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    11 views15 pages

    Labor 2 Syllabus

    Uploaded by

    DK Kali
    labor syllabus

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 15
    PRD = LABOR RELATIONS LAW Course Title: Labor Relations Law Course No. Lib 211 Course Description ‘The subject is a three (3) unit course. It is a part of the labor law bar subject. It covers Book V and VI of the Labor Code of the Philippines as well as the different social legislations relative to labor relations, ‘The course is a study of the concept, nature, source, function, effects and underpinnings of labor relations and social legislation as well as the interpretation and application of the same in the doctrinal rulings of the Supreme Court and how they are applied to real life situations. Course Objective/s: At the end of the cOurse students are expected to have working knowledge of the concept, nature, source, function, effects and underpinnings of labor relations and social legistation and to apply the same to real life situations, Further, students are expected to comprehend the labor relations provisions of the Labor Code of the Philippines and the concept and underpinnings of labor relations and social legislation as interpreted and applied by the Supreme Cou, Finally, in analyzing and studying the said laws, students are expected to apply the same to seal life situations and appreciate the possible legal consequences arising from the said laws. Learning Objectives At the end of the course, students are expected to: 1. Understand better the nature, source, function, effects of labor relations and social legislations and thelr rationales; 2. Recognize and understand the limitations in the administration of labor relations and social legislations; 3. Appreciate the different labor relations and social legislations; and 4, Appreciate the doctrinal rulings enunciated by the Supreme Court in the interpretation and application of the labor relations provisions of the Labor Code of the Philippines and social legislations. Main References Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as ‘amended, pertinent rules and regulations, social legislations (RA 7641, SSS Law (RA 8282), et [afra dlishinchon bets guasdicion ay GSIS Law (RA 8291), Limited Portability Law (RA 7699), etc.) and selected cases. Supplementary Materials: CA, Azucena, The Labor Code of the Philippines, annotated Vol. II. CA. Azucena, Labor Code of the Philippines, annotated Vol. II. 3. G. Chan, Course requirements: Aside from regular exams, participation in class discussion and activities is expected. At the end of the course each student must submit his/her own compilation of case digest of the cases listed in the course outline. Evaluation Attendance in class is mandatory. Participation in class discussion will be assessed and graded through Graded Recitation. Three (3) examinations (First Trinal, Midterm and Final) shall be conducted. Students who miss a quiz shall get an automatic failing grade of 5.00. No special quizzes and exams (except for final examination) are given. Classroom Policies: Student shall at all times abide with the university rules on discipline and are expected to conduct themselves appropriately during class. They shall adhere to the College's dress code when attending classes and shall observe the No dress code no entry policy. No dishonesty or violence will be tolerated, ‘Structure 1. Procedure and Jurisdiction Labor Arbiter National Labor Relations Commission (NLRC) Bureau of Labor Relations (BLR) - Med Arbiters ‘National Conciliation and Mediation Board (NCMB) DOLE Regional Directors DOLE Secretary Voluntary Arbitrators Court of Appeals Supreme Court rEommsompy II Labor Relations Law ‘A. Right to Self- Organization 1. Who may unionize for purposes of collective bargaining 2, Bargaining unit a) Test to determine the constituency of an appropriate bargaining unit ) Voluntary recognition ©) _ Certification election d) Run-off election e) Re-run election f) Consent election 4) Affiliation and disaffiiation of the local union from the mother union h) Agency fees 8. Right to collective bargaining Duty to bargain collectively Collective Bargaining Agreement (CBA) Union Security i Unfair Labor Practice in collective bargaining Unfair Labor Practice (ULP) | yaene . Right to Peaceful Concerted Activities Forms of Concerted Activities Who may declare a strike or lockout Requisites of a valid strike Requisites of a valid lockout Requisites for lawful picketing Role of Peace Officers during Strike and Picket id IIL. Termination of Employment Employer-employee relationship TOPIC A-I. TESTS FOR DETERMINING EMPLOYER- EMPLOYEE RELATIONSHIP. TOPIC A-Ii. PROBATIONARY EMPLOYMENT TOPIC A-IIl. KINDS OF EMPLOYMENT ‘TOPIC A-IV. JOB CONTRACTING AND LABOR-ONLY CONTRACTING ‘Termination of employment ‘TOPIC B-. SUBSTANTIVE DUE PROCESS TOPIC B-Il. Procedural Due Process ‘TOPIC B-III. RELIEFS FOR ILLEGAL DISMISSAL Retirement Pay Law TOPIC C1, Coverage TOPIC C-II. Exclusions from coverage TOPIC C-II1, Components of retirement pay TOPIC CV. Retirement pay under RA 7641 vis-a-vis retirement benefits under SSS and GSIS laves IV. Management Prerogative Mid-Term Exam: February 2020 V. Prescription of Actions VI. Social Legislation A. SSS Law (RA 8282) 1, Coverage GSIS (RA 8291) Coverage Exclusions from coverage Benefits Beneficiaries Limited Portability Law (RA 7699) Employee's Compensation - Coverage and when compensable Final Examination Period: March 2020 Couse Outlin: “I. Procedure and Jurisdiction A Labor Arbiter: 1. Jurisdiction a) versus Regional Director 2. Reinstatement pending appeal Garcia v. Philippine Airlines, 2009 3. Requirements to perfect appeal to NLRC ‘BNal 1. Jurisdiction 2. Effect of NLRC reversal of Labor Arbiter's order of reinstatement 3. Remedies 4, Certified cases “Jurisdiction (original and appellate) _D. National Conciliation and Mediation Board 1. Nature of proceedings 2. Conciliation vs. Mediation 3. Preventive mediation E. DOLE Regional Directors 1. Jurisdiction fl DOLE Secretary RA. No. 7730, June 2, 1994 1. Visitorial and enforcement powers 2. Power to suspend effects of termination 3. Assumption of jurisdiction 4. Appellate jurisdiction 5. Voluntary arbitration powers 1, Subject matter of grievance 2. Voluntary Arbitrator a) Jurisdiction b) Procedure ©) Remedies “H. Court of Appeals 4, Rule 65, Rules of Court St. Martin Funeral Home v. NLRC, 1998 ipreme:Court 1. Rule 45, Rules of Court Power Shipping Enterprises, Ine. v. CA, G.R, No. 138270, June 28, 2001 Tirazona v. Phil EDS Techno- Service Inc., 2009 No. 14 Series of 2001 £.0. 180 UST Faculty Union v. Bitonio, 1999 Reyes v. Trajano, 1992 Heritage Hotel Manila v. PIGLAS- Heritage, G.R. No. 177024, October 30, 2009 Central Negros Electric Coop. v. Sec. of Labor, 1991 Kapatiran sa Meat and Canning Division v. Calleja, 1988 FEU- Dr. Nicanor Reyes Medical Foundation Inc. v. Trajano, 1992 Toyota Motor Phil. Corp. v. Toyota Motor Phil. Corp. Labor Union, 1997 Manila Electric Co. v. Sec. of Labor, 1991 ‘San Miguel Corp. Supervisors v. Laquesma, 1997 ai a) Who cannot form, join or assist labor organizations ‘Metrolab Industries Inc. v. Roldan- Confessor, 1996 Standard Chartered Bank Employees Union v. SCB, 2008 Paper Industries Corp. v. Laguesma, 2000 Benguet Electric Coop. v. Ferrer- Calleja CENECO v. DOLE, 1991 International Catholic Migration Commission v. Calleja, 1990 Republic Planters v. Laguesma, 1996 Singer Sewing Machine Co. v. Drilon, 1993 4, Bargaining unit UP v. Ferrer- Calleja, 1992 San Miguel Corp. v. Laguesma, 1994 Benguet Consolidated Inc. and Balatok Mining Co. v. Bobok Lumberjack Assn.,. 1958 Phil. Diamond Hote! and Resort Inc. v. Manila Diamond Hotel and Employees Union, 2006 Filoil Refinery Corp. v. Filoil Supervisory and Confidential Employees Union, 1972 Philippines Scouts Veterans v. Torres Indophil Textile Mills Workers Union v. Calica, 1992 Umali v. CA ‘San Miguel Union v. Confessor, 1996 Kapisanan ng mga Mangagawa sa Manila Road Co. v. Yard Crew Union, 1960 Farley Fulache v. ABS- CBN, 2010 General Rubber & Footwear Corp. v. BLR, 1987 DLSU v. DLSUEA, 2000 (i) Test to determ ine the constituency of an appropriate bargaining unit Voluntary recognition ou v. Sec. of Labor, 2009 ()— Requirements D,O, 40- F- 03 Series of 2008, Nov. 8, 2008 Port Workers Union of the Philippines v. Laguesma, 1992, Reyes v. Trajano, 1992 Young Men Labor Union Stevedores v. CIR, 1965 ‘Samahang Mangagawa sa Permex v. Sec. of Labor, 1998. Belyca Corp. v. Ferrer- Calleja, 1998 George & Peter Lines, Inc. v. Associated Labor Union, 1985 PLUM Federation of Industrial and Agrarian Workers v. Noriel, 1978 ‘Acoje Workers Union v. NAMAWU, 1963 Airtime Specialists, Inc. v. Director of BLR, 1990 Philippine Fruits v. Torres, 1992 Reyes v. Trajano, 1992 Phil. Telephone & Telegraph Co. v. Laquesma, 1993 Hercules Industries, Inc. v. Sec. of Labor, 1992 Oriental Tin Can Labor Union v. Sec, of Labor, 1998 Tanduay Distillery Labor Union v. NLRC, 1987 Republic Planters Bank Union v. Laguesma, 1996 Associated Labor Union v. Calleja, 1989 Divine World University v. Sec. of Labor and Employment, 1992 SMC v. NLRC, 1999 Colegio de San Juan de Letran v. Asso., 2000 B.F. Goodrich Phils, Marikina v. B.F. Goodrich Confidential and Salaried Employees Union United CMC Textile Worker's Union v. BLR, 1984 Samahan ng mga Manggagawa v. Laguesma, 1997 (7 Saananergante entire Port Workers Union v. DOLE, 1992 Scout Albano Memorial College v. Noriel, 1978 ‘Today's Knitting Free Workers Union v. Noriel, 1977 Eagle Ridge Golf and Country Club v. CA and EREU, 2010 S.S. Ventures International, Inc. v. S.S. Venture Labor Union Oriental Tin Can Labor Union v. Sec. of Labor, 1998 (il) Tn arvorganized establishment 1) Run-off election (i) Requirements _m)Re-run election __m)Consent election »O)Affliation and dlsaffiiation of the local union from the mother union Phil Skylanders v. NLRC, 2002 Filipino Pipe and Foundry Corp. v. NLRC, 1998 ‘Adamson v. CIR, 1984 Toyota Motor Phils. Corp. v. Toyota Motor Phils. Corp. Labor Union, GAR. No, 121084, Feb. 19, 1997 ‘Tagaytay Highlands International Golf Club v. Tagaytay Highlands Employees Union, G.R. No. 142000, Jan. 22, 2003 Republic of the Phils. v. Kawashima Textile Marketing Phils., G.R. No. 160352, July 23, 2008 Malayang Samahan ng mga Manggagawa v. Ramos, 2000 Tropical Hut Employees Union v. Tropical Hut Food Market, Inc., 1990 Phil. Skylanders Inc. v. NLRC, 2002 New Pacific Timber and Supply Co., Inc. v. NLRC, 2000 (i) Substitutionary doctrine py Union dues and special assessments Marino v, Gamilla, 2009 Palacol v. Ferter- Calleja Pacific Banking Corp. v. Clave, 1984 () Requirements for validity

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