRIBUTIONS. whose decision shall be final and binding 3. Member was in service at the time of his death b.

Jasmine Isip. IN 70 LABOR LAW 1. Appealable under Rule 43 and 45 Of the 1997 Rules of Civil Procedure. the benefits under this paragraph shall be paid to the legal heirs 6. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. CA. Kareen Faye Pioquinto . In the absence of secondary beneficiaries . LIFE INSURANCE BENEFITS All employees except members of the AFP and the PNP shall be compulsorily covered with life insurance.000 PROVIDED that the member is in service at the time of his death and has at least 3 years of service.] When only dependent children are the survivors. FUNERAL BENEFITS: It shall not be less than twelve thousand pesos (P12. 3.000. 7. they shall be entitled to the basic survivorship pension for as long as they are qualified.00) PROVIDED that it shall be increased to at least eighteen thousand pesos (P18. Adjudication of Claims and Disputes 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. When the survivors are the dependent spouse and the dependent children.000.00) after five years and shall be paid upon death. Cash payment equivalent to 100% of his average monthly compensation for each year of service he paid contributions. 2. the dependent spouse shall receive the basic survivorship pension for life or until he/she remarries. SURVIVORSHIP PENSION PLUS A CASH PAYMENT EQUIVALENT TO 100% OF HIS AVERAGE MONTHLY COMPENSATION FOR EVERY YEAR OF SERVICE HE PAID CONTRIBUTIONS BUT NOT LESS THAN P12. Jr. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.San Beda College of Law MEMORY AID death or has paid a total of at least 180 monthly contributions. THE SECONDARY BENEFICIARIES SHALL BE ENTITLED TO: 1. or SC and the appeal shall be without prejudice to the special civil action of certiorari when proper.   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. he/shall receive the basic survivorship pension for life or until he/she remarries. plus the dependent children’s pension. Emil Bien Ongkiko.   ORDER OF PAYMENT OF THE SURVIVORSHIP PENSION IN THE ABSENCE OF PRIMARY BENEFICIARIES. 000 PROVIDED That the deceased has rendered at least 3 years of service prior to his death but does not qualify under 1 and 2. 2. The appeal shall not stay the execution of the order or award unless ordered by the Boards. SURVIVORSHIP PENSION PLUS A CASH PAYMENT EQUIVALENT TO 100% OF HIS AVERAG`E MONTHLY COMPENSATION FOR EVRY YEAR OF SERVICE PROVIDED: The deceased was in the service at the time of his death with at least three years of service 3. but not less than P12. Elsa Villaflor(Labor Relations).  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 2. Ma. EDP’S: Jennifer Trinidad. and the dependent children shall receive the dependents pension. When the dependent spouse is the only survivor.

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