Labor 2 Midterm Coverage

Constitutional Provisions touching Labor: Section 9 and 10

- Admission in the Constitution that there is a lot of poverty

 When there is no employer-employee relationship, labor relations cannot take effect.

 When is there EER? In determining EER, there is a four-fold test: selection, payment
of wages, power to dismiss and power to control.
 What is the link? Services rendered.
 Self-organization, collective bargaining, concerted action, compensation and benefits
 Self-organization: right to associate, then be recognized through a petition for
certification election where employees could choose either to be an organization or
union.
 CB: employees demand, then negotiate.
 Concerted actions: picketing; after, file a notice a strike.
 Compensation and benefits:

Rights Disputes Remedies Jurisdiction

Self-organization ULP
CBA ULP
Concerted Actions ULP
Compensation and Enforcement of
Benefits Payment Order

Labor Arbiter Jurisdiction

I. Article 224
II. Jurisdiction under other provisions of the Labor Code
III. Issues that may or may not be under the Labor Arbiter
IV. Issues where Labor Arbiters have no jurisdiction

Agencies:
Labor Arbiter – dispute resolution
NLRC proper – appeals, rule-making, injunctions, certified cases coming from Secretary of
Labor; enjoys a certain autonomy, as it is an attached agency
Secretary of Labor – enforcement of labor laws

When employees organize, the BLR registers the unions and supervises these unions.

NLRC supervises Labor Arbiter

Not every violation of CBA amounts to ULP; only gross ones.