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TABLE OF CONTENTS I. LABOR LAW IN GENERAL Management prerogative Quitclaims II. LABOR II STANDARDS Employer-employee relationship Control test Economic relations test Conditions of work and rest period Benefits to which piece-rate workers Overtime Rules on mealtime Premium pay for work on rest days / special days Authorized work on rest day Holiday work Service incentive leave 13th month pay Basic salary Vacation leave Service charge Medical treatment Visitorial and enforcement power and recovery of wages Recovery of wages, simple money claims & other benefits Employment of women Anti-sexual harassment law (RA 7877) Minimum employable age Employment of home workers Employment of handicapped / disabled workers 3 3 4 4 4 5 5 6 6 6 7 7 7 7 8 9 9 10 10 12 12 13 13 III. LABOR RELATIONS Right to self organization Special rules on employees Kinds of unions Chartering of mother union to a local union Requirements for registration of unions
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15 15 17 18 19
Grounds for cancellation of union registration 21 Grounds for cancellation of union registration 22 Procedure in cancellation of registration due to non- 23 compliance with the reportorial requirements Rights and conditions of membership to unions 23 Intra-union disputes 25 Visitorial power 25 Rights of legitimate labor organizations 26 Unfair labor practices 27 ULP of employers 28 ULP of labor organizations 29 Duty to bargain collectively: 30 Selection of bargaining representative: 30 Petition for certification election 33 4 bars to holding a certification election: 35 Denial of CE 36 Appeal for the petition for CE 36 Collective bargaining 37
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER
Strikes, lockouts and concerted actions Assumption of jurisdiction by secretary of labor under art 263(g) Power of the president under art 263(g) Prohibited activities in strikes and lock-outs Effects of illegal strike Jurisdiction of voluntary arbitrators IV. TERMINATION OF EMPLOYMENT Security of tenure Classes of employees Termination Just causes Authorized causes Separation pay Backwages Due process Effects of removal without cause: Effect of removal with cause but without due process Constructive dismissal Dismissal in relation to closed shop agreement Floating status Abandonment Resignation Employment not deemed terminated Preventive suspension Retirement pay law (RA 7641) V. DISPUTE SETTLEMENT Summary of jurisdiction Prescriptive periods Procedure VI. SALIENT FEATURES OF THE SSS LAW AND 38 39 40 40 43 44 44 45 45 45 47 48 48 48 48 49 49 49 49 49 49 50 50 52 54 54 56 VII. VIII.
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GSIS LAW COMPREHENSIVE AGRARIAN REFORM LAW AS AMENDED CASE DOCTRINES
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER
I. LABOR LAW IN GENERAL Management Prerogative II. LABOR STANDARDS Rule: employer is free to regulate, according to his own discretion and judgment, all aspects of employment, including: hiring, work assignments, working methods, time, place and manner of work, tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers Ex: as limited by special laws
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voluntary (Oriental Ship Management v CA, January 25, 2006).
EMPLOYER-EMPLOYEE RELATIONSHIP (EER) EMPLOYER - includes any person acting directly or indirectly in the interest of an employer in relation to an employee. EMPLOYEE - includes any individual employed by the employer. Jurisprudential tests for determining the existence of EER: 1. CONTROL TEST – primary test Elements: The employer has the ability (need not be actual) to exercise control over the following: 1.) Wages 2.) Hiring 3.) Firing
As long as the company’s exercise of the same is exercised in good faith for the advancement of the employer’s interest, and not for the purpose of defeating or circumventing the rights of the employees under special laws or valid agreements, the courts will uphold them (Capitol Medical Center, Inc. v. Meris, September 16, 2005).
Public policy (protection of employees because they stand on unequal footing with their employers) dictates that quitclaims signed by our migrant workers are presumed to have been executed at the behest of the employer. It is the employer’s duty to prove that such quitclaims were
Control, not only over the end product/result of the work, but more importantly, control over the MEANS through which the work is accomplished. (most essential element; without it, there is no EER)
2. ECONOMIC RELATIONS TEST – a subordinate/alternative test. Here, documents such as the company ID, time card,
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
Marlon J. 2. CONDITIONS OF WORK / REST PERIODS: Coverage – the Title shall apply to employees in all establishments and undertakings whether for profit or not. piece-work. 290 SCRA 509) Benefits to which Piece-Rate Workers are entitled to: (HANS-MOTO) 1. Head: Eeza Ramos. Members of the employer’s family dependent on him for support 4.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER pay-slip. Domestic Servants 5. 3. SSS record. Government Employees 2. Exempt: 1. Holiday Pay Applicable Statutory Minimum Daily Rate Night Differential Pay Service Incentive Leave Meal and Rest Periods Overtime Pay Thirteenth Month Pay Other Benefits • Overtime – work in excess of 8 hours Premium rate for Overtime: Normal 25% ON TOP OF HOURLY RATE Holiday/Rest Day 30% Special Day 30% non agricultural employees who regularly perform their duties away from the office and whose actual hours of work cannot be estimated with certainty. 7. Understudy: Ryan Quan . NLRC 297 SCRA 440 (1998)) Adviser: Atty. and the like can be used to show such a relationship. this includes in its scope “unsupervised employees” (Mercidar Fishing Corporation v. Manuel. ITR. NLRC. 6. 4. Managerial employees • primary duty is management • customarily and regularly directing work of 2 or more employees • with authority to hire • suggestions given particular weight • include officers or members of the managerial staff 3. 5. loans. Field personnel regularly performing duties away from office page 4 of 75 – Those paid by results. 8. pakyaw or task basis – no longer under the same category as those above (Labor Congress v.
Manuel. Understudy: Ryan Quan . Temporary duration Night Shift Differential – work from 10pm 6am. Helpers 4. 3. Employees Adviser: Atty. 4. Businesses with less than 5 workers Kept w/in through cell phones or other contact devices but must remain w/in a certain geographical area 3. When waiver is in consideration of benefits and privileges which may be more than the OT pay Voluntarily agrees to work 9 hours No diminution in pay Value of benefits ≥ 1hr. 2. 10% Note: The Differential does NOT apply to: (GriD-MF) WAITING TIME 1. 5. Head: Eeza Ramos. Less than 60 minutes: counted as working time • minimum 20 minutes COUNTED AS WORKING TIME IF • Integral part of work/required • Engaged by the employer to wait • Required to remain on call in employer’s premises or close so that he cannot use the time effectively for his own purpose • Subject to serious interruption • Takes place under less desirable conditions than EXCEPT 6. 60 minutes and above: not counted as working time 2.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER GR: Overtime compensation cannot be waived Ex: page 5 of 75 – 5. Marlon J. Work doesn't involve strenuous physical exertion 7. Personnel Field 1. Employees SUBJECT TO CALL • Government Retail Domestic Managerial WORKING WHILE SLEEPING 2. OT pay during weekdays OT pay due and demandable even if permitted to work Saturdays Rules on Meal Time 1.
Employee should not have been absent without pay on the working day preceding the holiday. Completion of work started before the 8th hour and is necessary to prevent serious obstruction or prejudice to the business To avail of Holiday pay. Maundy Thursday 3. NO PAY Emergency OT Work allowed when: (C2UN3) 1.1 & Dec. Urgent work to be performed on Machines to avoid serious loss or damage to employer 4. Urgent work to be performed on machinery 3. Nature of work requires continuous operations 4.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER would be likely to exist at employee’s home • Compensab le page 6 of 75 – TRAININGS. Legal/Regular Holidays: 1. Necessary to Prevent loss of life/property or Imminent danger to public safety 5. Abnormal pressure or work 6. Prevent loss/damage to perishable goods 2. Manuel.50% For special day: NO WORK. Necessary to avail of favorable weather or environmental condition Authorized Work on a Rest Day allowed when: (PUNA3) 1. Necessary to prevent loss or damage to perishable goods 6. HOLIDAY PAY Unworked Worked . PROGRAMS. Actual impending emergency 5.if also Rest day 100% 200% 230% MEAL TIME • Required by the employer • Taken for the employer’s benefit PREMIUM PAY FOR WORK ON REST DAYS / SPECIAL DAYS • Rest Day . LECTURES. 31) • Rest Day falls on Special Day . Analogous situations Note: Under time cannot be offset by Overtime.30% (Nov. MEETINGS • Voluntary Attendance • Employee does not perform any productive work during attendance 3. Country at war/National or Local Emergency 2. New Year's Day . Good Friday Adviser: Atty. Understudy: Ryan Quan .January 1 2. Marlon J. Head: Eeza Ramos.30% • Special Day .
Demandable as a legal obligation 2. Christmas Day .Last Sun of August 8.December 30 Does NOT apply to: 1. Labor Day . fixed. Domestic helpers 4. Employers of employees paid purely on commission. National Heroes Day . Gov’t. Those with Multiple Employers 3.June 12 7. Retail and Service Establishments regularly employing less than 10 3.May 1 6. Those Already paying 4. Employers of Household helpers 3. Managerial employees 5. In the nature of wages. Understudy: Ryan Quan • • • Has worked for at least a year 5 days with pay Commutable to its money equivalent if it’s not used or exhausted at the end of the year Does NOT apply to: (GAD-FAME) 1) 2) 3) Government employees Already enjoying benefit Domestic Helpers and those in the personal service of another . Hourly Paid Faculty Members SERVICE INCENTIVE LEAVE page 7 of 75 – 4) basis Field Employees including those in Contract Already with vacation leave with pay of at least Managerial Employees 5) 5 days 6) 7) Employed in establishments regularly employing less than 10 employees 13TH MONTH PAY 1. Field Personnel 6. Not computed as additional benefits Who are entitled? 1. boundary or task basis Adviser: Atty.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 4. Bonifacio Day . Private School Teachers 5. All Rank & File employees who worked at least 1 month 2. Rizal Day . Government employees 2. Provided by law 4. Head: Eeza Ramos. Araw ng Kagitingan . Independence Day .December 25 10. employees 2. Resigned or Separated employees (proportional) NOT entitled: 1. Paid by Result 4.November 30 9.April 9 5. Marlon J. Manuel. not bonuses 3.
pay. Employer realizes profits – depends if nature of benefit is dependent on profit WAGE DISTORTIONS An increase in the prescribed wage rates. holiday pay and COLA UNLESS by individual or collective agreement or company practice or policy. which results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills. OT premium. Consistent & deliberate 3. Organized establishment Adviser: Atty. night differential. Employer knew he was not required to give benefit 4. Manuel. BASIC SALARY • • for purposes of 13th mo. Marlon J. Understudy: Ryan Quan VACATION/SICK LEAVE . Procedure for correcting: 1. or may be distributed to managers. but must be observed when stipulated in a CBA SERVICE CHARGE 85% to Covered Employees – equally distributed among them. General Rule: Act of Gratuity on the part of Employer. length of service. they are treated as basic salary. or other logical bases of differentiations.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 15% Minimum Amount: Not less than 1/12 of total basic salary earned within a calendar year page 8 of 75 – to Management – may answer for the losses and breakages. Can't be demanded Ex: 1.not required by law. Given for a long period of time 2. Head: Eeza Ramos. regardless of position or employment status . BONUS – amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer’s business and made possible the realization of profits. shall include all remunerations or earnings paid by his employer for services rendered but does NOT INCLUDE: allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary such as vacation and sick leave credits.
Issue writs of execution to the appropriate authority for enforcement of their orders Order and administer. 2. or which may be necessary to aid in enforcement of this code or any labor law or order. Dentist. • • • grievance procedure voluntary arbitration (decide w/in 10 days from referral) Unorganized establishment Employer and workers will try to correct the distortion NCMB (10 calendar days--conciliation if unresolved) NLRC (decide w/in 20 days from submission) page 9 of 75 – AND he makes arrangements for the Reservation of necessary bed and dental facilities Hazardous Work Place Full-Time Physician . Part-Time Physician. 5. 4. Head: Eeza Ramos. Dentist & Emergency Clinic 301 or more Full-Time Registered Nurse. 6. after due notice and hearing. 3. Infirmary/Emergency Hospital with a bed capacity of 1 bed per 100 employees EXCEPT when there is a hospital or clinic accessible from the Employer's establishment 1. Understudy: Ryan Quan . Access to employer's records and premises Right to copy records Right to question any employee Investigate any fact. Dental Clinic. condition or matter which may be necessary to determine violations. Full-Time Physician. compliance with the Labor Standards provisions Adviser: Atty.at least 8 hours MEDICAL TREATMENT OF EMPLOYEES GR : First-Aid medicine and equipment made available Training of sufficient Number of Employees to apply First-Aid Treatment 51-200 Employees Full-time registered nurse EXCEPT when the employer doesn't maintain hazardous work places (Licensed First-Aider sufficient) VISITORIAL AND ENFORCEMENT POWER (AR2I2O2) by Secretary of Labor or duly authorized representative: 201-300 Employees Full-time Registered Nurse.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER • • 2. Marlon J. Manuel.at least 2 hours Part-Time Physician .
wage orders & other labor law regulations Adviser: Atty. Head: Eeza Ramos. Understudy: Ryan Quan . Aggregate claims of each employee or househelper does not exceed P5.000 if the claim later exceeds P5. Secretary of Labor 298 SCRA 666 (1998)] 3. No claim for reinstatement 2. Regional Director still retains jurisdiction based on inspection's findings in the nature of enforcement action – [Guico v. Claims arise from EER Note: • Notice and Hearing • Resolution of Complaint within 30 days from filing (Appeal within 5 calendar days to NLRC) • NLRC to resolve appeal within 10 calendar days from submission of last pleading NOT Included: Claims for Employee's Compensation. Order stoppage of work or suspension of operations when non-compliance with law and implementing regulations poses grave and imminent danger to the health and safety of workers in the workplace (only Secretary of Labor has this power) page 10 of 75 – RECOVERY OF WAGES. Provided: 1. Marlon J. Employer contests the findings Note: • Hearing within 24 hours • Employer liable for salaries during suspension operations if found to have caused the violation of • NO TRO or Temporary/Permanent injunction may be issued by an inferior court over any case involving the enforcement orders issued RECOVERY OF WAGES UNDER ARTICLE 129 • Initiated by sworn complaints • Limits proceedings to monetary claims which involve any labor • Adjudication through summary proceedings after notice and hearing of employee’s claims for wages & benefits VISITORIAL & ENFORCEMENT POWER UNDER ARTICLE 128 • Offshoot of inspection • Labor legislation in general • Inspection of establishments & the issuance of order to compel compliance with labor standards.000. Manuel. SIMPLE MONEY CLAIMS & OTHER BENEFITS Jurisdiction: DOLE Regional Director (Summary Proceeding) Claimant : Employee or person in domestic or household service. Social Security benefits.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 7. Medicare Benefits and Maternity Benefits Regional Director cannot enforce results of Visitorial Power when: 1.
Understudy: Ryan Quan . Issues raised requires examination of evidentiary matters 3. 2.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 2. Establish a nursery in a workplace for the benefit of the women employees d. other than agricultural c. 4. Determine appropriate minimum age and other standards for retirement and termination in special cases MATERNITY LEAVE BENEFITS • Has paid at least 3 monthly contributions in the 12-mo. 6. Provide seats proper for women b. 7. unless given a period of rest not less than 9 consecutive hours Exceptions: page 11 of 75 – 5. period immediately preceding the semester of her childbirth or miscarriage • Paid only for the first 4 deliveries or miscarriages • 100% of average salary credit for 60 days if normal or 78 days if caesarean • Woman employee may be married or unmarried Actual or impending emergencies to prevent loss of life/property or force majeure or imminent danger to public safety Urgent work to be performed to avoid serious loss to employer Necessary to prevent serious loss of perishable goods Holds a responsible position of managerial or technical nature or engaged to provide health or welfare service Adviser: Atty. Nature of work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers Immediate members of the operating the establishment or undertaking Other analogous cases family 1. or 12am-6am branch thereof. Commercial or Non-industrial. Manuel. 3. Industrial Undertaking 10pm-6am b. Marlon J. Such matters are not verifiable in the normal course of inspection EMPLOYMENT OF WOMEN NIGHTWORK PROHIBITION a. FACILITIES FOR WOMEN a. Agricultural Undertaking Nighttime. Head: Eeza Ramos. Establish separate toilet rooms and lavatories and provide at least a dressing room for women c.
Favoring over promotion. Influence or Moral ascendance (AIM) over victim • in a Work. Marlon J.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER Paternity Leave RA 8187 – male employee entitled to paternity leave of 7 days with full pay for the first 4 deliveries of the legitimate spouse with whom he is cohabiting FAMILY PLANNING SERVICES. Head: Eeza Ramos. cocktail lounge. requests or otherwise requires sexual favor from the victim. of Labor. Deny benefits or discharge any woman employed to avoid giving benefits 2. under effective control or supervision of the employer for substantial period determined by the Sec. Payment of lesser compensation for work of equal value 2. INCENTIVES FOR FAMILY PLANNING • Maintain clinic or infirmary which shall provide for family planning service • Develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment/enterprise DISCRIMINATION PROHIBITED ACTS OF DISCRIMINATION: 1. Manuel. bar or similar establishment. which may include claims for damages and other affirmative relief • Actions authorized shall proceed independently of each other VOID STIPULATIONS AGAINST MARRIAGE page 12 of 75 – PROHIBITED ACTS (DDD) 1. study and scholarship grants solely on account of their sexes Note: • Institution of any criminal action under this shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims. considered as employee ANTI-SEXUAL HARASSMENT LAW (RA 7877) • victim may be male or female • committed by a person who has Authority. massage clinic. whether or not the latter accedes • either as a condition for employment (pre) or for continuing employment (post) Adviser: Atty. training opportunities. Discharge such a woman on account of her pregnancy or while on leave or in confinement due to her pregnancy 3. Discharge or refuse the admission of such woman upon returning to her work for fear she may again be pregnant CLASSIFICATION OF CERTAIN WOMEN WORKERS Any woman permitted or suffered to work in a night club. Educational or Training (WET) environment MINIMUM EMPLOYABLE AGE • offender demands. Understudy: Ryan Quan .
deep-sea fishing and mechanized farming . Marlon J. blasting. and ministers exclusively to the personal comfort and enjoyment of the employer's family 1. and .when working under under the sole responsibility of his parents or guardian. theater or radio or television is essential. contaminations. exposed to or use of heavy or power-driven machinery or equipment e. If assigned to work in a commercial. dock work. or work conditions including ionizing radiations. Head: Eeza Ramos. and . notice of termination must be given at least 5 days prior Adviser: Atty. Free : Sanitary and suitable living quarters i. health. except (RA 7610) 1) . industrial or agricultural enterprise.child’s employment in public and entertainment or information through cinema. mining. safety and morals In undertakings which are NOT hazardous or deleterious No prohibition page 13 of 75 – c. Medical attendance 6. Compensation already earned + 15 days 7.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER Below 15 Years Shall not be employed. safety. noxious components and the like b. Manuel. Indemnity for unjust termination if there is a Fixed Period of Service i.cost of education shall be part of compensation 4. exposes workers to dangerous environmental elements. chemicals. flammable substances. If under 18 years of age. Adequate food ii. Understudy: Ryan Quan 15-below 18 18 Years Hazardous or Deleterious: a. If no fixed period.the parent or legal guardian shall provide said minor with the prescribed primary and/or secondary education 2) . must not be paid lower than agricultural or non-agricultural workers 3. nor impair his normal development. quarrying. . fire.his employment does not endanger his life. must be given opportunity to finish at least elementary schooling . Treated in a just and humane manner 5. engaged in the manufacture or handling of explosives and other pyrotechnic products d. whose services are usually or desirable for the maintenance and enjoyment thereof. use or are exposed to power-driven tools EMPLOYMENT OF HOUSEHELPERS • engaged in the employer's home.PROVIDED employment contract is concluded by child’s parents or guardian with express agreement of child and DOLE if possible AND employer ensures child’s protection. stevedoring.where only members of the employer’s family are employed and . engaged in construction work. logging. fire-fighting. health and morals. Original Contract not more than 2 years but may be renewed 2.
If their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired Learners Apprentices Adviser: Atty. necessary to prevent curtailment of employment opportunities AND b. Employer of a Homeworker: . Rate to be paid (not less than 75% of applicable legal minimum wage) e.O. Understudy: Ryan Quan . Marlon J. Materials may or may not be furnished by the employer or contractor.sells goods. NLRC 196 SCRA 251 (1991)] EMPLOYMENT OF HOMEWORKERS D. v. page 14 of 75 – EMPLOYMENT OF HANDICAPPED / DISABLED WORKERS • Earning capacity impaired by: age & physical/mental defects • Can be regular if work is usually or necessary or desirable to the business [(Bernardo v. Names and addresses of the handicapped workers to be employed d. does not create unfair competition in labor costs or impair working standards 2.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER Domestic helper is NOT one who works for a staff house / rest house.any person who delivers or causes to be delivered any goods. Eligibility for Apprenticeship .Inc. [Apex Mining Company. Employment Agreement shall state/include: c. Head: Eeza Ramos. NLRC 310 SCRA 186 (1999)] When Employable a. the CRITERIA is that the helper administers to the comfort of the family of the employer in the home of said employer. articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his direction. Industrial Homeworker system of production under which work for an employer or contractor is carried out by a homeworker at his / her home.applies to any person who performs industrial homework for an employer. 5 (1992) . articles for the purpose of having such goods or articles processed in or about a home and then repurchases them himself or through another after such processing. or . Manuel. Duration of employment period f. Work to be performed by handicapped (the agreement is always subject to inspection by SOLE or duly authorized representative) 3. contractor or sub-contractor.
Head: Eeza Ramos. Manuel. Marlon J. Understudy: Ryan Quan .ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER What • persons hired as trainees in semi-skilled and other industrial occupations nonapprenticeable and may be learned through practical training on the job in a relatively short period of time shall not exceed 3 months no experienced workers available prevent curtailment of employment opportunities not to create unfair competition in labor costs and lower working standards • • • practical training on the job supplemented by related theoretical instruction covered by a written apprenticeship agreement with an individual employer or entity needs DOLE approval shall not exceed 6 months only in highly technical industries only in apprenticeable occupations • There is a list of learnable trades by TESDA page 15 of 75 – • • • • • • Ability to follow oral and written instructions • Any form of employment requiring beyond 3 mos. practical training on the job supplemented by related theoretical instruction • No list • When may be hired • • • • • At least 14 years old Possess vocational aptitude and capacity for tests • Ability to comprehend Adviser: Atty.
Sec. Note: Laying down AND executing management policies must CONCUR. lay down and execute management policies b. Supervisory Employee – In the interest of the employer. Absent any grave abuse of discretion or manifest oversight in appreciation of facts and evidence on the supervisor’s part. industrial. restraint. the self-employed and those with no definite employers may form: Labor organizations. Adviser: Atty. or assisting labor organizations freely chosen by workers.Constitution (Art. The right includes: 1. 8. as a general rule such recommendation is given weight. his decision stands. • Ambulant. Managerial Employee – vested with powers or prerogatives to: a. discharge. joining and assistance of labor organizations.) Forming. Head: Eeza Ramos. Sec. joining. LABOR RELATIONS RIGHT TO SELF ORGANIZATION PRIMARY BASIS . whether or not operated for profit. Art. Art. but requires the use of independent judgment. 18. hire. Exercise of such authority is not merely routinary or clerical in nature. 2. PURPOSE: Collective bargaining. XIII. Understudy: Ryan Quan . Managerial and Supervisory Employees 1.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER II. 3) WHO ENJOYS THE RIGHT General Rule: • ALL persons in: Commercial. Marlon J. page 16 of 75 – SPECIAL RULES: A.) Freedom from coercion. lay-off. II. transfer. Sec. charitable. Note: “Effectively recommends” means that while the supervisor’s recommendation is reviewed by management. suspend. and mutual aid and protection. 2. recall. agricultural. PURPOSE: Mutual aid and protection. III. medical and educational institutions. even employees at or near the top of the company hierarchy in terms of business issues may not necessarily be disqualified from joining a union. engaging in lawful concerted activities for collective bargaining. and similar acts that impede the forming. assign or discipline employees. EFFECTIVELY RECOMMENDS managerial actions mentioned above. Hence. Manuel. The management policies referred to pertain EXCLUSIVELY to labor relations. intermittent and itinerant and rural workers. religious.
Security Guards . 245. • Only those terms and conditions not otherwise fixed by law may be subjects of negotiation between the duly recognized employees’ associations and appropriate government authorities EO 180: Adviser: Atty. Head: Eeza Ramos. depending on their rank. [Sugbuanon v.No special rule. Only employees who are not members or co-owners of the cooperative have the right to self-organization. of Labor and Employment. not the level of involvement (or lack thereof) in actual management that disqualifies a member. free to join any union of R & F or supervisors. 2000] page 17 of 75 – C. Laguesma. E. Employees who do not fall under any of the 2 categories are Rank and File (R & F). B. The confidential employee should have access to confidential information and documents pertaining to labor relations. not title thereof that is controlling. 1991] D. assist. with such access being inherent to the confidential employee’s work. Supervisory employees are not eligible for membership in R & F labor organizations. Understudy: Ryan Quan . May 20. since the SC ruled that such would circumvent Art. This is true if the supervisors concerned are directly supervising the work of the R & F employees and the federation is actively involved in collective bargaining in the establishment. It is the fact of ownership / membership. A managerial employee who oversees labor relations. This ruling should be applied strictly to avoid unnecessary curtailment of the right to self-organization. 2. or form separate labor organizations of their own. but may join. v Sec. or form ANY labor organization 5. 4.O. *Atlas and Toyota Shaw Cases Supervisor’s union was not allowed to affiliate itself with the national federation of R & F employees. assist. The rationale for this is that one cannot bargain with himself. [Manila Electric Co. Managerial employees may not join. It is nature of the work. with. Confidential Employees Two Requisites: 1. A fiduciary working relationship. collective bargaining. Manuel. Government Employees • E. February 2. and negotiation. as such are fixed by law and Congressional appropriation. Cooperative Members Collective bargaining is not available to a member of a cooperative who is an employee and at the same time a member and co-owner thereof. Marlon J.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 3. 6. they cannot bargain for higher wages. 180: government employees have the right to organize and bargain collectively • However.
shall. or not to affiliate. be considered an employee for purposes of membership in any labor union. Iglesia ni Kristo) not prohibited from affiliating with labor unions.e. 190 SCRA 130 (1990)] G. [Kapatiran sa Meat and Canning Divison v FerrerCalleja. instrumentalities and agencies of the government including employees of GOCCs with original charters Can form. join or assist employees’ organization for furtherance and protection of interest NOT Covered: (HAPP-FJ) High-level employees AFP Police Officers Policemen Firemen Jailguards Application filed with the BLR Registration is with the CSC or DOLE CSC Chairman and DOLE Sec jointly approve Petition for Certification Election if filed with the BLR F. with labor unions. subdivisions. they Adviser: Atty. International Organizations International organizations are immune from legal process thus the DOLE has no jurisdiction over them. Religious Objectors page 18 of 75 – • cannot be compelled to join unions even with a security clause Right to religion prevails It still leaves to said members the liberty and the power to affiliate. [International Catholic Migration v. 162 SCRA 367] • 2 KINDS OF UNIONS (As to purpose) 1) LABOR ORGANIZATION • For purposes of Collective Bargaining • any union or association of employees in the private sector which exists for collective bargaining purposes or for dealing with employers regarding terms & conditions of employment 2) WORKER’S ASSOCIATION • For mutual Aid and Protection • an association of workers organized for its members' mutual aid and protection or for any legitimate purpose other than collective bargaining Any employee. FerrerCalleja. whether employed for a definite period or not. Head: Eeza Ramos.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER Applies to all employees of all branches. Marlon J. however they have the right to organize for the purpose of maintaining mutual and beneficial cooperation between management and employees. beginning on his first day of service. DEFINITIONS: • Members of religious sects (i. Manuel. Understudy: Ryan Quan .
legal personality stems from an independent action for registration. copy of which shall be submitted to BLR within 30 days from issuance 3. AFFILIATE-refers to an independent union affiliated with a federation. submit Constitution and By-Laws (CBL) and set of officers 4. composed more or less of all the employees in the employer unit. legal personality acquired from the issuance of a certificate of creation. Governing law is the Labor Code for the resolution of the dispute.) CHARTERING of Mother Union to a local union 1. Issuance by Federation of charter certificate to a local/chapter 2. Understudy: Ryan Quan . NATIONAL UNION/FEDERATION-Labor organization with at least 10 locals/chapters or affiliated unions. worker’s association may likewise charter any of its branches AFFILIATION of Independently Registered Union 1. books of accounts are no longer required 5. page 19 of 75 – 7. ratified by a majority of the members of the union. each of which must be a duly certified or recognized collective bargaining agent. reported to the Regional Office and the Bureau BARGAINING UNIT-Group of employees sharing mutual interests within an employer unit.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 1. Head: Eeza Ramos. Manuel.) 3. national union or a chartered local which was subsequently granted independent registration but did not disaffiliate from its federation.) 4.) INDEPENDENT UNION-Labor organization operating at the enterprise level. Marlon J. CHARTERED LOCAL-Labor organization also at the enterprise level.) 2. and participation in the formulation of social and employment policies and standards. assistance in collective bargaining. 5.) file with Regional Office or BLR 2 copies of verified RESOLUTION OF AFFILIATION. TRADE UNION CENTER-Group of registered national unions or federations organized for the mutual aid and protection of members. 6. EXCLUSIVE BARGAINING REPRESENTATIVE-Any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit.Controversy over terms and conditions of employment. to the BLR / Regional Office: 1) a charter certificate (Within 30 days from issuance) 2) CBL and statement of officers Adviser: Atty. LOCAL/CHAPTER should submit the ff.) 8. and a RESOLUTION OF ACCEPTANCE of by the federation / industry union.) LABOR/INDUSTRIAL DISPUTE.
Head: Eeza Ramos. Understudy: Ryan Quan . Manuel. federation) and worker’s association page 20 of 75 – shall be acquired upon the issuance of certificate of registration or certificate of creation (for chartered locals) Adviser: Atty.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER books of account are no longer required Legal personality of labor unions (independent. Marlon J. chartered/local.
list of workers who participated in the meetings Names of all its members comprising at least 20% of all the employees in the bargaining unit Annual financial report if the applicant has been in existence for one or more years. and the list of the members who participated in it. and names of individual members who attended such meetings Financial reports of the applicant association if it has been in existence for one or more years. minutes of *Application for registration of a workers’ association operating in more than one region shall be accompanied. its principal address. unless it has not collected any amount from the member. Minutes of the organizational meetings. its principal address. the minutes of adoption or ratification of the CBL and the date when ratification was made. unless ratification was done in the meeting. c. the name of its officers and their respective addresses. with a statement that it is not reported as a chartered local of any federation or national union. in addition to Adviser: Atty. unless it has not collected any amount from the members. e and f of the requirements for Independent Union: WORKERS’ ASSOCIATION b) c) Name of the applicant union. in which case a statement to this effect shall be included its adoption and ratification. Head: Eeza Ramos. Minutes of the organizational meeting. in which case a statement to this effect shall be included in the application Constitution and By-laws with names of ratifying members. (list of ratifying members may be dispensed with where the CBL was ratified or adopted during the organizational meeting – factual circumstance of the ratification shall be a) b) Resolution of affiliation of at least 10 LLO’s whether independent union or chartered locals(all duly recognized Collective Bargaining agents) Names and addresses of the companies where the affiliates operate plus list all members in each company involved a) b) c) Registration fee Name of the applicant association. in which case such fact shall be reflected in the minutes d) e) d) *Labor organizations operating within an identified industry may also apply for registration as a federation or national union within the specified industry by submitting to the Bureau the same set of documents e) f) Constitution and by-laws (CBL). approximate number of employees in the bargaining unit where it seeks to operate. b. Understudy: Ryan Quan . Marlon J. Manuel.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER REQUIREMENTS FOR REGISTRATION INDEPENDENT LABOR ORGANIZATION a) Registration Fee page 21 of 75 – FEDERATION / NATIONAL UNION In addition to a. names and addresses of its officers.
Marlon J. Manuel. duly approved by its board of directors Adviser: Atty.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER recorded in the meeting) *all required documents shall be certified under oath by the Secretary or Treasurer & attested by the President *1 original copy and 2 duplicates copies of all documents accompanying the application or notice shall be submitted to the Regional Office or the Bureau page 22 of 75 – the requirements in the preceding subsection. by a resolution of membership of each member association. Head: Eeza Ramos. Understudy: Ryan Quan .
ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER
Where to file (a) Report of affiliation shall be filed with the Regional Office that issued its certificate of registration
page 23 of 75 –
(a) Notice of merger of the independent labor unions, chartered locals and workers’ association shall be filed with the Regional Office that issued the certificate of registration (b) Notice of merger of federation shall be filed and recorded with the Bureau (a) minutes of merger convention or general membership meetings of all the merging labor organizations with the list of their respective members who approved the same (b) amended constitution and by-laws and minutes of its ratification, unless transpired in the convention, which fact shall be indicated
(a) Notice of consolidation of the independent labor unions, chartered locals and workers’ association shall be filed with the Regional Office that issued the certificate of registration (b) Notice of consolidation of federation shall be filed and recorded with the Bureau (a) minutes of consolidation convention of all the consolidating labor organizations, with the list of their respective members who approved the same (b) amended constitution and by-laws, minutes of its ratification transpired in the consolidation convention or in the same general membership meetings, which fact shall be indicated accordingly
R E Q U I R E M E N T S
(a) Resolution of the labor union’s board of directors approving the affiliation (b) minutes of the general membership meeting approving the affiliation (c) total number of members and names of members who approved the affiliation (d) certificate of affiliation issued by the federation in favor of the independently registered labor union (e) written notice to the employer concerned if the affiliating union is the incumbent bargaining agent
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER
GROUNDS FOR CANCELLATION REGISTRATION 1. Misrepresentation, False Statement connection with : OF or UNION Fraud in employment below established by law minimum
page 24 of 75 –
4. Entering into CBAs with terms and conditions of
• • • 2. • • • •
adoption/ratification of the CBL or amendments thereto, minutes of ratification and the list of members who took part in the ratification election of officers, minutes thereof, list of officers/voters in the preparation of the financial reports Failure to Submit: CBL, minutes of its adoption/ratification, list of members who took part within 30 days from adoption of ratification or amendments thereto Minutes of the elections of officers, list of officers/voters within 30 days from election Annual financial report to the BLR within 30 days after the closing of every fiscal year
Asking for or accepting attorney's fees or negotiation fees from employer 6. Checking off special assessments or any other fees without duly signed individual written authorizations of the members (other than for mandatory activities under the Labor Code) GROUNDS FOR CANCELLATION OF UNION REGISTRATION Complaint or petition shall be filed in the Regional Office that issued the certificate of registration or certificate of creation of chartered local Complaints involving federations, national unions, its officers or member organizations shall be filed with the Bureau Regional Director resolves the petition. He may appoint a hearing officer from the Labor Relations Division Case shall be raffled
1) 2) 3) 4) 5)
List of individual members to the BLR once a year or whenever required by the BLR 3. Acting as labor contractor or engaging in the 'Cabo System' or otherwise engaging in any activity prohibited by law
Complaint or petition shall be transmitted to the Hearing officer who shall prepare the notice for preliminary conference and cause the service thereof; the preliminary conference shall be scheduled within 10 days from receipt of the complaint or petition
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER
Within 3 days from receipt of the complaint or petition, the hearing officer shall cause the service of summons upon the respondents directing them to file answer or comment and to appear before the hearing officer in the preliminary conference Hearing officer shall conduct the conference within 10 days from receipt of the petition If parties agree to settle amicably, the agreement shall be specified in the minutes and a decision shall be issued within 5 days from the date of mandatory conference If no amicable settlement is reached, the Hearing officer shall proceed with the hearing The hearing shall be limited to clarificatory questions and must be completed within 25 days from the date of the preliminary conference Complaint shall be submitted for decision after the date of the last hearing or upon expiration of 25 days The hearing officer shall have 20 days from the date of the last hearing to decide the complaint or petition
page 25 of 75 –
13) 14) 15) 16) 17) 18)
The notice of decision shall be signed by the hearing officer and shall be released to the parties personally within 20 days from the date of last hearing The decision of the regional director may be appealed to the Bureau while the decision of the Bureau director may be appealed to the Secretary of Labor Memorandum of appeal shall be filed in the Regional Office where the complaint originated Where no appeal is filed within the 10-day period, the decision shall become final The decision of the Bureau or the Secretary shall become final after 10 days from receipt of the parties unless a motion for its reconsideration is filed within the same period Only 1 motion for reconsideration is allowed
7) 8) 9)
10) 11) 12)
PROCEDURE IN CANCELLATION OF REGISTRATION DUE TO NON-COMPLIANCE WITH THE REPORTORIAL REQUIREMENTS
The labor relations division of the Regional Office shall make a report of non-compliance and submit it to the Bureau for verification
Adviser: Atty. Marlon J. Manuel; Head: Eeza Ramos; Understudy: Ryan Quan
Understudy: Ryan Quan . any question of major policy No admission of individuals who are members of subversive organizations Adviser: Atty. Determination by secret ballot. it shall order the cancellation of the registration of the org No registration shall be cancelled by the bureau UNLESS: page 26 of 75 – c) Labor org has not responded to any of the notices sent by bureau or its notices were returned unclaimed RIGHTS AND CONDITIONS OF MEMBERSHIP A. Marlon J. Manuel. POLITICAL RIGHTS 1.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 2) 3) The bureau shall notify the labor org to comply with the requirements and submit proof within 10 days from receipt If no response was received within thirty 30 days from the release of the first notice. the Bureau shall cause the publication of the notice of cancellation of registration of the labor organization in 2 newspapers of general circulation Where no response is received within 30 days from date of publication or where the Bureau has verified the dissolution of the labor org. and b) 1. DELIBERATIVE RIGHTS & DECISION MAKING 4) 5) 6) a) years. Head: Eeza Ramos. OFFICERS DIRECTLY ELECTED by secret ballot at intervals of 5 years No qualification requirement for candidacy to any position OTHER THAN MEMBERSHIP IN GOOD STANDING NO PERSON CONVICTED OF CRIME INVOLVING MORAL TURPITUDE shall be eligible to be an officer of union Officers shall NOT BE PAID ANY COMPENSATION other than salaries and expenses due to their positions as authorized by CBL or written resolution of majority B. 3. another notice for compliance shall be made by the bureau with a warning that failure to comply shall cause the continuation of the proceedings for the cancellation of its registration Where no response is again received within 30 days from release of the 2nd notice. 4. 2. 2. Non-compliance is for a continuous period of 5 Procedures were complied with.
dues. dues NOR disbursements unless duly authorized pursuant to CBL 3. atty. 2. Manuel. Funds shall not be applied for any purpose other than expressly provided in CBL or authorized by majority of members at general meeting 5. Other than mandatory activities. D.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER C. no special assessment. No deduction can be made from the salaries of the concerned employees other than those mandated by law. Understudy: Ryan Quan secretary’s record of the minutes of the meeting 3. negotiation fees or any other extraordinary fees may be checked from any amount due to an employee without individual written authorization Requisites for VALID LEVY OF A SPECIAL ASSESSMENT through CHECK OFF: page 27 of 75 – From what fund can union check off its attorney’s fees? THE UNION should be made to shoulder the expenses incurred for the services of its lawyers and accordingly. Marlon J. 5. No special assessment or other extraordinary fees may be levied unless authorized by written resolution of majority 6. authorization by a written resolution of majority of all the members at the general membership meeting called for the purpose 4. reimbursement should be charged to the union’s general fund or account. No collection of fees. RIGHTS OVER MONEY MATTERS 1. 3. contributions evidenced by receipt and entered into records 4.'s fees. CBA and their rights and obligations under existing labor laws PROTEST ON ELECTION OF OFFICERS Adviser: Atty. No arbitrary. 2. All payment of fees. Head: Eeza Ramos. Books of account and financial records open to inspection by officer/member during office hours Duty of labor organization to inform members of contents of CBL. Full and detailed report of all financial transactions All income and revenue evidenced by a record and every expenditure evidenced by a receipt Treasurer and Officers render a true and correct account of all moneys received and paid: • Since assuming office • Since last accounting • At least once a year w/ in 30 days from close of fiscal year • Other times as required by written resolution of majority 1. individual written authorization . excessive oppressive fines and forfeiture 2. RIGHT TO BE INFORMED 1.
2. within 30 days immediately preceding election of union officers DISAFFILIATION Adviser: Atty. 4. and (2) (2) a petition for interpleader. entity or group that is not a labor organization or worker’s association. VISITORIAL POWER Who: DOLE Sec or duly authorized representative Re: Inquire into Financial Activities of LLO Cause: Complaint under oath supported by the written consent at least 20%of LLO's total membership Prohibited: 1. Understudy: Ryan Quan 1. 6. 3. Marlon J. Head: Eeza Ramos. which must be alleged in the petition Exceptions : (FAIL-U) page 28 of 75 – Requirement for a complaint for Violation of by-laws and rights and conditions of membership: Rule: Minimum of 30% of the members of the Labor Organization Except: when such violation directly affects only 1 or 2 members. 5. This includes: (1) cancellation of registration of unions and workers associations. 7. 8. 60-day freedom period 2.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER • Formalized before Med Arbiter within 5 days from close of Election Proceedings • Decided within 20 working days INTRA-UNION DISPUTES General Rule: Relief must first be sought within the union itself in accordance with its CBL. Futility of intra-union remedies Action for damages Action of the administrative agency is patently illegal. Manuel. arbitrary and oppressive Administrative prejudged the case agency has already Administrative agency was practically given opportunity to act on the case but did not Improper expulsion procedures Issue involved is purely a question of law Lack of jurisdiction of the investigating body Undue delay as to constitute substantial injustice . 9. then such number would be enough to report the violation and seek redress with the CIR Note: Other related labor relations disputes shall include any conflict between a labor union and the employer or any individual.
housing welfare and other projects not contrary to law Certified as the exclusive bargaining representative of all employees in an appropriate collective unit for purposes of collective bargaining Collect reasonable membership fees. Understudy: Ryan Quan . an independent union that affiliates with a federation becomes a local member of the federation. records of dispute settlements. union dues. which is its principal. as well as collective bargaining and other related agreements. Substitutionary Doctrine employees cannot revoke the validity of a validly executed CBA with their employer by the simple expedient of changing their collective bargaining agent the new agent must respect the subsisting CBA • page 29 of 75 – of its affiliates. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS (FUC2S-OA) 1) 2) 3) 4) 5) 6) 7) Furnished with statements of employer the annual audit financial employer cannot renege on the CBA. A local union has the right to disaffiliate from its mother federation. Hence. except to negotiate with the management for the shortening thereof union. in the absence of enforceable provisions in the federation’s constitution preventing disaffiliation. Manuel. Marlon J.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER General Rule: Only during the 60 day freedom period & effected by a majority of the members of the bargaining unit Exception : Outside the freedom period but must still be supported by a majority of the members of the disaffiliating union who must remain bound by the CBA until the CBA's expiration date. Head: Eeza Ramos.g. e. The federation acts for and in behalf Own property (real/personal) for the use and benefit of its members and the labor organization Act as the representative of its members for the purpose of collective bargaining Adviser: Atty. and thus has the status of an agent in relation to the local union. including cooperative. and copies of orders and decisions of labor arbiters. assessments and fines and other contributions Sue and be sued in its registered name INAPPLICABLE to personal undertaking of deposed • • The BLR is the central registry of legitimate labor organizations. A local/independent union maintains its separate personality despite affiliation with a national union/federation.: no strike stipulation Undertake all other activities designed to benefit the organization and its members.
must become union members within a certain period thereafter MODIFIED UNION SHOP . Understudy: Ryan Quan .agreement wherein lost of employees are given a chance to determine who to employ/regularize COVERAGE: General Rule: All employees in the bargaining unit covered by the union security clause are subject to its terms Exceptions: Any employee who at the time the agreement takes effect is a bona fide member of a religious organization which prohibits its members from joining labor unions on religious grounds Employees already in the service and already members of a labor union or unions other than the majority union at the time the agreement took effect Supervisors ineligible under the Act to join the majority union because of the membership therein of employees under their supervision Adviser: Atty. Head: Eeza Ramos. whether or not as regulars HIRING HALL .employees who are not union members at the time of the signing of the contract need not join the union. whether union members or not BARGAINING FOR MEMBERS ONLY .the union is recognized as the exclusive bargaining agent for all employees. Marlon J. remain in good standing with the union EXCLUSIVE BARGAINING SHOP .non-members may be hired. fairness and judiciousness • OBJECTIVE: To assure continued existence of the union CLOSED SHOP . PREFERENTIAL SHOP .agreement wherein management undertakes to give preference to union members in the hiring of employees. as a condition of employment. but to retain employment.the union is recognized as the bargaining agent only for its own members page 30 of 75 – AGENCY SHOP . Manuel. much less their own members except with a high sense of responsibility.an agreement whereby employees must either join the union or pay to the union as the exclusive bargaining agent a sum equal to that paid by the members.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER UNION SECURITY CLAUSE • union can determine membership and prescribe conditions for its acquisition and retention • cannot be used by union officials against an employer. but all present or future members must.no employee is compelled to join the union.only union members can be hired and workers must remain union Workers/members to retain employment UNION SHOP . This is directed against the "free rider" employees who benefit from union activities without contributing to union support o prevent a situation of non-union members enriching themselves at the expense of union members. but all workers hired thereafter should join MAINTENANCE OF MEMBERSHIP .
Manuel. Head: Eeza Ramos. Marlon J. RESTRAINT OR COERCION in their exercise of the right to self-organization. but were to be appraised against the background of and in conjunction with collateral circumstances (history of employer's labor relations + antiunion bias) Doctrine of Successor-Employer: new company will be treated as a continuation or successor of the one that closed in the new or take-over company is engaging in the same business as the closed company or department. • • INTERFERENCE. However. good faith can be a defense by the employer Totality of Conduct Doctrine: culpability of employer's remarks were to be evaluated no only on the basis of their implicit implications. [Insular Life case] no excuse that conduct was unintentional and innocent. Criminal Aspects Must be proved independently from labor case Prosecution not possible until after finality of judgment in the labor case Admin/civil judgment not evidence of ULP insofar as the criminal case is concerned During the pendency of admin proceeding. Use of the SAME OR SUBSTANTIALLY THE SAME EMPLOYEES.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER Employees excluded from the agreement by express terms UNFAIR LABOR PRACTICES Acts opposed to workers' right to organize 2 Elements: 1. Understudy: Ryan Quan . workers. actual interference need not be proved. Retention of CONTROL 2. supervisors or managers Adviser: Atty. Act done is expressly defined in the Labor Code as ULP REMEDIES: 1. and the "closure" is calculated to defeat the worker's organizational right in which case the closure may be declared a subterfuge Factors to Determine Continuity: 1. the running of prescription of criminal offense shall be interrupted ULP OF EMPLOYERS page 31 of 75 – 1. EER between the offender and offended 2. Use of the SAME PLANT OR FACTORY 3. Civil Aspects Labor Arbiter who shall resolve within 30 calendar days from submission for decision recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code substantial evidence enough 2. or is owned by the same people. tendency to interfere is enough.
Understudy: Ryan Quan . Similar or substantially the same work or production under SIMILAR OR SUBSTANTIALLY THE SAME WORKING CONDITIONS 5. Cease and desist order where : • Restrained conduct was an issue in the case • There was a finding of fact on said misconduct • Finding of fact supported by evidence 2. PAY NEGOTIATION OR ATTORNEY'S FEES TO THE UNION OR ITS OFFICERS or agents as part of the settlement of any issue in collective bargaining or any other dispute. hours of work. Payment of Backwages 4. Use of the SAME MACHINERY AND EQUIPMENT 6. INDIRECT DISCRIMINATION against someone who has filed charges or for having given or about to give testimony against the employer under the Labor Code VIOLATION OF DUTY TO BARGAIN 2. Marlon J. Reinstatement. Manuel. 8. ASSISTS OTHERWISE INTERFERES WITH THE FORMATION OR ADMINISTRATION of any labor organization including the giving of financial or other support to its organizers or officers RELIEF IN ULP CASES . • YELLOW DOG CONTRACT . 6. a plant removed to a new location in order to discriminate against employees at the old plant because of their union activities 7.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 4. other terms & conditions of employment) Purpose: to encourage /discourage membership in any labor org Adviser: Atty.contract whereby an employee agrees that during the period of his employment he will not become a member of a labor union CONTRACTING OUT . INITIATES. VIOLATION OF THE CBA Flagrant & malicious refusal to comply with the economic conditions or provisions thereof 9.not subject to compromise 1.services or functions being performed by union members • determining factor: motivation Runaway Shop: industrial plant moved by its owners from one location to another to escape union labor regulations or state laws. Head: Eeza Ramos. DOMINATES. Manufacture of the SAME PRODUCTS or the performance of the same services page 32 of 75 – 5. DISCRIMINATION (wages. 3.
as the Labor Code contemplates the right to FORM a union as one of the rights that may be violated by ULP. RESTRAINT.) 2. Manuel.Accept/ask for negotiation or attorney's fees from employers as part of the settlement of any issue in collective bargaining or any other dispute 6.) 3. while the subjective element is the EMPLOYER’S MOTIVE behind the acts. Disestablishment . Marlon J. benefits. PROMPTLY AND EXPEDITIOUSLY IN GOOD FAITH-All options in arriving at a CBA must first be exhausted (bargain until impasse). ULP OF LABOR ORGANIZATIONS 1. ULP can still be committed. FEATHERBEDDING: employee practices which create or spread employment by unnecessarily maintaining or increasing the number of employees used or the amount of time consumed to work on a particular job page 33 of 75 – 5. and welfare pursuant to this. and grievance adjustment/resolution). INTERFERENCE OR COERCION in their exercise of the right to self-organization Mere tendency to interfere is enough 2. VIOLATION OF DUTY OR REFUSAL TO BARGAIN COLLECTIVELY 4. Head: Eeza Ramos. The acts in question can be one act or a whole series of acts. Bargaining unit Adviser: Atty. The objective standard to determine ULP is if the act has a REASONABLE TENDENCY to interfere with the right to self-organization.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER 3.) MEET AND CONVENE-Labor must initiate by submitting a proposal in the form of a draft CBA. GROSS VIOLATION OF CBA (if not gross. SWEETHEART CONTRACT . Elements: 1. to participate in policy & decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights. not ULP) Flagrant & malicious refusal to comply with the economic conditions or provisions thereof DUTY TO BARGAIN COLLECTIVELY: Participation of Workers in Policy and Decision Making Workers shall have the right subject to such rules and regulations as the SOLE may promulgate. TO NEGOTIATE-Proposals and counter proposals ONLY on the mandatory topics for CBA negotiations (terms and conditions of employment. Order to bargain ULP must be overt acts. Labor-Management Councils may be formed. Even if there is no existing union. CAUSES EMPLOYER TO DISCRIMINATE BETWEEN UNION AND NON-UNION members or members of another union 3.withdrew all recognition from the dominated labor union 4. Understudy: Ryan Quan .
Marlon J.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER • group of employees sharing mutual interest within a given employer unit. will of employees. the basic test of a bargaining unit’s acceptability is whether or not it is fundamentally the combination which will best assure to all employees the exercise of their collective bargaining rights. seasonal. Exclusive Bargaining Representative • legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in the bargaining unit • despite having an EBR. 2. Head: Eeza Ramos. Within 30 days from recognition. the employer and union shall submit a notice of voluntary recognition with the Regional Office which issued the recognized labor union’s certificate of registration or certificate of creation of a chartered local. the employer may voluntarily recognize the representation status of a union. Manuel. notice shall be accompanied with 1 original and 2 copies of the following: a) Joint statement under oath of voluntary recognition b) Certificate of posting of the joint statement for 15 consecutive days in at least 2 conspicuous places in the establishment or bargaining unit where the union seeks to operate c) Approximate number of employees in the bargaining unit. Understudy: Ryan Quan Factors to be considered in determining the appropriate bargaining unit: 1. such as temporary. and d) Statement that the labor union is the only LLO operating within the bargaining unit NOTE: If a union asks the employer to voluntarily recognize it as the bargaining agent of the employees. it in effect asks the employer to certify it as the bargaining representative—a Adviser: Atty. prior collective bargaining history. such as substantial similarity of work and duties or similarity of compensation and working conditions. affinity and unity of employees’ interests. accompanied by the names of those who support the voluntary recognition comprising at least a majority of the members of the bargaining unit. comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit page 34 of 75 – SELECTION OF BARGAINING REPRESENTATIVE: 1. 3. employment status. VOLUNTARY RECOGNITION – process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit IN UNORGANIZED ESTABLISHMENTS with only one legitimate labor organization. and probationary employees In any case. 4. an individual employee or group of employees shall have the right at anytime to present grievances to their employers .
and if so. It is the employees’ prerogative. the running of the one-year period shall be suspended until the decision on appeal has become final and executory 3. the results thereof shall constitute a bar to the holding of a CE for one year from the holding of such consent election 2.of Labor. to determine whether they want a union to represent them. the parties agree to hold a consent election. the sole and exclusive representative of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiation 1.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER certification which the employer has no authority to give. Adviser: Atty. Where an appeal has been filed from the results of the consent election. an establishment may be considered organized insofar as the R & F unit is concerned but not organized insofar as the supervisory unit is concerned. 286 SCRA 692). which one it should be (Samahan ng Manggagawa sa Permex v Sec. Where no PCE had been filed but the parties have agreed to hold a consent election with the intercession of the Regional Office. the sole and exclusive bargaining unit for purposes of collective bargaining • Requirement for valid election: majority of all eligible voters cast their votes page 35 of 75 – • Union to be certified: labor union receiving majority of the valid votes cast What is an Organized Establishment? An enterprise where there is a recognized or certified exclusive bargaining agent Determination of organized establishment status should be at the bargaining unit level. CERTIFICATION ELECTION . Representation Officer . through secret ballot. the results thereof shall constitute a bar to another PCE 3.process of determining. not the employer’s. Head: Eeza Ramos. 2. Manuel. CONSENT ELECTION – process of determining through secret ballot. upon the intercession of the Med-Arbiter. voluntarily agreed upon by the parties. Marlon J. Hence. Understudy: Ryan Quan . RUN-OFF ELECTION (within 10 calendar days from close of election) • 3 or more choices in the Certification Election • results of election: NO CHOICE received majority of valid votes cast • total # of votes for all contending unions at least 50% of total votes cast THUS: conducted between labor unions receiving the 2 highest number of votes The presumption is that there is a valid election. Where a petition for CE had been filed and.person duly authorized to conduct and supervise certification Elections 4. majority of eligible voters voted.e. i.
if a company has a supervisors’ union but no rank and file union. Understudy: Ryan Quan .g. Head: Eeza Ramos. deadlock bar rule. except: expiration of the CBA (a) Within 1 yr from date of a valid certification election Without CBA – anytime except when barred by (b) certification year rule. if med arbiter feels there is a representation achievement. Marlon J. Med Arbiter may still order conduct of CE [California Manufacturing v Laguesma 209 SCRA 606 (1992)] (a) No 25% requirement What is an unorganized establishment? An establishment is considered unorganized when a group of employees qualified to form a union are not properly represented by a union. E. or negotiations bar rule DOLE (Regional Office) Regional Office which issued the certificate of registration of the LLO (b) (a) Written consent of at least 25% of all employees in the bargaining unit Labor Code: 25% not a requisite but makes conduct of CE mandatory if submitted IRR: 25% is a requisite. regardless of the existence of other unions representing other groups of employees. it is considered unorganized Adviser: Atty. Manuel.ATENEO CENTRAL BAR OPERATIONS 2006 Labor Law SUMMER REVIEWER PETITION FOR CERTIFICATION ELECTION ORGANIZED ESTABLISHMENT What Who files When filed page 36 of 75 – UNORGANIZED ESTABLISHMENT (NO CBA) With whom filed Requis ite Verified petition for questioning the majority status of the Verified petition incumbent bargaining agent LLO or employer when requested to bargain collectively LLO or employer when requested to bargain collectively (a)With CBA – within the 60 day freedom period before the Anytime. absence of such is a ground for dismissal of the petition Even if 25% is not achieved.
who decides Secretary decides. Dir. Regional Director transmits MOA to Secretary Party given period to reply to the appeal 15 days to decide. not subject to Motion for Reconsideration if PCE denied. the decision is final and executory. .PROCEDURE: Petition with Med Arbiter Decide d w/in 20 days File appeal with Regional Office but it is Sec. party can file a memorandum of appeal to Reg. decision is final and unappealable if petition is granted in an unorganized establishment.
by-laws. the Election officer shall transmit the records to the Med Arbiter. description of bargaining unit 4. even if one was filed. issue an order proclaiming the results. list of eligible and challenged voters of the certification consent or run-off election is pending. who shall within the same period from receipt of the minutes and results of election. there being a valid election. thereafter protests must be formalized with Med-Arbiter within 5 days from close of election proceedings • Within 24 hours from final canvass of votes. constitution. the resolution of the same will not materially change the results of the elections • All employees in bargaining unit can vote • CHALLENGE: before employees cast vote • Abstention is not a valid vote 4 BARS to holding a Certification Election: 1) ONE YEAR BAR (certification year) • Within 1 yr. No challenge or eligibility issue was raised or even if one was raised. need only to be registered under Art. voluntary recognition or a valid certification. date and time of election 2. 231 • Applies as well after the lapse of the 60 day freedom period when old CBA is extended until a new one is signed Exception: within the freedom period 4) NEGOTIATIONS BAR 2. consent or run-off election and no appeal on the results • when the duly certified union has commenced and sustained negotiation in good faith with the employer . and bargaining authority of the contracting union. as long as it is valid (majority of eligible voters voted) will be a bar for 1 year. 2) DEADLOCK BAR • during the existence of a bargaining deadlock to which an incumbent or certified bargaining agent is a party and which had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout 3) CONTRACT BAR • during the existence of CBA. names of all contending unions 3. No protest was filed or. `otherwise. Even if there is no winner in an election (no union received majority of valid votes cast) or the “no union” choice won. when: 1. it is deemed waived. from issuance of a final certification election result. if there is an appeal the running of the 1-year period shall be suspended Exception: unusual circumstances exist as when a change in the structure of the membership of the contracting union occurs in such a way that a reasonable doubt arises as to whether it remains the labor union which the employees desired to represent them in the first place with an accompanying change in the officials.CONDUCT OF CERTIFICATION ELECTION 1. ELECTION PROPER • Any party in interest may protest to be recorded in the minutes. the same was not perfected within the 5 day period for perfection of the protest 2. the election. CBA need not be certified. NOTICE of at least 10 working days before actual date (2 most conspicuous places) Notice shall include: 1.
not subject to Motion for Reconsideration Registration of CBA • If PCE is denied. except if the union or and existing CBA is unregistered with DOLE APPEAL FOR THE PETITION FOR CE • Med-Arbiter releases the decision whether to grant the PCE personally to the parties on an agreed date and time • If PCE is granted in unorganized establishments – decision is UNAPPEALABLE – remedy for party contesting the decision: protest on the conduct and results of the certification election (MOA) to Regional Director –> MOA stays the holding of any certification election–> Regional Director transmits MOA and other records to the Office of the Secretary –> period to reply to the appeal given to the party in the petition –> Secretary decides –> and the decision is final and executory. shall be heard and resolved by the Regional Director in an INDEPENDENT PETITION FOR CANCELLATION of its registration NOT BY THE MED-ARBITER IN THE PETITION FOR CERTIFICATION ELECTION. fails to submit the 25% support requirement for the filing of the petition for certification election NOTE: Any question pertaining to the validity of petitioning union’s certificate of registration or its legal personality as a LLO. party can file a Memorandum of Appeal What to file When to file Who will file Where to file 2 duly signed copies of the CBA Within 30 days from execution of a CBA Parties to the CBA • Regional Office which issued the certificate of registration/certificate of creation of chartered local of the labor union-party to the agreement • If certificate was issued by BLR. there was “no reasonable effort in good faith” on the part of the employer to bargain collectively. or validity of registration and execution of CBA. with more reason should it not be conducted if. [Capitol Medical Center v. despite attempts to bring an employer to the negotiation table by the certified bargaining agent. Laguesma 267 SCRA 503 (1997)] DENIAL OF CE Grounds for denial of petition for certification election Petitioning union is not a LLO o Either not listed as a LLO or o Legal personality has been revoked or cancelled Petition filed violates any of the Bars to Certification Election Petitioning Union in an organized establishment.in accordance with Article 250 of the Labor Code within the one year period after a certification year * REFUSAL TO BARGAIN BAR • Since law proscribes conduct of CE when there is a bargaining deadlock submitted to conciliation or arbitration. CBA shall be filed with the Regional Office which has jurisdiction over the place where it principally resides • Multi-employer bargaining agreements shall be filed with the .
which notice shall indicate: . Fact that each of the labor unions are the incumbent exclusive bargaining agent for their respective employer units d. the information would be regarded as confidential • In a single enterprise bargaining. if any. provided: only LLO(s) who are incumbent exclusive bargaining agents may participate and negotiate only employers with counterpart LLO who are incumbent exclusive bargaining agents may participate and negotiate only LLO(s) who pertain to employer units who consent to multi-employer bargaining may participate TERM OF CBA As to the representation aspect. which is normally submitted to relevant gov’t. Employers who agree to group themselves or use their existing associations shall send a written notice to LLO’s indicating their desire to engage in multiemployer bargaining. make available such up-to-date financial info on the economic situation. NOT LATER THAN 3 YEARS AFTER ITS EXECUTION COLLECTIVE BARGAINING • Parties shall. 5 YEARS Renegotiation of provisions other than representation aspect. May be initiated by LLO or employers 2. entered into by each labor union with their respective employers 3. LLO who desire to bargain with multi-employers shall send a written notice to this effect to each employer concerned 4. LLO shall execute a written agreement among themselves. Each labor union in the employer unit c. Duration of the CBA. a recognized or certified labor union that desires to negotiate shall submit such intention in writing to the employer together with proposals • Multi-employer bargaining: LLO(s) and employers may agree to come together for collective bargaining. agency Procedure in Multi-employer bargaining: 1. which shall contain: a.BLR Requirements registration for Application for CBA registration shall be accompanied by the original and 2 copies of the following documents: (1) CBA (2) Statement that the CBA was posted in a least 2 conspicuous places in the establishment(s) concerned for at least 5 days before its ratification (3) Statement that the CBA was ratified by the majority of the employees in the bargaining unit of the employer(s) concerned Documents must be certified under oath by the representative(s) of the employer(s) and the labor union(s) concerned • If the disclosure could be prejudicial. at the request of either of them. Names of the labor unions who desire to avail b.
collective bargaining . STRIKES. Meralco v. 3. impedes. 2000). any peaceful picketing by employees during any labor controversy affecting wages. as the latter contemplates a TEMPORARY stoppage of work. depots. and there is no agreement between the parties as to the date of effectivity thereof. Duration of the current CBA if any Bargaining Negotiations: Request to Bargain by union => Counter-Proposal w/in 10 cal days or reasonable period of time NOTE: There is nothing that says the arbitral awards or renewals of CBA’s shall always have retroactive effect. hours. In resolving the motions for reconsideration in this case. including the sites or premises used as run-away shops of the employer struck against as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment 4. STRIKE . plants or offices.temporary refusal of an employer to furnish work as a result of an industrial or labor dispute INTRA UNION DISPUTE includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union. 5. or intimidation.any person who obstructs. (February 2000) Court issued the resolution here that: where an arbitral award is granted beyond 6 months after the expiration of the existing CBA. the Court took into consideration the fact that petitioner belongs to an industry imbued with public interest and cannot ignore the enormous cost in case of full retroaction of the arbitral award. warehouses.a. the arbitral award shall retroact to the first day after the 6-month period following the expiration of the last day of the CBA. and conditions of work or in the exercise of the right of self-organization or collective bargaining STRIKE AREA .R. coercion.any temporary stoppage of work by concerted action of employees as a result of an industrial labor dispute (mass resignation is not a strike. the hold-over principle shall govern. violence.establishment. Secretary of Labor. Parenthetically. including any violation of the rights and conditions of union member ship provided for in this Code STRIKE BREAKER . Manila Electric Company v. No. threats. Balancing this with the interests of social justice. or interferes with by force. Names of employers b. VALID PURPOSE FOR CONCERTED ACTIVITIES 1. the arbitral award in this case would retroact to the first day after the 6-month period following the expiration of the last day of the CBA. LOCKOUT . Fact that each LLO is any incumbent exclusive bargaining agent d. August 1. during the period between the expiration of the economic provisions and the date of effectivity of the arbitral award.) 2. LOCKOUTS AND CONCERTED ACTIONS DEFINITIONS: 1. 127598. Corresponding LLO(s) c. Secretary of Labor G.
2. STRIKE VOTE: LLO or recognized bargaining agent in case of economic strike Cooling off period 30 days 15 days Dispensed with if duly elected officer of union is dismissed such as to constitute union busting Duty of DOLE to exert all efforts at mediation and conciliation to effect a voluntary settlement 30 day/15 day cooling off period mandatory except : cases of union-busting 7-day strike ban mandatory Decision must be approved by a majority of the total union membership in the bargaining unit concerned obtained by secret ballots in meetings or referenda • In his opinion there exists a labor dispute causing or likely • may certify the same to COMPULSORY ARBITRATION the commission to cause a strike or lockout in an INDUSTRY INDISPENSABLE TO THE NATIONAL INTEREST for AUTOMATICALLY ENJOINS the intended on impending strike or lockout but if one has already taken place. Mandatory: (within 24 hours) • Effect: • In labor disputes adversely affecting the continued operation of HOSPITALS. supported by rational evidence as to the existence of ULP is sufficient. Discretionary 1. thus. PERSONALITY 2. REPORT OF STRIKE DOLE must be furnished with the VOTE RESULTS: results of the voting at least 7 days before the intended strike or lockout subject to the cooling off period (7 day strike ban) DOLE informed of meeting 24 hours before ASSUMPTION OF JURISDICTION BY SECRETARY OF LABOR UNDER ART 263(G) (resolved within 30 calendar days) 1. ULP [good faith of the strikers. Deadlock in CBA negotiations [after reasonable efforts] 2. called for that purpose (or of the BoD of the corp. not strikeable. case of a lockout 3. OR MEDICAL INSTITUTIONS . CLINICS. depending on circumstances] Violations of CBA that are NOT FLAGRANT AND/OR MALICIOUS refusal to comply with economic provisions are not ULP. NOTICE OF STRIKE Bargaining deadlocks: ULP : 2. all striking or locked out employees SHALL IMMEDIATELY RETURN TO WORK and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lock-out 2. mutual benefit and protection GROUNDS FOR STRIKES AND LOCKOUTS : 1.
violence. coercion. threats. Torres 210 SCRA 565 (1992)] PROHIBITED ACTIVITIES in STRIKES and LOCK-OUTS 6) 7) 1) 2) strike or lock-out without first having bargained collectively strike or lock-out without the necessary notice being filed with the DOLE strike or lock-out without the necessary vote first having been obtained and reported to the DOLE 8) . where movement and service shall be unhampered and unrestricted as are necessary to insure the proper and adequate protection of the life and health of its patients most especially emergency cases for the duration of the strike or lock-out strike or lock-out after DOLE has assumed jurisdiction or the President or after certification or submission of dispute to the compulsory arbitration/voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout knowingly participating in illegal strike or knowingly participates in the commission of illegal acts during a strike ground for termination of employment obstruct. or any armed person in any manner of any individual who seeks to replace strikers in entering or leaving the premises of a strike area or work in place of strikers commit any act of violence. introducing. including officers and personnel of the AFP or PNP. the same must be involved in the labor dispute itself. NLRC is final and executory after receipt thereof by the parties.• Duty of striking union or locking out employer to provide 3) and maintain an effective SKELETAL WORKFORCE of medical and other health personnel. or interfere with by force. coercion or intimidation while engaged in picketing or obstruct the ingress or egress from the employer's premises for lawful purposes or obstruct public thoroughfares (must be pervasive and widespread/consistently and deliberately resorted to as a matter of policy) 4) 5) POWER OF THE PRESIDENT UNDER ART 263(G): 1. or escorting by any public officer or employee. impede. which are in his opinion indispensable to national interest 2. or otherwise submitted to him for resolution. Scholastica’s College v. may determine the industries. Secretary of labor. [St. or intimidation any peaceful picketing by employees during any labor controversy or shall abeit or aid such obstruction or interference employment or use of any strikebreaker/ employed as a strike breaker bringing in. may intervene at any time and assume jurisdiction over any such labor dispute in order to settler or terminate the same Decision of the President. How can the SOLE take cognizance of an ISSUE which is merely incidental to the dispute (not a mandatory issue)? Before the SOLE may take cognizance of an issue which is merely INCIDENTAL to the labor dispute.
7 (g) of D. the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement REQUIREMENT FOR ARREST. or blocking of ingress and egress routes are resorted to. work or service directly related to the business or operation of the principal by reason of a strike or lockout whether actual or imminent.Union officer who knowingly participates in an illegal strike . Personnel related by affinity or consanguinity within the 4th civil degree to any official/leader of the parties in the controversy or has any financial or pecuniary interest therein . trustees.Member who participaates in the commission of illegal acts Members of a union cannot be held responsible for an illegal strike on the sole basis of such membership or even on account of their affirmative vote authorizing the same. DETENTION OF UNION MEMBERS/ORGANIZERS FOR UNION ACTIVITIES GR: previous consultations with the SOLE Exceptions: grounds of national security and public peace in case of commission of a crime GUIDELINES FOR THE CONDUCT OF THE INP/AFP PERSONNEL DURING STRIKES/LOCKOUT AND LABOR DISPUTES IN GENERAL** Involvement limited to the: a. strike is still valid and only perpetrators are accountable. or Air Force only when directed by the President or personally by the Secretary of National Defense upon consultation with the Secretary of Labor and Employment or when requested by the latter. Navy. termination of ees. coercion. maintenance of peace and order b. CAPCOM or METRODISCOM may call upon the Constabulary to render assistance 3) Personnel from the army. ULP due to union discrimination. enforcement of laws and legal order of duly constituted authorities c.*See Sec. no pay Exceptions: 1. strike continues 2. 10. A lawful strike may become illegal if violence. or the partners holding the controlling interest vote and accept the improved/reduced offer.not allowed to render services in connection with a strike or lock-out .O. there is a return to work order and employer does not accept them. now Sec. discriminated employees discharged – should be paid Defiance of a return to work order is a ground for dismissal. if violence is in large scale. performance of special functions as may be provided by law 1) Elements of the Police Force should first be called upon to render assistance 2) When it is unavailable or inadequate. NOTE: If violence is only in small scale. EFFECTS OF ILLEGAL STRIKE The following may be deemed to have lost employment status: . IMPROVED OFFER BALLOTING . 6 (e) of DO 18 regarding prohibition on contracting out a job. the strike is rendered illegal. GR: During strike: No work.Referendum by secret ballot involving union members on the improved offer of the employer on or before the 30th day of a strike where at least a majority of the union members/BOD.
appropriate disciplinary action shall be takes against the erring personnel JURISDICTION OF VOLUNTARY ARBITRATORS VOLUNTARY ARBITRATOR – any person accredited by the Board as such. with or without the assistance. personnel shall observe strict neutrality in his dealings with both parties to the controversy • stationed such that their presence may deter commission of criminal acts from either side • maintain themselves outside a 50 meter radius from the picket line except if the 50 meter radius includes a public thoroughfare.PEACE-KEEPING DETAIL • personnel detailed shall be in uniform. sheriff. picket or lock-out is legal or not should be left to DOLE • personal escort only upon direction of competent authority • other party shall be informed accordingly • all escorts shall be in uniform at all times SOCIALIZING/LIAISON • discouraged from socializing with any of the parties involved during the pendency • shall not. pursuant to a selection procedure agreed upon in the CBA 1. blunt or pointed instruments and firearms or explosives in violation of PD 1896 SERVICE OF DOLE. or one chosen by the parties. representative of the govt.. under any pretext. and union for the purpose of maintaining peace and order as well as to maintain a continuing peaceful dialogue ADMINISTRATIVE ACTION • all complaints/reports leveled against any personnel of the INP/AFP on the occasion of strike/lock-out shall be acted with dispatch • whenever applicable. mgt. 06 such as knives. COURT OR LAWFUL ORDERS/WRITS • primary concern of the DOLE representatives. Original and Exclusive • all unresolved grievances arising from the interpretation or implementation of the CBA . they may station themselves in such public thoroughfares for the purpose of insuring the free flow of traffic ARRESTS/SEARCHES AND SEIZURES • effected only on the basis of an existing and valid warrant • any person who obstructs the free and lawful ingress to and egress from the employer's premises or who obstructs public thoroughfares may be arrested and accordingly charged in court • as well as any person who shall have in his possession deadly weapons in violation of BP Blg. of the Board. and if the evidence so warrants. accept an invitation from either of the parties • liaison established and maintained with representatives of DOLE. or any person named or designated in the CBA by the parties to act as their voluntary arbitrator. agency issuing the order respectively • role of the AFP/INP is only supportive ADMINISTRATIVE JURISDICTION • determination of whether a strike. with proper namecloth at all times. bolos.
if not resolved at the plant level 2.• those arising from the interpretation enforcement of company personnel policies or wage distortion. final if unsettled after 7 calendar days from submission Automatically referred to voluntary arbitrator III Award to be made w/in 20 cal. All other labor disputes AGREED to be referred to it by the parties PROCEDURE: Grievance machinery. days Decision or award shall become final and executory after 10 calendar days • .
PROBATIONARY General Rule: Not to Exceed 6 mos. TERMINATION OF EMPLOYMENT SECURITY OF TENURE Coverage: applies to all establishment or undertakings whether for profit or not CLASSES OF EMPLOYEES 1. he shall be considered a REGULAR employee 3. so that even if the period is more than 1 year.must be for the same or similar tasks. REGULAR • engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer • may be terminated only for just / authorized causes 2. the period is not the determining factor. (Book VI Rule I) • Despite 6. Job is usually necessary or desirable in the usual business or trade or business (UNOD in UTOB) AND b. vital and indispensable to the business (Maraguinot case) 4. PROJECT • one whose employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of engagement of the employee. he is considered a REGULAR employee with respect to the activity in which he is employed and his employment shall continue while such activity exists the distinction between regular and casual employment.IV. CASUAL • activity performed is not usually necessary or desirable in the usual business or trade of the employer. whether such service is continuous or broken. FIXED TERM . Repeated rehiring . not project and not seasonal • Except: if he has rendered at least 1 year of service. employee does not necessarily become regular) • becomes regular when: a. every employee shall be entitled to the same rights and privileges. Except: a) covered by an apprenticeship agreement stipulating a longer period b) voluntary agreement of parties (especially when nature of work requires a longer period) c) the employer gives the employee a second chance to pass the standards set May be terminated: a) for just / authorized causes b) when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to employee at the time of his engagement If allowed to work after the probationary period. and shall be subject to the same duties as may be granted by law to regular employees during the period of their actual employment. SEASONAL • one whose work or services to be performed is seasonal in nature and the employment is for the duration of the season 5.
furthermore. 2. 2. duress. • Elements of Misconduct as a just cause for dismissal: 1. October 11. To be serious within the meaning and intendment of the law. Aeolus v NLRC (2000)] • Elements of Willful Disobedience as a just cause for dismissal: 1. there must be an OVERT/ACTUAL ACT. October 4. • Previous infractions by the employee should have been acted upon appropriately by the employer before terminating the former. • For managerial/confidential employees. the worker should have been entrusted with the custody of money of property by the employer. the misconduct must be of such grave and aggravated character and not merely trivial or unimportant (Villamor Golf Club v Pehid. . 3.• period is agreed upon knowingly and voluntarily by the parties without force. Gross And employee of his duties habitual Neglect by the • GROSS and HABITUAL must concur together. a forbidden act. the transgression of some established and definite rule of action. employee’s assailed conduct was willful or intentional. the willfulness being characterized by a wrongful and perverse attitude. employee has become unfit to continue working for the employer [Phil. serious. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them. the order violated must have been reasonable. MERE CIRCUMSTANCES tending to show loss of confidence are enough. 2005). 2005). lawful. acts ARE NOT necessary.improper or wrong conduct. 2. made known to the employee and must pertain to the duties which he has been engaged to discharge (Micro Sales Operation Network v NLRC. 1. 3. relate to the performance of the employee’s duties. Fraud or Willful breach by employee of the Trust reposed in him by his employer or duly authorized representative (not mere suspicion) • For R & F workers. or improper pressure exerted on the employee • satisfactorily appears that employer and employee dealt with each other on more or less equal terms with no moral dominance exercised by the employer on the ee • term employment is not resorted to defeat the rights of the workers’ rights TERMINATION JUST CAUSES Grounds: SoMe WiD GAN FWeT CO Serious Misconduct or Willful Disobedience by the employee of the lawful orders of his employer or representative in connection with his work (work-related) • Serious misconduct . and implies wrongful intent and not mere error in judgment. a dereliction of duty. willful in character. • Implies a want or absence of or failure to exercise slight care or diligence. or the entire absence of care.
4. The losses expected should be substantial and not merely de minimis in extent. For private sector employees. October 14. The employer should have taken other measures prior or parallel to retrenchment to forestall losses. Commission of a Crime or offense by the employee against the person of his employer or any immediate member of his family or duly authorized representative • A criminal case need not be actually filed. and the expected imminent losses must be proved by sufficient and convincing evidence (Oriental Petroleum & Minerals Corp. Redundancy • exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise • a position has become superfluous as an outcome of a number of factors such as overhiring of workers. 3. Retrenchment • resorted primarily to avoid or minimize business losses • Standards to justify retrenchment: 1. • Procedure for retrenchment to be valid: . 5. dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise (THUS IT ONLY REQUIRES SUPERFLUITY NOT DUPLICATION OF WORK) • The redundancy SHOULD NOT have been created by the EMPLOYER. infractions should merit only the corresponding sanction demanded by the circumstances. conduct or omission [Farrol v CA (2000)]. decreased volume of business. immorality is sufficient cause for termination. The substantial loss apprehended must be reasonably imminent 3. Sexual Harassment-Commission of acts constituting such is enough. 2. it can only be a ground if it is work related. Being quarrelsome/bossy Gross inefficiency 2. NOTE: Sexual harassment (used in ordinary sense) may still be a ground for termination even if it will not fall under the restrictive definition of “sexual harassment” under RA 7877. Although the employer has the prerogative to discipline or dismiss its employee. Commission of acts constituting a crime is sufficient. The alleged losses if already realized. 2005). AUTHORIZED CAUSES Grounds: 1. • • • • Other causes analogous to the foregoing Immorality. a criminal case need not be filed. The penalty must be commensurate with the act. It be reasonably necessary and likely to effectively prevent the expected losses. v Fuentes. For public sector employees. Introduction of labor-saving devices • view to effecting more economy and efficiency in its method of production 4.
The standard for determining such is the TOTALITY OF CONDUCT doctrine. supra). October 25. AILMENT OR DISEASE (other authorized causes: non-economic ground) • when his continued employment is prohibited by law or prejudicial to his health or to the health of his coemployees • there is a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of 6 months even with proper medical treatment The requirement for a medical certificate cannot be dispensed with. it must NOT be in BAD FAITH. and 4) proof of claimed financial losses (Oriental Petroleum. such as 1) less preferred status (as in the case of temporary employees). otherwise. and use of a fair and reasonable criteria in carrying out the retrenchment program.(a) 1-month prior notice to the employee. Closure not due to losses. 2) efficiency rating. 3) seniority. Closure of business as a result of grave financial loss 5. • Redundancy NOTE: 1 month pay for every year is always higher if the employee has served for more than 1 year. In cases of closure. it would sanction the unilateral and arbitrary determination by the employer of the gravity or extent of the employee’s illness and thus defeat the public policy on the protection of labor (Manly Express v Payong. BACKWAGES • granted on grounds of equity for earnings which a worker has lost due to his illegal dismissal. 2005) NOTICE AND SEPARATION PAY . • Retrenchment to • 1 month pay or at least 1/2 prevent losses month pay for every year of service whichever is higher • Closures or cessation of operations of establishments or undertaking NOT due to serious business losses or financial reverses • Disease * A fraction of at least 6 moths shall be considered as 1 year. - (b) written notice served on the worker and the DOLE at least 1 month before the intended date thereof SEPARATION PAY: • 1 month pay or 1 month pay for every year of service whichever is higher. • full backwages are to be awarded to an illegally dismissed employee and should not be diminished or reduced by earnings derived elsewhere • Installation of laborsaving devices 4.
) Strained relations . 3) DAMAGES a) Moral . present his own evidence. a hearing or conference where the employee. attended by fraud.2000) Termination due to authorized cause without giving the notice required under the Labor Code is not a violation of due process. or is oppressive to labor. the Secretary of Labor may suspend the effects of the termination EFFECTS OF REMOVAL WITHOUT CAUSE: equivalent. SEPARATION PAY 2 instances when reinstatement is not possible: a. January 27. b) Exemplary . morals. EFFECT OF REMOVAL WITH CAUSE BUT WITHOUT DUE PROCESS Serrano (G.If the dismissal is wanton. oppressive. Back wages must be paid regardless of whether or not the employee has since found work elsewhere. It is valid although declared irregular/ineffectual. right to contest the validity or legality of his dismissal by filing a complaint with the NLRC 5. is against public policy. Back wages are computed by assuming that there was NEVER ANY TERMINATION. they must be paid in full from time of illegal dismissal (there is no longer a maximum period).applies only to managerial/confidential employees.DUE PROCESS 1. inclusive of allowances and other benefits or their monetary • When the dismissal is without just or authorized cause. burden of proof is with the employer 6. who may be assisted by counsel if he so desires. 1) entitled to REINSTATEMENT without loss of seniority rights and other privileges If reinstatement is no longer possible. whether dismissed for just cause or authorized cause but without prior notice. the employee. He shall however be entitled to SEPARATION PAY AND BACKWAGES subject to the following rules: • When the dismissal is for a cause. Hence. is given the opportunity to respond to the charge. entitled to FULL BACKWAGES. written notice of termination served on the employee indicating that grounds have been established to justify his termination based on due consideration of all the circumstances 4. it would be as if EE had been working in company all the time.If the dismissal is in bad faith. is entitled to full backwages from the time he was terminated until the decision finding cause becomes final. 2) . good customs. or malevolent. SUSPENSION OF EFFECTS PENDING RESOLUTION: if there is a prima facie finding that the termination may cause a serious labor dispute or is in implementation of mass layoff. Hence. backwages shall be computed from the time of his dismissal until his actual reinstatement. or rebut evidence against him 3. Back wages are punitive in relation to the employer.) Position has been abolished – applies to both managerial and rank and file. 117040.R. b. written notice containing a statement of the causes for termination 2.
such as in the case of security guards who have no assignment. 279 to the effect that termination is illegal only if it is not for any of the justified or authorized causes provided by law.” The indemnity should be in the form of nominal damages.) Such a status should not exceed sixmonths. Nov. ABANDONMENT • means the deliberate. DISMISSAL IN RELATION TO CLOSED SHOP AGREEMENT a. w/o procedural due process is not an illegal dismissal which warrants backwages. WITHOUT JUST CAUSE 1. 17. including reinstatement. The Court decided to follow Wenphil that where the dismissal is for a just cause. pay later. b. and 2) an overt act from which it may be inferred that the employee has no more intent to resume his/her work.) No formal dismissal b.) The company must conduct an independent investigation of the charges before taking action. which is adjudicated in order that a right of plaintiff. Grounds a. which has been violated by the defendant. at least 1 month prior notice 2.) It is legal.) The company cannot dismiss an employee on the mere allegation of the union. other causes analogous to the foregoing 2. the employer should indemnify the employee for the violation of his rights. • this is negated by immediate filing of an action for ILLEGAL DISMISSAL RESIGNATION a. although a case of termination for authorized cause also covers termination due to just cause. unjustified refusal of an employee to resume his/her employment.NOTE: Serrano. no separation pay is due. Payment of backwages and other benefits. Notice not necessary . Agabon vs NLRC.) The employee is placed in a situation by the employer such that his continued employment has become UNBEARABLE. b. if it does. inhumane and unbearable treatment accorded to the employee c. if termination is due to just causes. The indemnity should be stiffer than that provided in Wenphil to discourage the abhorrent practice of “dismiss now. is justified only if the employee was unjustly dismissed. may be vindicated. the lack of statutory due process should not nullify the dismissal or render it illegal. FLOATING STATUS a. • Two elements must be proved: 1) the intention to abandon. serious insult on the honor and person of employee by the employer or his representative b. 2004 modifies Serrano Dismissal for an authorized or just cause. However. employee may be held liable for damages for failure to give notice b. employee entitled only to nominal damages The Court interpreted Art. commission of a crime against person of the employee or any of the immediate members of his family d. CONSTRUCTIVE DISMISSAL a. WITH JUST CAUSE 1. it amounts to a dismissal.
fixing. operations employing not more than 10 employees B. KINDS: 1. so that employer must pay deficiency in case agreed amount be less than the above V. • must not exceed 1 month • only for the purpose of investigating the offense to determine whether he is to be dismissed or not.NOTE: Resigning employee not entitled to separation pay. WHO ARE EXEMPTED: 1. company retirement plan. plus 2. 2 + no. OPTIONAL . unless company policy gives it. maintaining. 1 + no. fulfillment by the employee of a military or civic duty • Employer shall reinstate the employee to his former position without loss of seniority rights IF employee indicates his desire to resume his work not later than 1 month from resumption of operations of his employer or his relief from the military or civic duty PREVENTIVE SUSPENSION • justified where the employee’s continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers (there is a REASONABLE POSSIBILITY of the employee posing such a threat). DISPUTE SETTLEMENT LABOR DISPUTE • includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating. changing or arranging the terms and conditions of employment. 3 = n x years of service. • if more than 1 month. regardless of whether the disputants stand in the proximate relation of employer and employee . retail. considered as 1 whole year 4. service. agricultural establishments 2.5 days)15-day basic wage. the employee must be actually reinstated or reinstated in the payroll • officers liable only if with malice and bad faith RETIREMENT PAY LAW (RA 7641) A. 5-day Service incentive leave pay plus *a fraction of at least 6 mos. (22. or employment contract. COMPULSORY .65 years old/ regardless or years of service (company not bound to dismiss employee) C. 2. EMPLOYMENT NOT DEEMED TERMINATED a. plus 3. BENEFITS: 1/2 month salary per year of service which shall include: 1. This depends on the stipulations in the CBA.60 years old / 5 years in service (includes authorized absences/vacations/regular holidays/mandatory military or civic service). IT IS NOT A PENALTY. other benefits as maybe agreed upon by er and ee MINIMUM ~ no. 1/12 of the 13th month pay. bona fide suspension of the operation of a business/undertaking for a period of not more than 6 months b. minimum only.
COMPROMISE AGREEMENTS • open and accessible to interested parties under • if voluntarily agreed upon by the parties with the assistance of the BLR or the regional office of DOLE final and binding upon the parties • the only time NLRC or any courts can assume jurisdiction over issues involved therein: a. national unions. Keep registry of LLO b. in case of non-compliance thereof b. industry unions. if there is prima facie evidence that the settlement was obtained through fraud. copies of orders. POWER TO ISSUE SUBPOENA conditions prescribed by the Secretary of DOLE. grievances or problems arising from or affecting labor-management relations in all workplaces EXCEPT those arising from the implementation or interpretation of the CBA which shall be the subject of grievance procedure and/or voluntary arbitration d. Intra-union conflicts • when relevant to a labor dispute under its jurisdiction either at the request of any interested party or at its own initiative 4. PRIVILEGED COMMUNICATION • information and statements made at conciliation meetings shall NOT be used as evidence in the NLRC • conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceeding conducted by them . its officers or member organizations 2. JURISDICTION a. and decisions of voluntary arbitrators c. Complaint involving federations. provided that no specific information submitted in confidence shall be disclosed UNLESS authorized by the Secretary OR when it is at issue in any judicial litigation OR when public interest or national security so requires • submitted within 30 days from execution of CBA to the BLR/DOLE for registration accompanied with verified proofs of its posting in 2 conspicuous places in the place of work and ratification by the majority of all the workers in the bargaining unit 5.BUREAU OF LABOR RELATIONS • original jurisdiction: appeal to Office of the Secretary • appellate jurisdiction: decision shall be immediately executory upon issuance of entry of final judgment 1. misrepresentation or coercion 3. REGISTRY OF UNIONS AND FILING OF COLLECTIVE AGREEMENTS a. records of settlement of labor disputes. Maintain a file of all CBA and other related agreements. All disputes. Inter-union conflicts b.
grave abuse of discretion b. POEA • Appeal to Secretary of DOLE within 10 cal days o cancellation/ revocation/ supervision of license or authority • Appeal to NLRC within 10 cal days o violation of overseas employment contracts o disciplinary cases filed against overseas contract workers • Original and exclusive jurisdiction over all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino overseas workers including disciplinary cases. MED-ARBITERS/BLR Original Jurisdiction: appeal to the Office of the Secretary Appellate Jurisdiction: appeal to CA on certiorari 1. APPEAL • within 10 days to the Secretary • GROUNDS: • a. exemplary and other forms of damages arising from employer-employee relationship 5.6. claims for actual. upon agreement of parties = any dispute B. including questions involving the legality of strikes and lockouts 6. inter-union conflicts (representation issue/cancellation of registration) . all other claims arising from employer-employee relationship involving an amount exceeding P5000 regardless of whether accompanied by a claim for . rates of pay. termination disputes 3. petition for certification election (Med Arbiter) 2.BLR 4. unresolved grievances arising from the interpretation or implementation of the CBA EXCEPT gross violation of the CBA • unresolved within 7 cal days from submission to grievance machinery • monetary claim based on a CBA provision is under the exclusive jurisdiction of the grievance machinery & VA 2. claims for wages. and all pre-employment cases which are administrative in character involving or arising therefrom. VOLUNTARY ARBITRATORS • supervised by National Conciliation and Mediation Board (NCMB) • cases decided within 20 cal days. cases arising from prohibited activities during strikes. or violations of the conditions for issuance of license or authority to recruit workers D. appeal with BLR C. LABOR ARBITERS/NLRC LABOR ARBITER’s jurisdiction 1. unresolved grievances arising from the interpretation or enforcement of company personnel policies 3. intra-union conflicts (election of officers/ compliance with CBL) – Regional Director. registration of CBA/ Labor Org 3. moral. gross incompetence SUMMARY OF JURISDICTION A. ULP (priority resolved within 30 cal days from submission for decision) 2. final within 10 cal days 1. hours of work and other terms and conditions of employment 4.
reinstatement except ECC. Secretary of DOLE enforcement power (inspection) • no limit to claims adjudicatory power maximum of P5000 total claim/employee • summary appeal to NLRC within 5 calendar days 3. SSS. pure questions of law d. APPEAL furnish other party within 10 caldays answer. raised serious errors in the findings of facts which could cause grave or irreparable damage or injury to the appellant e. order or award was secured through fraud or coercion including graft and corruption c.EXCLUSIVE appellate jurisdiction over all cases decided by Labor Arbiters OCULAR INSPECTION by Labor Arbiter & NLRC at any time during working hours APPEAL • WHEN: within 10 calendar days from receipt of decision of LA • GROUNDS: a. REGIONAL DIRECTORS 1. additional Requirement: in case of judgment involving a monetary award-employer (appellant) may perfect the appeal only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the NLRC in the amount equivalent to the monetary award in the judgment appealed from ORDER OF REINSTATEMENT OF LABOR ARBITER • self-executing with no need for a writ of execution • immediately executory even pending appeal • either admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or merely reinstated in the payroll ( at the option of the employer. prima facie evidence of abuse of discretion on the part of LA b. 2. ENFORCEMENT: -any law enforcement agency may be deputized by the Secretary of DOLE of the NLRC -issuance of writ of execution on a judgment within 5 years from date it becomes final and executory motu proprio or in motion of any interested party E. the decision. then within 20 caldays decision by NLRC. then within 10 caldays finality b. Medicare. but which choice must be communicated to the employee by the employer) • posting of a bond shall not stay the execution of reinstatement FILING OF MEMORANDUM OF: a. & maternity benefits NLRC . violation of the CBL and right and conditions of membership PRESCRIPTIVE PERIODS ULP 1 year MONEY CLAIMS 3 years OFFENSES UNDER LC 3 years ILLEGAL DISMISSAL 4 years .
designated by the Collective bargaining agents in the bargaining unit unorganized -.Productivity Incentives Act of 1990 Labor-Management Committee . if they represent their organizations or members thereof B.1/2 (percentage increase in the productivity of the business enterprise) .granted salary bonuses = increases in current productivity over the average for the preceding 3 consecutive years .both management and labor shall have equal voting rights . Attorney's Fees. any presiding Commissioner or any labor arbiter to exercise compete control of the proceedings at all stages APPEARANCES AND FEES A.contract.elected by at least a majority of all rank and file employees who have rendered at least 6 months of continuous service Productivity Incentives Program .productivity granted .CBA negotiations charged against union funds in an amount to be agreed upon by parties attorney's fees may be charged against union funds in an amount to be agreed upon by the parties . When non-lawyers appear before the NLRC/LA 1.representations of labor organized -.Proceeding for recovery of wages may be assessed against monetary benefits awarded (10%) . agreement to the contrary shall be VOID RA 6971 -.entitles employer to special deduction from gross income equivalent of 50% of the total allowable ordinary and necessary business deductions for said bonuses under the NIRC .PROCEDURE • the rules of evidence prevailing in courts of law or equity shall not be controlling • it is the spirit and intention of this Code which shall be used as reasonable means to ascertain the facts in each case • without regard to technicalities of law and procedure all in the interest of due process • parties may be represented by legal counsel but it shall be the duty of the Chairman. negotiations fees or similar charges of any kind arising from any collective bargaining negotiations or conclusion of the collective agreement shall be imposed on any individual member of the contracting union .contains provisions for the manner of sharing and the factors in determining productivity bonuses . if they represent themselves 2.
legitimate descendants beneficiary 3. and financial institutions with original charters. Dependent Spouse until remarriage AND a. branches.VI. Dependent Children Dependent Parents Dependent Parents. business. natural or judicial. If no beneficiary qualifies under the Act. AND *Absent primary and secondary beneficiaries. JUDICIARY A. including GOCCs. branches and instrumentality. any Legitimate descendants subject to restrictions on other person designated by member as secondary dependent children. including GOCCs a. its political subdivisions. PRIMARY 2. SALIENT FEATURES OF THE SSS LAW AND GSIS LAW Social Security Act of 1997 (RA 8282) EMPLOYER Government Service Insurance Act of 1997 (RA 8291) The national government. benefits shall be paid to Legal Heirs in accordance with Law of Succession Monthly Pension 1. Separation Sickness f. SECONDARY Any person. Retirement Death c. Dependent Spouse until remarriage b. the constitutional commissions and the judiciary BENEFICIARIES 1. Survivorship Funeral e. domestic or foreign who carries on in the Philippines any trade. Unemployment Maternity (ONLY 1ST FOUR DELIVERIES OR MISCARRIAGES) 2. Life Insurance ONLY -ALL TAX EXEMPT BENEFITS . Life Insurance Retirement b. OTHERS As to DEATH BENEFITS. industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards employment 8 (c) . Legal. ALL MEMBERS Dependents Pension a. agencies or instrumentalities. Disability Permanent Disability d. Dependent Legitimate or Legitimated or Legally AND Adopted and Illegitimate Children b.Exempt employer: government and any of its political subdivisions.
individual farmers and fishermen under SS rules and regulations 1. coaches. partners and single-proprietors of business. VOLUNTARY . professional athletes. irrespective of employment status 2. Spouse who devotes full time managing household and family affairs unless specifically mandatorily covered *By Arrangement: any foreign government.000 on the date of their employment 4. scriptwriters and news correspondents not employees. Employee separated from employment 3. All employees not over sixty (60) years of age and their employers. trainers and jockeys. and individual farmers and fishermen. actors and actresses. international organization or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside the Philippines may enter agreement with Philippines for inclusion of such employees in SSS EXCEPT those Compulsory for all employees receiving compensation who have not reached compulsory retirement age. COMPULSOR Y 2. directors. upon their registration with the SSS. including. 3. but limited to: all self-employed professionals. Self-employed – realizes no income 4. compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment 3. self-employed employees as may be determined by the Commission under such rules and regulations as it may prescribe. Filipinos recruited by foreign-based employers for employment abroad 2. Domestic helpers who are sixty years of age and below with a monthly income of not less than P1.COVERAGE 1.
15-17) A) AGRARIAN REFORM means the redistribution of lands. death and old age and other contingencies resulting in loss of income or financial burden (sec.EXCEPTIONS (FROM COVERAGE) BASIS OF CLAIM already covered by their respective civil service retirement system. or willful intention to kill himself or another (sec.Department of Agrarian Reform PARC . if employed when such vessel is outside of Philippines 3.Comprehensive Agrarian Reform Program DA . of Agriculture DAR . employees of Philippine government or instrumentality or agency thereof 4. irrespective of tenurial arrangement. employment purely casual and not for purpose occupation. and the distribution of shares of stock which will allow beneficiaries to receive a just share of the fruits of the lands they work. service performed in the employee of a foreign government. such as production or profitsharing. Members of the Armed Forces 2. or international organizations. employees of bona fide independent contractors shall not be deemed employees of the employer engaging the services of an independent contractor Non-work connected disability.Dept. to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands. or business employer 2. of wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside of the Philippines 5. service performed on or in connection with alien vessel. labor administration. regardless of crops or fruits produced. services performed by temporary and other employees excluded by SSS regulation. sickness. COMPREHENSIVE AGRARIAN REFORM LAW. habitual intoxication. 2) 1. . as amended NOTE FOR ABBREVIATIONS LBP .Presidential Agrarian Reform Council DEFINITIONS: Work-connected exempt from liability where permanent disability due to his grave misconduct. maternity.Land Bank of the Phil. to farmers and regular farm workers who are landless. Members of the PNP * members of judiciary and constitutional commissions: life insurance only VII. 1. CARP .
(I) SEASONAL FARMWORKER is a natural person who is employed on a recurrent. tenancy. (G) FARMWORKER is a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily. including disputes concerning farm workers' associations or representation of persons in negotiating. It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farm workers. changing or seeking to arrange terms or conditions of such tenurial arrangements. tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under this Act. or lessor and lessee. whether leasehold. periodic or intermittent basis by an agricultural enterprise or farm. commercial or industrial land. over lands devoted to agriculture. including the harvesting of such farm products. growing of fruit trees. or in connection with. such as "dumaan". that prior to such event. but does not include land that has become permanently or regularly devoted to non-agricultural purposes. or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. whether as a permanent or a non-permanent laborer. whether the disputants stand in the proximate relation of farm operator and beneficiary. The term includes an individual whose work has ceased as a consequence of. AGRICULTURAL ENTERPRISE OR AGRICULTURAL ACTIVITY means the cultivation of the soil. fixing. 7881) (C) AGRICULTURAL LAND refers to land devoted to agricultural activity as defined in this Act and not classified as mineral. and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural of juridical. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event: Provided. and the like. forest. (As amended by R. planting of crops. whether the land is owned by him. (h) and (i). (H) REGULAR FARMWORKER is a natural person who is employed on a permanent basis by an agricultural enterprise or farm. A. (J) OTHER FARMWORKER is a farmworker who does not fall under paragraphs (g). a pending agrarian dispute who has not obtained a substantially equivalent and regular farm employment.(B) AGRICULTURE. residential. (D) AGRARIAN DISPUTE refers to any controversy relating to tenurial arrangements. stewardship or otherwise. (F) FARMER refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops either by himself. landowner and tenant. monthly or "pakyaw" basis. maintaining. "sacada". or primarily with the assistance of his immediate farm household. . such land was previously used for agricultural or other economic purposes. weekly. tenants and other agrarian reform beneficiaries. (E) IDLE OR ABANDONED LAND refers to any agricultural land not cultivated.
a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the effectivity of this Act. the consent of the farmworkers shall no longer be necessary. or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land. government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over. mosque sites and Islamic centers appurtenant thereto. penal colonies and penal farms actually worked by the inmates. wildlife. b) All lands of the public domain in excess to the specific limits as determined by Congress in the preceding paragraph. the specific limits of the public domain. reforestation. When the workers or tenants do not agree to this exemption. school sites and campuses. with the same rights and duties as a natural person. fish sanctuaries and breeding grounds. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress. EXEMPTION AND EXCLUSIONS: (a) Lands actually. developmental and equity considerations. farm workers. and operated on the principle of one member. 7881) IMPROVEMENT OF TENURIAL AND LABOR RELATIONS . c) All other lands owned by the Government devoted to or suitable for agriculture. technological. human. directly and exclusively used for parks. the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall form cooperative or association to manage the same. including experimental farm stations operated by public or private schools for educational purposes. farmers. taking into account ecological. financial or other economic resources. SCOPE The following lands are covered: a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. forest reserves. That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued under the Agrarian Reform Program. communal burial grounds and cemeteries. seeds and seedlings research and pilot production center. (c) Lands actually. In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law. shall have determined by law. d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. A juridical person may be a member of a cooperative. In cases where the fishponds or prawn farms have been subjected to the Comprehensive Agrarian Reform Law. one vote. church sites and convents appurtenant thereto. shall be exempt from the coverage of this Act. directly and exclusively used and found to be necessary for national defense.(As amended by R. directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act: Provided. by voluntary offer to sell. or commercial farms deferment or notices of compulsory acquisition.(K) COOPERATIVES shall refer to organizations composed primarily of small agricultural producers. except those already developed. (b) Private lands actually. watersheds and mangroves shall be exempt from the coverage of this Act. A.
the DAR is mandated to determine and fix immediately the lease rentals thereof. the landowners and the beneficiaries. the matter is deemed submitted for decision. of different regions in order to improve progressively the conditions of the farmer. the book of the fishpond or prawn farm owners shall be subject to periodic audit or inspection by certified public accountants chosen by the workers. the LBP and other interested parties to summit evidence as to the just compensation for the land. within fifteen (15) days from the receipt of the notice. In order to safeguard the right of the regular fishpond or prawn farm workers under the incentives plan. the sworn valuation by the owner. by personal delivery or registered mail. The DAR shall decide the case within thirty (30) days after it is submitted for decision. its nature. the DAR shall conduct summary administrative proceedings to determine the compensation of the land by requiring the landowner. the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines.In order to protect and improve the tenurial and economic status of the farmers in tenanted lands under the retention limit and lands not yet acquired under this Act. After the expiration of the above period. JUST COMPENSTATION In determining just compensation. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance with the valuation set forth in Sections 17. That the DAR shall immediately and periodically review and adjust the rental structure for different crops. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries. (e) Upon receipt by the landowner of the corresponding payment or in case of rejection or no response from the landowner. Moreover. the cost of acquisition of the land. including rice and corn. (b) Within thirty (30) days from the date of receipt of written notice by personal delivery or registered mail. The foregoing provision shall not apply to agricultural lands subsequently converted to fishponds or prawn farms provided the size of the land converted does not exceed the retention limit of the landowner. A. actual use and income. and post the same in a conspicuous place in the municipal building and barangay hall of the place where the property is located. the landowner. 7881) PROCEDURE FOR ACQUISITION OF PRIVATE LANDS a) After having identified the land. his administrator or representative shall inform the DAR of his acceptance or rejection of the offer. (d) In case of rejection or failure to reply. (f) Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation. the current value of like properties. (As added by R. the LBP shall pay the landowner the purchase price of the land within thirty (30) days after he executes and delivers a deed of transfer in favor of the Government and surrenders the Certificate of Title and other muniments of title. (c) If the landowner accepts the offer of the DAR. the tax . upon the deposit with an accessible bank designated by the DAR of the compensation in cash or LBP bonds in accordance with this Act. Provided. 18. the DAR shall send its notice to acquire the land to the owners thereof. tenant or lessee. and other pertinent provisions hereof.
(d) other farm workers.declarations. LAND REDISTRIBUTION The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay. It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases. It shall have the power to summon witnesses. However. or to other qualified beneficiaries for a period of ten (10) years QUASI-JUDICIAL POWERS OF DAR The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform. (f) collective or cooperatives of the above beneficiaries. at the option of the beneficiaries. due to landowner's retention rights or to the number of tenants. disputes or controversies in a most expeditious manner. administer oaths. If. take testimony. aptitude and ability to cultivate and make land as productive as possible. and subpoena duces tecum and to enforce its writs through sheriffs or other duly . or workers on the land. they may be granted ownership of other lands available for distribution under this Act. require submission of reports. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC. so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. lands acquired by beneficiaries under this Act may not be sold. (e) actual tillers or occupants of public lands. The DAR shall adopt a system of monitoring the record or performance of each beneficiary. or to the government. A basic qualification of a beneficiary shall be his willingness. it shall adopt a uniform rule of procedure to achieve a just. employing all reasonable means to ascertain the facts of every case in accordance with equity and the merits of the case. shall be considered. The LBP shall compensate the landowner in such amount as may be agreed upon by the landowner and the DAR and LBP or as may be finally determined by the court as just compensation for the land. or in the absence thereof. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. The social and economic benefits contributed by the farmers and the farmworkers and by government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. (c) seasonal farm workers. or to the LBP. compel the production of books and documents and answers to interrogatories and issue subpoena. there is not enough land to accommodate any or some of them. (b) regular farm workers. lessees. and the assessment made by government assessors. Toward this end. expeditious and inexpensive determination of every action or proceeding before it. except those falling under the exclusive jurisdiction of the Department of Agricultural (DA) and the Department of Environment and Natural Resources (DENR). transferred or conveyed except through hereditary succession. and (g) others directly working on the land. landless residents of the same municipality in the following order of priority: (a) agricultural lessees and share tenants.
necessary to. Only one (1) motion for consideration shall be allowed. The findings of fact of the DAR shall be final and conclusive if based on substantial evidence. . In the designation. Notwithstanding an appeal to the Court of Appeals. Representatives of farmer leaders shall be allowed to represent themselves. the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. implementation. fines or censures upon erring parties. however. The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against PARC or any of its duly authorized or designated agencies in any case. ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof. implementation. It shall likewise have the power to punish direct and indirect contempt in the same manner and subject to the same penalties as provided in the Rules of Court. To discourage frivolous or dilatory appeals from the decisions or orders on the local or provincial levels. or interpretation of this Act and other pertinent laws on agrarian reform. enforcement. dispute or controversy arising from. order. the decision of the DAR shall be immediately executory.deputized officers. Any order. The Special Agrarian Courts shall have the power and prerogatives inherent in or belonging to the Regional Trial Courts. SPECIAL AGRARIAN COURTS The Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court. that when there are two or more representatives for any individual or group. including but not limited to. and the prosecution of all criminal offenses under this Act. enforcement. the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations. The Supreme Court may designate more branches to constitution such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province. award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application. or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from receipt of a copy thereof. Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. or in connection with the application. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts unless modified by this Act. Any decision. The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners. the DAR may impose reasonable penalties. their fellow farmers or their organizations in any proceedings before the DAR: Provided.
(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program. transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary. (d) The willful prevention or obstruction by any person. upon their own initiative or at the instance of any of the parties. as the case may be. conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. for the purpose of circumventing the provisions of this Act. including the valuation of properties. otherwise. shall be conclusive for the purpose of this Act. the decision shall become final. and to file a written report thereof with the court. (NOTE: the sale and/or transfer of agricultural land in cases where such sale. No order of the Special Agrarian Courts on any issue. of agricultural lands in excess of the total retention limits or award ceilings by any person. may appoint one or more commissioners to examine. (c) The conversion by any landowner of his agricultural land into non-agricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers or the land tilled by them. An appeal may be taken from the decision of the Special Agrarian Courts by filing a petition for review with the Court of Appeals fifteen (15) days from receipt of notice of the decision. (e) The sale. matter or incident raised before them shall be elevated to the appellate courts until the hearing shall have been terminated and the case decided on the merits. question. A. 7881) (f) The sale. transfer or conveyance is made necessary as a result of a bank's foreclosure of the mortgaged land is hereby permitted. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands.The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. natural or juridical. except those under collective ownership by farmer-beneficiaries. association or entity of the implementation of the CARP. (As added by R. . PROHIBITED ACTS OR OMISSIONS (a) The ownership or possession. investigate and ascertain facts relevant to the dispute. in order to circumvent the provisions of this Act. The Special Agrarian Courts. transfer.
its legal personality cannot be subject to collateral attack. No. 2002 • As the court emphasized in Progressive Development Corp. by challenging its petition for the issuance of an order for certification election. and may or may not acquire an employment status. No. August 8.VIII. Laguesma. if a labor organization’s application for registration is vitiated by falsification and serious irregularities. he waited for the employee to report for work but the latter simply stopped reporting for work reinforces the conviction that the worker was indeed an employee of petitioner.Pizza Hut v. it does not provide what would be the effect if a rank-and-file union counts supervisory employees among its members.. or indirectly. • Payment by result is a method of compensation and does not define the essence of the relation. . 135806. G. After a certificate of registration is issued to a union. LLO – Validity. 238 and 239 of the Labor Code. work. as petitioner himself said. • By stating that he had the right to fire the alleged worker. al. One may be paid on the basis of results or time expended on the work. 2003 • While Article 245 expressly prohibits supervisory employees from joining a rank-and-file union. or vice-versa. an independent contractor is one who carries on a distinct and independent business and undertakes to perform the job. 151228 • Of the four elements of the employer-employee relationship. or service on its own account and under its own responsibility according to its own manner and method. Indeed. LAGRAMA. No. 142000. It is a method of computing compensation. can bring about some disciplinary action on the part of the employer. And if a certificate of registration has been issued. G. petitioner in effect acknowledged the worker to be his employee. the “control test” is the most important. LLO – Validity not subject to collateral attack *TAGAYTAY HIGHLANDS INTERNATIONAL GOLF CLUB INCORPORATED. January 22. v TAGAYTAY HIGHLANDS EMPLOYEES UNION-PGTWO. Payment by result *TAN vs. the fact that. depending on whether the elements of an employer-employee relationship are present or not. the propriety of its registration could be assailed directly through cancellation of registration proceedings in accordance with Arts. For the right to hire and fire is another important element of the employer-employee relationship. the frustration of which. while an independent contractor enjoys independence and freedom from the control and supervision of his principal. v TOYOTA MOTOR PHILIPPINES CORPORATION EMPLOYEES AND WORKERS UNION et. For only an employee can nurture such an expectancy. Registration *TOYOTA MOTORS PHILIPPINES CORPORATION LABOR UNION.R. OTHER CASE DOCTRINES Employer-employee. Compared to an employee. not a basis for determining the existence or absence of employer- employee relationship. unless satisfactorily explained. free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof. .R. a labor organization should be denied recognition as a legitimate labor organization.R. G. an employee is subject to the employer’s power to control the means and methods by which the employee’s work is to be performed and accomplished. Hence.
2002 • At the outset. unless such inclusion is due to misrepresentation. appears to be part of a scheme to terminate the services of FISI's security guards posted at the premises of FTC and bust their newly-organized union which was then beginning to become active in demanding the company's compliance with Labor Standards laws. and free also to renounce the affiliation upon the terms laid down in the agreement which brought such affiliation into existence. January 31. NLRC.• The inclusion in a union of disqualified employees is not among the grounds for cancellation.R. is the policy of the law.R. at any rate. Piercing the corporate veil to enforce labor claims *DE LEON. It will however be to err greatly against the . SKYLANDERS v NLRC. should be considered to have already acquired juridical personality which may not be assailed collaterally. G. there would be disregard and neglect of the lowly workingmen. 2001 • The purported sale of the shares of the former stockholders to a new set of stockholders who changed the name of the corporation to Magnum Integrated Services. false statement or fraud under the circumstances enumerated in Sections (a) and (c) of Article 239 of the Labor Code. those of the former must be preferred. instead of protection. Inc. INC. Constitution if the desires of the federation would be favored over those of its members. May 30. not LA. the common bargaining power of local unions for the effective enhancement and protection of their interests. G. what and how computed *CEFERINO P. Yet the local unions remain the basic units of association. • Policy considerations dictate that in weighing the claims of a local union as against those of a national federation. free to serve their own interests subject to the restraints imposed by the constitution and by-laws of the national federation. Under these circumstances. 112661. 2002 • Backwages is a form of relief that restores the income that was lost by reason of unlawful dismissal. G. the desires of the mother federation to protect its locals are not altogether to be shunned. 127374. the Court cannot allow FTC to use its separate corporate personality to shield itself from liability for illegal acts committed against its employees. 143709. et al v. s Backwages. For if it were otherwise. July 2.. That. by collective action. let it be noted that the issue of disaffiliation is an inter-union conflict the jurisdiction of which properly lies with the Bureau of Labor Relations (BLR) and not with the Labor Arbiter. No. Parenthetically though. • The clear mandate of Art. • The sole essence of affiliation is to increase. No. BUHAIN v CA and SWIFT FOOD. The rationale for the relief is that an employee whose dismissal is found to be illegal is considered not having left his office so that he is entitled to all the rights and privileges that accrue to him by virtue of the office that he held. 279 is that the determination of backwages plus other benefits should be computed Issue of disaffiliation is within the jurisdiction of BLR. No. A local which affiliates with a national federation maintains its separate personality *PHIL.R. The union having been validly issued a certificate of registration.
Bonus.R.. No. No. However. the requirement to consult the pilots prior to their retirement defeats the exercise by management of its option to retire the said employees. It is an act of generosity granted by an enlightened employer to spur the employee to greater efforts for the success of the business and realization of bigger profits. No. et. G. • Due process only requires that notice be given to the pilot of petitioner’s decision to retire him. No. The granting of a bonus is a management prerogative. when valid *CANDIDO ALFARO v.from the time his compensation was withheld from him up to the time of his actual reinstatement. agencies. both Muslim and Christians working within the Muslim areas may not report for work on the days designated by law as Muslim holidays. 2002 • The fact that there are some supervisory employees who have not yet been retired after 25 years with the company or have reached the age of sixty merely confirms that it is the singular prerogative of management. Hence. 146775. CA. It gives the pilot concerned an undue prerogative to assail the decision of management. 143686. G.R. 100701. something given in addition to what is ordinarily received by or . simply because of a change of mind. Not all waivers and quitclaims are invalid as against public policy. an employer who agrees to expend such benefit as an • incident of the resignation should not be allowed to renege in the performance of such commitment. Considering that all private corporations. and entities or establishments operating within the designated Muslim provinces and cities are required to observe Muslim holidays. G. the Secretary of Labor overstepped the boundaries of reason and fairness when he imposed on petitioner the additional requirement of consulting each pilot prior to retiring him. March 28. offices. No separation pay in resignation. not demandable *PRODUCERS BANK OF THE PHILIPPINES v NLRC and PRODUCERS BANK EMPLOYEES ASSOCIATION. 2001 • A bonus is an amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer's business and made possible the realization of profits. Exceptions. 2002 • There should be no distinction between Muslims and non-Muslims as regards payment of benefits for Muslim holidays.R.. Special holidays apply to all covered employees within the area *SAN MIGUEL CORPORATION v CA. • There should be no unfair labor practice committed by management if the retirement of private respondents were made in accord with the agreed option. ET AL. at its option. January 15. G. to retire supervisors or rank-and-file members when it deems fit. separation pay need not be paid to an employee who voluntarily resigns. Waivers and quitclaims.R. No ULP if in accord with the agreement of the parties *PHILIPPINE AIRLINES. al. v AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES. If the agreement was voluntarily entered into and represented a reasonable settlement. it is binding on the parties and may not later be disowned.. January 30. 2001 • Generally. INC. Surely. an act of gratuity. 140812 August 28.
a bonus is not a demandable and enforceable obligation except when it is made part of the wage. No. An action for recovery does not interfere with NLRC’s jurisdiction *YUPANGCO COTTON MILLS. an employer cannot be forced to distribute bonuses which it can no longer afford to pay. the employer would react by withdrawing the bonuses or resist further voluntary grants for fear that if and when a law is passed giving the same benefits. 2001 • Regular courts have no jurisdiction to hear and decide questions which arise and are incidental to the enforcement of decisions. v THE COURT OF APPEALS and THE PENINSULA MANILA. 148303. which exercises jurisdiction over this case. Corollarily. al. INC. 126322. NOVA v JUDGE SANCHO DAMES II. 143397. 2002 • The fact that the complaint was denominated as one for injunction does not necessarily mean that the RTC has jurisdiction. March 28. unless shown to be grossly oppressive or contrary to law.R. not the RTC. • Company policies and regulations are. No. as amended. JR. Article 261 of the Labor Code. salary or compensation of the employee However. INC. v COURT OF APPEALS. 2002 • A separate civil action for recovery of ownership of the property would not constitute interference with the powers or processes of the Arbiter and the NLRC which rendered the judgment to enforce and execute . INC. G. an action for damages lies within the jurisdiction of a regional trial court. A. To impose upon an employer already giving his employees the equivalent of a 13th month pay would be to penalize him for his liberality and in all probability... • Considering that the Drug Abuse Policy is a company personnel policy. RTC’s jurisdiction to issue TRO in labor cases *GORGONIO S. Thus. orders or awards rendered in labor cases by appropriate officers and tribunals of the Department of Labor and Employment. his prior concessions might not be given due credit. G. al. Well-settled is the rule that jurisdiction is determined by the allegations in the complaint. No. January 16. However. it is the Voluntary Arbitrators or Panel of Voluntary Arbitrators. Company policies. as a general rule. October 17. generally binding and valid on the parties and must be complied with until finally revised or amended unilaterally or preferably through negotiation or by competent authority. Voluntary Arbitrator’s jurisdiction *UNION OF NESTLE WORKERS CAGAYAN DE ORO FACTORY et.M. G.. 2002 SOLE has exclusive authority to hear and decide all issues incidental in a labor case. al. • True.. No.R. binding *SANTIAGO ALCANTARA..R. To hold otherwise would be to penalize the employer for his past generosity. v NESTLE PHILPPINES. any controversy in the execution of the judgment shall be referred to the tribunal which issued the writ of execution since it has the inherent power to control its own processes in order to enforce its judgments and orders. et. August 6. RTJ-00-1574. the regional trial court has no jurisdiction to issue a temporary restraining order in labor cases.• strictly due the recipient. et.
4) fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished. • The employer must comply with the following requisites to ensure the validity of the redundancy program: 1) a written notice served on both the employees and the Department of Labor and Employment (DOLE) at least one month prior to the intended date of retrenchment. 2005. • If the dismissal is based on a just cause under Article 282 but the employer failed to comply with the notice requirement. The posting of a cash or surety bond for the perfection of an appeal is jurisdictional.al. • The primary standard of determining regular employment is the reasonable connection between the particular activity performed by the employee to the usual trade or business of the employer. 156379. in effect. • Also. the sanction should be stiffer • . No. without which the NLRC does not have the authority to review and revise the judgment of the labor arbiter. CATAPANG. 2005. 164736. 3) good faith in abolishing the redundant positions. Test to determine regular employment *UNIVERSAL ROBINA CORPORATION v.R. • Art. v. This is the rule even if its performance is not continuous and merely • intermittent. If the dismissal is based on an authorized cause under Article 283 but the employer failed to comply with the notice requirement. CA. September 16. October 14. an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award. initiated by an act imputable to the employee. The test is whether the former is usually necessary or desirable in the usual business or trade of the employer. No. the decision of the Labor Arbiter has already become final and executory absent such posting of a bond as provided in the Labor Code.R. but only with respect to such activity and while such activity exists. 165811. The property levied upon being that of a stranger is not subject to levy. G. G.R. the sanction to be imposed upon him should be tempered because the dismissal process was. Validity of a Redundancy Program *DAP v. 223 of the Labor Code provides that in case of a judgment involving a monetary award. Therefore. *CORDOVA et. Thus. KEYSA’S BOUTIQUE. G. upon a claim and primafacie showing of ownership by the petitioner. The practice of entering into employment contracts which would prevent the workers from becoming regular should be struck down as contrary to public policy and morals. the performance of a job for at least a year is sufficient evidence of the job’s necessity if not indispensability to the business.upon the levied properties. 2) payment of separation pay equivalent to at least one month pay or at least one month pay for every year of service. Posting of a cash or surety bond jurisdictional. 2005. No. December 14. a separate action for recovery. cannot be considered as interference. The employment is considered regular. whichever is higher.
Separation Pay *HA YUAN RESTAURANT v. or whatever other name it is called. being placed “off detail” or on “floating” status means “waiting to be posted. habitual intoxication or an offense involving moral turpitude. JANUARY 23. insensibility or disdain on the part of the employer has become so unbearable as to leave an employee with no choice but to forego continued employment. NLRC (February 2006) • • Separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character. The employer’s privilege to transfer its employees to different workstations cannot be used as a subterfuge to rid itself of an undesirable worker. NO. • Abandonment.because the dismissal process was initiated by the employer’s exercise of his management prerogative Constructive Dismissal *VETERANS SECURITY AGENCY v. • Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. 146779. Book V of the Omnibus Rules Implementing the Labor Code) . December 16. 159293. (Section 8. depends on the cause of dismissal. NLRC. the prerogative of the management to transfer its employees must be exercised without grave abuse of discretion. as a just and valid cause for termination. requires a deliberate and unjustified refusal of an employee to resume his work.” • It is the inherent prerogative of an employer to transfer and reassign its employees to meet the requirements of its business. • Abandonment is incompatible with constructive dismissal. The exercise of the prerogative should not defeat an employee's right to security of tenure. No. Separation pay therefore. G.R. or (2) the dismissal reflected on the employee’s moral character Preventive Suspension *GATBONTON v. Rule XXIII. • Constructive dismissal exists when an act of clear discrimination.R. Where the reason for the valid dismissal is. or financial assistance. Be that as it may. coupled with a clear absence of any intention of returning to his or her work. • In security agency parlance. • Article 286 applies only when there is a bona fide suspension of the employer’s operation of a business or undertaking for a period not exceeding 6 months. on the ground of social justice. 2006. and may be accordingly awarded provided that the dismissal does not fall under either of 2 circumstances: (1) there was serious misconduct. G. the employer may not be required to give the dismissed employee separation pay. for example. VARGAS. like theft or illicit sexual relations with a fellow worker. • The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. 2005.
the employer should not be allowed to remain unpunished for the delay. INC. if it is proved that the husband and wife were still living together at the time of his death. Surely. whatever acknowledged right the employer has to discipline his employee. February 27. Thus. • The power to dismiss an employee is a recognized prerogative that is inherent in the employer’s right to freely manage and regulate his business. An employer cannot be expected to retain an employee whose lack of morals. 2006. continues to accumulate. the illegally dismissed employee’s entitlement to backwages. Further. insofar as accrued backwages and other benefits are concerned. G. but to seek new employment in order to earn a decent living. 2006 • For purposes of claiming death benefits from the SSS. 150198. Conversely. ET AL. absent any showing to the contrary. • In this case. NO.R. • • An order of reinstatement by the labor arbiter is not the same as actual reinstatement of a dismissed or separated employee. to immediately execute the reinstatement aspect of the labor arbiter’s decision. Thus. In the meantime.R. G. The SC found that the SSS Claims . 2006. No. *SSS v AGUAS. payment of backwages *TRIAD SECURITY & ALLIED SERVICES.Reinstatement. Minimum wage earners are left with no choice after they are illegally dismissed from their employment. in a way. it is still subject to reasonable regulation by the State in the exercise of its police power. we could not fault them for their perseverance in looking for and eventually securing new employment opportunities instead of remaining idle and awaiting the outcome of the case. An employer may not be compelled to continue to employ a person whose continuance in service will patently be inimical to his interest. until the employer continuously fails to actually implement the reinstatement aspect of the decision of the labor arbiter. 13th month pay. 165546. February 6. it is within the power of the Supreme Court not only to scrutinize the basis for dismissal but also to determine if the penalty is commensurate to the offense.R. a wife who is already separated de facto from her husband cannot be said to be "dependent for support" upon the husband. G. the employees were dismissed for pilfering hospital property. the employer cannot refuse to reinstate the illegally dismissed employee by claiming that the latter had already found a job elsewhere. No. 160871. March 6. v ORTEGA. notwithstanding the company rules. is a measure of self-protection. and other benefits subsists. It is only when the illegally dismissed employee receives the separation pay (in case of strained relations) that it could be claimed with certainty that the EER has formally ceased thereby precluding the possibility of reinstatement. The dismissal of an employee. unless it is shown that she is capable of providing for herself. Nevertheless. their obligation to the illegally dismissed employee. Until the payment of separation pay is carried out. Loss of confidence *Perez v The Medical City General Hospital. respect and loyalty to his employer or regard for his employer’s rules and appreciation of the dignity and responsibility of his office has so plainly and completely been bared. if not outright refusal. it would be safe to presume that she was dependent on the husband for support.
hence.. . No. One of the dismissed employees has been employed by the Hospital for 19 years. the other one lays claim to 7 years.. 4. 3. March 6. and any other indicia of the parties' intention. It is unlawful. It is contrary to public policy.penalty of dismissal was not proportionate to the gravity of the offense considering the circumstances present in the case. 2. Moreover. It is without factual support in view of its language. arbitrary or capricious. It is so unfounded in reason and fact. an arbitrator is confined to the interpretation and application of the CBA. An arbitral award does not draw its essence from the CBA.e. if: 1. and 7. INC. its context. It is mistakenly based on a crucial assumption which concededly is a nonfact. i. 162957. the SC took into account the fact that they are not managerial or confidential employees in whom greater trust is placed by management and from whom greater fidelity to duty is correspondingly expected. G. • As a general proposition. It is so unconnected with the working and purpose of the agreement. there is an unauthorized amendment or alteration thereof. During their long tenure with the Hospital. 2006. 6. it does not appear that they have been the subject of disciplinary sanctions and they have kept their records unblemished. v KIMBERLY – CLARK PHILIPPINES. 5. Voluntary Arbitration UNITED KIMBERLY-CLARK EMPLOYEES UNION.R. He does not sit to dispense his own brand of industrial justice: his award is legitimate only in so far as it draws its essence from the CBA. It ignores or abandons the plain language of the contract. when there is a rational nexus between the award and the CBA under consideration.
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