Professional Documents
Culture Documents
COURSE OUTLINE
(Updated 30 November 2015)
Course description:
[Cases, recitations and lectures, 3 hours a week 3 units]
Study of the General Principles of the Labor Code, Book V of the Labor Code on Labor
Relations, governing areas on government machinery, labor organizations, unfair labor
practices, representation issue; collective bargaining and administration agreements,
grievance machinery and voluntary arbitration, lockouts, strikes and other concerted
activities; Book VI on Post-Employment, covering areas such as classes of employees,
termination of employment and retirement; Book VII on penal provisions of the Labor Code
and prescription of actions and claims. Additional for Bar exams: Jurisdiction, remedies,
actions and procedures in labor cases.
Methodology:
A combination of the Socratic method of recitation, case studies and a highly participatory
and interactive approach to practical situations and problems confronting labormanagement relationships within the company. The study of law, while inherently a
serious matter, can also be fun!
Course requirements:
Recitation (incl quizzes) and attendance: 15%
Three (3) Group projects for following topics: (25%)
First group project 5%
For management team and Indep contractor company structure and
employees contracts
For Majority and Minority unions Union Constitution and By-laws, Minutes etc.
Second group project: 10% Collective Bargaining Negotiations
Third group project: 10% Personnel Discipline
Midterm examinations (30%)
Final Examinations (30%)
Reference Materials:
Azucena, Cesario A., Jr. The Labor Code with Comments and Cases, Vol. II, National
Book Store, Inc., Manila, 1993 rev. ed.
Fernandez, Perfecto V. Labor Relations Law. Tala Publishing Corp., Quezon City 1980.
Abad, Antonio H. Jr. and Abad, Anna Maria D. Compendium on Labor Law. Rex Book
Store, 84 P. Florentino St., Quezon City. Fourth edition, 2011.
Foz, Vicente, editor. The Labor Code and its Implementing Rules and Regulations,
with Appendices and Abstracts, 2012 edition. Philippine Law Gazette, 28
Consult st., Fairview Park, Quezon City. (may be purchased at National Book
Store).
NOTE:
PLEASE DOWNLOAD DEPT OF LABOR ADVISORY NO. 1 SERIES
OF 2015 FOR THE RENUMBERING OF THE LABOR CODE.
A. INTRODUCTION
(Azucena Volume I, pp. 7-19; Fernandez, pp. 1 - 38)
1. Constitutional and statutory basis
1.1
1.2
1.2
1.3
1.4
2.6 Paradigm shift towards mutual cooperation - Consti, Art XIII, Sec. 3
Toyota Motor Phils. Workers vs. NLRC, 537 SCRA 171
B. EMPLOYER-EMPLOYEE RELATIONSHIP
(Azucena Volume I, pp. 16-27; Fernandez, pp. 61-97)
1. Employer defined: Art. 212 (e), LC (Now Art. 219 [e], LC)
DOLE Dept. Order 40 [2003], R1 S1 (s)
2. Employee defined: Art. 212 (f), LC (Now Art. 219 [f], LC)
DOLE Dept. Order 40 [2003], R1 S1 (r)
3. Employer relationship as matrix
3.1 Concept of employer-employee relationship
3.2 Tests to determine the existence of employer-employee relationship
(Memory aid: South West Disaster Control)
a.
b.
c.
d.
Cases:
4.2
Independent
contractor/ Job-contracting vs. Labor-only
contracting (Art. 106, LC; Dept. Order No. 18-02 [21 February 2002];
Department Order No. 18-A, series of 2011)
Marites R. Cusap vs. Adidas Philippines, Inc., et al. G.R. No. 201494, 29
July 2015
Petron Corporation vs. Armz Caberte, G.R. No. 182255, 15 June 2015
Fonterra Brands Phils., Inc. vs. Leonardo Largado, et al., G.R. No.
205300, 18 March 2015
Alilin vs. Petron, G.R. No. 177592, 09 June 2014.
HOWEVER, PRELIMINARY PRESUMPTION IS THAT CONTRACTOR IS
LABOR-ONLY CONTRACTING. -- Garden of Memories Park and Life Plan vs.
NLRC 2nd Division, G.R. No. 160278, 08 Feb 2012, 665 SCRA 293, J. Mendoza,
citing 7K Corporation vs. NLRC, GR 148490, 22 Nov 2006, 507 SCRA 509, 523
THE PRINCIPAL HAS THE BURDEN OF PROOF TO SHOW THAT THE
PERSON CONCERNED IS AN INDEPENDENT CONTRACTOR RATHER
THAN A REGULAR EMPLOYEE. -- Fuji Television Network, Inc. vs. Arlene
4.5
5.
C. MANAGEMENT PREROGATIVES
(Azucena Vol. I, pp. 19-22; Fernandez, pp. 99-104)
MEMORIZE ELEMENTS: Valid exercise of management prerogatives
The free will of the management to conduct its own affairs to achieve its purpose
cannot be denied, PROVIDED THAT THE SAME IS EXERCISED:
IN GOOD FAITH (BONA-FIDE IN CHARACTER),
FOR THE ADVANCEMENT OF THE EMPLOYERS INTEREST; AND
1. Generally:
San Miguel Brewery Sales vs. Ople, 170 SCRA 25
2. Examples of the exercise of management prerogatives
2.1
Transfer of employees
Pharmacia and UPJOHN, Inc. (now Pfizer Philippines, Inc.) vs. Albayda,
Jr., G.R. No. 172724, 23 August 2010
Prince Transport vs. Garcia, G.R. No. 167291, 12 January 2011.
May employee refuse transfer by raising said transfer as a
grievance?
Manila Pavillion vs. Henry Delada, G.R. No. 189947, 25 January 2012
2.6
2.7
3.2 Probationary employees, Art. 282 LC [now Art. 297, LC], Policy
Insts No. 11;Dept. Order No. 10, Article V amending Sec. 6, Rule 1,
Book VI of Implementing Rules
Biboso vs. Victorias Milling, 76 SCRA 250
Mariwasa vs. Leogario, 169 SCRA 465
Intl. Catholic Migration vs. NLRC, 169 SCRA 606
Extended probationary period; when allowed.
Ver Buiser vs. GTE Directories, 131 SCRA 151
University of the East, Dean Eleanor Javier et. al vs. Analiza Pepanio and
Mariti D. Bueno, G.R. No. 193891, 23 January 2013
Training plus probationary period equals double probation:
Holiday Inn Manila vs. NLRC, 226 SCRA 417 [1993]
No need to inform probationary employee that he has to comply with
all company rules and regulations
Phil. Daily Inquirer vs. Magtibay, GR 164532, 24 July 2007
3.4 Project employees, Art. 280 LC [now Art. 295, LC], Policy Instructions
No. 20; DOLE Dept Order No. 19, series of 1993, Section 2.2 [e] and
[f]
Ma. Charito C. Gadia, et al. vs. Sykes Asia, Inc. et al., G.R. No. 209499, 28
January 2015
Omni Hauling Services, Inc. vs. Bernardo Bon, G.R. No. 199388, 03
September 2014.
Cocomangas Hotel Beach Resort vs. Visca, 567 SCRA 269 [2008]
D.
RIGHT TO SELF-ORGANIZATION
Department Order No. 9. [21 June 1997], and
Department Order No. 40, [17 February 2003], Rule II
Republic Act No. 9481 (25 May 2007)
1. Principles of distributive and social justice found in the constitution;
rights of workers
ART II (State Policies), Sec. 9
ART. III, Secs. 1 and 8;
ART. XII (National Economy and Patrimony), Secs. 1, 6 and 12.
ART XIII (Social Justice & Human Rights; Labor), Secs. 1 & 3
Article 3, Labor Code: Declaration of Policy
2. Who cannot unionize for purposes of collective bargaining
(Azucena, pp. 140-149)
2.1 Government employees [ supra., Part B, sec. 5.2 (a) ]
2.2 Employees of government-owned and controlled corporations
with original charters
2.3 Members of a cooperative
Benguet Electric Cooperative vs. Caleja, 180 SCRA 740
BUT: Republic of the Philippines represented by SSS vs. AsiaPro Cooperative,
G.R. No. 172101, 23 Nov 2007
2.4 Managerial employees, Art. 245 cf. Art. 212 [m], Labor Code
[now Art. 255 cf. Art 219 [m], Labor Code]
Dept. Order No. 9, Rule II, Sec. 2; Dept Order 40, R1 S1(hh)
Higher standards required of managers:
Sim vs. NLRC, 534 SCRA 515 [2007]
2.5 Confidential employees: Doctrine of necessary implication
Philips Industrial Development vs. NLRC, 210 SCRA 339
Golden Farms vs. Sec. of Labor, 234 SCRA 517
E. LABOR ORGANIZATION
Azucena, pp. 95-105; Fernandez, 213-278
DOLE Department Order No. 9. [21 June 1997], and
Department Order No. 40, [17 February 2003], Rule III
Republic Act No. 9481 (25 May 2007)
1. Definitions
1.1 Labor organization - Art. 212 (g) [now Art. 219 (g), LC
Dept. Order No. 9, RI, S(h); DO 40, R1, S1 (cc)
1.2 Legitimate labor organization Art. 212 (h) [now Art. 219 (g), LC
DO 9, RI, S(i); DO 40, R1, S1 (ee)
Effect: Art. 242, [now Art. 251] LC; Book 5, Rule 2, Sec. 10, IRR
1.3 Company union - Art. 212 (i)
1.4 Others: Legitimate Workers Association, DO40, R1 S1 (ff)
2. Rationale for unionization
3. Union registration and procedure (Department Order No. 9. [21 June
1997], and Department Order No. 40, [17 February 2003], Rule 3, Sections
1-11; Article 234 LC as amended by Rep. Act No. 9481)
3.1 Independent union, requirements for organization
Art. 234 (now Art. 240) LC; B5 R2 S2-4, IRR; DO 9, RIII, S(i); DO40 R3 S2
Republic Act No. 9481, Section 1, amending Art. 234, LC
3.2 Affiliation with federation or national union, requirements for orgn.
Art. 234 & 237 (now Arts. 240 and 244), LC; B5 R2 S2-4, IRR; DO 9, RIII, S(II);
DO40 R3 S2, S6-9; Art. 234-A (now Art 241), LC as inserted by Republic Act No.
9481
4. Rights and conditions of membership (Art. 241 [now Art. 250], LC)
4.1 Direct election and tenure of officers (Art. 241 {now Art.250} [c, f and k])
Cruz vs. Calleja, 188 SCRA 520
4.2 Payment of membership dues and other assessments
(Art. 241 {now Art.250} [g-j, n])
Palacol vs. Calleja, 182 SCRA 710
4.3 Attorneys fees
G. CERTIFICATION ELECTION
Azucena, pp. 244-265; Fernandez, 290-347
Department Order No. 9. [21 June 1997], and
Department Order No. 40, [17 February 2003], RVIII
Republic Act No. 9481 (25 May 2007)
1. Role of Employer during certification elections
Rep. Act No. 9481 sec 12, inserting Art. 258-A {now Art.271}, LC
2. Other kinds of recognition of employee representatives
excluding certification elections
2.1 Direct certification - not allowed
2.2 Voluntary recognition, Dept. Order No. 9, Rule X
2.3 Consent election, DO 9, RI, S (ee); DO40 R8 S10
Effect of consent election: DO40 R8 S23