Professional Documents
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Memory Aid LABOR
Memory Aid LABOR
PRELIMINARY TITLE
7.Right to Participate in Policy &
CHAPTER I Decision-Making Processes affecting
GENERAL PROVISIONS their rights and benefits as may be
provided by law
RELATED LAWS:
ART 1. NAME OF DECREE
1. CIVIL CODE: see Arts. 1700, 1701and 1703
LABOR LEGISLATION - Consists of 2. REVISED PENAL CODE: Art. 289
statutes, regulations and jurisprudence 3. OTHERS: SSS Law, GSIS Law, Agrarian
governing the relations between capital and Reform Law, the 13th month pay law, the
labor, by providing for certain standards of terms Magna Carta for Public Health Workers, etc.
and conditions of employment or providing a
legal framework within which these terms and RATIONALE :
conditions and the employment relationship may
be negotiated, adjusted and administered. It is - The raison d’ etre of labor laws is the POLICE
divided into labor standards and labor relations. POWER of the State
LABOR STANDARDS - Are the minimum ART 3. DECLARATION OF BASIC
requirements prescribed by existing laws,
POLICY
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary and welfare benefits, The State shall afford protection to labor,
including occupational safety, and health promote full employment, ensure equal work
standards. opportunities regardless of sex, age or creed,
and regulate the relations between workers and
LABOR RELATIONS LAW - defines the employers. The State shall assure the right of
status, rights, and duties and the institutional workers to self-organization, collective
mechanisms that govern the individual and bargaining, security of tenure, and just and
collective interactions of employers, employees humane conditions of work.
or their representatives.
- The law which EMPLOYER - one who employs the
seeks to stabilize the relation between employer services of others; one for whom employees
and employee, to forestall and thresh out their work and who pays their wages or salaries.
differences through the encouragement of
collective bargaining and the settlement of labor EMPLOYEE - one who works for an
disputes through conciliation, mediation, and employer; a person working for salary or wages
arbitration.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
RECRUITMENT AND PLACEMENT - any act
of canvassing, enlisting, contracting,
CHAPTER II transporting, utilizing, hiring or procuring
EMANCIPATION OF TENANTS workers, and includes referrals, contract
(Note: not included as per SC Memo) services, promising or advertising for
employment, locally or abroad, whether for profit
ART 7-11 or not; PROVIDED, that any person or entity
which, in any manner, offers or promises for a
- Share tenancy has been abolished fee employment to two or more persons shall be
placing in its stead leasehold system. deemed engaged in recruitment and placement.
(CEC-TUCP) (RCPA)
- Under Art. 8, the land covered by operation
land transfer must be private agricultural -The number of persons dealt with is not
land, tenanted, primarily devoted to rice an essential ingredient of the act of recruitment
and/or corn, and more than seven and placement of workers. The proviso merely
hectares in are. creates the presumption.
MANDATORY REMITTANCE
REQUIREMENTS: CHAPTER II
REGULATIONS OF RECRUITMENT
1. Seamen or mariners: 80% of the basic AND PLACEMENT ACTIVITIES
salary;
2. Workers for Filipino Contractors and ART 29. NON-TRANSFERABILITY OF
Construction Companies: 70% of the basic
LICENSE OR AUTHORITY
salary;
3. Doctors, engineers, teachers, nurses, and
other professionals whose employment - No license or authority shall be used
contract provide for lodging facilities: same directly or indirectly by any person other
as #2 than the one in whose favor it was issued
4. All other professionals without board and or at any place other than that stated in the
lodging: 50% of the basic salary; license or authority, nor may such license or
5. Domestic and other service of workers; 50% authority be transferred, conveyed or
of the basic salary. assigned to any other person or entity.
PRESCRIPTIVE PERIOD
EXCEPTIONS:
1. When the waiver stipulates higher payment W 1. Country is at war or any other
or rate of OT pay; or national/local emergency has been
2. Where the contract of employment requires declared by the Chief
work for more than eight hours of work at Executive/Congress
specified wage per day providing for a fixed N 2. Necessary to prevent loss of
hourly rate or that the daily wages include life/property/ in case of actual/impending
overtime pay. emergency in the locality
U 3. There is urgent work to be performed
COMPRESSED WORKWEEK -allowable on machines, installations, or equipment
under the following conditions: in order to avoid serious loss/damage to
1. It is voluntary on the part of the worker the employer or some other causes of
2. There will be no diminution of the weekly or similar nature
monthly take-home pay and fringe benefits N 4. Work is necessary to prevent
of the employees; loss/damage to perishable goods; and
3. The value of the benefits that will accrue to C 5. where the completion or continuation
the employees under the proposed schedule of the work started before the eighth
is more than or at least commensurate with hour is necessary to prevent serious
the one-hour OT pay that is due them during obstruction or prejudice to the business
weekdays based on the employee’s or operations of the employer.
quantification N 6. when it is necessary to avail of
4. The one-hour OT pay will become due and favorable weather or environmental
payable if they are made or permitted to conditions where performance or quality
work on a day not scheduled for work on the of work is dependent thereon
compressed work week
5. The work does not involve strenuous physical ART 90. REGULAR WAGE
exertion and employees must have
adequate rest periods - include the cash wage only, without deduction
5. The arrangement is of temporary duration. on account of facilities provided by the
employer
ART 88. UNDERTIME NOT OFFSET BY CHAPTER II
OVERTIME WEEKLY REST PERIOD
- Undertime work on any particular day
shall not be offset by overtime work on ART 91. RIGHT TO A WEEKLY REST
any other day. Permission given to the DAY
employee to go on leave on some other day
of the week shall not exempt the employer - Employees should be provided a rest period
from paying the additional compensation. of not less than twenty four (24)
consecutive hours after every six (6)
RATIONALE consecutive normal work days.
- An employee’s regular pay rate is lower than
the overtime rate. Offsetting the undertime - Employer shall schedule the weekly rest day
hours against the overtime hours would of his employees subject to collective
result in undue deprivation of the employee’s bargaining agreement. However, the
extra pay for overtime work. employer shall respect the preference of
employees as to their weekly rest day
when such preference is based on
religious grounds. But when such
preference will prejudice the operations of
the undertaking and the employer cannot
normally result to other remedial measures,
the employer may so schedule the weekly
rest day that meets the employee’s choice
for at least two (2) days a month
ART 89. EMERGENCY OVERTIME ART 92. WHEN EMPLOYER MAY
WORK REQUIRE WORK ON A REST DAY
NOTE: worked = regular wage plus 30% 1. 200% of the basic wage provided, he works
premium pay on that day and was present or on leave
not worked = none with pay on the preceding workday. If
on leave without pay, rate still applies if
ADDITIONAL COMPENSATION FOR leave is authorized.
WORK ON A REST DAY, SUNDAY 2. 400% if he worked – as per DOLE Memo if
OR HOLIDAY WORK: there are 2 regular holidays in one day eg.
April 9 and Good Friday. Provided the
1. Work on a scheduled rest day - 30% of employee worked on the day prior to the
regular wage regular holiday or on leave with pay or on
2. No regular workdays and rest days -30% of authorized absence.
regular wage for work on Sundays & 3. If there are two succeeding holidays eg.,
Holidays Maundy Thursday and Good Friday, the
3. Work on Special Holidays -30% of regular employee must be present the day before
wage the scheduled regular holiday to be entitled
4. Holiday Work falls on Scheduled Rest Day - to compensation to both otherwise, he must
50% of regular wage work on the first holiday to be entitled to
holiday pay on the second regular holiday.
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
REGULAR SPECIAL
HOLIDAY HOLIDAY
CATEGORIES OF PIECE-RATE
WORKERS: ART 103. TIME OF PAYMENT
EXCEPTIONS:
- checks or money orders may be paid if:
EFFECTIVITY of a wage Order – it shall take 1. The employers and workers shall endeavor
effect after 15 days from the its complete to correct the distortion.
publication in at least one newspaper of general 2. Any dispute arising therefrom shall be
circulation in the region. settled through the NCMB and
3. If it remains unresolved after 10 days of
FREQUENCY of a wage order - Wage Order conciliation, it shall be referred to the NLRC.
issued by the Board may not be disturbed for a
period of 12 months from its effectivity and no - Wage distortion is non- strikeable.
petition for wage increase shall be entertained
during said period. EXCEPTION: When Is the employer legally obliged to try
Congress itself issues a law increasing wages. & correct a wage distortion?
It appears so. Article 124 of the Code
ART 124. STANDARDS/CRITERIA FOR provides that “ the employer and the union shall
MINIMUM WAGE FIXING negotiate to correct the distortions.” If there is
no union, “ the employer and the workers shall
FACTORS FOR DETERMINING endeavor to correct such distortions.
REGIONAL MINIMUM WAGE RATES
(DACNNIPFEE) Must the previous pay gaps be
restored?
1. Demand for living wages; While that is the aim, it need not
2. Wage Adjustment vis-a vis the consumer necessarily be restored to the last peso. An
price index; appreciable differential, a significant pay gap
3. Cost of living and changes or increases should suffice as correction of the distortion.
therein;
4. Needs of workers and their families;
5. Need to induce industries to invest in the CHAPTER VII
countryside; ADMINISTRATION AND
6. Improvements in standards of living; ENFORCEMENT
7. Prevailing wage levels;
8. Fair Return of the capital invested and
capacity to pay of employers; ART. 128. VISITORIAL AND
9. Effects on Employment Generation and ENFORCEMENT POWER
Family Income;
10. Equitable Distribution of Income & Wealth ART. 129. RECOVERY OF WAGES,
along the imperatives of economic and SIMPLE MONEY CLAIMS AND OTHER
social development BENEFITS
- Under Art. 129, the Regional Director is - Require employers to keep and maintain
empowered through summary proceeding Employment Records
and after due notice, to hear and decide - as may be necessary in aid of his
cases involving recovery of wages and other visitorial and enforcement powers
monetary claims and benefits, including
legal interests.
- Issue Compliance Orders (ART. 128) 4. Appeal is with 4. Appeal with NLRC;
based on the findings of labor Sec.of Labor ; period of appeal is
employment and enforcement officers or period of appeal 5 calendar days
industrial safety engineers made in the is 10 calendar
course of inspection days
1. Industrial undertaking between 10PM-6AM her childbirth or miscarriage shall be paid a daily
2. Commercial/Non-Industrial undertaking maternity benefit equivalent to 100% of her
between 12 MN-6AM average daily salary credit for 60 days or 78
3. Agricultural undertaking at nighttime unless, days, in case of caesarian delivery.
she is given a period of rest of not less than
9 consecutive hours REQUISITES :
ART 131. EXCEPTIONS 1. Employee notified her employer of her
pregnancy of the probable date of her
1. Actual/Impending Emergencies childbirth
caused by serious accident, flood, 2. Full payment be advanced by the employer
typhoon, epidemic or other disasters or within 30 days from the filing of the maternity
calamity, to prevent loss of life or leave application
property, or in cases of force majeure or 3. That payment of daily maternity benefits
imminent danger to public safety shall be a bar to the recovery of sickness
2. Urgent work to be performed on benefits
machineries, equipment or installation, to 4. That the maternity benefits shall be paid
avoid serious loss only for the first four (4) deliveries or
3. Work is necessary to prevent serious loss of miscarriages
perishable goods 5. That the SSS shall immediately reimburse
4. Where she holds a responsible position of the employer of 100% of the amount of
managerial/technical nature/engaged to maternity benefits advanced to the
provide health and welfare service employee by the employer
5. Nature of the work requires the manual skill 6. That if an employee member should give
and dexterity of women workers & cannot be birth or suffer a miscarriage without the
performed with equal efficiency by male required contributions having been remitted
workers for her by her employer to the SSS, or
6. Where women workers are immediate family without the latter having been previously
members of the family operating the notified by the employer of the time of the
establishment or undertaking pregnancy, the employer shall pay to the
7. Analogous cases SSS damages equivalent to the benefits
which said employee member would
ART 132. FACILITIES FOR WOMEN otherwise have been entitled to.
The Secretary of Labor may require employers - ART 133 (b) subsists, i.e., the maternity
to: leave shall be extended without pay on
1. Provide seats proper for women and permit account of illness medically certified to arise
them to use the seats when they are free out of the pregnancy, delivery, abortion, or
from work or during office hours provided the miscarriage, which renders the woman unfit
quality of the work will not be compromised; for work , unless she has earned unused
2. To establish separate toilet rooms and leave credits from which such extended
lavatories for men and women and provide leave may be charged.
at least a dressing room for women;
3. To establish a nursery in the establishment; LIMIT OF THE BENEFIT: Applies only for the
4. To determine appropriate minimum age and first four deliveries irrespective of who is the
other standards for retirement or termination father of the children, and may not be availed of
in special occupations such as those of flight in addition to sickness benefit under the Social
attendants and the like Security program.
- Paternity leave, if not availed of, is not - it shall be unlawful for an employer to require
convertible to cash. as a condition for employment or continuation of
employment that a woman employee shall not
WIFE - refers to the lawful wife which means the get married, or to stipulate expressly or tacitly
woman who is legally married to the male that upon getting married a woman employee
employee concerned. shall be deemed resigned or separated, or to
actually dismiss, discharge, discriminate or
- Where the male employee is already otherwise prejudice a woman employee merely
enjoying the paternity leave by reason of by reason of her marriage.
any law, decree, executive orders or any
contract, agreement or policy between
employer and employee and the existing
ART 138. CLASSIFICATION OF
paternity benefit is greater, the greater
benefit shall prevail; if lesser, the existing CERTAIN WOMEN WORKERS
benefit shall be adjusted to the extent of
the difference. - Any woman who is permitted to work or
suffered to work, with or without
compensation, in any night club, cocktail
ART 135. DISCRIMINATION lounge, massage clinic, bar or similar
establishment, under the effective control or
PROHIBITED
supervision of the employer for a substantial
period of time as determined by the
- It shall be unlawful for any employer to Secretary of Labor, shall be considered as
discriminate against any woman employee an employee of such establishment for
with respect to terms and conditions of purposes of labor and social legislation.
employment solely on account of her sex.
LEGITIMATE WORKER’S ASSOCIATION – - If the employees were not given the right to
any workers association as defined herein participate, then they could file with the NLRC
which is duly registered with the Department of a grievance.
Labor.
TRIPARTISM
- Five (5) divisions of NLRC. CASES WERE THE NLRC HAS
- Three (3) sectors are represented in the APPELLATE JURISDICTION:
composition of the NLRC.
- each division (3 commissioners) will 1. Cases decided by labor arbiters under
have representative from the Art 217b and Sec 10 RA 8012(Migrant
following : Workers Act)
2. Cases decided by the Regional Offices
1. Choice of the Sec. Of Labor coming of DOLE in the exercise of its
from the public sector adjudicatory function under Art 129 of
2. labor the Labor Code
3. employer and management sector
THE NLRC ONLY SITS EN BANC FOR
QUALIFICATIONS OF THE CHAIRMAN PURPOSES OF:
AND THE COMMISSIONER
1. promulgating rules and regulation
1. must be a member of the Philippine Bar; governing the hearing and disposition of
2. must have been engaged in the practice of cases before any of its divisions and
law in the Philippines for at least 15 years; regional branches, and
3. must have experience or exposure in
handling labor management relations for at 2. formulating policies affecting its
least 15 years; and administration and operations.
4. preferably a resident of the region where he
is to hold office. - The Commission may only sit en banc for
- The Chairman and Commissioners of the the determination of policies and NOT for
NLRC are not subject to confirmation by the purposes of adjudication.
Commission on Appointments
- Petitions for certiorari against decisions
THE QUALIFICATIONS OF EXECUTIVE of the NLRC should henceforth be
initially filed with the Court of Appeals in
LABOR ARBITERS
strict observance of the doctrine on the
hierarchy of courts as the appropriate forum
1. must be members of the Philippine Bar; for the relief desired. The SC noted that the
2. must have been engaged in the practice of CA is procedurally equipped to resolve
law in the Philippines for at least 7 years; unclear or ambiguous factual finding, aside
3. must have experience or exposure in from the increased number of its component
handling labor management relations for at divisions. (St. Martin Funeral Homes vs.
least 3 years. NLRC G.R. No. 130866)
TERM OF OFFICE OF THE CHAIRMAN, - Findings of facts of a labor tribunal are
COMMISIONERS, AND LABOR accorded the utmost respect by the courts
ARBITERS: and are well-nigh conclusive if supported by
substantial evidence.
- until they reach the age of 65 unless
removed for causes as provided by law or - Labor cases are not subject to Barangay
become incapacitated to discharge the Conciliation since ordinary rules on
function of his office. procedure are merely suppletory in
character vis-a- vis labor disputes which are
CASES WERE THE NLRC HAVE primarily governed by labor laws.
EXCLUSIVE AND ORIGINAL
JURISDICTION: - The failure of the petitioner to file a motion
for reconsideration of the decision of NLRC
1. Cases certified to it for compulsory before filing a petition for certiorari has in
arbitration by the Secretary of Labor under certain instances been held not to be a fatal
Art. 263; omission.
CHAPTER II latter does not have an original charter and
POWERS AND DUTIES has been incorporated under the
Corporation Code.
ART 217. JURISDICTION OF LABOR - The labor arbiter and the NLRC have no
ARBITERS AND THE COMMISSION. jurisdiction over claims filed by employees
against international agencies such as IRRI,
a. Except as otherwise provided under this WHO etc.
Code the Labor Arbiters shall have original
and exclusive jurisdiction to hear and ART 218. POWERS OF THE
decide, within 30 calendar days after the COMMISSION
submission of the case by the parties for
decision without extension, even in the POWERS OF THE NLRC:
absence of stenographic notes, the following
cases involving all workers, whether
a. Rule-making power
agricultural or non-agricultural:
b. Power to issue compulsory
processes
1, Unfair labor practice cases;
c. Power to investigate matters
2. Termination disputes;
and hear disputes within its
3. If accompanied with a claim for
jurisdiction
reinstatement, those cases that
d. Contempt power
workers may file involving wages,
e. Power to issue injunctions and
rates of pay, hours of work and
Restraining Orders
other terms and conditions of
employment;
4. Claims for actual, moral, REQUISITES BEFORE RESTRAINING
exemplary and other forms of ORDER/ INJUNCTION MAY ISSUE:
damages arising from employer-
employee relations; 1. filing of a verified petition
5. Cases arising from any violation 2. a hearing after due and personal notice has
of Art 264 of this Code, including been served in such manner as the
questions involving the legality of Commission shall direct, to all known
strikes and lockouts; and persons against whom the relief is sought
6. Except claims for Employees and also to the Chief Executive or other
Compensation, Social Security, public officials of the province or city within
Medicare and maternity benefits, which the unlawful acts have been
all other claims arising from threatened or committed charged with the
employer-employee relations, duty to protect the complainant’s property
including those of persons in 3. reception at the hearing of the testimony of
domestic or household service, witnesses with opportunity for cross-
involving an amount exceeding examination, in support of the allegations of
P5,000.00 regardless of whether the complaint made under oath as well as
accompanies with a claim for testimony in opposition thereto
reinstatement. 4. a finding of fact of the Commission to the
7.Monetary claims of overseas effect that :
contract workers under the a) prohibited or unlawful acts have been
Migrant Workers Act of 1995. threatened and will be committed and
will be continued unless restrained, but
b. The Commission shall have exclusive no injunction or temporary restraining
appellate jurisdiction over all cases order shall be issued on account of any
decided by Labor Arbiters. threat, prohibited, or unlawful act, except
against the persons, association or
c. Cases arising from the interpretation or organization making the threat or
implementation of CBA and those arising committing the prohibited or unlawful
from the interpretation or enforcement of act or actually authorizing or ratifying the
company personnel policies shall be same after actual knowledge thereof.
disposed of by the Labor Arbiter by referring b) That substantial and irreparable injury to
the same to the grievance machinery and the complainant’s property will follow
voluntary arbitration. c) That as to each item of relief to be
granted, greater injury will be inflicted
- The labor arbiter has jurisdiction over the upon complainant by the denial of the
claims of employees against GOCCs if the
relief than will be inflicted upon the The Chairman, any Commissioner, labor Arbiter
defendants by the granting of the relief or their duly authorized representatives may, at
d) That complainants has no adequate anytime during working hours:
remedy at law
e) That public officers charged with the a. Conduct an ocular inspection on
duty to protect complainant’s property any establishment, building,
are unable or unwilling to furnish ship, place or premises,
adequate protection. including any work, material,
5. Posting of a bond implement, machinery,
appliance or any object therein;
REQUISITES BEFORE TRO MAY BE and
ISSUED EX PARTE: b. Ask any employee. Laborer, or
any person as the case may be
1. The complainant shall allege that, unless a for any information or date
TRO shall be issued without notice, a concerning any matter or
substantial and irreparable injury to question relative to the object of
complaint’s property will be unavoidable; the investigation
2. There is testimony under oath, sufficient, is
sustained, to justify the Commission in ART. 221. TECHNICAL RULES NOT
issuing a temporary injunction upon hearing BINDING AND PRIOR RESORT TO
after notice ; AMICABLE SETTLEMENT
3. The complainant shall first file an
undertaking with adequate security in an - An amicable settlement of a labor dispute
amount to be fixed by the Commission should be approved by the labor arbiter
sufficient to recompense those enjoined for before whom the case is pending after
any loss, expenses or damage caused by being satisfied that it was voluntarily entered
the improvident or erroneous issuance of by the parties and after having explained to
such order or injunction, including all them the terms and consequences thereof.
reasonable costs, together with a
reasonable attorney’s fee, and expense of PURPOSE: for the employee’s protection for the
defense against the granting of any labor arbiter before whom the case is pending
injunctive relief sought in the same would be in a better position than just any labor
proceeding and subsequently denied by the arbiter to personally determine the voluntariness
Commission; and of the agreement and certify its validity.
4. The TRO shall be effective no longer than
20 days and shall become void at the RES JUDICATA applies only to judicial or
expiration of said 20 days counted from the quasi-judicial proceedings and not to the
date of the posting of the bond. exercise of administrative powers.
1. If there is prima facie evidence of abuse of - Tardiness of an appeal form the decision of
discretion on the part of the Labor Arbiter or the labor arbiter may be considered as a
Compulsory Arbitrator; mere procedural lapse.
2. If the decision, order or award was secured
through fraud or coercion, including graft EXECUTION PENDING APPEAL:
and corruption; - the decision of the labor arbiter ordering the
3. If made purely on questions of law; reinstatement of a dismissed or separated
4. If serious errors in the findings of facts are employee shall immediately executory
raised which would cause grave or insofar as the reinstatement aspect is
irreparable damage or injury to the concerned and the posting of an appeal
appellant. bond by the employer shall not stay such
execution. There is no need for the arbiter to
PERIODS WITHIN WHICH TO APPEAL: issue a writ of execution on the
reinstatement order as it is self-executory
A. DECISIONS OF THE REGIONAL (Pioneer Texturizing Case).
DIRECTOR:
- within 5 calendar days from receipt of the OPTIONS OF THE EMPLOYER TO IN
order. COMPLYING WITH AN ORDER OF
REINSTATEMENT WHICH IS
B. DECISIONS OF THE LABOR ARBITER: IMMEDIATELY EXECUTORY:
- within 10 calendar days from the receipt of
the decision. 1. He can admit the dismissed employee back
to work under the same terms and
- The appeal must be under oath and must conditions prevailing prior to his dismissal or
state specifically the grounds relied upon separation or to a substantially equivalent
and the supporting arguments. position if the former position is already filled
up.
- Where the 10th day falls on a Saturday, 2. He can reinstate the employee merely in the
Sunday or legal holiday, the appeal may be payroll.
filed on the next business day.
- Failing to exercise any option may be
IS THE PERIOD OF APPEAL compelled under pain of contempt and the
EXTENDIBLE? employer may be made to pay instead the
NO. The period of appeal to cases salary of the employee.
decided by the regional Director and the Labor
Arbiter is NEVER extendible. It is the policy of A petition for relief from the decision
the state to settle expeditiously labor disputes. of the labor arbiter must strictly comply
with 2 reglementary periods:
1. The petition must be filed within 60 days agreements which shall be subject of
from knowledge of the judgment; and grievance procedure and/or voluntary
2. Within a fixed period of 6 months from entry arbitration.
of such judgment.
- petitions filed beyond said period will INTRA- UNION DISPUTES - includes all
no longer be entertained. disputes or grievances arising from any
violation of or disagreement over any
APPEAL FROM THE DECISION OF provision of the constitution and by-laws
THE NLRC: of a union.
- appeal by certiorari should be filed
with the Court of Appeals(St. Martin - It also includes any violation of the rights
Funeral’s Home) and conditions of union membership
provided for in the Labor Code.
ART 224. EXECUTION OF DECISIONS,
ORDER, OR AWARDS INTER- UNION DISPUTES - refers to
questions involving or arising out of a
representation disputes between or
- The decision of the Secretary of Labor, the
among the different unions.
Commission, the Bureau or Regional
Director the Labor Arbiter, the Med-Arbiter or
- It also includes all other conflicts which
the Voluntary Arbitrator shall be final and
legitimate labor, organizations may have
executory after 10 calendar days from
against each other based on any violation of
receipt thereof by the parties.
their rights as labor organizations.
- The foregoing may upon its own initiative or
on motion of any interested party, issue a
DETERMINATION OF EMPLOYER-
writ of execution on a judgment within 5 EMPLOYEE RELATIONSHIP:
years from the date it becomes final and
executory. - since the BLR has the original and exclusive
jurisdiction to decide inter alia, all disputes,
- The immediate execution of judgment grievances or problems arising from or
should be undertaken only when the affecting labor-management relations in all
monetary award had been carefully and workplaces. Necessarily, in the exercise of
accurately determined by the NLRC and this jurisdiction over labor-management
only after the employer is given the relations, the Med-Arbiter has the authority,
opportunity to be heard and to raise original and exclusive, to determine the
objections to the computation. existence of an employer-employee
relationship (MY San Biscuits, Inc. v
Laguesma G.R. No. 9511, 22 April 1991).
REQUIREMENTS BEFORE A
EFFECTS WHEN A LOCAL UNION
FEDERATION CAN BE ISSUED A
DISAFFILIATE:
CERTIFICATE OF REGISTRATION:
IT DEPENDS. If the labor union is
Aside from the application, which must be independently registered, the disaffiliation of
accompanied with the requirements for the union would not affect its being a legitimate
registration of a labor registration, the application labor organization and therefor would continue
should also be accompanied by the following: to have the rights and privileges of a legitimate
1. Proof of affiliation of at least 10 labor organization as well as the legal
locals or chapters, each of which personality as such.
must be :
a. a duly recognized collective
bargaining agent in the On the other hand, if the labor union is
establishment of not independently registered, upon
b. supporting the registration disaffiliation, it would cease to be a legitimate
of such applicant federation labor organization and would therefore no longer
or national union; have the legal personality and the rights and
2. The names and addresses of the privileges granted by law to legitimate
companies where the locals or organization.
chapters operate and the list of all
the members in each company
EFFECT OF DISAFFILIATION WITH
involved.
EXISTING CBAs:
Can a local union affiliate with a
IT DEPENDS. If the labor union is
federation? If so, how? independently registered, existing CBAs would
continue to be valid as the labor organization
can continue administering the CBAs.
However, if the labor union is not GROUNDS FOR CANCELLATION OF
independently registered, existing CBAs would UNION REGISTRATION:
no longer be valid as there would no longer be
any labor organization given by law the right to 1. Misrepresentation, False statement or Fraud
administer the CBAs. in connection with:
- the adoption or ratification of the
ENTITLEMENT TO UNION DUES IN constitution and by-laws or
CASE OF DISAFFILIATION: amendments thereto,
- the minutes of ratification, and
- If the labor union is independently - the list of members who took part in
registered, then the labor organization is the ratification.
entitled to the union dues and not the 2. Failure to submit the document mentioned in
federation from which the labor organization the preceding paragraph
disaffiliated. - within 30 days from adoption or
ratification of the constitution and
- On the other hand, if the labor union is not by-laws or amendments thereto.
independently registered, then union dues 3. Misrepresentation, false statement or fraud
may no longer be collected as there would in connection with the:
no longer any labor union who is allowed to - election of officers,
collect such union dues from the employees. - minutes of the election of officer and
the list of voters, or failure to submit
- A union can affiliate anytime but disaffiliation these documents together with
can be done only during the freedom period. - the list of the newly
If not within the freedom period, can be done elected/appointed officers and their
only with the consent of the majority of the postal addresses
workers. Provided it is independently - within 30 days from election
registered otherwise it loses its personality. 4. Failure to submit the annual financial report
The exception will only apply if it is not to the Bureau
prohibited by the constitution and by-laws of - within 30 days after the closing of
the federation of national union. every fiscal year and
misrepresentation, false entries and
fraud
ART 236. DENIAL OF REGISTRATION; - in the preparation of the financial
APPEAL report itself;
5. Acting as a labor contractor or engaging in
Decisions of the BLR denying the registration the “cabo” system, or otherwise engaging in
of a labor organization is appealable to the any activity prohibited by law;
Secretary of Labor within 10 calendar days from 6. Entering into collective bargaining
receipt, on grounds of: agreements which provide terms and
conditions of employment below minimum
a. grave abuse of discretion; and standard established by law;
b. gross incompetence 7. Asking for or accepting attorney’s fees or
negotiation fees from the employers;
ART 238. CANCELLATION OF 8. Other than for mandatory activities under
this Code, checking off special assessment
REGISTRATION; APPEAL
or any other fees without duly signed
individual written authorization of the
The certificate of registration of any legitimate members;
labor organization shall be cancelled by the BLR 9. Failure to submit a list of individual members
if it has reason to believe, after due hearing, of the Bureau once a year or whenever
that the said labor organization no longer meets required by the Bureau; and
one or more of the requirements herein 10. Failure to comply with the requirements
prescribed. under Articles 237 and 238.
- Appeal may be filed within 15 days from
REMEDY IN CASE THE BUREAU
receipt of the decision to the Secretary of
Labor. SHOULD CANCEL THE REGISTRATION
OF THE UNION:
ART 239. GROUNDS FOR - to appeal to the Secretary of Labor within 10
calendar days on the grounds of:
CANCELLATION OF UNION
REGISTRATION.
1. grave abuse of discretion or
2. gross incompetence on the part of fees may be checked off from any amount
the Bureau due an employee.
- WITHOUT an individual written authorization
- Should the office of the Secretary affirm the duly signed by the employee.
decision of the Bureau, the final remedy is
a petition for certiorari to the SC under The authorization should specifically state
Rule 65, Rules of Court. the:
a. amount
CHAPTER II b. purpose and
RIGHTS AND CONDITIONS OF c. beneficiary of the deduction.
MEMBERSHIP IN A LABOR
EXCEPTION to the Requirement of
ORGANIZATION Individual Written Authorization:
ART. 241. RIGHTS AND CONDITIONS - The law does not require individual written
OF MEMBERSHIP IN A authorizations from the employees when it
LABOR ORGANIZATION comes to fees for mandatory activities under
the Labor Code.
REQUIREMENTS IN MAKING SPECIAL CHECK-OFF is a method of deducting from
ASSESSMENT an employee’s pay at prescribed period, the
amounts due to the union for fees, fines or
Art. 241(n). No special assessment or other assessment.
extraordinary fees may be levied upon the In Special Assessment, there must be a written
members of a labor organization: resolution authorized by a majority of the
members at a general meeting called for the
- UNLESS authorized by a written resolution purpose.
of a majority of all the members at a general
membership meetings duly called for the - Check-off – there must be individual written
purpose. authorization of the members.
- The secretary of the organization shall PERSONS WHO ARE PROHIBITED
record the minutes of the meeting including:
- the list of all members present,
FROM BECOMING MEMBERS OF A
- the votes cast, LABOR ORGANIZATION UNDER THE
- the purpose of the assessment or fees, LABOR CODE:
- The record shall be attested by the 1. Those who have been convicted of a crime
President. involving moral turpitude. (Art. 241(f));
2. Subversives or those engaged in subversive
- Therefore, the REQUIREMENTS when it Activities.
comes to special assessment are as follows:
1. there must be a written resolution - In general, a union is free to select its own
2. the resolution must have been approved by members, and no person has an absolute
a majority of all the members right to membership in a trade union.
3. the approval must be at a general
membership meeting duly called for the - The implementing rules require that the
purpose remedies be exhausted within the union
before a complaint for any violation of the
union’s constitution and by-laws may be
REQUIREMENTS OF THE LAW WITH filed.
REGARDS TO CHECK-OFFS
REQUIREMENTS BEFORE A CHECK-
Art. 241(o). Other than for OFF MAY BE DONE:
MANDATORY ACTIVITIES under the
- Individual written authorizations of the
Code.
employees are required before a check-off
may be validly done.
- NO special assessment, attorney’s fees,
registration fees or any other extraordinary
EXCEPTIONS :
1. For mandatory activities provided under RIGHTS OF A LEGITIMATE LABOR
the Code; and ORGANIZATION:
2. When non-members of the union avail of
the benefits of the CBA. 1. Undertake activities for benefit of members
- said non-members may be 2. Sue and be sued
assessed union dues equivalent to 3. Exclusive representative of all employees
that paid by members 4. Represent union members
- only by a Board Resolution 5. Furnished by employers of audited financial
approved by majority of the statements
members in a general meeting 6. Own properties
called for the purpose 7. Exempted from taxes
3. Can only form, 3. Can form, join or - Government employees and employees of
join or assist Assisi labor government-owned and controlled
labor organization for corporations with original charters may
organization for purposes of CBA, bargain, however, such bargaining power
purposes not etc. is limited.
contrary to law. RATIONALE : GOCCs
INCORPORATED UNDER THE CORP.
CODE ALLOWED TO ORGANIZE:
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY OF
INTEREST DOCTRINE:
CERTIFICATION CONSENT
1. similarity in the scale and manner of ELECTION ELECTION
determining earnings
2. similarity in employment benefits, hours of 1. aimed at 1. an agreed one,
work and other terms and conditions of determining the its purpose
employment sole and being merely to
3. similarity in the kinds of work performed exclusive determine the
4. similarity in the qualifications, skills and bargaining agent issue of majority
training of the employees of all the representation of
5. frequency of contract or interchange among employees in an all the workers in
the employees appropriate the appropriate
6. common supervision and determination of bargaining unit collective
labor-relations policy for the purpose bargaining unit
7. history of previous collective bargaining of collective
8. desires of the affected employees bargaining;
9. extent of union organization
2. separate and 2. from the very
AUTOMATIC RENEWAL CLAUSE - this is distinct from a nature of
under the present Article which establishes an consent election consent election,
automatic renewal clause the CBA is effective it is a separate
and enforceable even after the expiration of the and distinct
period fixed by the parties as long as no new process and has
agreement is reached by them. nothing to do
with the import
MODES OF CHOOSING THE and effect of a
EXCLUSIVE BARGAINING UNIT: certification
election
1. SELECTION
- certification election EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
2. DESIGNATION
a) voluntary recognition - By voluntarily recognition of the employer,
b) direct certification the labor organization recognized by the
employer as the exclusive bargaining agent
may collectively bargain with the employer.
CERTIFICATION ELECTION - process of
determining by secret ballot the sole and WHEN IS THE CONDUCT OF A
exclusive bargaining agent of the employees in
CERTIFICATION ELECTION MANDATORY
an appropriate bargaining unit, for purposes of
collective bargaining.
ON THE PART OF THE BLR?
COOLING –OFF PERIOD - that period of When should the strike vote be
time given the NCMB to mediate and conciliate submitted?
the parties.
The report on the strike vote must be
- It is that span of time allotted by law for the submitted to the DOLE at least 7 days before the
parties to settle their disputes in a peaceful intended strike subject to the cooling-off period.
manner, before staging a strike or lockout.
TESTS FOR THE LEGALITY OF A
NUMBER OF DAYS IN THE COOLING STRIKE:
OFF PERIOD:
1. Whether or not is has a lawful PURPOSE.
1. If the ground for the intended strike or 2. Whether or not is complies with the
lockout is DEADLOCK IN COLLECTIVE PROCEDURAL REQUIREMENTS OF THE
BARGAINING, the cooling-off period is 30 LAW, to wit –
days from the filing of the notice of strike. - notice of strike
2. If the ground for the intended strikes is - 30/15-day cooling-off period
UNFAIR LABOR PRACTICE, the cooling-off - strike vote
period is 15 days from the filing of the notice - 7-day strike ban
of strike. Therefore: 3. Whether or not it is executed through
LAWFUL MEANS.
- HOWEVER, in case of dismissal from
employment of union officers duly in - NOTE: The 3 tests must concur.
accordance with the union constitution and
by-laws, which may constitute union busting EFFECT OF GOOD FAITH OF
where the existence of the union is STRIKERS ON LEGALITY OF STRIKE:
threatened, the 15-day cooling-off period - A strike may be considered legal where the
shall NOT apply AND the union may take union believed that the company committed
action immediately. ULP and the circumstances warranted such
belief in good faith, although subsequently ISSUES THAT THE SECRETARY OF
such allegations of ULP are found out as not LABOR CAN RESOLVE WHEN HE ASSUMES
true. JURISDICTION OVER A LABOR DISPUTE:
EXCEPTIONS:
- during any labor controversy or
1. Where the strikers voluntarily and in the exercise of the right of self-
unconditionally offered to return to work, organization or collective bargaining
but the employer refused to accept the or shall aid or abet such obstruction
offer. or interference.
- -They are entitled to backwages from
the date the offer was made c) NO employer shall use or employ any
- -e.g. of Unconditioned offer: “we will STRIKE-BREAKER
return tomorrow” and NOT “willing to - nor shall any person be employed as a
return provided…” strike-breaker.
b) NO person all obstruct, impede or interfere EXCEPTIONS: The following strikers are
with OII by force, violence, coercion, threats or NOT entitled to reinstatement:
intimidation FVCTI 1. union officers who knowingly
- any peaceful picketing by participates in an illegal strike;
employees and
2. any striker/union member who An employee that has been dismissed illegally is
knowingly participate in the entitled to:
commission of illegal acts during a. Reinstatement
the strike. b. Backwages
EMPLOYER Employers in private sector All government agencies and All employers (private or public)
instrumentalities , including GOCCs
COVERAGE
COMPULSORY 1. Employees not over 60 years of age and their 1. Compulsory for all employees Any person compulsorily covered
employers. receiving compensation who have not by GSIS or SSS
2. 2. Domestic helpers whose monthly income reached compulsory retirement age Any person employed as casual,
is not less than P1,000.00. irrespective of employment status. emergency, temporary, substitute
3. Self-employed persons as determined by the or contractual
Commission : a) self-employed professionals; *Including barangay and sanggunian
b) partners and single proprietors; c) actors officials
and actresses, directors, etc; d) professional
athletes, coaches, trainers, etc. and e)
individual farmers and fishermen.
VOLUNTARY 1. Spouses who devote full time to managing of
household and family affairs, UNLESS they
are also engaged in other vocation or
employment which is subject to
MANDATORY coverage.
2. 2. Filipinos recruited by foreign-based
employers for employment abroad.
3. Employees separated from employment by
paying TOTAL contribution (meaning : both
employer and employee’s share)
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
1. AFP
EXEMPTED 1. purely CASUAL and not for purpose or 2. PNP
occupation of the employer. 3. Contractuals who have no employer
EMPLOYMENT
2. Performed in an alien vessel by an employee and employee relationship
if he is employed when such vessel is outside
of the Philippines. * Members of the judiciary and the
3. By the government of the Philippines or Constitutional Commissions – life
instrumentality or agent thereof. insurance only
4. Foreign government of international
organization.
BENEFITS 1. Monthly pension 1. Life Insurance
2. Dependents’ pension 2. Retirement
3. Retirement 3. Disability
4. Death Benefits 4. Survivorship
5. Permanent Disability benefits 5. Separation
6. Funeral 6. Unemployment
7. Sickness
8. Maternity * Life insurance for the members of the
judiciary and constitutional commissions.
BENEFICIARIES
MODE 1. For those with employees – Employee 1. The employer shall deduct each
OF COLLECTION contribution shall be deducted by the month from the salary or compensation of
employees based on an approved schedule. each employee the contribution payment.
Employer shall remit BOTH EMPLOYEE AND Employer shall remit to the system within
EMPLOYER contribution to the system. 10 days the Employer-Employee
2. For self-employed – Self-employed shall pay contributions.
BOTH EMPLOYER AND EMPLOYEE
contributions to the system.
3. For government contribution – remitted to the
SSS within the first 10 days of each calendar
month following the month got which they are
applicable.
ENTITLED TO Member has reached age of 60 or 65. OPTIONAL. Member meets the ff :
RETIREMENT 1. has worked for at least 15 years.
BENEFITS 2. Is at least 60 years of age at time of
retirement, and
3. Is not receiving monthly pension
benefit from permanent total disability
DISABILITIES DEEMED Complete and permanent loss of use of a Complete and permanent loss of a Complete and permanent loss of
PERMANENT PARTIAL digit, limb, ear (or both ears), hearing in one or digit, limb, ear (or both ears), hearing in use of a digit, limb, ear (or both ears),
both ears, or sight in one eye. one or both ears, or sight in one eye. hearing in one or both ears, or sight in
one eye.
SYSTEM EXCUSED For permanent disability in the ff. cases : For all contingencies in the ff. cases :
FROM LIABILITY 1. grave misconduct 1. intoxication
2. notorious negligence 2. willful intent to injure or kill one’s
3. willful intent to kill self or another self or another
4. habitual intoxication 3. notorious negligence
COVERAGE Occurrence of contingency whether or not Occurrence of contingency whether or Work-related illness or injury.
work-connected. not work-connected.
NOTICE Employee to notify employer within 5 days Employee to notify employer within
REQUIREMENT from injury or illness(unless no longer 5 days from injury or illness (unless
necessary under the exceptions) it is no longer necessary under the
Employer to notify SSS within 5 days from exceptions)
notice. Employer to record the same in
logbook within 5 days from notice.
Employer to notify SSS or GSIS
within 5 days from recording in
logbook.
EFFECT OF Legal And eligible claimant may still SSS absolved unless notified of other
ERRONEOUS demand benefits, without prejudice to claim prior to payment.
PAYMENT right of GSIS to sue improper claimant.
DISPUTE SETTLEMENT 1. File claim with SSS. 1. File claim with GSIS. 1. File claim with SSS and GSIS.
2. Appeal to Social Security Commission. 2. Appeal to GSIS Board. 2. Appeal to ECC.
3. Appeal to CA. 3. Appeal to CA. 3. Appeal to CA
4. Appeal to SC 4. Appeal to SC. 4. Appeal to SC
EXCLUSIVENESS OF May Apply for same benefits in EC, if in Whenever other laws provide similar May apply for the same benefits
BENEFITS private sector. benefits for the same contingencies, under SSS, if in the private sector.
May not receive benefits for same members who qualifies has option to May apply for same benefits under
contingency under GSIS offers more (he may choose. If benefits chosen are less GSIS, if in public sector (applying
then receive deficiency) than under GSIS, he may get the Mazo Sugar Central vs CA case.
difference.
However, with respect to work-
connected illness and injuries, he
may also recover in full under ECC,
applying the Mazo Sugar Central vs
CA case.
PRESCRIPTIVE 10 years from the time the right of action 4 years from date of contingency
PERIODS accrues. except life and retirement benefits
5. Cases involving
prohibited acts in strikes
(ART. 264)