LABOR STANDARDS

 QUITCLAIMS
o Generally, deeds of release, waiver or
quitclaims cannot bar employees from
demanding benefits to which they are
legally entitled or from contesting the
legality of their dismissal, since quitclaims
are looked upon with disfavor and are
frowned upon as contrary to public policy.
However, where the person making the
waiver has done so voluntarily, with a full
understanding thereof, and the
consideration for the quitclaim is credible
and reasonable, the transaction must be
recognized as being a valid and binding
undertaking
 RECRUITMENT AND PLACEMENT
o Art. 27 LC mandates that pertinently,
for a corporation to engage in
recruitment and placement of
workers, locally or overseas, atleast
75% of its authorized and voting
capital stock is owned by
Filipinos.
 HOURS WORKED
o Time spent on grievance meeting is
considered hours worked
o *****Undertime work on any
particular day shall not be offset by
overtime work on any other day
 WAGES
o Wages of an employee are to be paid
only in legal tender, even when
expressly requested by the
employee
o Case law exempts the wages of rank
and file employees from
garnishment
 HOLIDAY PAY
o Workers paid by results are not
entitled to holiday pay

LABOR RELATIONS
 Government employees have the right to
organize, but they may be held liable for
engaging in concerted mass actions, it being a
prohibited activity under CSC Law.
o The right of government employees to
organize is limited to the formation of
unions or associations without including
the right to strike
 Employees of PhilHealth are allowed to self-
organize under the Constitution which
recognize the right of all workers to self-
organization.
o They, however, cannot demand for better
terms and conditions of employment for
the same are fixed by law. Besides, their
salaries are standardized by Congress
 Equity of the incumbent
o The equity of the incumbent provides
that all existing federations or national
unions, possessing all qualifications of an
LLO and none of the grounds for CR
cancellation, shall continue to maintain
their existing affiliates regardless of their
location or industry to which they
belong. In case of dissociation, affiliates
are not required to observe the one
union-one industry rule
 CERTIFICATION ELECTION
o (VALIDITY OF CE) For purposes of
validity of CE, only the first majority is
required.
o For purposes of determining who must
be certified, both the first and the second
majority are material
o (UNORGANIZED ESTABLISHMENT) A
petition for certification election in
unorganized establishment does not
require the consent of atleast 25% of all
the employees in the bargaining unit.
This requirement applies only for
petitions filed in an organized
establishment.
o *****(WHAT IF A NEW CBA WAS
EXECUTED DURING THE FREEDOM
PERIOD BETWEEN THE INCUMBENT
BARGAINING AGENT PENDING
CERTIFICATION ELECTION?) The
representation case (certification
election) shall not be adversely affected
by a CBA submitted before or during the
last 60 days of a subsisting agreement or
during the pendency of a representation
case (Barkit p. 241)
 UNION SECURITY CLAUSE
o A clause in the CBA whereby the Er
agrees to employ or continue in
employment only workers who are
members of the exclusive bargaining
representative of the Ees of said Er in a
bargaining unit
o Note that Union security clause DOES
NOT dispense with due process
requirements! There can no be hasty
dismissal on the basis of mere request of
Union
 SUBSTITUTIONARY DOCTRINE
o The existing CBA must be honored by a
new exclusive bargaining representative
because of the policy of stability in labor
relations between an employer and the
workers
 ATTORNEY’S FEES and NEGOTIATION FEES
o These fees, arising from collective
bargaining negotiations or conclusion of
the CBA, shall not be imposed on the
members individually. Nevertheless, the
same fees may be charged from the
union funds.
 AUTOMATIC-RENEWAL CLAUSE
o It is the duty of both parties to:
 KEEP the status quo; and
 MAINTAIN in full force and effect the
terms and conditions of the existing
CBA
Until a new CBA has been reached by
the parties
 CLOSED-SHOP PROVISION
o All employees are required to be
members of the union at the time of
hiring. They too must remain members
of good standing during the period of
employment as a condition of continued
employment
o A closed-shop provision shall not apply
to those employees who are already
members of another union at the time of
the signing of the CBA
 MAINTENANCE OF MEMBERSHIP CLAUSE
o Requires all employees who are
union members at the time of the
execution of the CBA to maintain
their membership of good standing,
as a condition for continued
employment