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THE CONSTITUTION AND PROTECTION TO

LABOR

1. The Constitution affords full protection to labor


and when conflicting interests of labor and capital
are to be weighed on the scale of social justice, the
heavier influence of the latter should be
counterbalanced with the sympathy and
compassion the law accords the less privileged
workingman.

2. Labor contracts are impressed with public


interest; the Constitution provides right of the
workingman. Relations between capital and labor
are not merely contractual. Labor contracts must,
perforce, yield to the common good.

3. Under the Constitution, labor is entitled to


humane conditions of work and equality of
employment opportunities. Public policy abhors
inequality and discrimination by the employer are all
the more reprehensible. These conditions are not
restricted to the physical workplace --- the factory,
the office or the field --- but include as well the
manner by which employers treat their employees.

4. The Constitutional protection given to labor is not


designed to oppress or destroy capital. The
commitment of the Supreme Court to the cause of
labor does not prevent the High Tribunal from
sustaining the employer when it is in the right.
5. Social justice policy mandates compassionate
attitude towards the working class; while the
Constitution’s protection to labor does not condone
wrongdoing, it urges moderation of the sanctions
that may be imposed.

GENERAL LABOR CONCEPTS:

1. Construction in favor of labor. In interpreting


Labor Code provisions, the workingman’s welfare
should be primordial and paramount consideration.

2. As applied to evidence – If doubts exist


between the evidence presented by the employer
and the evidence presented by the employee, the
doubt should be resolved in favor of the
employee.

3. No work, no pay principle. “A fair day’s wage


for a fair day’s labor” remains as the basic factor in
determining employees’ wages.

4. Non-diminution of Benefits- Art. 100 of the


Labor Code. Company practice should have been
exercised to constitute voluntary employer practice
which cannot be unilaterally withdrawn by the
employer. The grant of certain benefits has ripened
into company practice or policy which cannot be
preemptively withdrawn.
5. As a general rule, there should only be one
union in one employer unit. The proliferation of
unions in one employer unit should be discouraged
unless there are compelling reasons which would
deny a certain class of employees the right to self-
organization,

6. Equal pay for equal work. A person who works


with substantially equally qualifications, skill, effort
and responsibility, under similar conditions, should
be paid similar salaries. If the employer accords
employees the same position and rank, the
presumption is that these employees perform equal
work.
FUNDAMENTAL PRINCIPLES AND POLICIES IN
LABOR RELATIONS
A. 1987 PHILIPPINE CONSTITUTION:

ARTICLE II
Declaration of Principles and State Policies
Principles
SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them.
SECTION 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of
the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and
amity with all nations.
SECTION 3. Civilian authority is, at all times,
supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
SECTION 4. The prime duty of the Government is
to serve and protect the people. The Government
may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to
render personal military or civil service.
SECTION 5. The maintenance of peace and order,
the protection of life, liberty, and property, and the
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of
democracy.
SECTION 6. The separation of Church and State
shall be inviolable.
State Policies
SECTION 7. The State shall pursue an independent
foreign policy. In its relations with other states the
paramount consideration shall be national
sovereignty, territorial integrity, national interest, and
the right to self-determination.
SECTION 8. The Philippines, consistent with the
national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
SECTION 9. The State shall promote a just and
dynamic social order that will ensure the
prosperity and independence of the nation and
free the people from poverty through policies
that provide adequate social services, promote
full employment, a rising standard of living, and
an improved quality of life for all.
SECTION 10. The State shall promote social
justice in all phases of national development.
SECTION 11. The State values the dignity of
every human person and guarantees full
respect for human rights.
SECTION 12. The State recognizes the sanctity of
family life and shall protect and strengthen the
family as a basic autonomous social institution. It
shall equally protect the life of the mother and the
life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of
moral character shall receive the support of the
Government.
SECTION 13. The State recognizes the vital role
of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in
public and civic affairs.
SECTION 14. The State recognizes the role of
women in nation-building, and shall ensure the
fundamental equality before the law of women
and men.
SECTION 15. The State shall protect and promote
the right to health of the people and instill health
consciousness among them.
SECTION 16. The State shall protect and advance
the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of
nature.
SECTION 17. The State shall give priority to
education, science and technology, arts, culture,
and sports to foster patriotism and nationalism,
accelerate social progress, and promote total
human liberation and development.
SECTION 18. The State affirms labor as a
primary social economic force. It shall protect
the rights of workers and promote their welfare.
SECTION 19. The State shall develop a self-reliant
and independent national economy effectively
controlled by Filipinos.
SECTION 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and provides
incentives to needed investments.
SECTION 21. The State shall promote
comprehensive rural development and agrarian
reform.
SECTION 22. The State recognizes and promotes
the rights of indigenous cultural communities within
the framework of national unity and development.
SECTION 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
SECTION 25. The State shall ensure the autonomy
of local governments.
SECTION 26. The State shall guarantee equal
access to opportunities for public service, and
prohibit political dynasties as may be defined by
law.
SECTION 27. The State shall maintain honesty and
integrity in the public service and take positive and
effective measures against graft and corruption.
SECTION 28. Subject to reasonable conditions
prescribed by law, the State adopts and implements
a policy of full public disclosure of all its transactions
involving public interest.
ARTICLE III
Bill of Rights
SECTION 1. No person shall be deprived of life,
liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
SECTION 2. The right of the people to be secure in
their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
persons or things to be seized.
SECTION 3. (1) The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety or
order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
SECTION 4. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
SECTION 5. No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment
of religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.
SECTION 6. The liberty of abode and of changing
the same within the limits prescribed by law shall
not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired
except in the interest of national security, public
safety, or public health, as may be provided by law.
SECTION 7. The right of the people to
information on matters of public concern shall
be recognized. Access to official records, and to
documents, and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
SECTION 8. The right of the people, including
those employed in the public and private
sectors, to form unions, associations, or
societies for purposes not contrary to law shall
not be abridged.
SECTION 9. Private property shall not be taken for
public use without just compensation.
SECTION 10. No law impairing the obligation of
contracts shall be passed.
SECTION 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
SECTION 12. (1) Any person under investigation for
the commission of an offense shall have the right to
be informed of his right to remain silent and to have
competent and independent counsel preferably of
his own choice. If the person cannot afford the
services of counsel, he must be provided with one.
These rights cannot be waived except in writing and
in the presence of counsel.
(2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall
be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil
sanctions for violations of this section as well as
compensation to and rehabilitation of victims of
torture or similar practices, and their families.
SECTION 13. All persons, except those charged
with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by
law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
SECTION 14. (1) No person shall be held to answer
for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been
duly notified and his failure to appear is
unjustifiable.
SECTION 15. The privilege of the writ of habeas
corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires
it.
SECTION 16. All persons shall have the right to
a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a
witness against himself.
SECTION 18. (1) No person shall be detained
solely by reason of his political beliefs and
aspirations.7
(2) No involuntary servitude in any form shall
exist except as a punishment for a crime
whereof the party shall have been duly
convicted.
SECTION 19. (1) Excessive fines shall not be
imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for
it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.
SECTION 20. No person shall be imprisoned for
debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in


jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
SECTION 22. No ex post facto law or bill of
attainder shall be enacted.

ART. XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest
priority to the enactment of measures that
protect and enhance the right of all the people
to human dignity, reduce social, economic, and
political inequalities, and remove cultural
inequities by equitably diffusing wealth and
political power for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.
Section 2. The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative and
self-reliance.
LABOR
Section 3. The State shall afford full protection
to labor, local and overseas, organized and
unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to
self-organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike in accordance with
law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage.
They shall also participate in policy and
decision-making processes affecting their
rights and benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation, and
shall enforce their mutual compliance therewith
to foster industrial peace.
The State shall regulate the relations between
workers and employers, recognizing the right of
labor to its just share in the fruits of production
and the right of enterprises to reasonable
returns to investments, and to expansion and
growth.
AGRARIAN AND NATURAL RESOURCES
REFORM
Section 4. The State shall, by law, undertake an
agrarian reform program founded on the right of
farmers and regular farmworkers who are landless,
to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a just
share of the fruits thereof. To this end, the State
shall encourage and undertake the just distribution
of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and
subject to the payment of just compensation. In
determining retention limits, the State shall respect
the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.
Section 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers’
organizations to participate in the planning,
organization, and management of the program, and
shall provide support to agriculture through
appropriate technology and research, and adequate
financial, production, marketing, and other support
services.
Section 6. The State shall apply the principles of
agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition
or utilization of other natural resources, including
lands of the public domain under lease or
concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral
lands.
The State may resettle landless farmers and
farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
Section 7. The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to such
fishermen through appropriate technology and
research, adequate financial, production, and
marketing assistance, and other services. The State
shall also protect, develop, and conserve such
resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just
share from their labor in the utilization of marine and
fishing resources.
Section 8. The State shall provide incentives to
landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
employment creation, and privatization of public
sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity
in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the
common good, undertake, in cooperation with the
private sector, a continuing program of urban land
reform and housing which will make available at
affordable cost, decent housing and basic services
to underprivileged and homeless citizens in urban
centers and resettlement areas. It shall also
promote adequate employment opportunities to
such citizens. In the implementation of such
program the State shall respect the rights of small
property owners.
Section 10. Urban or rural poor dwellers shall not be
evicted nor their dwelling demolished, except in
accordance with law and in a just and humane
manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them
and the communities where they are to be
relocated.
HEALTH
Section 11. The State shall adopt an integrated and
comprehensive approach to health development
which shall endeavor to make essential goods,
health and other social services available to all the
people at affordable cost. There shall be priority for
the needs of the underprivileged, sick, elderly,
disabled, women, and children. The State shall
endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain
an effective food and drug regulatory system and
undertake appropriate health, manpower
development, and research, responsive to the
country’s health needs and problems.
Section 13. The State shall establish a special
agency for disabled persons for their
rehabilitation, self-development, and self-
reliance, and their integration into the
mainstream of society.
WOMEN
Section 14. The State shall protect working
women by providing safe and healthful working
conditions, taking into account their maternal
functions, and such facilities and opportunities
that will enhance their welfare and enable them
to realize their full potential in the service of the
nation.
B. CIVIL CODE
ARTICLE 19:
1. Every person must, in the exercise of his
rights and in the performance of his duties, act
with justice, give everyone his due, and observe
honesty and good faith.
This provision codifies the concepts of justice
and fair play. This prevents a person from abusing
the rights that he may otherwise have, against
another. The law, therefore, recognizes the
primordial limitation on all rights; that in their
exercise, the norms of human conduct set forth in
Article 19 must be observed. A right, although legal
because recognized or granted by law, may
nevertheless become a source of some illegality.
When a right is exercised in a manner which does
not conform with the norms enshrined in Article 19
and results in damage to another, a legal wrong is
thereby committed for which the wrongdoer must be
held responsible.
CHAPTER 3
Work and Labor
SECTION 2
Contract of Labor :
Article 1700. The relations between capital and
labor are not merely contractual. They are so
impressed with public interest that labor contracts
must yield to the common good. Therefore, such
contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts,
closed shop, wages, working conditions, hours of
labor and similar subjects.
Article 1701. Neither capital nor labor shall act
oppressively against the other, or impair the interest
or convenience of the public.
Article 1702. In case of doubt, all labor legislation
and all labor contracts shall be construed in favor of
the safety and decent living for the laborer.
Article 1703. No contract which practically amounts
to involuntary servitude, under any guise
whatsoever, shall be valid.
Article 1704. In collective bargaining, the labor
union or members of the board or committee
signing the contract shall be liable for non-fulfillment
thereof.
Article 1705. The laborer's wages shall be paid in
legal currency.
Article 1706. Withholding of the wages, except for
a debt due, shall not be made by the employer.
Article 1707. The laborer's wages shall be a lien on
the goods manufactured or the work done.
Article 1708. The laborer's wages shall not be
subject to execution or attachment, except for debts
incurred for food, shelter, clothing and medical
attendance.
Article 1709. The employer shall neither seize nor
retain any tool or other articles belonging to the
laborer.
Article 1710. Dismissal of laborers shall be subject
to the supervision of the Government, under special
laws.
Article 1711. Owners of enterprises and other
employers are obliged to pay compensation for the
death of or injuries to their laborers, workmen,
mechanics or other employees, even though the
event may have been purely accidental or entirely
due to a fortuitous cause, if the death or personal
injury arose out of and in the course of the
employment. The employer is also liable for
compensation if the employee contracts any illness
or disease caused by such employment or as the
result of the nature of the employment. If the
mishap was due to the employee's own notorious
negligence, or voluntary act, or drunkenness, the
employer shall not be liable for compensation.
When the employee's lack of due care contributed
to his death or injury, the compensation shall be
equitably reduced.
Article 1712. If the death or injury is due to the
negligence of a fellow worker, the latter and the
employer shall be solidarily liable for compensation.
If a fellow worker's intentional or malicious act is the
only cause of the death or injury, the employer shall
not be answerable, unless it should be shown that
the latter did not exercise due diligence in the
selection or supervision of the plaintiff's fellow
worker
C.LABOR CODE (PD 442):

Date of Effectivity: 01 November 1974 (Six


months after its promulgation on 01 May
1974)

Art. 1. Name of Decree. This Decree shall be


known as the "Labor Code of the Philippines".

Art. 2. Date of effectivity. This Code shall take


effect six (6) months after its promulgation.

Art. 3. Declaration of basic policy. The State shall


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

Art. 4. Construction in favor of labor. All doubts


in the implementation and interpretation of the
provisions of this Code, including its implementing
rules and regulations, shall be resolved in favor of
labor.

SYLLABUS ON LABOR RELATIONS

Book V- Labor Relations:


Title I - Policy and Definitions

A. Art. 211 of the Labor Code- Declaration of Policy/General


Labor Concepts
1) Nature of Labor Relations
-as distinguished from Labor Standards
-correlation with Labor Standards
2) Workers’ Participation
3) Labor Education

B. Art. 212 Definition of Terms


1) Rule I- Implementing Rules and Regulations

C. Employer- Employee Relationship (An Overview)

1) Art. 82- Coverage (Book III)


a) Four-Fold Test
b) Kinds of Employment

D. Management Prerogatives

1) Concept
a) Free Will to Conduct its Own Affairs
b) Discipline of Employees
c) Transfer of Employees
d) Abolition of Positions

Title II- The National Labor Relations Commission (NLRC)

A. Creation and Composition


1) Art. 213
2) Art. 214
3) Art. 215
4) Art. 216

B. Powers and Functions


1) Art. 217
2) Art. 218
3) Art. 219
4) Art. 221
5) Art. 222
6) 2005 Revised Rules of Procedure of the NLRC

C. Appeals
1) Art. 223
a) Requisites for Perfection of An Appeal
b) Effects of An Appeal from the Labor Arbiter
to the Commission
c) Issues on Appeal
d) Findings of Facts- Final
i) Exceptions
e) Certiorari to Court of Appeals and then,
Supreme Court

2) Art. 224- Execution of Decisions, Orders or Awards


a) Execution
b) Injunction Against NLRC from Regular
Courts
c) Third Party Claims

3) Art. 225- Contempt Powers of the Secretary of


Labor

Title III- Bureau of Labor Relations (BLR)

A. Organization/Powers

1) Art. 226- Organization/Appeals


2) Art. 227- Compromise Agreements
3) Art. 229- Issuance of Subpoenas
4) Art. 231- Registry of Unions and File of Collective
Bargaining Agreements
5) Art. 232- Prohibition Against Certification Elections
6) Art. 233-Privileged Communication

Title IV - Labor Organization

A. Registration and Cancellation

1) Art. 234 Requirements of Registration


2) Art. 234-A: Chartering and Creation of Local
Chapter
a) Union By-Laws
3) Art. 235-Action on Application
4) Art. 236-Denial of Registration: Appeal
5) Art. 237-Additional Requirements
6) Art. 238- Cancellation of Registration
7) Art. 238-A: Effect of a Petition for Cancellation of
Registration
8) Art. 239-Grounds for Cancellation of Union
Registration
9) Art. 239-A: Voluntary Cancellation of Registration
10) Art. 240- Equity of the Incumbent

B. Rights and Conditions of Membership in a Labor


Organization

1) Art.241-Membership Rights to Legitimate Labor


Organization
a) Organization
b) Rights of Members
c) Union Officers
d) Complaint: Who May File

2) Art. 242- Rights of a Legitimate Labor Organization


a) Authority of the Union
b) Union Merger or Consolidation

3) Art. 242-A- Reportorial Requirements

Title V- Coverage

1) Art. 243- Coverage and Employees’ Right to Self


Organization
2) Art. 244- Rights of Employees in Public
Service/Government Employees
3) Art. 245-Ineligibility of Managerial Employees to
Join Any Labor Organization/Right of Supervisory
Employees
4) Art. 245-A: Effect of Inclusion as Members of
Employees Outside the bargaining Unit
5) Art. 246- Non-Abridgment of Right to Self-
Organization

Title VI- Unfair Labor Practice

1) Art. 247-Concept and Procedure for Prosecution


2) Art. 248- Unfair Labor Practice of Employers
a) Closure
b) Run Away Shop
c) “Yellow Dog” Contract
d) Subcontracting
e) Company –Domination of Union
f) Discrimination/ Valid Discrimination:
Union Security Clause
3) Art. 249 Unfair Labor Practices of Labor
Organizations
a) Featherbedding
b) “Sweetheart Contract”

Title VII- Collective Bargaining and Administration of Agreement

1) Art. 250- Procedure in Collective Bargaining


2) Art. 251- Duty to Bargain Collectively in the
Absence of Collective Bargaining Agents
3) Art. 252- Meaning of Duty to Bargain Collectively
4) Art. 253- Existence of the Duty to Bargain
Collectively
a) Stages
b) Violations
c) Bargaining in Good Faith
d) CBA Imposed on Employer
e) Deadlocks
f) Contents of a CBA
g) Modification of a CBA
h) Ratification and Registration of CBA
5) Art. 253-A: Terms and Conditions of a Collective
Bargaining Agreement (CBA)
a) Effectivity
b) Automatic Renewal
c) Duration of a CBA
6) Art. 254- Injunction Prohibition
7) Art. 255- Exclusive Bargaining Representative and
Workers Participation in Policy and Decision-Making
8) Art. 256- Representation Issues
9) Art. 257-Petitions in Unorganized Establishments
a) Voluntary Recognition
b) Certification Election
c) Other Issues
10) Art. 258- When an Employer May File a Petition
An Employer as a By-stander
11) Art. 259- Appeal from Certification Election Orders

Title VII-A- Grievance Machinery and Voluntary Arbitration

1) Art. 260- Definition of Grievance Machinery and


Voluntary Arbitration
2) Art. 261- Jurisdiction of Voluntary Arbitrator or
Panel of Voluntary Arbitrators
3) Art. 262- Jurisdiction Over Other Labor Disputes
4) Art. 262-A- Procedures

Title VIII- Strikes and Lockouts and Foreign Involvement in Trade


Union Activities

1) Strikes, Picketing and Lockouts- Art. 263


a) Definition of Terms/Objectives
b) When is a strike valid?
c) Legal Requirements
d) Avoidance of Strike
e) Role of the NCMB
2) Art. 264-Prohibited Activities
a) Picketing
b) Consequences of Concerted
Actions/Employment Status
c) Who Dismiss the Illegal Strikers
d) Employers Right to Hire Replacements
during Strikes
3) Art. 265-Improved Offer Balloting
4) Art. 266 Requirement of Arrest and Detention
5) Art. 267-Assistance to Labor Organizations
6) Art. 269-Prohibition Against Aliens: Exceptions
7) Art. 270-Regulation of Foreign Assistance
8) Art. 271-Applicability to Farm Tenants and Rural
Workers
9) Art. 272-Penalties for Violation

Book VI- Post Employment

Title I- Termination of Employment


1) Art. 278-Coverage
2) Art. 279-Security of Tenure
3) Art. 280-Regular and Casual Employment
a) Regular Employee
b) Project Employee
c) Seasonal Employee
d) Casual Employment
e) Fixed Period Employment
f) Seafarers
4) Art. 281-Probationary Employment
a) Purpose and Reason
b) Standards and Tenure
c) Private School Teachers
5) Art. 282-Termination by Employer
a) Two (2) Groups of Causes
i) Just Causes
ii) Authorized Causes
b) Dismissal Procedure
c) Burden of Proof
d) Valid Cause but Invalid Procedure
e) Preventive Suspension
f) Appropriate Penalty
i) Forfeiture of Benefits
ii) Demotion (Quota)
iii) Dismissal Not Affected by Acquittal
g) Constructive Dismissal
6) Art. 283 Closure of Establishment and Reduction of
Personnel
a) Authorized Causes
b) Automation
c) Redundancy
d) Retrenchment
e) Standards of Retrenchment
i) LIFO Rule
f) Closure or Cessation
g) Sale in Good Faith, Obligations of
Transferee
h) Sale in Bad Faith
i) Merger
7) Art. 284 Disease as Ground of Termination
a) Consequences of Termination
i) Reinstatement
b) Strained Relations May Bar Reinstatement
c) Backwages as consequence of Illegal
Termination
i) Exception
d) Separation Pay/Financial Assistance
e) Damages and Atty’s Fees
f) Liability of Officers
8) Art. 285 Termination by Employee
a) Resignation
9) Art. 286 When Employment is not deemed
Terminated

Title II- Retirement from the Service


A. Art. 287 on Retirement

Book VII- Transitory and Final Provisions

Title I- Penal Provisions and Liabilities


1) Art. 288 Penalties
2) Art. 289 Who are Liable
Title II- Prescription of Offenses and Claims
1) Art. 290 Offenses
2) Art. 291 Money Claims
3) Art. 292 Institution of Money Claims

Title III-Transitory and Final Provisions

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MAAV 2018