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Labor Law San Beda PDF
Labor Law San Beda PDF
PRELIMINARY TITLE
7.Right to Participate in Policy &
CHAPTER I Decision-Making Processes affecting
GENERAL PROVISIONS their rights and benefits as may be
provided by law
☛ RELATED LAWS:
✍ ART 1. NAME OF DECREE
1. CIVIL CODE: see Arts. 1700, 1701and 1703
☛ LABOR LEGISLATION - Consists of 2. REVISED PENAL CODE: Art. 289
statutes, regulations and jurisprudence 3. OTHERS: SSS Law, GSIS Law, Agrarian
governing the relations between capital and Reform Law, the 13th month pay law, the
labor, by providing for certain standards of terms Magna Carta for Public Health Workers, etc.
and conditions of employment or providing a
legal framework within which these terms and ☛ RATIONALE :
conditions and the employment relationship may
be negotiated, adjusted and administered. It is - The raison d’ etre of labor laws is the POLICE
divided into labor standards and labor relations. POWER of the State
☛ LABOR STANDARDS - Are the minimum ✍ ART 3. DECLARATION OF BASIC
requirements prescribed by existing laws,
POLICY
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
The State shall afford protection to labor,
other monetary and welfare benefits,
promote full employment, ensure equal work
including occupational safety, and health
opportunities regardless of sex, age or creed,
standards.
and regulate the relations between workers and
employers. The State shall assure the right of
☛ LABOR RELATIONS LAW - defines the
workers to self-organization, collective
status, rights, and duties and the institutional
bargaining, security of tenure, and just and
mechanisms that govern the individual and
humane conditions of work.
collective interactions of employers, employees
or their representatives.
- The law which ☛ EMPLOYER - one who employs the
seeks to stabilize the relation between employer services of others; one for whom employees
and employee, to forestall and thresh out their work and who pays their wages or salaries.
differences through the encouragement of
collective bargaining and the settlement of labor ☛ EMPLOYEE - one who works for an
disputes through conciliation, mediation, and employer; a person working for salary or wages
arbitration.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
☛ WORKER -any member of the labor force,
whether employed or unemployed
☛ PRESCRIPTIVE PERIOD
BOOK TWO
HUMAN RESOURCES binds himself to train the apprentice and the
DEVELOPMENT apprentice in turn accepts the terms of training
☛ EXCEPTIONS:
1. When the waiver stipulates higher payment
or rate of OT pay; or W 1. Country is at war or any other
2. Where the contract of employment requires national/local emergency has been
work for more than eight hours of work at declared by the Chief
specified wage per day providing for a fixed Executive/Congress
hourly rate or that the daily wages include N 2. Necessary to prevent loss of
overtime pay. life/property/ in case of actual/impending
emergency in the locality
☛ COMPRESSED WORKWEEK -allowable U 3. There is urgent work to be performed
under the following conditions: on machines, installations, or equipment
1. It is voluntary on the part of the worker in order to avoid serious loss/damage to
2. There will be no diminution of the weekly or the employer or some other causes of
monthly take-home pay and fringe benefits similar nature
of the employees; N 4. Work is necessary to prevent
3. The value of the benefits that will accrue to loss/damage to perishable goods; and
the employees under the proposed schedule C 5. where the completion or continuation
is more than or at least commensurate with of the work started before the eighth
the one-hour OT pay that is due them during hour is necessary to prevent serious
weekdays based on the employee’s obstruction or prejudice to the business
quantification or operations of the employer.
4. The one-hour OT pay will become due and N 6. when it is necessary to avail of
payable if they are made or permitted to favorable weather or environmental
work on a day not scheduled for work on the conditions where performance or quality
compressed work week of work is dependent thereon
5. The work does not involve strenuous physical
exertion and employees must have ✍ ART 90. REGULAR WAGE
adequate rest periods
5. The arrangement is of temporary duration. - include the cash wage only, without deduction
on account of facilities provided by the
✍ ART 88. UNDERTIME NOT OFFSET BY employer
OVERTIME CHAPTER II
WEEKLY REST PERIOD
Undertime work on any particular day shall
not be offset by overtime work on any ✍ ART 91. RIGHT TO A WEEKLY REST
other day. Permission given to the
DAY
employee to go on leave on some other
day of the week shall not exempt the
- Employees should be provided a rest period
employer from paying the additional
of not less than twenty four (24)
compensation.
consecutive hours after every six (6)
consecutive normal work days.
☛ RATIONALE
- An employee’s regular pay rate is lower than - Employer shall schedule the weekly rest day
the overtime rate. Offsetting the undertime of his employees subject to collective
hours against the overtime hours would bargaining agreement. However, the
result in undue deprivation of the employer shall respect the preference of
employee’s extra pay for overtime work. employees as to their weekly rest day
when such preference is based on
religious grounds. But when such
preference will prejudice the operations of
the undertaking and the employer cannot
normally result to other remedial measures,
the employer may so schedule the weekly
rest day that meets the employee’s choice
for at least two (2) days a month
✍ ART 92. WHEN EMPLOYER MAY
✍ ART 89. EMERGENCY OVERTIME
REQUIRE WORK ON A REST DAY
WORK
☛ WHEN EMPLOYEE MAY BE
☛ WHEN WORKER MAY BE REQUIRED
REQUIRED TO RENDER WORK
TO RENDER OT:
ON A REST DAY:
(WNUNCN)
1. In case of actual or impending emergencies ✍ ART 94. RIGHT TO HOLIDAY PAY
caused by serious accident, fire, flood
typhoon, earthquake epidemic or other ☛ HOLIDAY PAY - A day’s pay given by law to
disaster or calamity, to prevent loss of life or an employee even if he does not work on a
property or in cases of force majeure or regular holiday. It is limited to the ten (10)
imminent danger to public safety regular holidays listed by law.
2. urgent work to be performed on the - employee should not have been absent
machinery, equipment or installation to avoid without pay on the working day preceding the
serious loss which the employer would regular holiday
otherwise suffer
3. abnormal pressure of work due to special Art. 94(b) refers to regular holidays, special
circumstances, where the employer cannot holidays are taken care of under Art. 93.
ordinarily be expected to resort to other
measures ☛ PREMIUM PAY - Additional compensation for
4. prevent serious loss of perishable goods work performed on a scheduled rest day or
5. nature of work requires continuous operation holiday.
for seven days a week
6. work is necessary to avail of favorable ☛ REGULAR HOLIDAYS:
weather or environmental conditions where
performance or quality of work depends 1. New Year’s Day -January 1
upon them 2. Maundy Thursday -Movable date
3. Good Friday- Movable date
✍ ART 93. COMPENSATION FOR REST 4. Araw ng Kagitingan -April 9
DAY, SUNDAY OR HOLIDAY WORK 5. Labor Day -May 1
6. Independence Day -June 12
- this article does not prohibit a stipulation in 7. National Heroes Day`-Last Sunday of
the CBA for higher benefits August
8. Bonifacio Day-November 30
☛ SPECIAL HOLIDAYS 9. Christmas Day-December 25
10. Rizal Day-December 30
1. All Saint’s Day -November 1
2. Last Day of the Year-December 31 Note: Compensable whether worked or
3. And all other days declared by law or unworked.
ordinances to be a special holiday or non-
working day ☛DOUBLE HOLIDAY PAY
NOTE: worked = regular wage plus 30% 1. 200% of the basic wage provided, he works
premium pay on that day and was present or on leave
not worked = none with pay on the preceding workday. If
on leave without pay, rate still applies if
☛ ADDITIONAL COMPENSATION FOR leave is authorized.
WORK ON A REST DAY, SUNDAY 2. 400% if he worked – as per DOLE Memo if
OR HOLIDAY WORK: there are 2 regular holidays in one day eg.
April 9 and Good Friday. Provided the
1. Work on a scheduled rest day - 30% of employee worked on the day prior to the
regular wage regular holiday or on leave with pay or on
2. No regular workdays and rest days -30% of authorized absence.
regular wage for work on Sundays & 3. If there are two succeeding holidays eg.,
Holidays Maundy Thursday and Good Friday, the
3. Work on Special Holidays -30% of regular employee must be present the day before
wage the scheduled regular holiday to be entitled
4. Holiday Work falls on Scheduled Rest Day - to compensation to both otherwise, he must
50% of regular wage work on the first holiday to be entitled to
holiday pay on the second regular holiday.
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
REGULAR SPECIAL
HOLIDAY HOLIDAY
EXCEPTIONS:
- checks or money orders may be paid if:
her childbirth or miscarriage shall be paid a daily DELIVERY – includes childbirth, miscarriage, or
maternity benefit equivalent to 100% of her abortion.
average daily salary credit for 60 days or 78
days, in case of caesarian delivery. Purpose: to enable the husband to lend support
to his wife during the period of recovery and/or in
REQUISITES : the nursing of the newly born child.
☛ CONDITIONS : 2. the above acts would impair the
employee’s rights or privileges under
1. he is an employee at he time of the delivery existing labor laws or
of his child; 3. The above acts would result in an
2. he is cohabiting with his spouse at the time intimidating, hostile, or offensive
she gives birth or suffers a miscarriage; environment (Sec. 3[a], RA No. 7877)
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a ✍ ART 136. STIPULATION AGAINST
miscarriage MARRIAGE
- Paternity leave, if not availed of, is not - it shall be unlawful for an employer to require
convertible to cash. as a condition for employment or continuation of
employment that a woman employee shall not
WIFE - refers to the lawful wife which means the get married, or to stipulate expressly or tacitly
woman who is legally married to the male that upon getting married a woman employee
employee concerned. shall be deemed resigned or separated, or to
actually dismiss, discharge, discriminate or
- Where the male employee is already otherwise prejudice a woman employee merely
enjoying the paternity leave by reason of by reason of her marriage.
any law, decree, executive orders or any
contract, agreement or policy between
employer and employee and the existing ✍ ART 138. CLASSIFICATION OF
paternity benefit is greater, the greater CERTAIN WOMEN WORKERS
benefit shall prevail; if lesser, the
existing benefit shall be adjusted to the - Any woman who is permitted to work or
extent of the difference. suffered to work, with or without
compensation, in any night club, cocktail
lounge, massage clinic, bar or similar
✍ ART 135. DISCRIMINATION establishment, under the effective control or
PROHIBITED supervision of the employer for a substantial
period of time as determined by the
- It shall be unlawful for any employer to Secretary of Labor, shall be considered as
discriminate against any woman employee an employee of such establishment for
with respect to terms and conditions of purposes of labor and social legislation.
employment solely on account of her sex.
☛ Extent of the Right to Self- 1. violate the constitutional right of workers and
Organization employees to self-organization,
2. are inimical to the legitimate
a. To form, join and assist labor organizations interests of both labor and
- for the purpose of collective bargaining management, including their right to
through representatives of their own choosing bargain collectively and otherwise
and deal with each other in an
b. To engage in lawful concerted activitiesfor the atmosphere of freedom and mutual
- same purpose respect,
- for their mutual aid and protection 3. disrupt industrial peace and
4. hinder the promotion of healthy and stable
✍ ART 245. INELIGIBILITY OF labor-management relations.
MANAGERIAL EMPLOYEES TO JOIN
ANY LABOR ORGANIZATION; RIGHT OF ☛ PRESCRIPTIVE PERIOD FOR FILING
SUPERVISORY EMPLOYEES. CRIMINAL AND CIVIL CASES FOR ULP:
Reason for ineligibility – in the collective - The prescriptive period of filing ULP cases
bargaining process, managerial employees are whether it be civil or criminal is one year
supposed to be on the side of the employer, to from the accrual of the ULP act.
act as its representatives, and to see to it that its
interests are well protected. The employer is not - The prescriptive period for the criminal case
assured of such protection if these employees is suspended once the administrative case
themselves are union members. has been filed and would only continue
running once the administrative case has
attained finality.
✍ ART. 246.
- HOWEVER: Final judgment in the
“THE RIGHT TO SELF-ORGANIZATION administrative proceedings shall not be
binding in the criminal case nor shall be
SHALL NOT BE ABRIDGED” MEANS: considered as an evidence of guilt but
It shall be unlawful for any person to: merely as a proof of compliance of the
restrain, requirements prescribed by the Code.
coerce,
discriminate against, or Prerequisite for filing criminal case:
unduly interfere final judgment in the administrative proceeding
with employees and workers in their finding that ULP has been committed
exercise of the right to self-organization.
(Art. 246) CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS ☛ YELLOW DOG CONTRACT: A
promise exacted from workers as a
condition employment that they are not to
✍ ART 248. ULP THAT MAY BE
belong to, or attempt to foster, a union
COMMITTED BY AN
during their period of employment.
EMPLOYER
- It is contrary to public policy for it is
1. To interfere with, restrain or coerce
tantamount to involuntary servitude.
employees
- It is entered into without consideration for
- in the exercise of their right to self-
employees waive their right to self-
organization;
organization
2. To require as a condition for employment
- Employees are coerced to sign
that a person or an employee
contracts disadvantageous to their
- shall not join a labor
family.
organization or
- shall withdraw from one to
which he belongs; ☛ Does Art. 248 (c ) mean that an
3. To contract out services or functions being employer cannot contract out work?
performed by union members
- when such will interfere with, NO. Contracting out services is not ULP
restrain or coerce employees in the per se. It is only ULP when the following
exercise of their right to self- conditions exist:
organization; 1. the service contracted- out are being
4. To initiate, dominate, assist or otherwise performed by union members; and
interfere 2. such contracting-out interferes with,
- with the formation or restrains, or coerce employees in
administration of any labor organization, the exercise of their right to self-
- including the giving of financial organization.
or other support to it or its organizers or
officers; - HOWEVER, when the contracting-
5. To discriminate in regard to wages, hours of out is being done to minimize
work, and other terms and conditions of expenses, then it is a valid exercise
employment of management prerogative.
- in order to encourage or
discourage membership in any labor ☛ THREE COMPONENTS OF ART. 248
organization . (e ): (DISCRIMINATION)
☛ THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY OF
INTEREST DOCTRINE:
CERTIFICATION CONSENT
1. similarity in the scale and manner of ELECTION ELECTION
determining earnings
2. similarity in employment benefits, hours of 1. aimed at 1. an agreed one,
work and other terms and conditions of determining the its purpose
employment sole and being merely to
3. similarity in the kinds of work performed exclusive determine the
4. similarity in the qualifications, skills and bargaining agent issue of majority
training of the employees of all the representation of
5. frequency of contract or interchange among employees in an all the workers in
the employees appropriate the appropriate
6. common supervision and determination of bargaining unit collective
labor-relations policy for the purpose bargaining unit
7. history of previous collective bargaining of collective
8. desires of the affected employees bargaining;
9. extent of union organization
2. separate and 2. from the very
☛ AUTOMATIC RENEWAL CLAUSE - this is distinct from a nature of
under the present Article which establishes an consent election consent election,
automatic renewal clause the CBA is effective it is a separate
and enforceable even after the expiration of the and distinct
period fixed by the parties as long as no new process and has
agreement is reached by them. nothing to do
with the import
☛ MODES OF CHOOSING THE and effect of a
EXCLUSIVE BARGAINING UNIT: certification
election
1. SELECTION
- certification election EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
2. DESIGNATION
a) voluntary recognition - By voluntarily recognition of the employer,
b) direct certification the labor organization recognized by the
employer as the exclusive bargaining agent
may collectively bargain with the employer.
☛ CERTIFICATION ELECTION - process of
determining by secret ballot the sole and ☛ WHEN IS THE CONDUCT OF A
exclusive bargaining agent of the employees in CERTIFICATION ELECTION
an appropriate bargaining unit, for purposes of MANDATORY ON THE PART OF THE
collective bargaining. BLR?
☛ DIRECT CERTIFICATION - process whereby
1. In an unorganized company –
the Med-Arbiter directly certifies a labor
a. upon the filing of a verified petition by a
organization of an appropriate bargaining unit of
legitimate labor organization; or
a company after a showing that such petition is
b. upon the filing of a petition by the
supported by at least a majority of the
employer when such employer is
employees in the bargaining unit. It is no
requested by the employees to bargain
longer allowed. (EO 111)
collectively.
2. In an organized company upon the filing of
☛ VOLUNTARILY RECOGNITION a verified petition by a legitimate labor
- process whereby the employer recognizes a
organization questioning the majority status
labor organization as the exclusive of the incumbent bargaining agent within the
bargaining representative of the employees 60-day freedom period before the expiration
in the appropriate bargaining unit after a of a CBA.
- The petition must be supported by b. The election results in none of the
the written consent of at least 25% choices received the majority
of all the employees in the votes(50%+1) of the valid votes cast
appropriate bargaining unit.
- If not within 6 months, the parties may ☛ ONE-UNION, ONE-COMPANY POLICY- the
agree to the DATE OF RETROACTION. proliferation of unions in an employer unit is
This rule applies only if there is an discouraged as a matter of policy unless there
EXISTING AGREEMENT. IF THERE IS NO are compelling reasons which would deny a
EXISTING AGREEMENT, there is no certain class of employees the right to self-
retroactive effect because the date agreed organization for purposes of collective
upon shall be the start of the period of bargaining.
agreement.
EXCEPTIONS: supervisory employees who are
TAKE NOTE: Article 253-A on retroaction does allowed to form their own unions apart from the
not apply if the provisions were imposed by the rank-and-file employees
Secretary of Labor by virtue of arbitration. It
applies only if the agreement was voluntarily LABOR MANAGEMENT COUNCILS deal with
made by the parties. the employer on matters affecting employee’s
rights, benefits and welfare. They may be
☛ SUCCESSOR-IN-INTEREST DOCTRINE formed even if there is already a union in the
occurs when an employer is succeeded by company.
another employer, the successor-in-interest who
is a buyer in good faith has no liability to TITLE VII- A
employees in continuing employment and (as incorporated by RA 6715)
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor
practice.
GRIEVANCE MACHINERY AND
VOLUNTARY ARBITRATION
EXCEPTIONS TO THE SUCCESSOR-IN-
INTEREST DOCTRINE: ✍ ART 260. GRIEVANCE MACHINERY
AND VOLUNTARY ARBITRATION
1. If the transfer is done in bad faith;
2. If it was done to circumvent the obligation of ☛ GRIEVANCE MACHINERY - Mechanism for
the seller; the adjustment of controversies or
3. If the successor expressly assumes the disputes arising from the
obligations of the seller interpretation or implementation of
the CBA and the interpretation or
☛ BARGAINING IMPASSE – exists when good enforcement of personnel policies
faith bargaining on the part of the parties filed to
resolve the issue and there are no definite plans ☛ GRIEVANCE ARISES: when a dispute or
for further efforts to break the deadlock controversy arises over the implementation or
interpretation of a CBA or from the
✍ ART 254. NO INJUNCTION RULE implementation or enforcement of company
personnel policies, and either the union or the
employer invokes the grievance machinery - it is the most effective weapon of labor in
provision for the adjustment or resolution of such protecting the rights of employees to
dispute or controversy. improve the stems and conditions of their
employment.
- both parties must resort to grievance
machinery ☛ STRIKE-BREAKER- any person who
obstructs, impedes or interferes by force,
✍ ART 261. JURISDICTION OF violence, coercion, threats or intimidation with
VOLUNTARY ARBITRATORS OR PANEL any peaceful picketing by employees during any
OF VOLUNTARY ARBITRATORS labor controversy affecting wages, hour or
conditions of work or in the exercise of the right
☛ JURISDICTION OF VOLUNTARY to self organization or collective bargaining
ARBITRATORS:
☛ STRIKE AREA – the establishment,
warehouse, depots, plants or offices, including
EXCLUSIVE ORIGINAL JURISDICTION
the sites or premises used as runaway shops of
CONFERRED BY LAW
the employer struck against, as well as the
a) interpretation or implementation
immediate vicinity actually used by picketing
of the CBA
strikers in moving to an fro before all points of
b) interpretation or enforcement of
entrance to and exit front said establishment
company personnel polices
☛ LOCKOUT - means the temporary refusal of
- It is the labor arbiter and not the
an employer to furnish work as a result of an
grievance machinery which has jurisdiction
industrial or labor dispute.
over dismissal pursuant to the union
security clause.
☛ GROUNDS FOR THE DECLARATION
1. JURISDICTION BY AGREEMENT OF THE OF STRIKE
PARTIES
- voluntary arbitrators shall also hear and 1. deadlock in collective bargaining; and/or
decide all other disputes including ULP and 2. unfair labor practices
bargaining deadlocks.
☛ WHO CAN DECLARE ECONOMIC
☛ GROUNDS FOR JUDICIAL REVIEW OF (Bargaining Deadlock) STRIKE:
DECISIONS OF VOLUNTARY
ARBITRATORS: 1. Collective bargaining agent
☛ COOLING –OFF PERIOD - that period of ☛ When should the strike vote be
time given the NCMB to mediate and conciliate submitted?
the parties.
The report on the strike vote must be
- It is that span of time allotted by law for the submitted to the DOLE at least 7 days before the
parties to settle their disputes in a peaceful intended strike subject to the cooling-off period.
manner, before staging a strike or lockout.
☛ TESTS FOR THE LEGALITY OF A
NUMBER OF DAYS IN THE COOLING STRIKE:
OFF PERIOD:
1. Whether or not is has a lawful PURPOSE.
1. If the ground for the intended strike or 2. Whether or not is complies with the
lockout is DEADLOCK IN COLLECTIVE PROCEDURAL REQUIREMENTS OF THE
BARGAINING, the cooling-off period is 30 LAW, to wit –
days from the filing of the notice of strike. - notice of strike
2. If the ground for the intended strikes is - 30/15-day cooling-off
UNFAIR LABOR PRACTICE, the cooling- period
off period is 15 days from the filing of the - strike vote
notice of strike. Therefore: - 7-day strike ban
3. Whether or not it is executed through
- HOWEVER, in case of dismissal from LAWFUL MEANS.
employment of union officers duly in
accordance with the union constitution and - NOTE: The 3 tests must concur.
by-laws, which may constitute union busting
☛ EFFECT OF GOOD FAITH OF - -the history of the
STRIKERS ON LEGALITY OF STRIKE: particular employer’s labor relations of
- A strike may be considered legal where the anti-union bias or
union believed that the company committed - -because of their
ULP and the circumstances warranted such connection with an established collateral
belief in good faith, although subsequently plan of coercion or interference.”
such allegations of ULP are found out as not (Rothenberg)
true.
☛ ISSUES THAT THE SECRETARY OF
LABOR CAN RESOLVE WHEN HE ASSUMES
☛ WHEN CAN THE SEC. OF LABOR JURISDICTION OVER A LABOR DISPUTE:
ASSUME JURISDICTION OVER A
STRIKE? 1. Only issues submitted to the Secretary may
be resolved by him. (PAL vs. Sec. of
1. there exists a labor dispute causing or likely Labor, 23 January 1991)
to cause a strike or lockout in a industry 2. Issues submitted to the Secretary for
indispensable to the national interest, resolution and such issues involved in the
2. the Secretary of Labor and Employment labor dispute itself. (St. Scholastica’s
may assume jurisdiction and EITHER: College vs. Torres, 29 June 1992)
3. Secretary of Labor may subsume pending
- decide it or labor cases before Labor Arbiters which are
- certify the same to the involved in the dispute. (Int’l
Commission for COMPULSORY Pharmaceuticals vs. Sec of Labor, 09
ARBITRATION. January 1992).
4. Power of Sec. of Labor is plenary and
INDISPENSABLE INDUSTRY is based solely discretionary. (St. Luke’s Medical Center
upon the discretion of the Secretary of Labor vs. Torres, 29 June 1993; reiterated in PAL
vs. Confesor, 10 March 1994).
☛ EFFECTS OF THE ASSUMPTION OF
JURISDICTION OF THE SECRETARY ☛ TESTS TO DETERMINE VALIDITY OF
STRIKES.
1. automatically enjoining the intended or
impending strike or lockout as specified in 1. PURPOSE TEST - The strike must be due
the assumption or certification order. to either
2. if one has already taken place at the time of - -bargaining deadlock
assumption or certification, all striking or and/or
locked out employees shall immediately - -unfair labor practice.
return to work and
3. the employer shall immediately resume 2. MEANS EMPLOYED TEST- -A strike may
operations and readmit all workers under be legal at its inception but eventually be
the same terms and conditions prevailing declared illegal if the strike is accompanied
before the strike or lockout. by violence which violence is widespread,
4. A motion for reconsideration does not pervasive and adopted as a matter of policy
suspend the effects as the assumption order and not merely violence which is sporadic
is immediately executory. which normally occur in a strike area.
EMPLOYER Employers in private sector All government agencies and All employers (private or public)
instrumentalities , including GOCCs
COVERAGE
COMPULSORY 1. Employees not over 60 years of age and their 1. Compulsory for all employees Any person compulsorily covered
employers. receiving compensation who have not by GSIS or SSS
2. 2. Domestic helpers whose monthly income reached compulsory retirement age Any person employed as casual,
is not less than P1,000.00. irrespective of employment status. emergency, temporary, substitute
3. Self-employed persons as determined by the or contractual
Commission : a) self-employed professionals; *Including barangay and sanggunian
b) partners and single proprietors; c) actors officials
and actresses, directors, etc; d) professional
athletes, coaches, trainers, etc. and e)
individual farmers and fishermen.
VOLUNTARY 1. Spouses who devote full time to managing of
household and family affairs, UNLESS they
are also engaged in other vocation or
employment which is subject to
MANDATORY coverage.
2. 2. Filipinos recruited by foreign-based
employers for employment abroad.
3. Employees separated from employment by
paying TOTAL contribution (meaning : both
employer and employee’s share)
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
1. AFP
EXEMPTED 1. purely CASUAL and not for purpose or 2. PNP
occupation of the employer. 3. Contractuals who have no employer
EMPLOYMENT
2. Performed in an alien vessel by an employee and employee relationship
if he is employed when such vessel is outside
of the Philippines. * Members of the judiciary and the
3. By the government of the Philippines or Constitutional Commissions – life
instrumentality or agent thereof. insurance only
4. Foreign government of international
organization.
BENEFITS 1. Monthly pension 1. Life Insurance
2. Dependents’ pension 2. Retirement
3. Retirement 3. Disability
4. Death Benefits 4. Survivorship
5. Permanent Disability benefits 5. Separation
6. Funeral 6. Unemployment
7. Sickness
8. Maternity * Life insurance for the members of the
judiciary and constitutional commissions.
BENEFICIARIES
MODE 1. For those with employees – Employee 1. The employer shall deduct each
OF COLLECTION contribution shall be deducted by the month from the salary or compensation of
employees based on an approved schedule. each employee the contribution payment.
Employer shall remit BOTH EMPLOYEE AND Employer shall remit to the system within
EMPLOYER contribution to the system. 10 days the Employer-Employee
2. For self-employed – Self-employed shall pay contributions.
BOTH EMPLOYER AND EMPLOYEE
contributions to the system.
3. For government contribution – remitted to the
SSS within the first 10 days of each calendar
month following the month got which they are
applicable.
ENTITLED TO Member has reached age of 60 or 65. OPTIONAL. Member meets the ff :
RETIREMENT 1. has worked for at least 15 years.
BENEFITS 2. Is at least 60 years of age at time of
retirement, and
3. Is not receiving monthly pension
benefit from permanent total disability
DISABILITIES DEEMED Complete and permanent loss of use of a Complete and permanent loss of a Complete and permanent loss of
PERMANENT PARTIAL digit, limb, ear (or both ears), hearing in one or digit, limb, ear (or both ears), hearing in use of a digit, limb, ear (or both ears),
both ears, or sight in one eye. one or both ears, or sight in one eye. hearing in one or both ears, or sight in
one eye.
SYSTEM EXCUSED For permanent disability in the ff. cases : For all contingencies in the ff. cases :
FROM LIABILITY 1. grave misconduct 1. intoxication
2. notorious negligence 2. willful intent to injure or kill one’s
3. willful intent to kill self or another self or another
4. habitual intoxication 3. notorious negligence
COVERAGE Occurrence of contingency whether or not Occurrence of contingency whether or Work-related illness or injury.
work-connected. not work-connected.
NOTICE Employee to notify employer within 5 days Employee to notify employer within
REQUIREMENT from injury or illness(unless no longer 5 days from injury or illness (unless
necessary under the exceptions) it is no longer necessary under the
Employer to notify SSS within 5 days from exceptions)
notice. Employer to record the same in
logbook within 5 days from notice.
Employer to notify SSS or GSIS
within 5 days from recording in
logbook.
EFFECT OF Legal And eligible claimant may still SSS absolved unless notified of other
ERRONEOUS demand benefits, without prejudice to claim prior to payment.
PAYMENT right of GSIS to sue improper claimant.
DISPUTE SETTLEMENT 1. File claim with SSS. 1. File claim with GSIS. 1. File claim with SSS and GSIS.
2. Appeal to Social Security Commission. 2. Appeal to GSIS Board. 2. Appeal to ECC.
3. Appeal to CA. 3. Appeal to CA. 3. Appeal to CA
4. Appeal to SC 4. Appeal to SC. 4. Appeal to SC
EXCLUSIVENESS OF May Apply for same benefits in EC, if in Whenever other laws provide similar May apply for the same benefits
BENEFITS private sector. benefits for the same contingencies, under SSS, if in the private sector.
May not receive benefits for same members who qualifies has option to May apply for same benefits under
contingency under GSIS offers more (he may choose. If benefits chosen are less GSIS, if in public sector (applying
then receive deficiency) than under GSIS, he may get the Mazo Sugar Central vs CA case.
difference.
However, with respect to work-
connected illness and injuries, he
may also recover in full under ECC,
applying the Mazo Sugar Central vs
CA case.
PRESCRIPTIVE 10 years from the time the right of action 4 years from date of contingency
PERIODS accrues. except life and retirement benefits
5. Cases involving
prohibited acts in strikes
(ART. 264)