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LABOR LAW REVIEW Lecture/recitation notes Atty. Marlon Manuel Notes by Glenn T.

Tuazon RIGHT TO SELF-ORGANIZATION Who can join a union? o Anyone, whether for profit or not, and regardless of nature (commercial, industrial, charitable, educational, etc.) o Exceptions: managerial supervisory only by themselves What is a union? o On organization that exists in whole or in part for collective bargaining or for dealing with the employer concerning terms and conditions of employment How do you form a union? o Identify the bargaining unit o Register the union 20% of members of bargaining unit Constitution and by-laws If you do not have 20% of the membership of the bargaining unit, you cannot organize. T or F? o False. You can still have a union, although not a legitimate labor organization. o You can still receive a charter from a federal union you do not need to meet the 20% requirement to become a chartered local. o What is the significance of removing the 20% requirement for chartered locals? Consistent with policy that makes it easier to selforganize. o But why is an independent union still required to have the 20%? Why only make it easier for chartered locals?

You privilege chartered locals. You want unions that are attached to parent federations, which already have systems and support in place. What is a federation? o An umbrella organization a group of local unions forming the national level (there are industry unions, ex. Banking unions; while there are national federation from different industries) An independent union is not part of a federation. T or F? o False. An independent union can join a federation, after independently organizing itself. A chartered local is not an affiliate. T or F? o True, because it has to be created by the federation. See below for the types of affiliates. Can a chartered local register as an independent union while within the federation? o Yes. It becomes an affiliate. o There are two types of affiliates: 1. Independent first, then joined federation. 2. Part of federation, then became independent but did not leave the union. What can a federation do versus other types? o ONLY a federation can create another labor organization. o An independent union cannot create another union. A chartered local cannot, as well. o N.B. A Trade union is not a legitimate labor organization. Whats the difference between procedure for acquisition of legal personality of an independent union and a chartered local? o Independent union: Obtain a certificate of registration What do you have to submit? 1. P50 fee 2. Names of officers, addresses, LO address, minutes of organizational meetings, list of workers who participated in those meetings 3. Names of members comprising at least 20% of bargaining unit

4. If existing for at least one year, annual financial reports 5. Four copies of constitution and by-laws, minutes of adoption/ratification, members who participated in it

Chartered local: Issuance of charter certificate has limited legal personality (to apply for certification election) Do you need submission, or does legal personality vest upon issuance of the certificate? Just upon the moment of issuance of charter certificate. No need for submission or filing. Why is the personality limited? Personality is only to apply for certification election. What documents must be submitted? 1. Chapters officers, addresses, principal office of the chapter 2. Constitution, by-laws Upon submission, what happens? You obtain all rights and privileges of a legitimate labor organization. Whats the reason behind the difference in requirements? o Note that you need to wait for the certificate for independent union; while for a chartered local, you just need to submit. (IMPT!) o Because you are not encountering an entirely new organization; the chartered local is merely the creature of an existing union. How do you illustrate limited legal personality of a chartered local? o They do not possess all the rights of legitimate labor organizations (which a chartered local becomes after submission of documents): Ex. Cannot conduct a strike All chartered locals, upon filing for petition for certification election have limited legal personality. T or F?

False. Limited legal personality is an option that can be exercised by a chartered local. Meaning, you can either acquire full legal personality first before filing for certification election (by submitting the documents: a) list of officers, b) constitution and by-laws); or you can do it the normal way and obtain limited legal personality first. In the amendment introduced by RA 9481, R&F and supervisors can be part of the same union. T or F? o False. Only same federation, not same union. o RA 9481 removed the prohibition against the joining together of supervisory and R&F unions in a federation. It overturned Atlas. This is not in Art. 245, but merely a jurisprudential prohibition. So they can now mix in the same federation. N.B. De La Salle qualified the Atlas doctrine by providing qualifications (direct professional relationship between supervisors and R&F, etc.). So when Atlas was killed, the De La Salle qualifications also died. Did RA 9481 allow comingling between R&F and supervisors? o Yes. Allow within the same federation, without the qualifications set in law before. o But no comingling within union or chartered local, because this is prohibited by the Labor Code. o What is the effect of this comingling? Those not supposed to be part of the union are deemed to be not included or part of the union. BUT it is not a ground for cancellation of the registration of the union. The Labor Code only provides three grounds for cancellation of a unions registration comingling is not one of these. N.B. Art 245 speaks of eligibility of employees to become union members. Even before RA 9481, the SC clarified that because the LC speaks of eligibility of employees and not legitimacy of unions. So it should not adversely impact the union, just the employees. o What are these three grounds? 1. Misrepresentation, false statement, or fraud in adoption/ratification of constitution or by-laws or

amendments to such; minutes of ratification, or list of members taking part in the ratification 2. Misrepresentation, false statement, or fraud in election of officers, minutes of election, and list of voters 3. Voluntary cancellation 2/3 of general membership In a meeting duly called for that purpose Submitted by labor organizations board, attested by president of org Can an opposition be filed by another union or party, alleging any of the grounds for cancellation against another union during the filing for certification election? o No. You cannot attack the validity of an organization collaterally in a procedure for certification election. You have to directly attack it. o Is this an absolute rule? No. Wait for this in the part on certification elections.

How long does the BLR have to act on an application for registration? o 10 days. o Upon receipt of denial of registration, how long and to whom must appeal be made? Within 10 days of receipt of notice of denial of registration by the regional director, to the BLR director, and then to the CA o What if it is a federation that is registering? Since it operates in more than one region, it receives its denial from the BLR director, so it appeals to the DOLE secretary, and then to the CA. What are the additional requirements for registration of federations/national unions? o Proof of affiliation of at least 10 locals/chapters, which must all be EBRs there o Names and addresses of the companies where the locals/chapters operate, and list of members

Extra questions What is a trade union? o It is the third level. It is a group of federations. This is why is it not a legitimate labor organization. Its just a grouping of different federations. If a chartered local disaffiliates, does it lose its legal personality? o Yes. Because its existence is dependent on the federation. The legal personality is tacked on the point of creation, which is the federation issuing a charter certificate. (Consistent with policy of RA 9481 on encouraging membership in federations) What if a petition for cancellation is filed against the federation and the federations personality is indeed cancelled? o It also erases the legal personality of all the chartered locals. o OLD EXCEPTION (does not apply anymore this is missing in the new DO): if there is an existing CBA and the chartered local is the administrator of the CBA, the chartered local will not exist only until after the CBA expires.

BARGAINING AGENT AND CERTIFICATION ELECTION How do you start a certification election? o For an organized establishment, where there is an incumbent EBR File verified petition questioning majority status of incumbent with the DOLE, within 60 day freedom period before the expiration of the CBA Must be supported by signatures of 25% of the employees in the bargaining unit o For unorganized establishment No 25% signature requirement When can a certification election be held? o Unorganized establishment anytime, except within 12 months of previous CE o Organized only within 60 day freedom period before the end th of the 5 year of the current CBA What are confidential employees?

Not asked in recitations, but important too:

Those who 1) assist or act in a confidential capacity, 2) to persons who formulate, determine, and effectuate management policies in labor relations o Both requisites must concur What is a bargaining unit? o Determined by the applicant bargaining agent. o A group of employees sharing mutual interests within a given employer unit. o Organized by either geographical grouping, specific occupational grouping, or by manner of payment At what point should you determine the bargaining unit? o Early stage of organization phase because even the name of the LO matters to determine the BU o Petition for certification elections (PCE) only those part of the BU will vote o CBA negotiations only those covered by the BU benefit from the provisions of the CBA, even those not members of the union What is a preliminary conference? How do you appeal from the decision of the med-arbiter? o Appeal to the DOLE secretary o Then to the CA, under rule 65 o Then to the SC, under rule 45 What is a forced intervenor? o In a petition for certification election, where an LLO is contesting the incumbent, the incumbent becomes a forced intervenor to the elections. What is voluntary recognition? o In an enterprise being unionized for the first time, and where there is only one LLO, the employer may voluntarily recognize the EBR status of that LLO.

Before DO 40, it is an internal contest which will not have the effect of choosing an EBR. If there is no DOLE supervision, o Valid election o But will not gave effect of a CE o Unofficial election (thus, not a bar to CE) Consent election dispenses with the need for an order from the MedArbiter Med-Arbiter will just note the fact in the minutes that the contending unions agreed to hold the consent elections. Pre-election proceedings o Includes matters such as exclusion and inclusion of voters Ex. when there is no employer-employee relationship; when he is not a member of the bargaining unit o How do you do undergo inclusion/exclusion? Report to Med-Arbiter, who will note it in the minutes. Undergo with normal conduct of elections. But actual exclusion/inclusion only happens after the elections. But what if they agree? Can there be removal during pre-election? Yes. Normally, whats the status of the challenged names? They can vote. But the Med-Arbiter decides after certification election. But how can you exclude them? o You segregate their votes, in separate envelopes, because their votes are otherwise anonymous. Election proceedings o If there are 500 voters, how many must vote for there to be valid elections? At least 251. o What if there is a failure of election? This happens when there is 50% or less valid votes from the voters in the bargaining unit. You DONT have to file another petition. You can just request through a motion to repeat the conduct of a certification election.

Consent Election What is a consent election? o One where the contending unions voluntarily agree upon elections, with or without the intervention of the DOLE o The result binds the parties Will have the same effect as the conduct of a certification election if done under the supervision of DOLE (selecting an EBR)

What are you voting on? Either you vote for a union (Union A or Union B), or vote for no union. If there is just one union, its yes or no in favor o f Union X. o How do you determine the winner? Get the majority of those who actually voted with valid votes. What do you mean valid votes? Those which are not spoiled ballots. For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 150 o Union B 200 o No Union 40 o Spoiled 10 o Is there a winning Union? Yes. Union B got majority of 390 votes (at least 196 votes). For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 150 o Union B 150 o No Union 90 o Spoiled 10 o Is there a winning Union? No. There will be a run-off election. o What is your basis for determining whether there should be a union, even if there is no majority? At least 50% of ALL votes, including spoiled ballots, voted for unions, For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 90 o Union B 100 o No Union 200 o Spoiled 10 o Is there a winner? Yes. No Union won. For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 100 o Union B 100

No Union 190 Spoiled 10 Is there a winner? No, no choice got the magic number of 196. o Will there be a run-off? Yes, because the two unions got 50% of ALL the votes (200 out of 400). (You count the spoiled ballots in the total, but you dont care about what their contents are [Gs question]) o What happens? No union choice will be removed. o N.B. In this situation, even if no union got most of the votes, ONLY unions can participate in run off elections. For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 100 o Union B 95 o No Union 195 o Spoiled 10 o Is there a winner? No. Nobody got a majority. o Is there a run-off election? No, because the two unions did not get at least 50% of ALL the votes (200 out of 400). o Is there a valid election? Yes. o What is the effect of this particular certification election? The one-year bar applies. The certification election has ended. It is as if no union won. NOTE: Different base figures based on example: o 500 (for total amount of voters need 251 for valid elections) o 390 (for majority need 196 which is 50%+1) o 400 (whether there will be a run-off elections just 50%, not 50%+1) For instance, of the 500 voters, 400 voted. 390 are valid votes. o Union A 150 o Union B 95 o No Union 195 o CHALLENGED (not spoiled) 10 o what happens here? o o o

You put Challenged persons X in one envelope and put his/her name. You put Challenged persons Y in another SEPARATE envelope and put the name. o Do you open the segregated envelopes immediately after elections? Only if it will materially affect the result of the elections. o In this case, does it apply? Yes, because there is no winner and any of those challenged votes could lead to a winner. Also, if none of the 10 votes is for no union it can also help the two unions reach 200 votes to enable run-off elections. N.B. When they are qualified as valid votes, 196 will not be the majority number, because the base number will increase. o What is the reason why challenged ballots are treated this way? So you dont unduly expose their votes to scrutiny if there is no need to do so. Aside from the one-year bar from certification election, is there any other bar for certification election? o 1. Certification election bar <this> - one year bar o 2. Contract bar Wait for the 60-day freedom period before the 5 year period expires o 3. Deadlock bar No CE may be held if there is a pending bargaining deadlock which has been submitted to conciliation or arbitration, or has become the subject of a valid notice of strike or lockout o 4. Negotiation bar st Once negotiations are started within the 1 year, even if there is no CBA at the end of the 1-year period, it bars a subsequent CE There is no incumbent EBR. So there was a certification election (or consent election).

From the CE, you have 1 year bar. This protects the union that won the CE, through a one-year protection to give it a chance to negotiate with the employer as regards a CBA. o After 1 year, the ideal situation is that there is CBA. This extends the 1 year period to a 5-year period. There is a short window period (60 day freedom period before the expiration of the 5 year term of the CBA) o N.B. (very important) If you dont have a CBA and you are nearing the end of the first year, in the past, you need a deadlock to bar subsequent CE. NOW, there is no more need for a CBA or a deadlock, because as long as you have started negotiations and you have sustained negotiations beyond the first year, you are still protected. What are the two kinds of consent elections? o If Union A and B decide to have elections without participation of DOLE, it has no effect of a valid CE. It only determines the majority. o But if Union A and B agree to have elections, but involve the Med-Arbiter and the DOLE, then it has effect of valid CE.

COLLECTIVE BARGAINING What is collective bargaining? o Agreement between employer and employee as to terms of employment (benefits, conditions of work), and dispute settlement (ex. grievance machinery). How do you start collective bargaining? o Submission of the EBR to the employer of notice to collectively bargain, along with proposal o Then the employer will submit a counterproposal within 10 days What next? o They will negotiate (do not proceed to the NCMB immediately, contrary to what the provision of law suggests!). You can meet several times, over a period, until you have discussed each provision.

If you have exhausted all efforts, you will reach a point where there can be no agreement or movement in the positions of the parties as to particular provisions. What if the employer refuses to respond to the EBRs proposal? o There is Unfair Labor Practice violation of the duty to bargain collectively. o It can be submitted to the Labor Arbiter. o The penalty for management for refusing to bargain the proposal becomes the new CBA What if you refuse to go to the labor arbiter? o You can use it as a ground to file a notice of strike. o You cannot do both. These two remedies are mutually exclusive. What is the term of the CBA? o It can be fixed by the parties. It can be 20 years, whatever, but subject to the five-year period. o What happens after five years? There is a freedom period (60-days before the end of the five years) to possibly hold another CE. o What happens before the end of the third year? N.B. Use the term underlined to be precise. You can renegotiate the economic provisions of the CBA. How do you do the renegotiation? The terms of the CBA will be reexamined. Who will start it? o The union. You will not expect the employer to start it. o The union submits a proposal for modification. The same principle/penalty for management refusing to bargain will apply the proposal becomes the new CBA if management refuses to respond. What if the union does not submit a proposal? o Then the existing CBA will persist. o Can the parties renegotiate on the first year? The second year?

Yes, but only if the parties both agree. But on the third year, the law mandates bargaining. This is valid: o There is a CBA that covers five years, giving wage increases for the first, second, and third years, leaving the fourth and fifth years open. o Or it can provide for wage increases in years four and five, but subject to renegotiation. What is the period before the expiration of the CBA? o The 60 day period is for either party to notify to the other that it seeks to terminate or modify the current CBA. A CBA expires after five years. You commence negotiations for a new CBA. (Alternatively, renegotiations, if the CBA is not yet expiring, but after 3 years.) What is the relevance of the six month period? o Agreement between the parties on the new CBA will retroact to the beginning of the first date after expiration, if they agree within 6 months from expiration. Here, the law mandates retroactivity. o If they agree after six months post expiration of the CBA, the parties will determine when the CBA is deemed to have commenced. There can still be retroactivity, but optional. Does the six month period apply to mid-term renegotiation period? o No. The six month period only applies to a new CBA. The provision only speaks of expiration so it must involve a new CBA. If there is no agreement on retroactivity, what must the Secretary of Labor do after he assumes jurisdiction? o There is an SC case that says the CBA must retroact to the first after the end of the six month period. BUT there is no basis for this. This seems like an invention of the SC. In case you have a situation when there is a new CBA entered into after the six month period and there is no retroactivity. So there is a gap (ex. 10 months). What happens? o There is a hold-over principle where the first CBA will be deemed to exist in the meantime. o What if there is a four month interim instead?

In the interim, the first CBA will hold-over for the meantime. But since there is an agreement within six months, the new CBA retroacts to replace the effects of the first CBA. (Ex. Back pay of wage differentials)

STRIKES How are strikes related to CBA? o One of the grounds for strike is a bargaining deadlock T/F You cannot strike before negotiation. o False, you can strike on ULP. T/F You cannot strike before certification election. o False. If there is no EBR, an LLO can strike on ULP and LLO. T/F You cannot strike before you register in the DOLE. o True. Because an LLO has to be registered with DOLE. T/F If you are not an independent union, hence a chartered union, you cannot strike without having registered with DOLE. o True. Because the charter certificate only gives your personality to file for certification. T/F If you are a chartered local, and you submitted all requirements, can you strike? o Yes. Upon submission, you have all the rights of an LLO. (No need to wait for approval) When can you strike? o There are only two. No other: o 1. ULP o 2. Deadlock in collective bargaining What is ULP? o Acts of the employer or the labor organization that violate the right to organize. o Youre not being paid OT pay. Is this ULP? No, not in itself. It must be done in order to discourage membership in a labor organization. TEST: It must be related to the exercise of an employees right to self-organize. o When does violation of duty to bargain amount to ULP? 1. Failure/refusal to meet or convene 2. Evading purposes of bargaining

3. Not observing GF in bargaining 4. Gross violations of the economic provisions of the CBA 1 Can the employer only commit ULP when there is a union? o No. [GT: I think, grounds B and F in 248] 2 Can ULP be committed only by the employer? o No. The labor organization can commit it too (249). Can there be a strike when there is no union? o No. There has to be a union. What if the temporary work stoppage becomes permanent? What is the definition of strike? o Temporary stoppage of work by concerted action arising from a labor dispute between employer and employee. o Requisites? 1. Temporary stoppage of work 2. Concerted action 3. From labor dispute between employer and employee o What does concerted action mean? Group of employees. At least two. o 10 employees can there be a valid strike?

ULP by employer: a) interfere with, coerce, restrain (ICR) in exercise of right to self-organization (RSO); b) require as condition for employment that person not join an LO or withdraw; c) contract out services/functions done by union members that will ICR with RSO; d) initiate, dominate, assist with formation of LO; e) discriminate in wages, etc. to discourage membership in LO; f) dismiss, discharge, prejudice against employee about to give testimony under Labor Code; g) violate duty to collectively bargain; h) pay negotiation or attorneys fees to union/officers as part of settlement; i) to violate CBA [but note, it has to be an economic provision and with malice] 2 ULP by labor organization: a) restrain/coerce employees in exercise of RSO; b) cause or attempt to cause an employer to discriminate against an employee as re: membership in LO; c) violate duty to collectively bargain; d) cause employer to pay fees or things of value for services not performed; e) ask or accept negotiation or attorneys fees f rom employer; f) violate duty to collectively bargain

As long as initiated by the labor union. If not initiated by a labor union, is it still a strike? Yes, but its not a valid strike. Is a violation of a CBA an ULP? o If it amounts to ULP (Economic provision + malice). o All other violations are just grievances its still an actionable wrong, but not ULP. You go to the grievance machinery. o If you strike on the basis of a grievance, what happens? It is not a valid strike. N.B. The distinction between gross and simple violations only applies to violations of the CBA. Do not get confused. T/F If there is no dispute with the employer, there can be no strike. o True. o Is a welga ng bayan a strike? No. There is no employer-employee dispute. It is a mere sympathy strike. Its a mass action that could lead to possible dismissal. o Is it proper to call it an illegal strike? No. Because its not a strike in the first place, so you dont even go into the inquiry whether its a legal or illegal strike. If its not an egg, do not call it a rotten egg. Its not an egg. The SC is guilty of doing this a lot. Although jurisprudence calls it a strike. Be careful. But in the Bar exam, follow this classification. The SC has upheld certain actions by employees, ex. wearing armbands, having placards as valid expressions. But after the Dusit case, it seems unclear if these will already be considered as work stoppage or mass action. (NUWHRAIN Dusit Hotel Nikko Chapter v. CA, November 11, 2008) There was a case where the employees did not apply for a permit to strike, but just applied for a mayors permit to hold a rally, on the theory that it is not a strike, but a mass action. o But the SC held that it is a strike because there is work stoppage; because they applied for work leaves, and there is a dispute existing. Is a prayer rally a strike? o

No, as long as it does not disrupt the work of those in duty. A hot tip is to include as well non-members of the union. And it is no question, valid, if done after work hours. If done during work hours, do not disrupt. T/F If there is no actual ground for a strike, there is no legal strike. o False. You can have a good faith strike, when the union in good faith believed there is a ground to strike, even if it is found not to have actually existed. o There must be actions done by the employer that would justify the belief that there was ULP committed. What do you do? o 1. File notice to strike stating that you intend to hold a strike on the stated ground to the Regional Office of the DOLE *TAKE NOTE of the cooling off period below What if you dont have an intended date? Its not required in the IRR. So in this case, how do you peg 15 and 30 days? o [no answer] o 2. Inform the NCMB (DOLE) at least 24 hours before the strike vote This is the second notice. The purpose is to inform the NCMB and give it a chance to supervise the strike vote, and give it ample time to deploy personnel When do you file this? Anytime after notice to strike. Should the union wait for a DOLE representative? No, because it is not mandatory. o 3. Hold strike vote It has to be done after filing notice of strike. There is no specific period. Majority vote of whom? Union members only This is different from the eligible voters in a certification election Third notice: notice of result of strike vote o 4. 7 day strike ban

Count this 7-day ban from the time you submitted the strike-vote results Can it be counted within the cooling off period? It can be wholly within, partly within, or entirely outside the cooling off period. Just use the submission of the results of the strike-vote as the starting point. What is the purpose of this? Allow DOLE to confirm the results of the vote, and allow any party to contest the results. Can they wait several weeks after to conduct the actual strike? Yes. What is the cooling off period? o At least 30 days before intended date of strike for CBA deadlock o At least 15 days for ULP Exception: No cooling-off period for union-busting, such as dismissal of union officers who are dulyelected officers (take note of the duty elected part) Does termination of an appointed officer fall within this exception? No. o What is the reason for 30 and 15 days? To give the parties chance to cool-off, in order to reconcile. What if the strike ban is over but the cooling off period is not? o You cannot strike yet. Wait for the cooling off period to end. What if the cooling off period is done, but the strike ban is not? o Same. Wait for the strike ban to end. How many notices all-in-all do you need for a valid strike? o Three notice of strike, notice of conduct of strike vote, notice of strike vote results [Class question] What if the employer commits ULP against the minority union but the EBR doesnt strike on behalf of the minority union. Can the minority strike?

Sir. MM Yes they should be able to, based on ULP. Especially when the EBR is in cahoots with the employer. o Jurisprudence No, they cannot. Can there be an illegal strike vote? o No such thing; there is no requirement that should be complied with. o But what if there is absence of notice of strike vote? There is defect in notice, but the strike vote itself is not illegal. After complying with all the four steps, what else do you have to comply with? o Cannot perform acts that would render a strike illegal. o Ex. violence What are the prohibited acts of employer? o Employing strike breakers o Etc. Should the employer wait for a case to be filed in order to fire an employee who committed an illegal act? Should the employer wait for a determination that the strike is illegal? o No. The act is illegal, independent of whether the strike is illegal or not. So the employer just has to follow the regular procedure of terminating an employee, independent of any holding in a case. Recent case: statements or charges made by strikers against management or company were considered illegal activities that would convert an otherwise valid strike into an illegal strike. o Ex. Libelous, statements against products or services o Although general rule is that a strike is a conflict situation, so the language used is expected to be strong. So when does a strike change from valid to illegal due to the acts of the strikers? o It is a factual question. It is case-to-case basis. o A single or isolated act of violence does not convert. Only if the violence is pervasive. What is assumption of jurisdiction? o The Secretary will decide the conflict him or herself. o Without the assumption order, the dispute will not be decided by government. Patagalan at patigasan. The parties have to decide the conflict themselves. o

Distinguish from court jurisdiction over a case. o In assumption, the parties do not initiate it; the Secretary steps in. o Is it still an assumption even if a petition is filed? Yes. o What happens in an assumption order? Enjoin pending strike or ongoing strike. Workers have to return to work or cannot pursue the strike. How different is assumption from certification order? o Assumption: Secretary will decide the case. Certification: refers the matter to the NLRC. The NLRC will decide the case. o Both are interventions of government that convert the issue into a case to be decided upon by the Secretary or NLRC respectively. What are the implications/effects of assumption order? o Immediately return to work. o Secretary of Labor issues a Return to Work Order in addition to the assumption order. o Can you have an assumption order with a return to work order? What if there is no return to work order? The return to work order is automatic with the assumption order. It is necessarily implied. Otherwise, its a free vacation for the laborers! Steel Corp. v. SMP o Go back to status quo ante. The employer must accept the employees under the same terms and conditions as before. To whom do you serve the assumption order? o To the union, and to the employer. o Serve to the president usually, as agent. What is the effect of declaration of illegality of a strike? What if the union officers did not participate in the strike and were reporting for work, but then the rest of the union were striking? o Union members will not be terminated, unless they performed illegal acts during the strike. o Union officers can be terminated. Even if they did not actually physically participate in the strike. o When can you terminate all strikers? When there is a Return to Work Order and they \refused to comply with it.

And this RWO only happens when there is an Assumption or Certification. So mass termination cannot happen in ordinary strikes there has to be defiance of RWO, which can only be issued in an Assumption or Certification Order. o Of course, if everyone committed illegal activities, everyone will be terminated not because of the strike per se, but because of individual actions, even if the strike per se is legal. When is there an award of backwages? o There is no reward of backwages, even if the strikers win. Can employers hire replacement workers? o Yes, employers can. In sum, what are the four grounds to make a strike valid o 1. Ground o 2. Procedure o 3. Conduct o 4. Compliance with return to work

EMPLOYER-EMPLOYEE RELATIONSHIP Why is it important to determine EER? o It determines the legal relationship between the parties, and their rights and obligations. How do you determine whether there is an EER? o Four-fold test 1. Selection and hiring 2. Payment of wages 3. Power to dismiss the employee 4. Control over how the employee performs his functions o How do you determine when there is control? Determine how the employee performs the functions, not just the end product There is no control under the EER if the employer just says the end product or goal o What about employees working outside the facilities, are they still under control of the employer?

They still can be under the control of the employer. Ex. taxi cab drivers. Distinguish giving details on the work, supervision on the manner of doing the work: o Instructions, no matter how detailed, may not actually indicate control. If the details pertain to the product itself, then you are not controlling the work. (Ex. you say that you want a barong that has gold buttons, long sleeves, made of a certain tela, etc.) o If the details pertain to the work itself, there is control. o N.B. So reporting about collections, or progress of the chair being construction these reports are really just about the end product, and do not indicate control. So even reports do not always indicate control. Should the power be exercised? o No, need not be. Just as long as its available. o How can you prove it if its not exercised? If there is a written agreement, you can point to certain provisions. o What if there is no written contract or any proof of the instructions given? Usually you can prove it by the fact that he is within the company premises. That his presence is permitted by the school, and he is given an ID, are strong indicators. Working in a place controlled by the employer is a good indicator. In the above examples, there are only two parties. But if there are multiple parties involved and there are multiple suspected employers, how do you determine who the employer is? o Control is the strongest factor. For instance, A hires, B fires, C pays, and D controls. D is the employer.

CONTRACTING ARRANGEMENT Whats a contracting arrangement? o There are three parties: the principal, the contractor, and the employee o There are two contracts between the principal and contractor, and the contractor and the employee

What is the relationship between the principal and the worker? o The principal is the indirect employer. o Principle why this is so: the work is always for the principal. It redounds to his benefit. N.B. This does not refer to all situations where there is a complicated process/production line, where ultimately, what is produced by employer goes to the principal. For instance, some outsourcing transactions are not contracting arrangements. Just take note of this. The principal has no liability to the employee if you have a legitimate contracting arrangement. T/F? o False. The principal is solidarily liable for failure to pay wages. What are the rights of the parties in a legitimate contracting arrangement? o The principal is the indirect employer. o Contractor is the direct employer. o Employee is, well, the employee. In an illegitimate contracting relationship? o Principal is the direct employer o Contractor is the agent of the principal o Employee is still the employee How different are the responsibilities of the principal is the two relationships? o Legitimate principal is solidarily responsible if the employercontractor cannot pay the wages due o Illegitimate principal is principally liable for the wages When is there solidary liability? o In EITHER contractual arrangement. o But in the illegitimate contractual arrangement, the solidary liability is not as important, because they are targeting the principal usually. But it is wrong to say that the contractor is not solidarily liable. It is solidarily liable; otherwise it will be in a better position than the legitimate contractor. But for all intents and purposes they just go to the principal anyway. What is the difference though? o In legitimate labor contracting, the principal is only liable if the contractor fails to pay wages.

NOTE: Under Art. 106, the principal is ONLY liable for failure to pay wages by the contractor for work performed, but the principal is NOT their employer for any other purpose. Nothing else. Not even backwages stemming from illegal termination. Note: Under Art. 109, solidary liability is established between principal and contractor. In 109, there is no difference between legitimate and illegitimate contractors, as to solidary liability. o In illegitimate labor contracting, the principal is employer even beyond this single circumstance. It is, for all intents and purposes, just like any other employer. It is liable not just for payment but for responsibilities of the employer. o If the illegitimate contractor already paid the wages, is the principal still liable? Not anymore, because the principal/employers agent has paid. What if there a violation of the Labor Code? o For legitimate contracting arrangement, the principal is generally not liable, unless it has participated or connived in the violation. Remember, the principal is just liable under one circumstance: payment of wages for work performed. Nothing else. o Take note of Rosewood case, which laid down that there must be finding of fault in the principal to hold it liable for violation of Labor Code. What is a legitimate contracting arrangement? o 1. The contractor has sufficient capital o 2. Employees do not perform work directly related to the business of the principal o 3. Contractor has control When does it become a labor-only contracting arrangement? Does it have to violate all three grounds or just one? o Do not be confused by the structure of the definition in Dept. Order 18-02. You go back to Art. 100. One disqualification out of three is the more reasonable interpretation. o For legitimate contractor you have to meet ALL requirements. o For illegitimate you miss just one, you are illegitimate.

N.B. In the old rules, there was a definition of an independent contractor. We only have the definition of a labor -only contractor.

When will you consider the principal the direct employer of the employee? o 1. Labor-only contracting arrangement 1. Principal actually controls the employees 2. Contractor does not have sufficient capital 3. Employees performs work directly related to the principals business o 2. Commission of a prohibited activity What are these prohibited activities? Those mentioned under DO 18 Examples? LO acting as a cabo See others in the list So a contracting arrangement may be legitimate, but if there is the commission of any of these prohibited activities, the principal becomes the direct employer. Do you need proof that the principal connived with the contractor in doing any of the prohibited activities? NO. Not under DO 18. So the principal has to ensure that the contractor is a good employer to its employees, otherwise you become liable as a principal. What is the rule regarding lack of registration? o It only creates a presumption that the contractor is a labor-only contractor.

CLASSES OF EMPLOYMENT Regular employees When is an employee regular?

When he performs tasks that are usually necessary, and desirable to the business. How does usually necessary, and desirable here compare to directly related in contracting arrangements? o Necessary and desirable here applies to class of employment, and directly related in contracting only relates to whether there is an employer-employee relationship. A worker who performs work usually necessary and desirable to the company becomes an employee of the company. T/F? o False. The conclusion is off-tangent. o You use the necessity and desirability test to determine what class of employee he is, and not whether or not he is an employee. o To determine employer-employee relationship, you apply the four-fold test. There is a company with security guard A, and security guard B. Can it be that A is a regular employee, and B is not because he was hired by a contractor? o Yes, this is legally possible. o But isnt the nature of the work of the employee the determinant? Yes. But you determine the nature of his work in relation to the contractor. How do you determine if a particular work is usually necessary and desirable, hence leading to regular employment? o Look at the nature of the business of the employer

Probationary employees All regular employees would have to start as probationary employees? o False. There is only probationary employment when there is an agreement for probationary employment. o But for probationary employees, after the lapse of the period, he/she becomes a regular employee. What should the agreement contain? o 1. Apprise employee of the nature of employment o 2. Inform employee of standards to be met to become regular How long should the probationary period be?

Six months. It cannot go beyond the six month period. It is non-extendible. What will make the probationary employment invalid? o If the employer did not give reasonable standards for the employee to meet within that period. o The standards have to be given at the start of the employment. o What is the legal effect of this? The employee becomes regular. Before you reach the end of the probationary period, can you still terminate the employee on the grounds for which a regular employee may be terminated? o Yes. When will the employee become regular? o Evaluate within the period. o If there is no evaluation and he is hired beyond the period, then he becomes a regular employee. You start a probationary work agreement, and the six month period ended. The employee continues working. There is no evaluation yet. What is the legal implication? o He becomes a regular employee. o At what point? As soon as you go beyond the six month period. How do you count six months? o There are conflicting decisions, but Atty. MM prefers the same day from the sixth month from when you started employment (Jan. 3 July 3) o Although there is another case that says 180 days. Can a person who has been promoted be probationary again? o No. Only probationary as to the position, but you can never be probationary as to employment in general again.

Seasonal employees When will seasonal employees become regular? o After repeated rehiring. What if after harvesting season, they still work you the employer but doing other seasonal tasks (ex. harvesting then the next season, drying)? o They become regular.

If you are employed throughout the year, doing different tasks, although all are seasonal, you are regular.

Project employees What are project employees? o They are hired for a specific undertaking or project. o His employment ends after the project ends. o They cannot be terminated without just cause before the project ends. If there is a construction project ongoing, can we assume the construction workers are project employees? o No, it doesnt follow. What is an example of a project within a company that is different from its main line of business? o Mango Orchard owner hiring workers to build a water pipeline for irrigation. When can project employees become regular employees? o Working beyond the project o Repeated rehiring, for the same task or tasks that are necessary for the business o Is a second project a repeated rehiring? No, its the first rehiring. A third project will be the first instance of repeated rehiring. Is the date material? o Not always, because it can also be another determinant, such as the completion of the project, even if the date is not determinable. o What if there is no such given standard? Considered a regular employee. Is a long gap between projects material to determine whether you can be converted to a regular employee? o No, lapse of time is immaterial. As long as there is repeated rehiring.

One doing work not usually necessary or desirable to the employer. When do they become regular employees? o After one year, continuous or broken. o When does one year period vest? NOT your one year anniversary. It must be cumulative period of service of one year. o

Fixed term employment What are the requisites? o 1. They should have agreed upon a time frame for when work must be done How is this different from project? Fixed term is time bound, project is task bound. Fixed term does not care if the project or job is done. o 2. The agreement was voluntarily entered into by parties Consider level of parity o 3. Employment scheme is not designed to circumvent the law/Labor Code If all the employees are fixed-term, it is proof of illegality, because the employer is seemingly circumventing the law. Is there a conversion? o If you work beyond this period, you become regular. o Remember the general rule: you are regular if you are not covered by a special agreement. If you are hired but not placed under a special category, you are regular.

SECURITY OF TENURE Does security of tenure apply to project employees? o Yes, for the duration of the project o What about seasonal employees? Yes, for the duration of the season What about fixed term employment? o For the duration of the term Does it apply to probationary employees?

Casual employee Who is a casual employee?

Yes, because they can only be terminated if they do not meet the standard, or for just and authorized causes What about casual employees? o Since their work is not usually necessary, they do not enjoy security of tenure For what can you be terminated? o For just and authorized causes o What is the difference? Just causes are due to the employees actions Authorized causes are due to independent reasons (like business reasons) What are just causes? o 1a. Gross misconduct What is gross misconduct? It must be serious in nature Give an example? Employee attacks another employee Causing serious disruption in the workplace during business hours What if it happens outside company premises? It can be (examine the circumstances) Must it be habitual? No need. o 1b. Willful disobedience A single act can fall under both willful disobedience and neglect of duties (ex. failure to deposit money that employee needs to deposit) Willful disobedience a single act is enough There is willful intent to not follow authority. It is a defiance of authority. What is the more accurate term for willful disobedience? Insubordination. Thats why it is called willful. Must the disobedience be gross?

No, as long as its willful. Look not at the effect, but at the act of disobedience. (ex. it doesnt matter how much is involved) Must it be habitual? No. Even a single act of disobedience is enough. What is the difference between disobedience and neglect? Disobedience is an act contravening the employers orders Negligence is an omission, failure to exercise diligence 2. Gross and habitual neglect Give an example. The rule is to make a deposit of the collection everyday and the employee here did not make such deposits consistently There has to be habitualness here. It also has to be gross (so look at the effect). Obviously there are past infractions. What must be the nature of these past infractions? o Obviously the employee was not terminated for these causes (because they are not enough to terminate him, but the cumulativeness of such will) Must he have been punished for these? o No need. But its better for employer to penalize the employee for these past infractions because this is proof that there is habitualness involved, for evidentiary purposes. 3. Fraud or willful breach of trust To whom is this applicable? Only to those holding positions of trust

Ex. managerial employees or nonmanagerial but those holding funds (like cashiers) o 4. Commission of a crime or offense against the employer, his representative, or immediate family o 5. Analogous causes How do you terminate an employee for just cause? o There is a 2-notice requirement. What does the first notice contain? o First notice (1) apprises the employee of the ground for termination and that there is intent to terminate, and that (2) the employee is given opportunity to submit written explanation within a reasonable period. o What must be included? 1. Facts constituting the offense 2. The Offense charged 3. The possible termination o How much time is given to the employee? Reasonable time As long as the employee has enough time to get evidence and present his defenses. What happens after? o The employee presents his defenses and rebuts the allegations against him o There will be a meeting or conference, or at least the chance the present his evidence and rebut the employers allegations o Must there be a meeting or conference at all times? No. The law says ample opportunity to be heard must be given. There is no reference to face-to-face confrontation. But the rules require a meeting or conference. The SC said the law only requires ample opportunity to be heard, and this can be had even without face-toface meeting. o When must it be required? 1. When the employee requested for it in his explanation 2. When company policy requires it

3. There is an issue that requires face-to-face confrontation depending on the issue involved Ex. habitual tardiness is the issue no need for hearing or conference, because you just check the records (unless of court the employee requests for it)

After this? o If there is ground to terminate, what is needed SECOND notice o What are contents? 1. Circumstances are considered 2. There is sufficient ground to establish the offense o Is there a waiting period for termination? No, it is immediate. What are authorized causes? o 1. Redundancy o 2. Retrenchment o 3. Closure of business without business losses What is the redundancy? o Superfluity of the need to have that employee perform such duty o What is labor saving devices? Installation of automated means or the like that would render the employee superfluous o Who do you terminate? Use standards like seniority, efficiency, or nature of contract o Can redundancy be prompted by the contracting out of services? No. Because it cannot be due to the employers own acts or fault. It must be due to independent causes. o Do you need to have losses for redundancy? No. What is retrenchment? o Termination due to losses, reversals, economic downturns, etc. o What are the requirements? 1. Undertaken to prevent losses 2. Losses are actual and imminent

3. It is reasonably necessary and is likely to prevent expected losses 4. Losses are proven by sufficient and convincing evidence Evidence must not only be about the past but ALSO about the future, to prove that you would not be able to recover o Do you need actual losses to retrench? Even if you have not incurred actual losses, but losses are certain and imminent unless you retrench, you can do so. Not just a projection, but one supported by evidence. o It must be a last resort. o How do you choose whom to terminate? You need to have a set of reasonable criteria or standards as re: who can be terminated. Many retrenchment programs have been invalidated due to the company not having set criteria. What is closure? o When the business closes, obviously, the employees can be terminated o It must be done in good faith. As long as not done to just circumvent the law (fake closure just to hire new guys). What is the procedure for authorized causes? o 1. Give notice to the DOLE and employees at least 30 days before intended termination Is this the same notice as for just causes? No. What is the role of the DOLE? To determine if it is justified. Do you have to wait for DOLE determination? No. After 30 days you can terminate If you have 100 employees, how many notices are needed? 101 100 for employees, 1 for DOLE with the list of employees o 2. Give separation pay

For redundancy/labor saving devices 1 month salary for each year of service For retrenchment 1 month pay or monthly pay for each year of services whichever is higher What about retrenchment due to serious losses? o Yes. You ALWAYS pay separation pay for retrenchment. For closure due NOT due to serious losses 1 month salary for each year of service o When do you dispense with separation pay? For closure DUE TO serious losses. Although this is a controversial decision. What are the types of dismissal? o 1. Valid dismissal o 2. Illegal dismissal no valid ground o 3. Valid ground, but improper dismissal What is an ineffectual dismissal? o No longer applicable now. There is no such thing. If there is a valid dismissal, will the employee get anything? o Separation pay, if terminated for authorized causes o What if its for a just cause? You dont get anything, in general. o

Exception?

But you can get financial assistance if justice and equity require this. This is for those who are not morally depraved (perverse mental attitude). Ex. terminated for repeated absences or laziness. What are the consequences of illegal dismissal? o 1. Reinstatement to former position without loss of seniority rights Is this an absolute rule? No, this applies only if the position is still available. If the position is not anymore available, you get separation pay. (1 month for every year of service) Is separation pay only given if the position is no longer available?

You also give separation pay when there are strained relations between the ER and EE.

2. Backwages Represents wages he should have earned How is it computed? From actual termination until the case for illegal termination is finally resolved Employee is hired on year 1 and is fired year 5. The case was resolved after 7 years, which is year 12. His salary was P10,000. How do you count? o (P10,000 x 13 x 7) = P910,000 o You calculate it against 13 months because you factor in the thirteenth month What about separation pay? o 1 month for every year of service: P120,000 o He rendered service for 12 years, not 5, because he does not lose seniority rights during the 7 years when the case was pending. o If you are entitled to other benefits, you also calculate it against the 12 years, not 5. o (But if wages increased to P12,000 in the middle of the period and there is proof, it becomes P12,000 x 12 = P144,000) Will the P10,000 monthly salary remain constant regardless of increases in salary of other employees or other factors that would increase salary? o In practice, if you are a minimum wage worker during termination and the MW is adjusted, your salary will also be adjusted to reflect the increase. o If you are not a minimum wage worker, its diff icult because there is no basis to assume you will get an increase. In that case, your compensation is fixed at P10,000. But if there is proof that your salary would have increased had you stayed, then apply this (ex. there is a CBA that should have included the employee, increasing the salary). What is the difference in calculation for backwages and separation pay, if there is an intermediate increase? o Separation pay use the latest amount to multiply against years of service, blanketly

Backwages for the years with lower salary, use that; for the years with higher salary, use the higher amount (e.g. P10,000 x 2 years; P12,000 x 5 years, etc.) What are the consequences of dismissal where there is valid ground, but defective procedure? o No reinstatement. o What else do you get? Nominal damages. P50,000 authorized cause P30,000 just cause o Backwages? No o Separation pay? No, if just cause. Yes, if authorized cause but its not because of the defective procedure, but it will arise from the authorized cause itself (which requires separation pay). o Employees that are illegally dismissed (second category) can get damages. T/F? Yes, you can get moral damages. This, however, is not a standard of the package, you have to prove it, and the courts have discretion. o Are there actual damages in an illegal dismissal case? Before, the SC said full backwages is more exemplary than compensatory. But this is now inconsistent with the formula for dismissal with defective procedure. What is reinstatement pending appeal? o The L.A. will provide that there is reinstatement pending appeal upon finding in favor of the employee. Employer has two options: o 1. Actual reinstatement (without loss of seniority rights) o 2. Payroll reinstatement Reinstated in payroll but not required to report The Labor Arbiter decides that it was an illegal dismissal. It was appealed to the NLRC, and the NLRC said the dismissal was valid. What will happen to the reinstatement? o

The employer can have the employee stop reporting to work. It is not a new termination because the NLRC simply effected the original dismissal. There must be notice. o What if the CA reversed the NLRC? Does the employee go back? There is NO reinstatement pending appeal. Reinstatement pending appeal only applies to Labor Arbiter. Since you go up to the SC through rule 45, its an appeal (unlike 65 which is a SCA), so the CA decision is not executory. o The SC finally reversed the CA, and said the dismissal was valid. What happens to the salaries/wages received pending appeal? No, whether actual or payroll reinstatement. 1. If its actual reinstatement, no need to return the wages because he actually rendered service 2. If its payroll reinstatement, theres still no reimbursement because it was the employers choice that led to payroll reimbursement DIFFERENT SITUATION: What if the LA upheld the dismissal at first and the NLRC reversed? Is it reinstatement pending appeal? o No. It is a reversal of the Labor Arbiters case, but not a reinstatement pending appeal. There is reinstatement unless there is a TRO. o The employee can ask for a writ of execution from the NLRC that he be ordered back to work. There can be no payroll reinstatement because its not a reinstatement pending appeal. o What if the CA reversed, upholding the dismissal, and the SC upheld the dismissal too? The employee is not obliged to reimburse the salaries received in between LAs reversal of the NLRC and the CAs reversal of the LA. o What if the employer did not reinstate the employee between the LA and CA stages, even if there is a valid court order? Can the employee recover backwages? Yes. Because even if he is ultimately dismissed, he still should have been reinstated in this period.

This is a case where an employee who was validly dismissed can still recover backwages. o Can the NLRC issue a writ of execution after reversing the LA? Yes, because the nature of the decision of the NLRC attains finality after the MR fails. [Note that LA NLRC is appeal. Then it becomes final. The Rule 65 to the CA is an SCA, an is thus an original action. The appeal to SC is Rule 45 and is thus an appeal.] o But SHOULD the NLRC issue a writ of execution? The SC advises against it, because it might violate judicial courtesy. Relate this with the calculation of backwages and separation pay above (in the year 5, year 12 example): o If there was reinstatement pending appeal somewhere there, the backwages period will take out whatever period was covered by the reinstatement pending appeal (because the employee was paid during that period).

Dispute settlement What are the visitorial powers of the Labor Secretary? o Power of the Sec of Labor or authorized representative to visit/check the premises of the employer to check compliance with the law o Ocular inspection, interviews, can require to produce records/documents What kind of rule should be violated? o Ruling of Labor Arbiter or law on labor standards or other laws identified by Congress What can the Secretary do given those powers? o Secretary will give compliance orders for the employer to follow o Is this retroactive? (i.e. can the compliance order, say for backwages due to salary less than minimum wage, retroact to the past months) Yes. o What if the employer admits to the adverse findings?

Compliance order must be complied with and there can be writ of execution What if the employer contests? As a general rule the employer need not explain because its a simple compliance matter. As an exception, sometimes, the employer is given a chance to be heard In this case, a writ of execution cannot issue What is required for a contest? There must be a contest and he must raise issues that are supported by documentary proofs not considered during course of inspection. o What if there is danger to the life/safety of the employees? The Secretary of Labor can authorize closure or stoppage of work What if there is no danger to life or safety, can there be closure or stoppage? No. Why does 218(b) start with notwithstanding? o Because 129 and 217 seem to be contrary to 218, but this would have no effect What if the employer denies the employer-employee relationship? o Likewise, this is not a proper defense. There can still be exercise of powers by the Secretary of Labor. What is the power described in 129? o Recovery of wages, simply money claims, and other benefits. o Who has the right to exercise this power? Regional director of the DOLE o Whats the commonality with 128 and difference? The Regional director can exercise 128 powers (as a duly authorized officer) and 129 powers, by provision. o Differentiate this power from 128. Here, the employee files a claim against the employer. In 128, the Labor Secretary/officer acts motu propio.

What is covered by 129? o Money claims and benefits only. No reinstatement issues must be included. It must not exceed P5000. It must be the main action and not complicated by other actions, thus simple. Whats the significance of the amount? It determines who has jurisdiction. If its beyond 5000, it goes to the Labor Arbiter. o Is ULP covered? No. o What about non-payment of CBA benefits? No. Violation of CBA falls under Grievance Machinery. (Or ULP, if it is a gross violation of economic provision) o What if you have resigned and you still want to claim unpaid wages accrued during employment? You do not want reinstatement. Covered by 129. So why does 128 say notwithstanding 129? o See below. If the regional director receives a report from an employee, asking for help due to non-payment of wages and benefits, and he, as authorized, inspected the premises what power was exercised? o 128 applies. Even if it was prompted by a letter complaint, what were exercised were the visitorial and inspection powers. o Even the compliance order will be based not on the letter complaint, but on the findings. From the regional office, where do you go? And how much time? o If 128 go to Sec. of Labor o If 129 go to NLRC 5 days o N.B. For labor, its always ten days for exercise of appellate powers. These are the exceptions. T/F Will all ULPs go through the LA? o NO. Two options: (1) Notice of strike or (2) simple complaint for ULP with ULP o NO. Either VA or LA.

General period for appeals is 10 days to the NLRC from the LA. You cant file an MR in LA level. Appeal to NLRC: File a notice of appeal + memorandum of appeal (together) within 10 days. This is how it is different from ordinary appeal where the notice of appeal and the memorandum are separately filed. In NLRC, amount of bond is the based on the amount in the judgment appealed from, and not based on the amount you want to appeal. (judgment P500k, but youre only appealing the P200k the bond is based on the P500k. The rule is applied strictly. The Bond has to be filed together with the appeal and the memorandum, ALL within the 10 day period. Or else appeal will be dismissed. Even with petition for reduction of bond, you still have to file bond first in substance, and just attach your petition for reduction of bond together with your appeal. (BUT IN SECRETARY OF LABOR: NO JURISDICTION TO ACCEPT A REDUCED BOND.) MR allowed in NLRC. The next step is to file a special civil action under Rule 65 to the Court of Appeals, within 60 days. After CA, you can file an MR. Then you can file a Rule 45 appeal to the Supreme Court, within 15 days, together with the filing fees; you can file motion for extension for 30 days. Then MR. and MR. and MR.