Dokumen - Tips 78636068 Memory Aid Labor

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SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAW
Any form of reproduction of this copy is strictly prohibited!!!
PRELIMINARY TITLE
∗ SEVEN (7) BASIC RIGHTS OF WORKERS
CHAPTER I AS GARANTEED BY THE
GENERAL PROVISIONS CONSTITTION (OCESHLP)!
&. ight to rgani#e

− ART 1. NAME OF DECREE /. ight to Conduct Collective 0argaining
or %egotiation with +anagement
∗ LABOR LEGISLATION - Consists of statutes, 1. ight to 2ngage in 3eaceful Concerted
regulations and jurisprudence governing the Activities including strike in accordance
relations between capital and labor, by providing with law
for certain standards of terms and conditions of ). ight to 2njoy 4ecurity of "enure
employment or providing a legal framework 5.ight to 6ork 7nder 8umane Conditions
within which these terms and conditions and the 9.ight to eceive a $iving 6age
employment relationship may be negotiated,
adjusted and administered. It is divided into (.ight to 3articipate in 3olicy :
labor standards and labor relations. ;ecision-+aking 3rocesses affecting
their rights and benefits as may be
∗ LABOR STANDARDS - Are the minimum provided by law
reuirements prescribed by eisting laws,
rules and regulations relating to wages, RELATED LAWS!
hours of work, cost-of-living allowance, and
other monetary and welfare benefits, &. CI<I$ C;2= see Arts. &(>>, &(>&and &(>1
including occupational safety, and health /. 2<I42; 32%A$ C;2= Art. /?'
standards. 1. "824= 444 $aw, @4I4 $aw, Agrarian
eform $aw, the &1 th month pay law, the
∗ LABOR RELATIONS LAW - defines the +agna Carta for 3ublic 8ealth 6orkers, etc.
status, rights, and duties and the institutional
mechanisms that govern the individual and RATIONALE !
collective interactions of employers, employees
or their representatives. - "he raison d etre of labor laws is the POLICE
- "he law which POWER of the 4tate
seeks to stabili#e the relation between employer
and employee, to forestall and thresh out their − ART ". DECLARATION OF BASIC POLICY
differences through the encouragement of
collective bargaining and the settlement of labor "he 4tate shall afford protection to labor,
disputes through conciliation, mediation, and promote full employment, ensure eual work
arbitration. opportunities regardless of se, age or creed,
and regulate the relations between workers and
−
ART. 2. DATE OF EFFECTIVITY employers. to
workers "he 4tate shall assure thecollective
self-organi#ation, right of
∗ "he $abor Code took effect on %ovember &, bargaining, security of tenure, and just and
&'() *si months after its promulgation on +ay humane conditions of work.
&,&'()
∗ EMPLOYER - one who employs the services
of othersB one for whom employees work and
who pays their wages or salaries.
LABOR LAW COMMITTEE : JUBERT JAY C. ANDRION , Chairperson, PAULITO DEJESUS , EDP
MEMBERS : RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Aneluz Torres, !heila !uli", Liezel DeLeon, Ana Marie Ga#os, Liza !a"o , Mac$Mac Romero, %ilmar Calle&o, !all# !il'a,
Jo# Me&ia, (o)ard Arzadon
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∗ EMPLOYEE - one who works for an employerB

a person working for salary or wages
− ART #. CONSTRCTION IN FAVOR OF

LABOR
∗ CONSTRCTION IN FAVOR OF LABOR

CLASE -this is with a view to apply the Code
to the greater number of employees to enable
them to avail of the benefits under the law
*Abella vs. %$C. "he working mans welfare
should be the primordial consideration.
- "his rule is applicable i$ %&'' i * +,% as

to the meaning of the legal or contractual
provision. If the provision is clear and
unambiguous, it must be applied in
accordance with its epress terms.
- "hese laws &,/+ ' in%'0'%'+ i%& *

i' %, %&' $*3% %&*% %&'4 *' '5'+i*/ in
n*%', they are enacted to better the lot
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
Page 2 of 82

and promote the welfare of the members of the − ART 8. RLES AND REGLATIONS
laboring class.
- "he rules and regulations issued by the ;$2
- R''*%i,n ,$ ''n%i*/ *%%i%' ,$ shall become '$$'3%i' 18 +*4 *$%'
,''i6n 0,' is read into contracts *nn,n3'5'n% ,$ %&'i *+,0%i,n in
as a postulate of the legal order. n'0*0' ,$ 6'n'*/ 3i3/*%i,n.
- Courts *+,0% * /i'*/ *00,*3& %&*%

$*, %&' ''3i' ,$ /*, i6&%.
"he mandate under Art. ) is simply to
resolve doubt, i* an#, in favor of labor. If
there is no doubt in implementing and
interpreting the law, labor will enjoy no − ART 9. APPLICABILITY
built-in
to advantage
be applied and the law will have
as it is. ∗ AGRICLTRAL OR FARM WORKER - one
employed in an agricultural or farm enterprise
MANAGEMENT RIGHTS! *CPST) and assigned to perform tasks which are directly
related to the agricultural activities of the
C ight to conduct business employer, such as cultivation and tillage of the
P ight to prescribe rules soil, dairying, growing and harvesting of any
S ight to select employees agricultural and horticultural commodities, the
T ight to transfer or discharge raising of livestock or poultry, and any activities
employees performed by a farmer as an incident to or in
conjunction with such farming operations.
MANAGEMENT PREROGATIVE
- "here may be in ,n' '50/,4' ,%&
2cept
employer astolimited
is free by special
regulate, laws,
according an
to his *6i3/%*/ * '// * in+%i*/ ,:'.
own discretion and judgment, all aspects of - PRPOSE ,$ %&' 0,ii,n! intended to
employment, including= encourage workers to seek employment in
8II%@, 6 A44I@%+2%"4, agricultural enterprises instead of migrating
6I%@ +2"8;4, "I+2 3$AC2 A%; to already overcrowded urban areas to find
+A%%2 D 6, "$4 " 02 742;, work in industrial establishments
3C24424 " 02 D$$62;,
4732<I4I% D 624, 6I%@ - "he $C applies to all workers, whether
2@7$A"I%4, "A%4D2 D 2+3$E224, agricultural or non-agricultural, including
6 4732<I4I%, $AE-DD D employees in a 6,'n5'n% 3,0,*%i,n
624, A%; ;I4CI3$I%2, ;I4+I44A$ in3,0,*%'+ n+' %&' C,0,*%i,n C,+'.
A%; 2CA$$ D 624. *HW8T2PLSD)
- "hus, so long as management prerogatives FARM EMPLOYER-

are eercised in good faith for the FARM TENANCY
advancement of the employers interest and WORKER RELATIONSHIP
not for the purpose of defeating or RELATIONSHIP
circumventing the rights of employees under
special law or under valid agreements, it - "he lease is one - It is the landowner
shall be upheld. of labor with the who is the lessor
agricultural laborer and the tenant the
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
Page 3 of 82
as the lessor of his lessee of

services and the agricultural land ∗ EMANCIPATION PATENT - is the title issued
farm employer as to the tenant upon compliance with all the
the lessee reuirements of the government. It represents
the full emancipation pf the tenant from the
- "he agricultural - "he tenant derives bondage of the soil.
worker works for his income from the
the farm employer agricultural produce PROHIBITION AGAINST ALIENATION IS
and for his labor he or harvest INTENDED TO!
receives a salary or
wage, regardless of &. 3reserve the landholding in the hands of the
whether the owner-tiller and his heirsB
employer makes a /. minimi#e land speculationB and
profit. 1. prevent a return to the regime of land
ownership by a few.
BOOK ONE
PRE-EMPLOYMENT
TITLE I
RECRITMENT AND PLACEMENT OF
WORKERS
CHAPTER II CHAPTER I
EMANCIPATION OF TENANTS GENERAL PROVISIONS
*%ote= not included as per 4C +emo
−
− ART 7-11 ART 1". DEFINITIONS

∗ WORKER -any member of the labor force,
- S&*' %'n*n34 &* ''n *,/i&'+ whether employed or unemployed
placing in its stead leasehold system.
∗ RECRITMENT AND PLACEMENT - any act
- 7nder Art. ?, the land covered by operation of canvassing, enlisting, contracting,
land transfer 5% ' 0i*%' *6i3/%*/ transporting, utili#ing, hiring or procuring
/*n+; %'n*n%'+; 0i5*i/4 +',%'+ %, i3' workers, and includes referrals, contract
*n+<, 3,n; *n+ 5,' %&*n ''n services, promising or advertising for
&'3%*' in *'. employment, locally or abroad, whether for profit
or notB 3<I;2;, that any person or entity
P''n% '%'n%i,n /i5i%! which, in any manner, offers or promises for a
- 5 hectares
per per landowner
child provided and 1 hectares
the child is= fee employment
deemed engagedtointwo or more persons
recruitment shall be
and placement.
*C2C-"7C3 *C3A
&. Is at least &5 years of ageB and
/. Actually tilling the land or directly managing -"he number of persons dealt with is not
the farm an essential ingredient of the act of recruitment
and placement of workers. "he proviso merely
E=CEPTIONS! creates the presumption.
- those covered by homestead patents
- those covered by 3; /(
− ART 19. PRIVATE RECRITMENT a. claims arising out of an employer-employee

relationship or by virtue of any law or
ENTITIES ATHORI>ED TO RECRIT contract involving Dilipino workers for
overseas deployment including claims for
&. 3ublic employment offices actual, moral, eemplary and other forms of
/. 3rivate recruitment entitiesB private damages.
employment agencies
1. 4hipping or manning agents or ∗ V'n' @ +oney claims or claims for damages
representatives should be filed before the egional Arbitration
). "he 32A branch of the %$C where the complainant
5. Construction contractors if authori#ed by the resides or where the principal office of the
;$2 and the Construction Industry respondentGemployer is situated, at the option of
Authority the complainant.
9. +embers of the diplomatic corps *but hirings
must also go thru 32A ∗ C,50,5i' A6''5'n% - Consistent with
(. ther persons or entities as may be the policy encouraging amicable settlement of
authori#ed by the ;$2 secretary labor disputes, 4ec &>, A ?>)/ allows
resolution by compromise of cases filed with the
DOCMENTATION OF WORKERS! %$C.
&. Contract 3rocessing F workers hired thru the ∗ PREMATRE TERMINATION OF

32A shall be issued the individual CONTRACT - 6here the workers employment
employment contract and such other contract is terminated long before its agreed
documents as may be necessary for travel termination date, and the termination is not
/. 3assport ;ocumentation shown to be based on lawful or valid grounds,
1. <isa Arrangement the employer will be ordered to pay the workers
their
portionsalaries
of theircorresponding to the unepired
employment contract. (Ti'*
− ART 17. (POEA)
In%/ C,n%3%i,n C,0. . NLRC).
- 32A has taken over the functions of the
2;0 862<2, under .A. ?>)/, if the illegal
dismissal %,,: 0/*3' ,n , *$%' ?/4 18; 18,
AD?DICATORY FNCTIONS OF THE the illegally dismissed ,''* worker shall be
POEA ! 'n%i%/'+ %, %&' $// 'i5'5'n% ,$ &i
0/*3'5'n% $'' i%& in%''% *% %&' *%' ,$ 12
a. All cases which are administrative in 0' *nn5 0/ */*4 $, %&' n'0i'+
character, involving or arising out of 0,%i,n ,$ &i '50/,45'n% 3,n%*3% , $, "
violations of rules and regulations relating to 5,. $, ''4 4'* ,$ %&' n'0i'+ %'5
licensing and registration of recruitment and &i3&'' i LESS.
b. employment agencies
;isciplinary action or entitiesB
cases and otherand special
cases which are administrative in character, - Claims for +'*%& *n+ i*/ 'n'$i%
involving employers, principals, contracting in,/in6 '*5'n OCW &i3& %&' POEA
partners and Dilipino +igrant 6orkers has jurisdiction *' n,% %&' *5' as the
3/*i5 *6*in% %&' S%*%' In*n3' Fn+
?RISDICTION TRANSFERRED TO THE ,$ %&' LC.
LABOR ARBITERS OF THE NLRC !
- "he basis for the award of backwages is the /. Dree "ransportation from point of hire to site
partiesH employment contract, stipulating the of employment and returnB
wages and benefits. 1. Dree emergency medical and dental
treatment and facilitiesB
- T&' $*3% %&*% %&' '50/,4'' &* i6n'+ * ). ust causes for termination of the contract or
*%i$*3%i,n '3'i0% +,' n,% '/% in of the services of the workersB
*i' %&' /* +,' n,% 3,ni+' * 5. 6orkmens compensation benefits and war
ha#ard protectionB
*/i+ *n4 *6''5'n% %, '3'i' /' 9. epatriation of workers remains and
3,50'n*%i,n %&*n &*% %&' ,:' i properties in case of death to the point of
'n%i%/'+ %, '3,'. hire, or if this is not possible the possible
(MR Y*+ C' ni,n . PNR) disposition thereof
(. Assistance on remittance of workers
−
ART 1. BAN ON DIRECT-HIRING salaries, allowances
beneficiariesB and or allotments to his
∗ Di'3% &iin6 ,$ Fi/i0in, ,:' 4 * ?. Dree and adeuate board and lodging
$,'i6n '50/,4' i n,% *//,'+. facilities or compensatory food allowance at
prevailing cost of living standards at the
∗ E=CEPTIONS ! jobsite.
&. the members of the diplomatic corpsB − ART 22. MANDATORY REMITTANCE OF
/. international organi#ationsB FOREIGN E=CHANGE EARNINGS
1. such other employers as may be allowed by
the ;epartment of $abor and employment MANDATORY REMITTANCE
). n*5' &i'' F individual workers who are REIREMENTS!
able to secure contracts for overseas
employment
representations onwithout
their the
own assistance
efforts and
or &. 4eamen
salaryB or mariners= ?>J of the basic
participation or any agency /. 6orkers for Dilipino Contractors and
Construction Companies= (>J of the basic
∗ RATIONALE OF THE PROHIBITION salaryB
- Fi/i0in, ,:' &i'+ +i'3%/4 4 * 1. ;octors, engineers, teachers, nurses, and
$,'i6n '50/,4'; i%&,% 6,'n5'n% other professionals whose employment
in%''n%i,n 5*4 n,% ' *'+ ,$ %&' contract provide for lodging facilities= same
'% 0,i/' %'5 *n+ 3,n+i%i,n ,$ as K/
,:. "he foreign employer must also be ). All other professionals without board and
protected and may chance upon a Dilipino lodging= 5>J of the basic salaryB
worker who do not possess sufficient 5. ;omestic and other service of workersB 5>J
knowledge for which he is employed. of the basic salary.
MINIMM EMPLOYMENT CONDITIONS OF

OVERSEAS EMPLOYMENT! − ART 28. PRIVATE SECTOR PARTICIPATION
IN THE RECRITMENT AND PLACEMENT OF
&. @uaranteed wages for regular working hours WORKERS
and overtime pay for services rendered
beyond regular working hours in accordance ∗ ALIFICATIONS FOR PARTICIPATION IN
with the standards established by the THE OVERSEAS EMPLOYMENT PROGRAM!
Administration
&. Dilipino citi#ens, partnerships or corporations authority be transferred, conveyed or

at least (5J of the authori#ed and voting assigned to any other person or entity.
capital stock of which is owned and
controlled by Dilipino citi#ensB - $icensees or holders of authority or their
/. +inimum capitali#ation of &+ in case of duly authori#ed representatives may as a
single proprietorship or partnership and a rule, undertake recruitment and placement
minimum of &+ paid-up capital for activities ,n/4 *% %&'i *%&,i'+ ,$$i3i*/
corporationsB *++''.
1. "hose not otherwise disualified by law or
these guidelines to engage in the - C&*n6' ,$ ,n'&i0 , '/*%i,n&i0 ,$
recruitment and placement of workers for in6/' 0,0i'%,&i0 /i3'n'+ to engage
overseas employment in overseas employment shall cause the
*%,5*%i3 ',3*%i,n ,$ %&' /i3'n'.
∗
DISALIFICATIONS! - All ,''* /*n+*'+ ,:' shall be
&. "ravel agencies and sales agencies of provided both /i$' *n+ 0',n*/ *33i+'n%
airline companiesB in*n3'.
/. fficers or members of the board of any
corporation or members in a partnership ∗ GRONDS FOR DISCIPLINARY ACTION
engaged in the business of a travel agencyB *7nder the MWA ,$ 18 B
1. Corporations and partnerships, when any of
its officers, members of the board or &. Commission of a felony punishable by the
partners, is also an officer, member of the laws of the 3hilippines or by the host
board or partner of a corporation engaged in countryB
the business of a travel agency. /. ;rug addiction or possession or trafficking of
). 3ersons, partnerships, or corporations which prohibited drugsB
have derogatory recordsB 1. ;esertion or abandonmentB
5. 3ersons employed in the ;epartment of ). ;runkenness, especially where the laws of
$abor or in other government agencies the of the host country prohibit the sameB
directly involved in overseas employment 5. @ambling, especially where the laws of the
program and their relatives within the ) th host country prohibit the sameB
degree of consanguinity or affinityB or 9. Initiating or joining a strike or work stoppage
9. "hose whose license has been previously where the laws of the host country prohibit
canceled or revoked. strikes or similar actionsB
(. Creating trouble at the worksite or in the
vesselB
CHAPTER II ?. 2mbe##lement of company funds or of
REGLATIONS OF RECRITMENT AND money an properties of a fellow worker
PLACEMENT ACTIVITIES entrusted for delivery to kins or relatives in
the 3hilippinesB
− ART 2. NON-TRANSFERABILITY OF '. "heft or robberyB
LICENSE OR ATHORITY &>. 3rostitutionB
&&. <andalism or destroying company propertyB
- N, /i3'n' , *%&,i%4 &*// ' '+ &/. @unrunning or possession of deadly
+i'3%/4 , in+i'3%/4 4 *n4 0',n ,%&' weaponsB
%&*n %&' ,n' in &,' $*, i% * i'+ &1. 7njust refusal to depart for the worksite after
or at any place other than that stated in the all employment and travel documents have
license or authority, nor may such license or been duly approved by the appropriate
government agencyB and
&). <iolation of the laws and sacred practices of

the host country and unjustified breach of CHAPTER III
government approved employment contract MISCELLANEOS PROVISIONS
by a worker.
− ART ". ILLEGAL RECRITMENT (* 0'
− ART "1. BONDS RA #2 ,%&'i' :n,n * %&' Mi6*n%
W,:' A3% ,$ 18)
- C*& ,n+ $i/'+ 4 *00/i3*n% $, /i3'n'
, *%&,i%4 i n,% '3% %, 6*ni&5'n% ∗ ILLEGAL RECRITMENT - Any act of
by judgment creditor of agency canvassing, enlisting, contracting,
transporting, utili#ing, hiring or procuring
− ART "2. FEES TO BE PAID BY WORKERS workers and includes referring contract
services, promising or advertising for
- 4uspension or cancellation of licenses 5*4 employment abroad, whether for profit or
in3/+' **+ ,$ +*5*6' to repair the not when undertaken by a non-licensee
injury caused to its victims. or non-holder of authority.
3<I;2; that any such non-licensee
− ART "#. PROHIBITED PRACTICES or non-holder of authority who in any manner,
offers or promises for a fee employment abroad
- A 00/'5'n%*4 3,n%*3% 'n'$i3i*/ %, to two or more persons shall be deemed so
,:' n,% i,/*%i' ,$ 0,%'3%i,n afforded engaged. It shall likewise include the
by the 4tate to workers. commission of prohibited acts whether
committed by a non-licensee or non-holder of
− ART "8. SSPENSION AND<OR authority or a licensee or holder of authority.
CANCELLATION OF LICENSE OR
ATHORITY PROHIBITED PRACTICES!
(CFGIIEOFSBWF)
∗ NON-LICENSEE OR NON-HOLDER OF
ATHORITY - any person, corporation or entity C to charge or accept amount beyond
which has not been issued a valid license or amount allowed by law
authority to engage in recruitment and F to furnish or publish false notice or
placement by the 4ecretary of $abor, or whose information in relation to ecruitment
license or authority has been suspended, and 3lacement
revoked, or cancelled by the 32A and the G to give any false notice and information
4ecretary. or commit any act of misrepresentation
to secure license or authority
I Induce or attempt to induce workers to
uit employment to offer him another
ecept if the transfer is to liberate a
worker from oppressive terms and
conditions of employment *%"2= it is
not necessary that worker was actually
induced or did uit employment
I to influence or attempt to influence any
person or entity not to employ any
worker who has not applied for
employment in his agency
E to engage in the recruitment or
placement of workers in jobs harmful to
public health or morality or to the dignity 0'i,/4 *%&,i'+ 4 %&' POEA shall
of the 3hil. likewise 3,n%i%%' i//'6*/ '3i%5'n%.
O bstruct or attempt to obstruct
inspection by 4ecretary - ART. " ( 3 ) +'3/*'+ n3,n%i%%i,n*/
F Dail to file reports since only a judge may issue search
S 4ubstitute or alter employment contracts warrantG warrant of arrest. "he 4ec. f
B 0ecome officer or 0oard member of $abor may only recommend not issue.
corporation engaged in travel agency 8owever, Closure of establishments of
W 6ithhold or deny travel documents illegal recruiters may still be ordered by
before the departure for monetary or 4ecretary of $abor, same being essentially
financial consideration other than those administrative and regulatory in nature.
authori#ed by the Code. (S*/** . A3&*3,, *n+ M*J')
F Dailure to actually deploy without valid

F reason as
Dailure to determined by the ;$2
reimburse epenses incurred PRESCRIPTIVE PERIOD
by the worker in connection with his Illegal ecruitment cases under A ?>)/ shall
documentation and processing for prescribe in $i' (8) 4'* Pro'ided, ho)e'er,
purposes of deployment, in cases where "hat illegal recruitment cases involving
the deployment does not actually take '3,n,5i3 *,%*6' shall prescribe in %'n%4
place without the workers fault (2) 4'*.
THE ALIFYING CIRCMSTANCES THAT TITLE II

WOLD MAKE ILLEGAL RECRITMENT EMPLOYMENT OF NON-RESIDENT ALIENS
AS A CRIME INVOLVING ECONOMIC
SABOTAGE ARE ! − ART #. EMPLOYMENT PERMIT OF NON-
RESIDENT ALIENS
*a 6hen committed by a SYNDICATE i+e+,
if it is carried out by a group of three *1 -Doreigners
desiring to or employ
domestic and foreign
aliens mustemployers
secure
or more persons conspiring and employment permit from the ;$2 upon
confederating with one anotherB or determination of the non-availability of a person
*b 6hen committed in a LARGE SCALE in the 3hilippines who is competent, able and
i+e+, if it is committed against three *1 or willing at the time of the application to perform
more persons the services for which the alien is desired.
VENE OF ACTIONS ON ILLEGAL - Doreigners may n,% ' '50/,4'+ in certain

RECRITMENT! n*%i,n*/i'+ in'.
&. "C of the province or city where the - a n,n-'i+'n% */i'n ,:' and the
offense was committedB or '50/,4' shall bind themselves to %*in *% /'*%
/. where the offended party resides at the time 2 Fi/i0in, n+'%+i'.
of the commission of the offense
→ at the option of the complainant PROHIBITION AGAINST EMPLOYMENT OF
ALIENS
- "hese circumstances only ualify. "hey do
not define the offense themselves S'3%i,n 2-A ,$ %&' An%i-D554 L* prohibits
the employment of aliens in establishment or
- R'3i%5'n% *n+ 0/*3'5'n% *3%ii%i' of entities which have under their name or control a
agents or representatives appointed by a right, franchise, privilege, property or business
licensee, whose appointments were n,% the eercise or enjoyment of which property or
business the eercise or enjoyment of which is ∗ ENTREPRENERSHIP - training for self-

epressly reserved by the Constitution or the employment or assisting individual or small
laws to citi#ens of the 3hilippines or to industries within the purview of this the $C.
corporations or associations at least 9>J of the
capital of which is owned by such citi#ens. TITLE II
TRAINING AND EMPLOYMENT OF SPECIAL
E=CEPTIONS TO THE PROHIBITION! WORKERS
a. where the 4ecretary of ustice specifically CHAPTER I

authori#es the employment of technical APPRENTICES
personnelB or
b. where the aliens are elected members of T40' ,$ S0'3i*/ W,:'!
the board of directors or governing body of
corporations
their allowableor participation
association in
in the
proportion
capital to
of &.
/. Apprentice
$earners
such entities. 1. 8andicapped
− ART 8. DEFINITION OF TERMS
∗ APPRENTICESHIP - practical training on the
job supplemented by related theoretical

instruction
∗ APPRENTICE - worker who is covered by a

written apprenticeship agreement with an
individual employer or any of the entities
recogni#ed under this chapter
∗ APPRENTICEABLE OCCPATION - any

BOOK TWO
trade, form of employment or occupation which
HMAN RESORCES DEVELOPMENT
reuires more than 1 months of practical training
on the job supplemented by related theoretical
TITLE I
instruction
NATIONAL MANPOWER DEVELOPMENT
PROGRAM
CHAPTER I
NATIONAL POLICIES AND ADMINISTRATIVE ∗ APPRENTICESHIP AGREEMENT - an
MACHINERY FOR THEIR IMPLELENTATION employment contract wherein the employer
binds himself to train the apprentice and the
− ART #8. DEFINITIONS apprentice in turn accepts the terms of training
∗ ON-THE-?OB TRAINING F the practical work

∗ MANPOWER - that portion of the nations
eperience through actual participation in
population which has actual or potential
productive activities given to or acuired by an
capability to contribute directly to the production
apprentice
of goods and services.
∗ HIGHLY TECHNICAL INDSTRIES F trade,
business, enterprise, industry or other activity,
which is engaged in the application of advanced R'Jii%' $, %* +'+3%i,n in 3*'
technology '50/,4' &*' *00'n%i3'&i0 0,6*5!
− ART 8. ALIFICATIONS OF &. 3rogram duly recogni#ed by the ;epartment

APPRENTICES of $abor
/. ;eduction shall not eceed &>J of direct
∗ */i$i3*%i,n ,$ *n A00'n%i3' labor wage
1. 3ay his apprentices the minimum wage
&. at least &5 years of ageB provided those
who are at least &5 years of age but less − ART 72. APPRENTICES WITHOT
than eighteen may be eligible for COMPENSATION
apprenticeship only in non-ha#ardous
occupations and the apprenticeship A00'n%i3' &, 5*4 ' &i'+ i%&,%
agreement shall be signed in his behalf by 3,50'n*%i,n!
the parent or guardian or authori#ed
representative of ;$2. &.those whose training on the job is
/. vocational aptitudeG capacity for appropriate reuired by the schoolB
test /."raining 3rogram CurriculumB
1. ability to comprehend and follow oral and 1.euisite for @raduationB or
written instructions ).A reuisite for 0oard 2amination
− ART 9. EMPLOYMENT OF APPRENTICES

CHAPTER II
- On/4 '50/,4' in &i6&/4 %'3&ni3*/ LEARNERS
in+%i' may hire apprentices and ,n/4 in
*00'n%i3'*/' ,330*%i,n as − ART 7". LEARNERS DEFINED
determined by the 4ec. f $abor
∗ LEARNERS - persons hired as trainees in
R'Jii%' $, * VALID APPRENTICESHIP semi-skilled and other industrial occupations
which are non-apprenticeable and which may be
&. L7A$IDICA"I%4 D "82 A332%"IC2 learned thru practical training on the job in a
/. A332%"IC248I3 A@22+2%" ;7$E relatively short period of time which shall not
2M2C7"2; A%; 4I@%2; 3<I;I%@ D eceed 1 mos.
C+32%4A"I% %" $244 "8A% (5J D
"82 A33$ICA0$2 +I%I+7+ 6A@2, 2MC23"
%-"82-0 "AI%I%@ *" APPRENTICESHIP LEARNERSHIP
1.A332%"IC248I3 3@A+ ;7$E
A33<2; 0E ;$2 &. 3ractical training on &. 8iring of persons
). 32I; D A332%"IC248I3 48A$$ %" the job as trainees in
2MC22; 9 +%"84. supplemented by semi-skilled and
related theoretical other industrial
instruction. occupations which
are non-
apprenticeable and
which may be
− ART 71. DEDCTIBILITY OF TRAINING learned thru
COSTS practical training
on the job in a
relatively short
period of time. '$$'3%i'/4 i50'+' %&' 0'$,5*n3' ,$ ,

,0'*%i,n in the particular occupations for
/. %ot less than 1 /. 3ractical training which they were hired.
months practical on the job not to
training on the job eceed 1 mos. - ualified disabled employee shall be
but not more than 9 '3% %, %&' *5' %'5 *n+ 3,n+i%i,n
months ,$ '50/,45'n% and the same
compensation, privileges, benefits, fringe
1. %o Commitment to 1. 6ith Commitment benefits, incentives or allowances as a
hire to employ the ualified able-bodied person. 2ven a
learner as regular handicapped worker 3*n *3Ji' %&'
employee if he %*% ,$ * '6/* '50/,4''.
desires upon
∗
completion
learnership of
D*%i,n ;ependent
maimum. ,$ '50/,45'n% - no minimum,
on agreement but no
is
necessary that there is a specific duration
). In case of ). $earner is
pretermination of considered as a BOOK THREE
the apprenticeship regular employee CONDITIONS OF EMPLOYMENT
agreement, the in case of
worker is not pretermination of TITLE I
considered as a contract after / WORKING CONDITIONS AND REST
regular employee mos. of training PERIODS
and the dismissal
is without fault of CHAPTER I
learner HORS OF WORK
5. 8ighly technical 5. 4emi-skilled G − ART 2. COVERAGE

industries and only industrial
in industrial occupations ELEMENTS OF EMPLOYER-EMPLOYEE
occupation RELATIONSHIP!
- L'*n' in 0i'3',:< in3'n%i' - rate &. selection and engagement of the

jobs are to be paid in full for the work done. employee
/. the payment of wages
1. the power of dismissal
CHAPTER III ). the employers power to control the
HANDICAPPED WORKERS employee *with respect to the means
and methods by which the work is to
− ART 7. DEFINITION be accomplished
∗ HANDICAPPED WORKERS - Are those - "he last element as mentioned above is

whose '*nin6 3*0*3i%4 i i50*i'+ by age or what is known as the CONTROL TEST -
physical or mental deficiency or injury. whether the employer controls or has
reserved the right to control the employee
- 4ubject to the provisions of the Code, not only as to the result of the work to be
&*n+i3*00'+ ,:' 5*4 ' &i'+ * done but also as to the means and methods
'6/* ,:'; *00'n%i3' , /'*n' by which the same is to be accomplished.
if their &*n+i3*0 i n,% 3& * %,
"his last element is the most important inde ∗ WORKERS PAID BY RESLTS - +ethod of
of the eistence of the relationship. computing compensation based on the
work completed and not on the time spent
∗ EMPLOYEE - A natural person who is hired, in working.
directly or indirectly, by a natural or juridical
person to perform activities related to the ∗ PIECE-RATE METHOD - 6here pay is
business of the NhirerH who, directly or dependent on unit of product finished, preferred
through an agent, supervises or controls where the work process is repetitive and the out
the work performance and pays the salary put is standardi#ed and easily countable.
or wage of the hire. DOMESTIC HELPERS< PERSONS
RENDERING PERSONAL SERVICES - 3erform
E50/,4'' E'50% $,5 %&' B'n'$i% ,$ E- services in the employers home which are
E R'/*%i,n&i0 usually necessary and desirable for the
maintenance or enjoyment thereof, or ministers
&. @overnment 2mployees to the personal comfort, convenience or safety
/. +anagerial 2mployees of the employer, as well as the members of the
1. Dield 3ersonnel employers household.
). Damily +embers dependent on the
employer for support - "he eistence of employment relationship is
5. ;omestic 8elpers +'%'5in'+ 4 /* and not by contract.
9. 3ersons on the 3ersonal 4ervice of another
(. 6orkers 3aid by esult - 6hether or not an employer-employee
relationship eists between the parties is a
∗ GOVERNMENT EMPLOYEES - efers only to J'%i,n ,$ $*3%. T&' $in+in6 ,$ %&'
employees of government agencies, NLRC *' *33,+'+ n,% ,n/4 '0'3% %
instrumentalities or political subdivisions $in*/i%4 i$ 00,%'+ 4 %*n%i*/
and of governmentunder
no" incorporated corporations that are
the Corporation 'i+'n3'.
Code, meaning those which have original ∗ MANAGEMENT PREROGATIVE - ecept as
charters. otherwise limited by special laws, an employer is
free to regulate, according to his own discretion
∗ MANAGERIAL EMPLOYEES - efer to those and judgment, all aspects of employment,
whose primary duty consists of the including hiring, work assignments, working
management of the establishment in which methods, time, place, and manner of work, tools
they are employed or of a department or to be used, processes to be followed,
subdivision thereof and to other members supervision of workers, working regulations,
of the managerial staff transfer of employees, work supervision, lay-off
of workers and discipline, dismissal and recall of
∗ N,%'! ;efinition applies only to the ?- workers.
hour $abor law - +anagement prerogative '3,6ni' %&'

∗ FIELD PERSONNEL - efer to non- i6&% ,$ %&' '50/,4' %, *+*n3' i%
agricultural employees who regularly in%''% to prescribe standards of work and
perform their duties away from the principal impose reasonable uotas or work
place of business or branch office of the assignments, and failure on the part of the
employer and whose actual hours of work employees to meet the reuirement, impose
in the field cannot be determined with in good faith, constitutes a just cause for his
reasonable certainty. dismissal.
- N' ,n'<5*n*6'5'n% 6,0 has n, whether within or outside the premises of his
,/i6*%i,n %, '-'50/,4 ,:' &, workplaceB
$''/4 *n+ ,/n%*i/4 *33'0%'+ %&'i 1. If the work performed was necessary, or it
'0**%i,n 0*4 *n+ ,%&' 'n'$i%. A benefited the employer, or the employee
change of ownership in a business concern could not abandon his work at the end of his
is not proscribed by law. normal working hours because he had no
replacement, all time spent for such work
shall be considered as hours worked if the
− ART ". NORMAL HORS OF WORK work is with the knowledge of his employer
or immediate supervisor
- 4hall n,% '3''+  &, in a regular working ). "he time during which an employee is
day inactive by reason of interruptions in his
work beyond his control shall be considered
∗ PRPOSE time eitherof work
resumption if the imminence
reuires of the
the employees
- to safeguard the health and welfare of the
laborer and in a way to minimi#e presence at the place of work or if the
unemployment by utili#ing different shifts interval is too brief to be utili#ed effectively
and gainfully in the employees own interest.
∗ REGLAR WORKING DAYS! "he regular
- nly the maimum is prescribed, not minimum.
working days of covered employees shall not be
P*%- %i5' ,: i %&''$,' n,% 0,&ii%'+.
more than five days in a workweek. "he
workweek may begin at any hour and on any
day, including 4aturday or 4unday, designated ∗ ENGAGED TO WAIT - when waiting is an
by the employer. integral part of the job, it is compensable
− ART #. HORS WORKED ∗ WAITING TO BE ENGAGED - idle time is not
working time, not compensable

SHALL INCLDE!
&. All time during which an employee is

reuired to be on duty or to be at a WHEN TRAVEL TIME COMPENSABLE!
prescribed workplaceB and
/. All time during which an employee is &. "ravel from home to work- refers to ordinary
suffered or permitted to work work travel but where the worker is made to
work on an emergency call and travel is
PRINCIPLES IN DETERMINING HORS necessary in proceeding to the workplace,
WORKED= the time spent on travel is compensable
/. "ravel that is all in a days work- time spent
&. All hours are hours worked which the by an employee in travel as part of his
principal activity, such as travel from jobsite
employee
regardlessisofreuired
whethertoor
give
nottosuch
his employer,
hour are to jobsite during the workday, must be
spent in productive labor or involve physical counted as hours worked.
or mental eertionB 1. "ravel away from home- travel that keeps an
/. An employee need not leave the premises of employee away from home overnight.
the workplace in order that his rest period
shall not be counted, it being enough that he - W,: &, ,$ '*5'n are governed by
stops working, may rest completely and may the same rules as land based employees.
leave his workplace, to go elsewhere "hus, they must &, $$i3i'n% 0,,$ that
said work is actually performed.
- R'% P'i,+ ,$ &,% +*%i,n +in6 eisting before the effectivity of the
,:in6 &, shall be considered as shortened meal periodB
&, ,:'+. 1. 6ork does not involve strenuous physical
eertion and they are provided with
P'/i5in*4 *3%ii%i' 3,50'n*/' when adeuate coffee breaksB
controlled or reuired by employer and are ). "he value of benefits is eual with the
pursued necessarily and primarily for the compensation due them for the shortened
employers benefit, meal period
5. " pay will become due and demandable
after the new time scheduleB and
9. "he arrangement is of temporary duration.
− ART 8. MEAL PERIODS − ART 9. NIGHT SHIFT DIFFERENTIAL
∗ MEAL PERIODS ∗ NIGHT SHIFT DIFFERENTIAL -Additional

compensation of n,% /' %&*n %'n 0'3'n%
&. 4hould not be less than sity *9> minutes, (1) of an employees regular wage for every
and is time-offGnon-compensable hour of work done between 1! PM *n+ 9!
/. 7nder specified cases, may be less than AM, whether or not this period is part of the
sity *9> minutes, but should not be less workers regular shift.
than twenty */> minutes an must be with full
pay. - If work done between 1 PM *n+ 9 AM i
1. If less than twenty*/> minutes, it becomes ,'%i5' ,:, then the &>J night shift
only a rest period and is thus considered as differential should be *'+ ,n &i
work time ,'%i5' *%'.
∗
NOTE= $,5
'/i''+ 2mployee
+%4.must be 3,50/'%'/4
therwise, it is - itRATIONALE
serves as an inducement of employment
compensable as hours worked.
− ART 7. OVERTIME WORK
- +ealtime is n,% 3,50'n*/' E=CEPT in
cases where the lunch period or meal time is ∗ OVERTIME PAY- Additional compensation for
0'+,5in*n%/4 0'n% $, %&' '50/,4' work performed beyond eight *? hours
'n'$i% or &'' i% i /' %&*n 9 within the workers /)-hour workday.
5in%'.
&. 1>J of &1>J if on a special holidayGrest
- 2mployees may reuest that their 5'*/ day
0'i,+ ' &,%'n'+ so that they can leave /. /5J of regular wage if done on a regular
work earlier that the previously established workday
schedule.
1. 1>J
day of &5>J if on special holiday A%; rest
∗ REISITES ! ). 1>J of />>J if on a regular holiday
&. "he employees voluntarily agree in writing to RATIONALE

a shortened meal period and are willing to - employee is given " pay because he is made
waive the overtime pay for such shortened to work longer than what is commensurate with
meal periodB his agreed compensation for the statutorily fied
/. %o diminution whatsoever in the salary and or voluntarily agreed hours of labor he is
other fringe benefits of the employees supposed to do.
- As a rule, 3*nn,% ' *i'+, a s i t i s ∗ COMPRESSED WORKWEEK -allowable

intended to benefit laborers and employees. under the following conditions=
0ut when the waiver is made in &. It is voluntary on the part of the worker
consideration of benefits and privileges /. "here will be no diminution of the weekly or
which may even eceed the overtime pay, monthly take-home pay and fringe benefits
the waiver may be permitted. of the employeesB
1. "he value of the benefits that will accrue to
∗ NOTE! " pay will not preclude payment of the employees under the proposed schedule
night shift differential pay. is more than or at least commensurate with
the one-hour " pay that is due them during
- M'*/ 0'i,+ +in6 ,'%i5' ,: i n,% weekdays based on the employees
6i'n %, ,:' 0'$,5in6 ,'%i5' for uantification
the
shortreason
period that "from
ranging workone
is to
usually for a
three hours ). "he one-hour
payable "are
if they paymade
will become due and
or permitted to
and to deduct from the same one full hour work on a day not scheduled for work on the
as meal period would reduce to nothing the compressed work week
employees " work. 5. "he work does not involve strenuous physical
eertion and employees must have
∗ WORK DAY - the /)-hour period which adeuate rest periods
commences from the time the employee 5. "he arrangement is of temporary duration.
regularly starts to work. e.g., if the worker starts
to work ? am today, the workday is from ?am − ART . NDERTIME NOT OFFSET BY
today up to ? am tom. OVERTIME
- "he minimum normal working hours fied by - n+'%i5' ,: ,n *n4 0*%i3/* +*4
the Act the

constitute n''+
legaln,% ' day
working 3,n%in, to &*// n,% '
*n4 ,%&' ,$$'%
+*4. 4 ,'%i5'
3ermission ,:
given ,n
to the
employee to go on leave on some other day
- E0' *00,*/ 4 * 0'i, i n,% * of the week shall not eempt the employer
0''Jii%' %, 5*:' ,'%i5' ,: from paying the additional compensation.
3,50'n*/'. 862<2, written
authority after office hours during rest days RATIONALE
and holidays are reuired for entitlement to - An employees regular pay rate is lower than
compensation. the overtime rate. ffsetting the undertime
hours against the overtime hours would
- "he right to " pay 3*nn,% ' *i'+. result in undue deprivation of the
4uch waiver is contrary to law and public employees etra pay for overtime work.
policy.
E=CEPTIONS!
&. 6hen the waiver stipulates higher payment

or rate of " payB or
/. 6here the contract of employment reuires
work for more than eight hours of work at
specified wage per day providing for a fied
hourly rate or that the daily wages include − ART . EMERGENCY OVERTIME WORK
overtime pay.
WHEN WORKER MAY BE REIRED TO '/i6i, 6,n+. 0ut when such

RENDER OT! preference will prejudice the operations of
(WNNCN) the undertaking and the employer cannot
normally result to other remedial measures,
W &. Country is at war or any other the employer may so schedule the weekly
nationalGlocal emergency has been rest day that meets the employees choice
declared by the Chief for at least two */ days a month
2ecutiveGCongress − ART 2. WHEN EMPLOYER MAY REIRE
N /. %ecessary to prevent loss of WORK ON A REST DAY

lifeGpropertyG in case of actualGimpending
emergency in the locality WHEN EMPLOYEE MAY BE REIRED TO
 1. "here is urgent work to be performed RENDER WORK ON A REST DAY!
on machines, installations, or euipment
in
theorder to avoid
employer or serious lossGdamage
some other to
causes of &. In case of actual or impending emergencies
caused by serious accident, fire, flood
similar nature typhoon, earthuake epidemic or other
N ). 6ork is necessary to prevent disaster or calamity, to prevent loss of life or
lossGdamage to perishable goodsB and property or in cases of force majeure or
C 5. where the completion or continuation imminent danger to public safety
of the work started before the eighth /. urgent work to be performed on the
hour is necessary to prevent serious machinery, euipment or installation to avoid
obstruction or prejudice to the business serious loss which the employer would
or operations of the employer. otherwise suffer
N 9. when it is necessary to avail of 1. abnormal pressure of work due to special
favorable weather or environmental circumstances, where the employer cannot
conditions where performance or uality ordinarily be epected to resort to other
of work is dependent thereon
). measures
prevent serious loss of perishable goods
− ART . REGLAR WAGE 5. nature of work reuires continuous operation
for seven days a week
- include the cash wage only, without deduction 9. work is necessary to avail of favorable
on account of facilities provided by the weather or environmental conditions where
employer performance or uality of work depends
CHAPTER II upon them
WEEKLY REST PERIOD
− ART ". COMPENSATION FOR REST DAY;
− ART 1. RIGHT TO A WEEKLY REST DAY SNDAY OR HOLIDAY WORK
- 2mployees should be provided a rest period - this article does not prohibit a stipulation in
of n,% /' %&*n %'n%4 $, (2#) the C0A for higher benefits
3,n'3%i' &, *$%' ''4 i (9)
3,n'3%i' n,5*/ ,: +*4. SPECIAL HOLIDAYS
- 2mployer shall schedule the weekly rest day &. All 4aints ;ay -%ovember &
of his employees subject to collective /. $ast ;ay of the Eear-;ecember 1&
bargaining agreement. 8owever, the 1. And all other days declared by law or
employer shall '0'3% %&' 0'$''n3' ,$ ordinances to be a special holiday or non-
'50/,4'' * %, %&'i '':/4 '% +*4 working day
&'n 3& 0'$''n3' i *'+ ,n
NOTE= ,:'+ O regular wage plus 1>J '. Christmas ;ay-;ecember /5

premium pay &>. i#al ;ay-;ecember 1>
n,% ,:'+ O none
N,%'! C,50'n*/' &'%&' ,:'+ ,
ADDITIONAL COMPENSATION FOR WORK n,:'+.
ON A REST DAY; SNDAY OR HOLIDAY
WORK! DOBLE HOLIDAY PAY
&. 6ork on a scheduled rest day - 1>J of &. />>J of the basic wage pro'ided, he works
regular wage on that day and was present or on leave
/. %o regular workdays and rest days -1>J of with pay on the preceding workday. If
regular wage for work on 4undays : on leave without pay, rate still applies if
8olidays leave is authori#ed.
1. 6ork
wage on 4pecial 8olidays -1>J of regular /. )>>J if he/ worked
there are regular Fholidays
as per ;$2
in one +emo if
day eg.
). 8oliday 6ork falls on 4cheduled est ;ay - April ' and @ood Driday. Pro'ided the
5>J of regular wage employee worked on the day prior to the
CHAPTER III regular holiday or on leave with pay or on
HOLIDAYS; SERVICE INCENTIVE LEAVES authori#ed absence.
AND SERVICE CHARGES 1. If there are two succeeding holidays eg.,
+aundy "hursday and @ood Driday, the
− ART #. RIGHT TO HOLIDAY PAY employee must be present the day before
the scheduled regular holiday to be entitled
∗ HOLIDAY PAY - A days pay given by law to to compensation to both otherwise, he must
an employee even if he does not work on a work on the first holiday to be entitled to
regular holiday. It is limited to the ten *&> holiday pay on the second regular holiday.
regular holidays
- employee shouldlisted
not byhave
law. been absent
without pay on the working day preceding the
regular holiday REGLAR HOLIDAY SPECIAL HOLIDAY
A%. #() refers to regular holidays, special - compensable even - not compensable if

holidays are taken care of under Art. '1. if unworked subject unworked
to certain conditions
∗ PREMIM PAY - Additional compensation for
work performed on a scheduled rest day or - limited to the &> - not eclusive since
holiday. enumerated by the law may provide for
$C other special
REGLAR HOLIDAYS! holidays
&. %ew Eears ;ay -anuary & - rate is twice the - rate is &1>J if
/. +aundy "hursday -+ovable date regular rate if worked
1. @ood Driday- +ovable date worked
). Araw ng agitingan -April '
5. $abor ;ay -+ay &
9. Independence ;ay -une &/ − ART 8. RIGHT TO SERVICE INCENTIVE
(. %ational 8eroes ;ayP-$ast 4unday of LEAVE
August
?. 0onifacio ;ay-%ovember 1>
∗ SERVICE INCENTIVE LEAVE (SIL) - Dive *5

days leave with pay for every employee TITLE II
who has rendered at least one *& year of WAGES
service.
CHAPTER I
BT DOES NOT APPLY TO THOSE WHO PRELIMINARY MATTERS
ARE=
− ART 7. DEFINITION
&. already enjoying the said benefitsB or
/. enjoying vacation leave with pay for at least ∗ WAGE - the remuneration or earnings,
5 days however designated, capable of being
1. those employed in establishments regularly epressed in terms of money, whether fied
employing less than &> employees or ascertained on a time, task, piece, or
). those employed in establishments eempted commission basis or other method or
from granting this benefit by the 4ecretary of calculating the same, which is payable by
$abor. an employer to an employee under a
written or unwritten contract of employment
∗ ONE (1) YEAR OF SERVICE.- service within for work done or to be done or for services
&/ months, whether continuous or broken, rendered or to be rendered and includes
reckoned from the date the employee started the fair and reasonable value of board,
working including authori#ed absences and paid lodging, or other facilities customarily
regular holidays unless the number of working furnished by the employer to the employee.
day in the establishment as a matter of practice
or policy, or provided in the employment contract FAIR DAYS WAGE FOR A FAIR DAYS
is less than &/ mos. LABOR - if there is no work performed by
the employee, there can be no wage or
- 4I$
%&' is commutable
3*& i.e., is
'Ji*/'n% 3,n'%i/' %, 3*&-
aimed primarily at pay unless the
and ready laborer
to work was prevented
but was able, willing,
by
encouraging workers to work continuously management or was illegally locked out,
and with dedication to the company. suspended or dismissed.
− ART 9. SERVICE CHARGES WAGE SALARY
∗ TO BE DISTRIBTED TWICE A MONTH AND - compensation for - denotes higher

AT THE RATE OF! manual labor degree of
employment
&. ?5J for all covered employees to be eually
distributed among them - %ot subject to - subject to eecution
/. &5J for management *may answer for eecution *@aa vs. CA
losses and breakages or distributed to

management ∗ FACILITIES F shall include all articles or
services for the benefit of the employee or his
- If collection of service charges is *,/i&'+, family but shall not include tools of the trade or
the share of covered employees shall be articles or services primarily for the benefit of the
considered in%'6*%'+ in %&'i *6' on employer or necessary to the conduct of the
the basis of the average monthly share of employers business.
each employee for the past &/ months
immediately preceding the abolition.
FACILITIES SPPLEMENTS ∗ THE NON-DIMINTION RLE -the benefits

being given to employees cannot be taken
- Are items of - Constitute etra back or reduced unilaterally by the
epense necessary remuneration or employer because the benefit has become
for the laborers and special privileges or part of the employment contract, written or
his familys benefits given to or unwritten.
eistence and received by the
subsistence laborers over and T&' /' i *00/i3*/' i$ i% i &,n %&*% %&'
above their ordinary 6*n% ,$ %&' 'n'$i% i!
earnings wages
&. based on an epress policy, or
- part of the wage - independent of the /. has ripened into practice over a long period
wage of time, and the practice is consistent and
1. deliberate.
It is not due to an error in the
- deductible from the - not wage
wage deductible construction Gapplication of a doubtful or
difficult uestion of law.
− ART. . APPLICATION OF TITLE
- 0ut even in cases of error, it should be
T&i Ti%/' &*// n,% *00/4 %, %&' $,//,in6! shown that the correction is being done
soon after the discovery of the error.
&. household or domestic helpers
/. homeworkers engaged in needle-work ∗ BONS - A supplement or employment benefit
1. workers employed in any establishment given under certain conditions, such as
duly registered with the %ational Cottage success of the business or greater
Industry production or output. As a rule, it is an
). 6orkers in any duly registered cooperatives amount

for hisgranted voluntarily
industry and toloyalty
an employee
which
contributed to the success and reali#ation
CHAPTER II of profits of the employers business.
MINIMM WAGE RATES "herefore, from a legal point of view, it is
not a demandable and enforceable
− ART 1. PROHIBITION AGAINST obligation. nless, it was promised to be
given without any conditions imposed for its
ELIMINATION OR DIMNITION OF BENEFITS
payment, as such, it is deemed part of the
wage.
LEGAL RETS. BEFORE FACILITIES CAN
BE DEDCTED FROM THE EMPLOYEES
∗ 1" TH MONTH PAY (OR ITS EIVALENT)
WAGES!
-additional income based on wage reuired by
3.;. ?5& which is euivalent to &G&/ of the total
&. 3roof that such facilities are customarily basic salary earned by an employee within a
furnished by the trade B
calendar year.
/. <oluntarily Accepted in writing by the
- may be given anytime but not later than ;ec.
employee
/)
1. Charged at Dair : easonable <alue
COVERAGE!
- All rank-and-file employees regardless of their
designation or employment status and
irrespective of the method by which their wages
are paid, are entitled to this benefit, pro'ided, ). 8oliday pay

that they have ,:'+ $, *% /'*% ,n' (1) 5. +eal and rest periods
5,n%& +in6 %&' 3*/'n+* 4'*. 9. " pay *conditional
(. 3remium pay *conditional
FORMS! ?. &1th month pay
'. other benefits granted by law, individual or
&. Christmas bonus collective bargaining agreement or company
/. midyear bonus policy or practice.
1. profit sharing paymentsB and
). other cash bonuses amounting to not less CHAPTER III
than &G&/ of its basic salary. PAYMENT OF WAGES
- ;ifference of opinion on how to compute the − ART 12. FORMS OF PAYMENT

th
&1 month pay does not justify a strike

EMPLOYER CANNOT PAY HIS WORKERS
- It must always be in the form of /'6*/ %'n+' BY MEANS OF!
. Dree rice, electricity cash and stock
dividends, C$A not euivalent &. promissory notes
/. vouchers
1. coupons
). tokens
5. tickets
9. chits
(. or any object.
− ART 11. PAYMENT BY RESLTS GENERAL RLE!
CATEGORIES OF PIECE-RATE WORKERS! - payment by legal tender

E=CEPTIONS!
&. those who are paid piece rates as - checks or money orders may be paid if=
prescribed in 3iece ate rders by the
;$2 &. the same is customary on the date of
/. "hose who are paid output rates which are effectivity of the $CB
prescribed by the employer and are not yet /. necessary because of special
approved by the ;$2 circumstancesB or
1. as stipulated in the C0A
∗ WORKERS PAID ON PIECE-RATE BASIS -
shall refer to those who are paid a standard
amount for every piece or unit of work produced − ART 1". TIME OF PAYMENT
that is more or less regularly replicated, without
regard to the time spent in producing the same. WHEN TO PAY!
- at least once every two */ weeks or twice a
BENEFITS PAYABLE TO PIECE-RATE month at intervals not eceeding siteen
WORKERS! *&9 days
&. Applicable statutory minimum daily rateB - $,3' 5*'' or ,%&'

/. Eearly service incentive leave of five days 3i35%*n3' '4,n+ %&'
with payB '50/,4' 3,n%,/, payment must be
1. %ight shift differential pay
made immediately after such - wages shall be paid directly to the workers
occurrence have ceased. to whom they are due.
− ART.1#. PLACE OF PAYMENT E=CEPTIONS!

a. in case of force majeureGspecial
WHERE TO PAY! circumstances, payment may be made
- 4hall be made at or near the place of through another person under written
undertaking, authority where the worker has died, the
b. employer may pay the wages of the
E=CEPTIONS! deceased worker to the heirs of the latter,
through the 4ecretary of $abor or his
&. 6hen payment cannot be effected at or near representative, without the necessity of
the place of work by reason of deterioration intestate proceedings, after the heirs have
of peace and security eecuted
relationshipanto affidavit attesting
the deceased and to
the their
fact
/. 6hen the employer provides for free
transportation to the employees back and that they are his heirs to the eclusion of all
forthB others
1. And under analogous circumstances
− ART 19. CONTRACTOR OR
- payment of wages in bars, night or day SBCONTRACTOR
clubs, massage clinics or similar
establishments are prohibited ecept for the ∗ LABOR ONLY CONTRACTING - where the
workers therein. person supplying workers to an employer does
not have %*n%i*/ 3*0i%*/ , in'%5'n% in
PAYMENT THR BANKS! the form of tools, euipment, machineries, work
premises, among others, and the workers
REISITES ! recruited
performingand placed
activities by are
which such persons
directly relatedare
to
&. "here must be written permission of the the principal business of such employer.
majority of the employees concerned in an
establishmentB ∗ INDEPENDENT CONTRACTOR - one who
/. "he establishment must have /5 or more eercises independent employment and
employeesB and contracts to do a piece of work according to his
1. "he bank must be located within one own methods and without being subject to
kilometer radius to the bank from the control of his employer ecept as to the result
location of the establishment thereof.
- payment through the A"+ is allowed - A 5'' %*%'5'n% in * 3,n%*3% with a

company that laborers who are paid
according
are to the amount
independent and uality
contractors +,'of work
n,%
3&*n6' %&'i %*% * 5'' '50/,4''
in 3,n%'50/*%i,n ,$ /*, /*.
REISITES FOR A CONTRACTING OR

− ART 18. DIRECT PAYMENT OF WAGES SBCONTRACTING TO BE !
TO WHOM PAID &. where the contractor or subcontractor

carries on a distinct and independent
business and undertakes to perform the job violations including the right to
on his own account and under his own self- organi#ation
responsibility, according to its own manner
and method and free from the control and
direction of the principal in all matters 1. 3ermissible 1. 3rohibited by law
connected with the performance of the work
ecept as to the results thereofB ). Contractor has ). Contractor has no
/. the contractor or subcontractor has substantial capital substantial capitalG
substantial capital or investmentB and or investment investment
1. the agreement between the principal and
contractor or subcontractor assures the ∗ WORKING CONDITIONS - efers to the
contractual employees entitlement to all terms and circumstances affecting the
labor and occupational safety and health employment of an employee, including
standards, free
organi#ation, eercise
security of of the right
tenure andtosocial
self- policies, programs and regulations
governing his employment status, work,
and welfare benefits. and work relationships. "hey are, as a rule,
determined by the employer.
- S%*n%i*/ 3*0i%*/ n''+ n,% ' 3,0/'+
i%& in'%5'n% in %,,/ , 'Ji05'n%.
"his is clear from the use of the conjunction
,.
− ART. 11. WORKER PREFERENCE IN CASE
OF BANKRPTCY
?OB LABOR ONLY
C CONTRACTING
- "his Article did not sweep away the
O
overriding preference accorded under the
NT
scheme of the Civil Code to ta claims of the
R
A government.
CT
- just a preference, must yield to special
IN
preferred credit, e.g. secured creditors
G
- "he $,5*/ +'3/**%i,n ,$ in,/'n34 ,
&. %o 2- 2 &. 2mployer is treated *n:0%34 , * +i3i*/ /iJi+*%i,n ,$ %&'
relationship eist as direct employer '50/,4' in' is a condition sine
between of the person ua non to the operation of the preference
employer and the recruited in all accorded to workers under Art. &&>.
contractors instances
employee ecept
when the CHAPTER IV
contractor or
subcontractor PROHIBITIONS REGARDING WAGES
fails to pay the
− ART 112. NON-INTERFERENCE IN
wages of his
DISPOSAL OF WAGES
employees
In '/*%i,n %, %&' Cii/ C,+'!
/. liability is limited /. liable to all rights
to unpaid wages duties and liabilities
A%. 178. "he laborers wages shall be paid in
and other labor under labor
legal currency.
standards standards laws
A%. 179. 6ithholding of the wages ecept for 9. deduction of absences

a debt due, shall not be made by the employer
A%. 177. "he laborers wages shall be a lien W<OT EMPLOYEES CONSENT!
on the goods manufactured or the work done.
A%. 17. "he laborers wages shall not be &. 6orkers insurance acuired by the employer
subject to eecution or attachment ecept for /. 7nion ;ues, where the right to check-off has
debts incurred for food, shelter, clothing, and been recogni#ed by the employer
medical attendance. 1. Cases where the employer is authori#ed by
A%. 17. "he employer shall neither sei#e nor law or regulations issued by the 4ecretary of
retain any tool or other articles belonging to the $abor
laborer. ). debts of the employee to the employer which
have become due and demandable
PROHIBITIONS REGARDING WAGES!
−
&. 3ayment of wages with less freuency than ART 11#. DEPOSITS FOR LOSS OR
DAMAGE
once *& a month.
/. $imitationsGInterference by the employer - D'0,i% $, L, , D*5*6' to tools,
with the employees freedom to dispose of materials and euipment supplied by the
his wages. employer &*// n,% ' 5*+', E=CEPT
1. Dorcing, CompellingGbliging employees to when the trade, occupation or businesses of
purchase merchandise , commodities or the employer recogni#es, or considers the
other properties from the employer or from 0*3%i3' of making deductions or reuiring
any other person, or to make use of any deposits necessary or desirable.
store or service of such employer or any
other person REISITES FOR DEDCTION FOR LOSS
). 6ithholding of wages OR DAMAGE !
5. ;eduction of wages as consideration of a
promise of employment or retention in &. employee clearly shown responsible
employment /. opportunity to show cause to show why
9. efusal to payG eduction of wages and deduction should not be made
benefits, dischargeG discrimination against
1. deduction is fair and reasonable and shall
any employee as retaliatory measures
not eceed the actual loss or damage
against any employee who has filed any
). does not eceed />J of the employees
complaint or instituted any proceedings
wages in a week.
against his employer
CHAPTER V
WAGE STDIES; WAGE AGREEMENTS AND
− ART 11". WAGE DEDCTION
WAGE DETERMINATION
ALLOWABLE DEDCTIONS! −
ART 122. CREATION OF THE REGIONAL
TRIPARTITE WAGES AND PRODCTIVITY
WITH EMPLOYEES CONSENT! BOARDS
&. 444 3ayments
/. +2;ICA2
1. Contributions to 3A@-I0I@ Dunds
). value of meals and others
WHO MAY SET MINIMM WAGE!
5. payments to third persons with employees
consent
&. egional "ripartite 6ages and 3roductivity '. 2ffects on 2mployment @eneration and
0oard Damily IncomeB
/. Congress &>. 2uitable ;istribution of Income : 6ealth
along the imperatives of economic and
MINIMM WAGE - "he lowest wage rate fied social development
by law that an employer can pay his
employees. ∗ WAGE DISTORTION - situation where an
increase in prescribed wage rates results in the
− ART. 12" WAGE ORDER elimination or severe contraction of intentional
uantitative differences in wage or salary rates
∗ WAGE ORDER F an order issued by the between and among employee groups in an
egional 0oard whenever the conditions in the establishment as to effectively obliterate the
region so warrant after investigating and distinctions embodied in such wage structure
studying all pertinent facts and based on the based ondifferentiation.
bases of skills, length of service or other logical
standards and criteria prescribed by the $C, the
egional 0oard proceeds to determine whether
to issue the same or not. CORRECTING WAGE DISTORTION
∗ EFFECTIVITY ,$ * *6' O+' F it shall take ni,ni'+ E%*/i&5'n%

effect after &5 days from the its complete
publication in at least one newspaper of general &. %egotiate to correct the distortion.
circulation in the region. /. Any dispute arising therefrom should be
resolved through grievance procedure under
∗ FREENCY ,$ * *6' ,+' - 6age rder their C0A.
issued by the 0oard may not be disturbed for a 1. If the dispute remains unresolved, through
period of &/ months from its effectivity and no voluntary arbitration.
petition for wage increase shall be entertained E%*/i&5'n% i%&,% ni,n

during said period. E=CEPTION= 6hen
Congress itself issues a law increasing wages.
&. "he employers and workers shall endeavor
− ART 12#. STANDARDS<CRITERIA FOR to correct the distortion.
MINIMM WAGE FI=ING /. Any dispute arising therefrom shall be
settled through the %C+0 and
1. If it remains unresolved after &> days of
FACTORS FOR DETERMINING REGIONAL
conciliation, it shall be referred to the %$C.
MINIMM WAGE RATES
(DACNNIPFEE)
- W*6' +i%,%i,n i n,n- %i:'*/'.
&. ;emand for living wagesB
Is the employe le!"lly o#l$!e% to ty &
/. 6age Adjustment vis-a vis the consumer
'oe't " ("!e %$stot$o)*
price indeB I% *00'* ,. A%i3/' 12# ,$ %&' C,+'
1. Cost of living and changes or increases
thereinB provides that N the employer and the union shall
). %eeds of workers and their familiesB negotiate to correct the distortions.H If there is
5. %eed to induce industries to invest in the no union, N the employer and the workers shall
countrysideB endeavor to correct such distortions.
9. Improvements in standards of livingB
(. 3revailing wage levelsB M+st the pe$o+s p"y !"ps #e estoe%*
?. Dair eturn of the capital invested and 6hile that is the aim, it need not
capacity to pay of employersB necessarily be restored to the last peso. An
*00'3i*/' +i$$''n%i*/, a significant pay gap industrial safety engineers made in the
should suffice as correction of the distortion. course of inspection
- I' Wi% ,$ E'3%i,n (ART. 12)

CHAPTER VII →for the enforcement of orders
ADMINISTRATION AND →e-'ept in cases where the employer
ENFORCEMENT contests the findings of the said labor
officers and raises issues supported by
− ART. 12. VISITORIAL AND ENFORCEMENT documentary proofs which were not
POWER considered in the course of inspection.
− ART. 12. RECOVERY OF WAGES; SIMPLE - O+' W,: S%,00*6'<S0'ni,n ,$

MONEY CLAIMS AND OTHER BENEFITS O0'*%i,n
when non-compliance with the law or
→
- n+' A%. 12, the egional ;irector is implementing rules and regulations
empowered through summary proceeding poses grave : imminent danger to the
and after due notice, to hear and decide health and safety of the workers in the
cases involving recovery of wages and other workplace.
monetary claims and benefits, including - C,n+3% H'*in6 i%&in 2# &,
legal interests. → to determine whether an order for
stoppage of workGsuspension of

REISITES ! operations shall be lifted or not.
→ employer shall pay the employees
&. "he claim is presented by an employee or concerned their salaries in case the
person employed in domestic or household violation is attributable to his fault
service or househelperB - R'Ji' '50/,4' %, :''0 *n+ 5*in%*in
/. "he claim arises from employer-employee
relationsB E50/,45'n% R'3,+
-→ as may be necessary in aid of his
1. "he claimant does not seek reinstatementB
visitorial and enforcement powers
and
). "he aggregate money claim of each
employee or househelper does not eceed
35, >>>.>>
ART 12 ART 12
- A33' %, '50/,4' '3,+ *n+
&. <isitorial and &. 3ower of the
0'5i'
enforcement egional ;irector or
→ the dayGnight whenever work is being
power of the any duly authori#ed
undertaken therein
4ecretary of hearing officers to
→ includes the right to copy therefrom,
$abor Ghis duly hear and decide
to
anyuestion any employee
fact, condition : which
or matter investigate
may authori#ed matters involving
representatives the recovery of
be necessary to determine violations or eercised through wages, upon
which may aid in the enforcement of the routine complaint of any
Code and of any labor law, wage order, inspections of interested party
or rules and regulations establishments
- I' C,50/i*n3' O+' (ART. 12) /. reuires the /. 2-2 relationship not

→based on the findings of labor eistence of 2-2 necessary since it
employment and enforcement officers or elationship should not include a
claim for typhoon, epidemic or other disasters or

reinstatement calamity, to prevent loss of life or
property, or in cases of force majeure or
1. %o limit as to 1. Aggregate claim of imminent danger to public safety
amount of claim each complainant /. 7rgent work to be performed on
does not eceed machineries, euipment or installation, to
35,>>> avoid serious loss
1. 6ork is necessary to prevent serious loss of
). Appeal is with ). Appeal with %$CB perishable goods
4ec.of $abor B period of appeal is ). 6here she holds a responsible position of
period of appeal 5 calendar days managerialGtechnical natureGengaged to
is &> calendar provide health and welfare service
days 5. %ature of the work reuires the manual skill
and deteritywith
performed of women
eual workers : cannot
efficiency be
by male
5. 3erson eercising 5. "he power is
the power is the vested upon a workers
4ec. f $abor or regional director or 9. 6here women workers are immediate family
any of his duly any duly authori#ed members of the family operating the
authori#ed hearing officer of establishment or undertaking
representatives the ;$2. (. Analogous cases
who may or may
not be a regional − ART 1"2. FACILITIES FOR WOMEN
director
∗"he 4ecretary of $abor may reuire employers
to=
TITLE III &. 3rovide seats proper for women and permit
WORKING CONDITIONS
GROP FOR SPECIAL
OF EMPLOYEES them to use
from work orthe seats
during when
office they provided
hours are free
the uality of the work will not be
CHAPTER I compromisedB
EMPLOYMENT OF WOMEN /. "o establish separate toilet rooms and
lavatories for men and women and provide
− ART 1". NIGHTWORK PROHIBITION at least a dressing room for womenB
1. "o establish a nursery in the establishmentB
- N, ,5*n , regardless of age, shall be ). "o determine appropriate minimum age and
employed or permitted or suffered to work, other standards for retirement or termination
with or without compensation in any = in special occupations such as those of flight
attendants and the like
&. Industrial undertaking between &>3+-9A+
/. CommercialG%on-Industrial undertaking
between &/ +%-9A+ − ART. 1"" MATERNITY LEAVE BENEFITS
1. Agricultural undertaking at nighttime unless,
she is given a period of rest of not less than MATERNITY LEAVE NDER THE SSS LAW
' consecutive hours A female member, who need not be
legally married, who has paid for *% /'*% %&''
− ART 1"1. E=CEPTIONS (") 5,n%&/4 3,n%i%i,n in the &/-month
period immediately preceding the semester of
&. ActualGImpending 2mergencies
caused by serious accident, flood,
her childbirth or miscarriage shall be paid a daily ∗ RA 17 (PATERNITY LEAVE)
maternity benefit euivalent to &>>J of her
average daily salary credit for 9> days or (? - "his law grants paternity leave of ''n +*4
days, in case of caesarian delivery. i%& $// 0*4 to all married male employees
in the private and public sectors.
REISITES !
- It is available only for the $i% $,
&. 2mployee notified her employer of her +'/i'i' ,$ %&' /'6i%i5*%' 0,' with
pregnancy of the probable date of her whom the husband is cohabiting.
childbirth
/. Dull payment be advanced by the employer
within 1> days from the filing of the maternity
leave application DELIVERY F includes childbirth, miscarriage, or
1. "hat payment
shall be of the
a bar to daily maternity
recovery benefits
of sickness abortion.
benefits P0,'= to enable the husband to lend support
). "hat the maternity benefits shall be paid to his wife during the period of recovery andGor
only for the first four *) deliveries or in the nursing of the newly born child.
miscarriages
5. "hat the 444 shall immediately reimburse CONDITIONS !
the employer of &>>J of the amount of
maternity benefits advanced to the &. he is an employee at he time of the delivery
employee by the employer of his childB
9. "hat if an employee member should give /. he is cohabiting with his spouse at the time
birth or suffer a miscarriage without the she gives birth or suffers a miscarriageB
reuired contributions having been remitted 1. he has applied for paternity leave B and
for her by her employer to the 444, or
without the latter having been previously ). his wife has given birth or suffered a
miscarriage
notified by the employer of the time of the
pregnancy, the employer shall pay to the - 3aternity leave, if not availed of, is n,%
444 damages euivalent to the benefits 3,n'%i/' %, 3*&.
which said employee member would
otherwise have been entitled to. WIFE - refers to the lawful wife which means the
woman who is legally married to the male
- ART 1"" () i%, i.e., the maternity employee concerned.
leave shall be etended without pay on
account of illness medically certified to arise - 6here the male employee is already
out of the pregnancy, delivery, abortion, or enjoying the paternity leave by reason of
miscarriage, which renders the woman unfit any law, decree, eecutive orders or any
for work , unless she has earned unused contract, agreement or policy between
leave credits from which such etended employer and employee and the eisting
leave may be charged. paternity benefit is greater, %&' 6'*%'
'n'$i% &*// 0'*i/ i$ /''; %&' 'i%in6
∗ LIMIT OF THE BENEFIT! Applies only for the 'n'$i% &*// ' *+%'+ %, %&' '%'n% ,$
first four deliveries irrespective of who is the %&' +i$$''n3'.
father of the children, and may not be availed of
in addition to sickness benefit under the 4ocial
4ecurity program. − ART 1"8. DISCRIMINATION PROHIBITED
- It shall be unlawful for any employer to

discriminate against any woman employee
with respect to terms and conditions of − ART 1". CLASSIFICATION OF CERTAIN
employment solely on account of her se. WOMEN WORKERS
A3% ,$ Di3i5in*%i,n! - Any woman who is permitted to work or

suffered to work, with or without
a. 3ayment of a lesser compensation for work compensation, in any night club, cocktail
of eual value. lounge, massage clinic, bar or similar
b. Davoring a male employee over a female establishment, under the effective control or
employee solely on the account of their supervision of the employer for a substantial
sees. period of time as determined by the
4ecretary of $abor, shall be considered as
S'*/ H**5'n% in * W,:-R'/*%'+ , an employee
purposes ofand
of labor such establishment
social legislation. for
E50/,45'n% Eni,n5'n% !
1. the seual favor is made as a

condition in the hiring or in the CHAPTER II
employment, re-employment or EMPLOYMENT OF MINORS
continued employment of said
individual or in granting said individual − ART 1". MINIMM EMPLOYABLE AGE
favorable compensation, terms,
conditions, promotions, or privilegesB - Any person between ages &5 and &? may
or the refusal to grant the seual favor be employed in any non ha#ardous work.
results in limiting, segregating or
classifying the employee which in E3'0%i,n *n+ 3,n+i%i,n ,n %&'
anyway
diminishwould discriminate,
employment deprive or
opportunities or '50/,45'n% ,$ * 3&i/+ '/, 18!
otherwise adversely affect said &. 6hen the child works directly under the sole
employee responsibility of hisGher parents or legal guardian
2. the above acts would impair the who employs members of hisGher family only
employees rights or privileges under under the following conditions=
eisting labor laws or a. employment does not endanger the
". "he above acts would result in an childs life, safety, health and morals
intimidating, hostile, or offensive b. employment does not impair the childs
environment *4ec. 1QaR, A %o. (?(( normal development
c. the parentGlegal guardian provides the
− ART 1"9. STIPLATION AGAINST child with the primary andGor secondary
MARRIAGE education prescribed by ;2C4
/. 6here the childs employment or participation
- it shall be unlawful for an employer to reuire in public entertainment or information through
as a condition for employment or continuation of cinema, theater, radio, or television is essential,
employment that a woman employee shall not provided that=
get married, or to stipulate epressly or tacitly
that upon getting married a woman employee a. employment does not involve
shall be deemed resigned or separated, or to advertisements or commercials
actually dismiss, discharge, discriminate or promoting alcoholic beverages,
otherwise prejudice a woman employee merely intoicating drinks, tobacco and its by-
by reason of her marriage. products or ehibiting violenceB
b. "here is a written contract approved &&. funeral epenses must be paid by employer
by the ;$2B and if the househelper has no relatives with
c. "he conditions prescribed for the sufficient means in the place where the head
employment of minors Sabove statedT of the family lives.
are met. &/. at least elementary education
&1. employment certification
NONHA>ARDOS WORK OR NDERTAKING
F one where the employee is not eposed to any CHAPTER IV
risk which constitutes an imminent danger to his EMPLOYMENT OF HOMEWORKERS
safety and health.
∗ INDSTRIAL HOMEWORK - a system of
HA>ARDOS WORKPLACES! production under which work for an employer or
contractor is carried out by a homeworker at his
&. 6here
workersthe to
nature of the workenvironmental
dangerous eposes the home.
elements, contaminants or work conditionsB ∗ INDSTRIAL HOMEWORKER - a worker
/. 6 here the workers are engaged in who is engaged in industrial homework
construction work, logging, fire-fighting,
mining, uarrying, blasting, stevedoring, BOOK FOR
dock work, deep-sea fishing, and HEALTH; SAFETY AND SOCIAL WELFARE
mechani#ed farmingB BENEFITS
1. 6here the workers are engaged in the
manufacture or handling of eplosives and TITLE I
other pyrotechnic productsB MEDICAL; DENTAL AND OCCPATIONAL
). 6here the workers use or are eposed to SAFETY
heavy or power-driven machinery or
euipmentB and
5. 6here the workers use or are eposed to CHAPTER
MEDICAL AND I SERVICES
DENTAL
power-driven tools,
− ART 189. FIRST-AID TREATMENT
CHAPTER III
EMPLOYMENT OF HOSEHELPERS ∗ FIRST-AID TREATMENT F adeuate,
immediate, and necessary medical and dental
RIGHTS OF HOSEHELPERS! attention or remedy given in case of injury or
illness suffered by a worker during employment,
&. minimum cash wage irrespective of whether or not such injury or
/. non-assignment to non- household work illness is work-connected, before a more
1. opportunity for education= if under &? *cause etensive medical andGor dental treatment can
of education part of compensation be secured.
). boardG lodging, medical attendance
5. just and humane treatment ∗ FIRST AIDER F any person trained and duly
9. indemnity for unjust termination of services certified as ualified to administer first aid by the
(. just causes for termination 3hil. %ational ed Cross or by any other
?. right not to be reuired to work more than &> organi#ation accredited by the former.
hours a day
'. for days vacation each month TITLE II
&>. to regular wages if employed in industrial or EMPLOYEES COMPENSATION AND STATE
commercial or agricultural undertaking INSRANCE FND
∗ WORKMENS COMPENSATON- A general ∗ IN?RY - Any harmful change in the human

and comprehensive term applied to those laws organism from any accident arising out of and in
providing for compensation for loss resulting the course of employment.
from the injury, disablement or death of a
workman through industrial accident, casualty or GRONDS FOR AN IN?RY TO BE
disease. COMPENSABLE
∗ COMPENSATION - +oney relief afforded &. the employee must have been injured at the
according to the scale established under the place where the work reuires him to be
statute as differentiated from compensatory /. the employee must have been performing
damages recoverable in an action at law for his official functions
1. if the injury is sustained elsewhere, the
breach of contract or for tort. employee must have been eecuting an
order for the employer
). the injury was not due to the employees
intoication, willful intention to injure or kill
himself or another, notorious negligence or
otherwise prohibited under this "itle.
6+2%4 2+3$E224
C+32%4A"I% C+32%4A"I% ∗ SICKNESS - Any illness definitely accepted as
AC" $A6 an occupational disease listed by the
Commission , any illness caused by
&. "here is a &. no presumption of employment subject to proof that the risk of
presumption of compensability contracting the same is increased by working
compensability conditions.
/. there is a /. no presumption of
presumption of aggravation
aggravation
C,n+i%i,n $, *n ,330*%i,n*/ +i'*' *n+
1. there is a need for 1. no need for the %&' '/%in6 +i*i/i%4 , +'*%& %, '
the employer to employer to 3,50'n*/' !
controvert the controvert
claim within &) 1. "he employees work must involve the risk
days otherwise described therein
he is deemed to 2. "he disease was contracted as a result of
have waived the the employees eposure to the described
right risksB
". "he disease was contracted within a period
). payment of
compensation ). payment of
compensation of eposure
necessary and under
to contract itB such other factors
made by the made by 444G@4I4 #. "here was no notorious negligence on the
employer through the 4tate part of the employee
Insurance Dund
∗ DEATH - $oss of life resulting from injury
or sickness
− ART 19#. DEFINITION OF TERMS.
∗ DISABILITY -$oss or impairment of a physical 9. SPECIAL ENGAGEMENT RLE F covers

or mental function resulting from injury or field trips, outings, intramurals and picnics
sickness. when initiated or sanctioned by the employer
∗ DIRECT PREMISES RLE @ as a general (. POSITIONAL AND LOCAL RISKS

rule, the accident should have occurred at the DOCTRINE F If an employee by reason of
place of work to be compensable his duties is eposed to a special or peculiar
danger from the elements, that is, one
E=CEPTIONS TO THE DIRECT greater than that to which other persons in
PREMISES RLE the community are eposed and an
unepected injury occurs, the injury is
&. INGRESS- EGRESS< PRO=IMITY RLE- compensable
when the employer is about to leave or
about to enter the premises of the employer ?. FORCE MA?ERE OR AN ACT OF GOD-
by way of the customary or eclusive means when one in the course of his employment is
of ingress or egress. reasonably reuired to be at a particular
place at a particular time and there meets an
/. GOING TO OR COMING FROM WORK- accident although one which any other
when the injury occurred when the person then and there present would have
employee is proceeding to or from his work met irrespective of his employment.
on the premises of the employer
→must be * 3,n%inin6 *3% and has not CHAPTER II
diverted therefrom by any other activity COVERAGE AND LIABILITY
and he has not departed from his usual
route to or from his workplace and if the − ART 19. COMPLSORY COVERAGE
employee is on a special errand, it must
have been official and in connection with - 2C$ applies
private, and toto all
all employees,
employers, public or
public or
his work.
private including casual, emergency,
1. E=TRA-PREMISES RLE F *or the shuttle temporary, or substitute employees.
bus rule where the company provides the
means of transportation in going to or - 2very employee is covered who is not over
coming from the place of work is liable to the 9> years over 9> years of age or over 9>
injury sustained by the employees while on years of age if he had been paying
board said means of transportation. contributions prior to the age of 9>
). SPECIAL ERRAND RLE F injury − ART 17. EFFECTIVE DATE OF COVERAGE

sustained outside the company premises is
compensable if his being out is covered by - "he employer is covered compulsorily from
an office order or a locator slip or a pass for first dayday

the first of operation and the employee from
of employment
official business.
5. DAL PRPOSE DOCTRINE F allows − ART 172. LIMITATIONS OF LIABILITY

compensation where a special trip would
have to be made for the employer if the - NO COMPENSATION can be obtained if the
employee had not combined the service for injury, death or disability is * '/% ,$ %&'
the employer with his own going or coming '50/,4''=
trip.
&. IntoicationB
/. 6illful intention to injure or kill himself or ∗ TEMPORARY TOTAL - if as a result of the
anotherB injury or sickness, the employee is unable to
1. %otorious negligenceB or perform any gainful occupation for a continuous
). 7nless otherwise provided by the $C period not eceeding &/> days
∗ NOTORIOS NEGLIGENCE Fdeliberate act ∗ PERMANENT TOTAL - if as a result of the

of the employee to disregard his own personal injury or sickness, the employee is unable to
safety. perform any gainful occupation for a continuous
period eceeding &/> days
∗ Is %e"th tho+!h s+$'$%e 'ompe)s"#le *
As a rule %. 8owever as held in NAESS ∗ PERMANENT PARTIAL - if as a result of the
. NLRC, the supreme court ruled that a self injury or sickness, the employee suffers a
inflicted death could be compensable if = permanent partial loss of the use of any part of
his body.
&. by agreement of the parties
/. "he suicideGdeath is caused by a work ∗ DEATH BENEFITS
related or compensable illness or - "he 4ystem shall pay to the primary
disease. beneficiaries upon the death of the covered
employee an amount eual to his monthly
− ART 17". E=TENT OF LIABILITY income benefit, plus ten percent thereof for
each dependent child, but not eceeding
- Si5/%*n', '3,'4 under the $abor five, beginning with the youngest and
Code and the Civil Code 3*nn,% ' 5*+'. without substitution. "he income benefit
"he action is selective and the employee shall be guaranteed for five years.
may either choose to $i/' %&' 3/*i5 n+'
'i%&'. 0ut once the election is made, the ∗ DEPENDENTS!
claimant cannot opt for the other remedy.
&. the legitimate, legitimated, legally adopted or
- 4imultaneous recovery n+' %&' LC *n+ acknowledged natural child who is
%&' SSS 3*n ' 5*+' as per an *+i,4 unmarried, not gainfully employed and not
,0ini,n +*%'+ M*4 2"; 1 ,$ S'3. Di/,n over /& years of age or over /& years of
in3' PD 121 &* /i$%'+ %&' *n ,n age provided that he is incapable of self-
i5/%*n', '3,'4. support due to a physical or mental defect
which is congenital or acuired during
∗ STATE INSRANCE FND= all covered minority
employers are reuired to remit to a common /. legitimate spouse living with the employee
fund a monthly contribution euivalent to one 1. the parents of said employee wholly
percent of the monthly salary credit of every dependent upon him for regular support
covered employee. "he employee pays no
contribution
contrary to the fund. Any agreement to the
is prohibited.
∗ BENEFITS
&. for life to the primary beneficiaries,
guaranteed for five years
CHAPTER VI /. for not more than 9> months to the
DISABILITY BENEFITS secondary beneficiaries in case there are no
primary beneficiaries
DISABILITY CATEGORIES! 1. in no case shall the total benefit be less that
3 &5, >>>.>>
∗ THE BENEFICIARIES ARE= activities including the right to strike in

accordance with law, and to participate in
PRIMARY BENEFICIARIES policy and decision making processes
a. ;ependent spouse until he remarries affecting their rights and benefits as may be
b. dependent children * legitimate, legitimated, provided by law.
natural born or legally adopted
SECONDARY BENEFICIARIES − ART. 212. DEFINITIONS

a. Illegitimate children and legitimate
descendants LABOR DISPTE INCLDES!
b. parents, grandparents, grandchildren
&. any controversy or matter concerning terms
or conditions of employment or
BOOK
LABOR FIVE
RELATIONS /. the association or representation of persons
in negotiating, fiing, maintaining, charging
or arranging the terms and conditions of
TITLE I employment, regardless of whether the
POLICY AND DEFINITIONS disputants stand in the proimate relation of
employer and employee.
− ART 211. DECLARATION OF POLICY
∗ EMPLOYEE- shall not be limited to the
∗ LABOR RELATIONS LAW - Concerned with employees of a particular employer.
the stabili#ation of relations of employer
and - i% &*// in3/+' *n4 in+ii+*/ &,'
employees and seeks to forestall and adjust ,: &* 3'*'+! * * '/% ,$ , in
grievances through - the encouragement of 3,nn'3%i,n i%& *n4 3'n% /*,
collective
labor bargainingthrough
disputes and the settlement of
conciliation, +i0%'
0*3%i3' , '3*' ,$ n$*i /*,
mediation and arbitration.
- I$ &' &* n,% ,%*in'+ *n4 ,%&'!
- Absent an employer-employee relation, &. 4ubstantially euivalent *n+
there is no labor relations to speak of. /. 3ermanent employment
∗ PARTIES TO LABOR RELATIONS CASES! ∗ MANAGERIAL EMPLOYEE - is one who is

&. "he employees organi#ation, vested with powers or prerogatives to lay down
/. management, and and eecute management policies and Gor to
1. the public hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees.
- "he public is always to be considered in
∗
disputes
ahas between
been labor the
held that and i6&%
capital,,$
and it
%&' SPERVISORY
who, in the interest EMPLOYEES F effectively
of the employer, are those
6'n'*/ 0/i3 *' 0**5,n%. recommend such managerial actions if the
eercise of such authority is not merely routinary
- L*, '/*%i,n 0,/i34 n+' %&' LC i or clerical in nature but reuires the use of
'5,+i'+ in S'3%i,n " A%i3/' =III ,$ %&' independent judgment.
17 Constitution which guarantees to all
workers their right among others to self- ∗ WORKERS ASSOCIATION - any association
organi#ation, collective bargaining and of workers organi#ed for the mutual aid and
negotiations, peaceful land concerted
protection of its members or for any legitimate d contract administration or personnel policy
purpose other than collective bargaining. disputes *noncompliance with C0A
provisions
∗ INDEPENDENT NION - any labor e employment tenure disputes
organi#ation operating at the enterprise level f * non regulari#ation of employees
whose legal personality is derived through an
independent action for registration prescribed PARTIES TO A DISPTE!
under Art. /1). It may be affiliated with a &. 3rimary 3arties F employer, employees,
federation, national or industry union, in which union
case it may also be referred to as an affiliate. /. 4econdary 3arties F voluntary arbitrator,
%A"I%A$ NION<FEDERATION - any labor agencies of ;$2 *0$, %$C, <AC, 4ec.
organi#ation with at least &> localsGchapters or f $abor, ffice of the 3resident
affiliates each of which must be a dully certified

or recogni#ed collective bargaining agent. CONSLTATION
MANAGEMENT ONOF
AND POLICIES OF
THE EMPLOYER
∗ LEGITIMATE WORKERS ASSOCIATION F - 6hat is needed is only consultation or
any workers association as defined herein participation. "he employees need not
which is duly registered with the ;epartment of agree.
$abor.
&. the last say is still with the management
∗ LABOR ORGANI>ATIONS - Any union or /. it is still the management prerogative that
association of employees which eists in prevails
whole or in part for the purpose of collective - If there is n, /*, ni,n, then
bargaining or of dealing with employees 3,n/%*%i,n should be made with the labor
concerning terms and conditions of management council.
employment.
- If the employees were n,% 6i'n %&' i6&% %,
PRPOSES OF LABOR 0*%i3i0*%', then they could $i/' i%& %&' NLRC
ORGANI>ATIONS! * 6i'*n3'.
&. for collective bargainingB and

/. for mutual aid and protection.
TYPES OF LABOR DISPTES
&. $abor 4tandards ;isputes =

a compensation *underpayment of minimum
wage TITLE II
b benefits * nonpayment of holiday pay, NATIONAL LABOR RELATIONS
COMMISSION
overtime pay
c working conditions * unrectified working
ha#ards CHAPTER I
CREATION AND COMPOSITION
/. $abor elations ;isputes
a organi#ational right disputeGunfair labor − ART. 21". NATIONAL LABOR RELATIONS
practice *coercion, restraint or interference COMMISSION
in unioni#ation efforts
b representation disputes TRIPARTISM
c bargaining disputes * refusal to bargain  - Dive *5 divisions of %$C.
- "hree *1 sectors are represented in the &. Cases certified to it for compulsory
composition of the %$C. arbitration by the 4ecretary of $abor under
- each division *1 commissioners will Art. /91B
have representative from the /. Injunction cases under Art. /&? and /9)B
following = and
1. Contempt cases.
&. Choice of the 4ec. f $abor coming
from the public sector
/. labor
1. employer and management sector ∗ CASES WERE THE NLRC HAS APPELLATE
?RISDICTION!
ALIFICATIONS OF THE CHAIRMAN AND
THE COMMISSIONER &. Cases decided by labor arbiters under
&. must be a member of the 3hilippine 0arB Art /&(bAct

6orkers and 4ec &> A ?>&/*+igrant
/. must have been engaged in the practice of /. Cases decided by the egional ffices
law in the 3hilippines for at least &5 yearsB of ;$2 in the eercise of its
1. must have eperience or eposure in adjudicatory function under Art &/' of
handling labor management relations for at the $abor Code
least &5 yearsB and
). preferably a resident of the region where he THE NLRC ONLY SITS EN BANC FOR
is to hold office. PRPOSES OF!
- "he Chairman and Commissioners of the
%$C are not subject to confirmation by the &. promulgating rules and regulation
Commission on Appointments governing the hearing and disposition of
cases before any of its divisions and
∗ THE ALIFICATIONS OF E=ECTIVE regional branches, and
LABOR ARBITERS
/. formulating policies affecting its
&. must be members of the 3hilippine 0arB administration and operations.
/. must have been engaged in the practice of
law in the 3hilippines for at least ( yearsB - "he Commission may only sit en banc for
1. must have eperience or eposure in the +'%'5in*%i,n ,$ 0,/i3i' *n+ NOT $,
handling labor management relations for at 00,' ,$ *++i3*%i,n.
least 1 years.
- P'%i%i,n $, 3'%i,*i *6*in% +'3ii,n
∗ TERM OF OFFICE OF THE CHAIRMAN; ,$ %&' NLRC &,/+ &'n3'$,%& '
COMMISIONERS; AND LABOR ARBITERS! ini%i*//4 $i/'+ i%& %&' C,% ,$ A00'*/ in
strict observance of the doctrine on the
- until they reach the age of 95 unless hierarchy of courts as the appropriate forum
removed for causes as provided by law or for the relief desired. "he 4C noted that the
become incapacitated to discharge the CA is procedurally euipped to resolve
function of his office. unclear or ambiguous factual finding, aside
from the increased number of its component
CASES WERE THE NLRC HAVE divisions. *S%. M*%in Fn'*/ H,5' .
E=CLSIVE AND ORIGINAL ?RISDICTION! NLRC G.R. N,. 1"99)
- Dindings of facts of a labor tribunal are

accorded the utmost respect by the courts
and are well-nigh conclusive if supported by +edicare and maternity benefits,

substantial evidence. all other claims arising from
employer-employee relations,
- $abor cases are n,% '3% %, B**n6*4 including those of persons in
C,n3i/i*%i,n since ordinary rules on domestic or household service,
procedure are merely suppletory in involving an amount eceeding
character vis-a- vis labor disputes which are 35,>>>.>> regardless of whether
primarily governed by labor laws. accompanies with a claim for
reinstatement.
- "he failure of the petitioner to file a motion (.+onetary claims of overseas
for reconsideration of the decision of %$C contract workers under the
before filing a petition for certiorari has in +igrant 6orkers Act of &''5.
certain instances been held not to be a fatal
omission. b. "he C,55ii,n

*00'//*%' shall over
i+i3%i,n have all
'3/i'
cases
CHAPTER II decided by $abor Arbiters.
POWERS AND DTIES
c. Cases arising from the in%'0'%*%i,n ,
− ART 217. ?RISDICTION OF LABOR i50/'5'n%*%i,n ,$ CBA *n+ %&,' *iin6
ARBITERS AND THE COMMISSION. $,5 %&' in%'0'%*%i,n , 'n$,3'5'n% ,$
3,50*n4 0',nn'/ 0,/i3i' shall be
a. E3'0% as otherwise provided under this disposed of by the $abor Arbiter by referring
Code the L*, Ai%' shall have ,i6in*/ the same to the 6i'*n3' 5*3&in'4 *n+
*n+ '3/i' jurisdiction to hear and ,/n%*4 *i%*%i,n.
decide, within 1> calendar days after the
submission of the case by the parties for - "he labor arbiter has jurisdiction over the
decision without etension, even in the claims of employees against @CCs if the
absence of stenographic notes, the following latter does not have an original charter and
cases involving *// ,:'; &'%&' has been incorporated under the
*6i3/%*/ , n,n-*6i3/%*/! Corporation Code.

&, 7nfair labor practice casesB - "he labor arbiter and the %$C have no
/. "ermination disputesB jurisdiction over claims filed by employees
1. If accompanied with a claim for against international agencies such as II,
reinstatement, those cases that 68 etc.
workers may file involving wages,
rates of pay, hours of work and − ART 21. POWERS OF THE COMMISSION
other terms and conditions of
employmentB ∗ POWERS OF THE NLRC!
). Claims for actual, moral,
eemplary and other forms of a. ule-making power
damages arising from employer- b. 3ower to issue compulsory
employee relationsB processes
5. Cases arising from any violation c. 3ower to investigate matters
of Art /9) of this Code, including and hear disputes within its
uestions involving the legality of jurisdiction
strikes and lockoutsB and d. Contempt power
9. 2cept claims for 2mployees e. 3ower to issue injunctions and
Compensation, 4ocial 4ecurity, estraining rders
REISITES BEFORE RESTRAINING &. "he complainant shall allege that, unless a
ORDER< IN?NCTION MAY ISSE! " shall be issued without notice, a
substantial and irreparable injury to
&. filing of a verified petition complaints property will be unavoidableB
/. a hearing after due and personal notice has /. "here is testimony under oath, sufficient, is
been served in such manner as the sustained, to justify the Commission in
Commission shall direct, to all known issuing a temporary injunction upon hearing
persons against whom the relief is sought after notice B
and also to the Chief 2ecutive or other 1. "he complainant shall first file an
public officials of the province or city within undertaking with adeuate security in an
which the unlawful acts have been amount to be fied by the Commission
threatened or committed charged with the sufficient to recompense those enjoined for
1. duty to protect
reception the
at the complainants
hearing property of
of the testimony any improvident
the loss, epenses or damageissuance
or erroneous caused by
of
witnesses with opportunity for cross- such order or injunction, including all
eamination, in support of the allegations of reasonable costs, together with a
the complaint made under oath as well as reasonable attorneys fee, and epense of
testimony in opposition thereto defense against the granting of any
). a finding of fact of the Commission to the injunctive relief sought in the same
effect that = proceeding and subseuently denied by the
a prohibited or unlawful acts have been CommissionB and
threatened and will be committed and ). "he " shall be effective no longer than
will be continued unless restrained, but /> days and shall become void at the
no injunction or temporary restraining epiration of said /> days counted from the
order shall be issued on account of any date of the posting of the bond.
threat, prohibited, or unlawful act, ecept
against the persons, association or - In the absence of service of summons or a
organi#ation making the threat or valid waiver thereof, the hearings and
committing the prohibited or unlawful judgment rendered by the labor arbiter are
act or actually authori#ing or ratifying the null and void.
same after actual knowledge thereof.
b "hat substantial and irreparable injury to - "he procedural and substantial
the complainants property will follow reuirements of Art /&? *e must be strictly
c "hat as to each item of relief to be complied with before an injunction may
granted, greater injury will be inflicted issue in a labor dispute.
upon complainant by the denial of the
relief than will be inflicted upon the THE FF. CAN ISSE IN?NCTIONS< TRO IN
defendants by the granting of the relief LABOR DISPTES
d "hat complainants has no adeuate
remedy at law &. 3resident *A". /91, g
e "hat public officers charged with the /. 4ecretary of $abor *A". /91, g
duty to protect complainants property 1. $abor Arbiters *A". /&(
are unable or unwilling to furnish ). %$C
adeuate protection. 5. egional ;irectors
5. 3osting of a bond 9. +ed- Arbiters
REISITES BEFORE TRO MAY BE A% 21. OCLAR INSPECTION

ISSED E= PARTE!
"he Chairman, any Commissioner, labor Arbiter

or their duly authori#ed representatives may, at &. if they represent themselvesB or
anytime during working hours= /. if they represent their organi#ation
or members thereofB or
a. Conduct an ocular inspection on 1. if he is a duly-accredited member of
any establishment, building, the legal aid office duly recogni#ed
ship, place or premises, by the ; of I03 in cases referred
including any work, material, thereto by the latter.
implement, machinery,
appliance or any object thereinB ATTORNEYS FEES! "he maimum amount to
and be given a lawyer is &>J of the monetary
b. Ask any employee. $aborer, or benefits awarded to the employees ecluding
any person as the case may be the award for moral and eemplary damages
for any information

concerning any matteror dateor shall not be included.
uestion relative to the object of - +oral and eemplary damages and other
the investigation benefits that employee receives when he is
working are ecluded.
− ART. 221. TECHNICAL RLES NOT
BINDING AND PRIOR RESORT TO - "his article prohibits the payment of
AMICABLE SETTLEMENT attorneys fees only where the same is
effected through forced contributions from
- An *5i3*/' '%%/'5'n% ,$ * /*, +i0%' the workers form their own funds as
should be *00,'+ 4 %&' /*, *i%' distinguished from the union funds.
'$,' &,5 %&' 3*' i 0'n+in6 after
being satisfied that it was voluntarily entered
by the parties and after having eplained to CHAPTER III
them the terms and conseuences thereof. APPEAL
PRPOSE! for the employees protection for the

labor arbiter before whom the case is pending − ART. 22". APPEAL
would be in a better position than just any labor
arbiter to personally determine the voluntariness GRONDS FOR APPEAL!
of the agreement and certify its validity.
&. If there is prima facie evidence of abuse of
RES ?DICATA applies only to judicial or uasi- discretion on the part of the $abor Arbiter or
judicial proceedings and not to the eercise of Compulsory ArbitratorB
administrative powers. /. If the decision, order or award was secured
through fraud or coercion, including graft
− ART 222. APPEARANCES AND FEES and corruptionB
1. If made purely on uestions of lawB
∗ APPEARANCE OF NON-LAWYERS ). If serious errors in the findings of facts are
BEFORE THE COMMISSION! raised which would cause grave or
irreparable damage or injury to the
GENERAL RLE: %$E lawyers can appellant.
appear before the %$C, or any $abor Arbiter,
PERIODS WITHIN WHICH TO APPEAL!
E=CEPTIONS ! %on-$awyers can appear %$E
in the following instances=
A. DECISIONS OF THE REGIONAL E=ECTION PENDING APPEAL!

DIRECTOR! - the decision of the labor arbiter ordering the
- within 5 calendar days from receipt of the reinstatement of a dismissed or separated
order. employee shall immediately eecutory
insofar as the reinstatement aspect is
B. DECISIONS OF THE LABOR ARBITER! concerned and the posting of an appeal
- within &> calendar days from the receipt of bond by the employer shall not stay such
the decision. eecution. "here is no need for the arbiter to
issue a writ of eecution on the
- "he appeal must be under oath and must reinstatement order as it is self-eecutory
state specifically the grounds relied upon *3ioneer "eturi#ing Case.
and the supporting arguments.
OPTIONS OF THE EMPLOYER TO IN
th
- 6here the
4unday &> holiday,
or legal day falls
theon a 4aturday,
appeal may be COMPLYING WITH AN ORDER OF
REINSTATEMENT WHICH IS IMMEDIATELY
filed on the net business day. E=ECTORY!
IS THE PERIOD OF APPEAL E=TENDIBLE &. 8e can admit the dismissed employee back
NO. "he period of appeal to cases to work under the same terms and
decided by the regional ;irector and the $abor conditions prevailing prior to his dismissal or
Arbiter is %2<2 etendible. It is the policy of separation or to a substantially euivalent
the state to settle epeditiously labor disputes. position if the former position is already filled
up.
REISITES BEFORE APPEAL TO THE /. 8e can reinstate the employee merely in the
NLRC IS DEEMED PERFECTED! payroll.
&. Dile a verified memo of appeal within the

reuired period of appealB - Dailing
compelledto under
eercise
painany option may
of contempt be
and the
/. In case of monetary award, the employer employer may be made to pay instead the
should file a bond corresponding to the salary of the employee.
monetary award ecluding awards for moral,
eemplary damages and attorneys fees. A 0'%i%i,n $, '/i'$ $,5 %&' +'3ii,n ,$ %&'
1. Appeal fee of 3&&>B /*, *i%' 5% %i3%/4 3,50/4 i%& 2
). Durnish the other party with a copy of the '6/'5'n%*4 0'i,+!
memo of appeal *proof of service.
&. "he petition must be filed within 9> days
- 6here the employer failed to post a bond to from knowledge of the judgmentB and
perfect its appeal, the remedy of the /. 6ithin a fied period of 9 months from entry
employee is not a petition for mandamus by of such judgment.
a motion to dismiss appeal. - petitions filed beyond said period
will no longer be entertained.
- "he intention of the lawmakers is to make
the bond an indispensable reuisite for the APPEAL FROM THE DECISION OF THE
perfection of an appeal by the employer. NLRC!
- appeal by certiorari should be filed
- "ardiness of an appeal form the decision of with the Court of Appeals*4t. +artin
the labor arbiter may be considered as a Dunerals 8ome
mere procedural lapse.
− ART 22#. E=ECTION OF DECISIONS;

ORDER; OR AWARDS ∗ INTRA- NION DISPTES - includes all
disputes or grievances arising from any
- "he decision of the 4ecretary of $abor, the violation of or disagreement over any
Commission, the 0ureau or egional provision of the constitution and by-laws
;irector the $abor Arbiter, the +ed-Arbiter or of a union.
the <oluntary Arbitrator shall be $in*/ *n+
''3%,4 *$%' 1 3*/'n+* +*4 $,5 - It also includes any violation of the rights
'3'i0% %&'',$ 4 %&' 0*%i'. and conditions of union membership
provided for in the $abor Code.
- "he foregoing may upon its own initiative or
on motion of any interested party, i' * ∗ INTER- NION DISPTES - refers to
i% ,$ ''3%i,n ,n * +65'n% i%&in 8 uestions involving or arising out of a
4'* $,5 %&' +*%' i% '3,5' $in*/ *n+
''3%,4. representation disputes between or
among the different unions.
- "he immediate eecution of judgment - It also includes all other conflicts which
should be undertaken only when the legitimate labor, organi#ations may have
monetary award had been carefully and against each other based on any violation of
accurately determined by the %$C and their rights as labor organi#ations.
only after the employer is given the
opportunity to be heard and to raise DETERMINATION OF EMPLOYER-
objections to the computation. EMPLOYEE RELATIONSHIP!
- since the 0$ has the original and eclusive

jurisdiction to decide in"er alia, all disputes,
TITLE III
BREA OF LABOR RELATIONS grievances or problems arising
affecting labor-management from
relations or
in all
workplaces. %ecessarily, in the eercise of
− ART. 229 BREA OF LABOR RELATIONS this jurisdiction over labor-management
relations, the +ed-Arbiter has the authority,
E=CLSIVE AND ORIGINAL ?RISDICTION original and eclusive, to determine the
OF THE BLR! eistence of an employer-employee
relationship (MY S*n Bi3i%; In3. 
&. inter- union conflicts L*6'5* G.R. N,. 811; 22 A0i/ 11).
/. intra- union conflicts
1. all disputes, grievances or problems arising SPECIAL REIREMENT AS TO THE
from or affecting labor- management FILING OF CASES!
relations in all workplaces whether
agricultural or non- agricultural.
A. INVOLVING ENTIREmust
&. "he complaint MEMBERSHIP
be signed by at
CASES WHERE THE BLR HAS NO least 1>J of the entire membership
?RISDICTION! of the union.
/. It must also show ehaustion of
- "hose arising from the implementation or administrative remedies.
interpretation of collective bargaining
agreements which shall be subject of B. INVOLVING A MEMBER ONLY!
grievance procedure andGor voluntary In such case only the affected
arbitration. member may file the complaint.
through fraud,
RE ! I50,i%i,n ,$ $'' 4 %&' ni,n @ +,' i% misrepresentation, or coercion
*$$'3% %&' 'n%i' 5'5'&i0 - in such cases, the %$C of the courts can
YES. 4uch being the case, the assume jurisdiction.
complaint should be signed by at least 1>J of
the membership of the union. − ART 2"1. REGISTRY OF NIONS AND FILE
OF COLLECTIVE AGREEMENT
ADMINISTRATIVE FNCTIONS OF THE
BLR! - "he C0A is more than a contract, it is highly
impressed with public interest for it is an
&. "he regulation of registration of the labor essential instrument to promote industrial
unionsB peace.
/. "he keeping of a registry of labor unionsB
1. and
"he maintenance of a file of C0As. - An n'6i%''+
certification election. CBA does not bar
NATIONAL CONCILIATION AND MEDIATION − ART 2"". PRIVILEGE

BOARD! COMMNICATIONS
- has absorbed the conciliation, mediation and
voluntary arbitration functions of the 0$ - Information and statements made at
*2.. &/9 conciliation proceedings shall be treated as
privileged communication and shall n,% '
− ART. 227. COMPROMISE AGREEMENTS '+ * 'i+'n3' in the Commission.
REIREMENTS OF A VALID ITCLAIM! - Conciliators and similar officials shall not

testify in any court or body regarding any
&. "he uitclaim must be voluntarily arrived at matters taken

conducted up at conciliation proceedings
by them.
by the partiesB
/. It must be with the assistance of the 0ureau
of $abor 4tandards, 0ureau of $abor TITLE IV
elations of any representative of the LABOR ORGANI>ATIONS
;$2B and
1. "he consideration must be reasonable. CHAPTER I
REGISTRATION AND CANCELLATION
- if the compromise agreement was entered
into i%&,% %&' *i%*n3' ,$ DOLE, it is − ART. 2"#. REIREMENT OF
valid and binding between the parties but REGISTRATION
the parties can still go to the %$C and
repudiate the agreement. ∗ LABOR ORGANI>ATION- A labor
- if the compromise agreement was entered organi#ationwhich

employees is anyeists
unioninorwhole
association of
or in part
into i%& %&' *i%*n3' ,$ DOLE, it shall for the purpose =
be final and binding between the parties, - of collective bargaining or
E=CEPT= - of dealing with employers concerning the
terms and conditions of employment.
a. in case of non compliance with
the compromise agreementB or ∗ PRPOSE OF FORMATION OF LABOR
b. if there is prima facie evidence NIONS! for securing a fair and just wages and
that the settlement was obtained good working conditions for the laborersB and for
the protection of labor against the unjust REASON FOR REIREMENT OF

eactions of capital REGISTRATION F it is a condition sine ua non
for the acuisition of legal personality by labor
∗ REIREMENTS BEFORE A LABOR organi#ations, associations or unions, and the
ORGANI>ATION CAN BE REGISTERED WITH possession or the rights and privileges granted
THE BREA OF LABOR RELATIONS! by law to legitimate labor organi#ations
&. 6ritten application verified by the FEDERATION is an association of national

4ecretaryG"reasurer, attested to by the unions.
3residentB
/. %ames of members comprising at least />J ∗ REIREMENTS BEFORE A FEDERATION
of the employees in the bargaining unit CAN BE ISSED A CERTIFICATE OF
where it seeks to operateB REGISTRATION!
1. %on-eistence of application
eist, state in the C0A, otherwise, if filed
that it is one
Aside from the application, which must be
within the freedom period. It shall be accompanied with the reuirements for
accompanied by the following attachments = registration of a labor registration, the
a. egistration fee in the amount of application should also be accompanied by the
35>.>>B following=
b. %ames of the officers and their &. 3roof of affiliation of at least &>
addressesB locals or chapters, each of which
c. +inutes of the organi#ational meetingsB must be =
d. $ist of workers who participated in the a. a duly recogni#ed collective
organi#ational meetingsB bargaining agent in the
e. %ames of all the members and the establishment of
number of employees in the bargaining b. supporting the registration
unitB
f. Annual Dinancial eport * if the of such applicant
or national unionB federation
applicant has been in the eistence for /. "he names and addresses of the
at least one yearB companies where the locals or
g. Dour *) copies of the constitution and chapters operate and the list of all
by-lawsB the members in each company
h. +inutes of the resolution of the involved.
constitution and by-laws and the list of
members who participated in the C") " lo'"l +)$o) "$l$"te ($th "
bargaining unit concernedB and e%e"t$o)* I so, ho(*
i. If there is an eisting collective
bargaining agreement duly submitted to YES. "he procedure of affiliation would
the ;$2, a sworn statement that the depend on whether the union is individually
application for registration is filed during registered or not.
the last 9> days of the agreement.
I$ %&' ni,n i in+'0'n+'n%/4 '6i%''+; the
MANDAMS is the proper remedy for the affiliation is by signing a contract of affiliation
unjustified refusal of the 0ureau in approving the with the labor union and the registration of such
application and the corresponding issuance of a contract with the 0$.
certificate of registration, it being a ministerial
duty. On %&' ,%&' &*n+; i$ %&' ni,n I n,%
in+'0'n+'n%/4 '6i%''+; affiliation is done by
the application of the union with the federation
so it may be issued a charter certificate, to be 8owever, if the labor union is not

submitted with the 0$, including the following= independently registered, eisting C0As would
&. Copies of its constitution and by-laws no longer be valid as there would no longer be
/. 4tatement of the set of officers and any labor organi#ation given by law the right to
books of accounts, all of which must be administer the C0As.
certified by the 4ecretaryG"reasurer and
attested to by the 3resident. ENTITLEMENT TO NION DES IN CASE
OF DISAFFILIATION!
C") " +)$o) o s+pe$soy employees
"$l$"te ($th " )"t$o)"l e%e"t$o) o l"#o - If the labor union is independently
o!")$/"t$o)s o ")0 ")% $le employees * registered, then the labor organi#ation is
entitled to the union dues and not the
YES, provided that= federation from which the labor organi#ation
a. "he federation
involved in unionis affairs
not actively
in the disaffiliated.
company and - n the other hand, if the labor union is not
b. "he rank and file employees are not independently registered, then union dues
directly under the control of the may no longer be collected as there would
supervisors no longer any labor union who is allowed to
collect such union dues from the employees.
EFFECTS WHEN A LOCAL NION - A union can affiliate anytime but disaffiliation
DISAFFILIATE! can be done only during the freedom period.
If not within the freedom period, can be done
→IT DEPENDS. If the labor union is only with the consent of the majority of the
in+'0'n+'n%/4 '6i%''+, the disaffiliation of workers. 3rovided it is independently
registered otherwise it loses its personality.
the union
labor would notand
organi#ation affect its being
therefor a legitimate
would continue "he eception will only apply if it is not
to have the rights and privileges of a legitimate prohibited by the constitution and by-laws of
labor organi#ation as well as the legal the federation of national union.
personality as such.
− ART 2"9. DENIAL OF REGISTRATION
APPEAL
n the other hand, if the labor union is
n,% in+'0'n+'n%/4 '6i%''+, upon ;ecisions of the 0$ denying the registration
disaffiliation, it would cease to be a legitimate of a labor organi#ation is appealable to the
labor organi#ation and would therefore no longer 4ecretary of $abor within &> calendar days from
have the legal personality and the rights and receipt, on grounds of=
privileges granted by law to legitimate
organi#ation.
a. grave abuse of discretionB and
b. gross incompetence
EFFECT OF DISAFFILIATION WITH
E=ISTING CBA!
− ART 2". CANCELLATION OF
→IT DEPENDS. If the labor union is REGISTRATION APPEAL
independently registered, eisting C0As would
continue to be valid as the labor organi#ation "he certificate of registration of any legitimate
can continue administering the C0As. labor organi#ation shall be cancelled by the 0$
if it has reason to believe, *$%' +' &'*in6,
that the said labor organi#ation no longer meets 9. 2ntering into collective bargaining
one or more of the reuirements herein agreements which provide terms and
prescribed. conditions of employment below minimum
standard established by lawB
- A00'*/ may be filed within &5 days from (. Asking for or accepting attorneys fees or
receipt of the decision to the 4ecretary of negotiation fees from the employersB
$abor. ?. ther than for mandatory activities under
this Code, checking off special assessment
− ART 2". GRONDS FOR CANCELLATION or any other fees without duly signed
OF NION REGISTRATION. individual written authori#ation of the
membersB
'. Dailure to submit a list of individual members
GRONDS FOR CANCELLATION OF NION of the 0ureau once a year or whenever
REGISTRATION!
reuired to
&>. Dailure by the 0ureauB
comply withand
the reuirements
&. +isrepresentation, Dalse statement or Draud under Articles /1( and /1?.
in connection with=
- the adoption or ratification of the REMEDY IN CASE THE BREA SHOLD
constitution and by-laws or CANCEL THE REGISTRATION OF THE
amendments thereto, NION!
- the minutes of ratification, and - to appeal to the 4ecretary of $abor within &>
- the list of members who took part in calendar days on the grounds of=
the ratification.
/. Dailure to submit the document mentioned in &. grave abuse of discretion or
the preceding paragraph /. gross incompetence on the part of
- within 1> days from adoption or the 0ureau
ratification of the constitution and
by-laws or amendments thereto. - 4hould the office of the 4ecretary affirm the
1. +isrepresentation, false statement or fraud decision of the 0ureau, the $in*/ '5'+4 i
in connection with the= * 0'%i%i,n $, 3'%i,*i %, %&' SC n+'
- election of officers, R/' 98; R/' ,$ C,%.
- minutes of the election of officer and
the list of voters, or failure to submit CHAPTER II
these documents together with RIGHTS AND CONDITIONS OF MEMBERSHIP
- the list of the newly IN A LABOR ORGANI>ATION
electedGappointed officers and their
postal addresses − ART. 2#1. RIGHTS AND CONDITIONS OF
- within 1> days from election
MEMBERSHIP IN A LABOR
). Dailure to submit the annual financial report
ORGANI>ATION
to the 0ureau
- within 1> days after the closing of

every fiscal year and REIREMENTS IN MAKING SPECIAL
misrepresentation, false entries and ASSESSMENT
fraud
- in the preparation of the financial
report itselfB A%. 2#1(n). %o special assessment or other
5. Acting as a labor contractor or engaging in etraordinary fees may be levied upon the
the NcaboH system, or otherwise engaging in
members of a labor organi#ation=
any activity prohibited by lawB
- 7%$244 authori#ed by a written resolution comes to fees for mandatory activities under
of a majority of all the members at a general the $abor Code.
membership meetings duly called for the
purpose. ∗ CHECK-OFF is a method of deducting from an
employees pay at prescribed period, the
- "he secretary of the organi#ation shall amounts due to the union for fees, fines or
record the minutes of the meeting including= assessment.
- the list of all members present,
- the votes cast, In S0'3i*/ A'5'n%, there must be a written
- the purpose of the assessment or fees, resolution authori#ed by a majority of the
members at a general meeting called for the
- "he record shall be attested by the purpose.
3resident.
- "herefore, the REIREMENTS when it - Check-off F there

authori#ation of themust be individual written
members.
comes to special assessment are as follows=
&. there must be a written resolution PERSONS WHO ARE PROHIBITED FROM
/. the resolution must have been approved by BECOMING MEMBERS OF A LABOR
a majority of all the members ORGANI>ATION NDER THE LABOR CODE!
1. the approval must be at a general
membership meeting duly called for the &. "hose who have been convicted of a crime
purpose involving moral turpitude. *Art. /)&*fB
/. 4ubversives or those engaged in subversive
Activities.
REIREMENTS OF THE LAW WITH
REGARDS TO CHECK-OFFS - In general, a union is free to select its own
A%. 2#1(,). O%&' %&*n $, MANDATORY members, and no person

right to membership hasunion.
in a trade an absolute
ACTIVITIES n+' %&' C,+'.
- "he implementing rules reuire that the
- % special assessment, attorneys fees, remedies be ehausted within the union
registration fees or any other etraordinary before a complaint for any violation of the
fees may be checked off from any amount unions constitution and by-laws may be
due an employee. filed.
- 6I"87" an individual written authori#ation
duly signed by the employee. REIREMENTS BEFORE A CHECK-OFF
MAY BE DONE!
"he authori#ation should specifically state
the= - Individual written authori#ations of the
a. amount employees are reuired before a check-off
b. purpose and may be validly done.
c. beneficiary of the deduction.
E=CEPTIONS !
E=CEPTION %, %&' R'Ji'5'n% ,$
In+ii+*/ Wi%%'n A%&,i*%i,n! &. Dor mandatory activities provided under
the CodeB and
- "he law does not reuire individual written /. 6hen non-members of the union avail
authori#ations from the employees when it of the benefits of the C0A.
- said non-members may be RIGHTS OF LEGITIMATE LABOR

assessed union dues euivalent to ORGANI>ATIONS
that paid by members
- only by a 0oard esolution − ART. 2#2. RIGHTS OF LEGITIMATE LABOR
approved by majority of the ORGANI>ATIONS
members in a general meeting
called for the purpose
RIGHTS OF A LEGITIMATE LABOR
NATRE AND PRPOSE OF CHECK-OFF ORGANI>ATION!
- to facilitate the collection of dues necessary
for the unions life and sustenance. &. 7ndertake activities for benefit of members
/. 4ue and be sued
1. 2clusive representative of all employees

). epresent union members
OFGENERAL
THE NION GROPINGS
MEMBERS! OF THE RIGHTS 5. Durnished by employers of audited financial
(n+' A%. 2#1) statements
9. wn properties
&. P,/i%i3*/ i6&% is the right of the members to (. 2empted from taes
vote and be voted for, subject to lawful
provisions on ualifications and EFFECT OF CANCELLATION OF
disualifications. REGISTRATION IN THE CORSE OF
/. D'/i'*%i' *n+ D'3ii,n-M*:in6 Ri6&% is PROCEEDINGS
the members right to participate in
deliberations on major policy uestions and - 6here a labor union is a party in a
decide them by secret ballot. proceeding and later it loses its registration
1. Ri6&% O' M,n'4 M*%%' is the right of permit in the course or during the pendency
the members= of the case, such union may continue still as
a. against ecessive fees a party without need of substitution of
b. against unauthori#ed collection of parties, subject however to the
contributions or unauthori#ed understanding that whatever decision may
disbursements be rendered therein will only be binding
c. to reuire adeuate records of upon those members of the union who have
income and epenses not signified their desire to withdraw from
the case before its trial and decision on the
merits.
d. to access financial records
e. to vote on officers compensation TITLE V
f. to vote on special assessment COVERAGE
g. to be deducted a special assessment
only with the members written − ART. 2#". COVERAGE AND EMPLOYEES
authori#ation. RIGHT TO SELF @
). Ri6&% %, In$,5*%i,n is the members right ORGANI>ATION
to be informed about=
a. the organi#ations constitution and
by- laws
b. the collective bargaining agreement GOVERNMENT @ GOVERNMENT @
c. about labor laws OWNED OR OWNED OR
CONTROLLED CONTROLLED
CHAPTER III CORPORATIONS CORPORATIONS
WITH A CHARTER WITHOT contrary to law.

CHARTER
&. 2mployees cannot &."he @CC is

stage strikes since created under
they are governed Corporation Code, THE FOLLOWING ARE CONSIDERED
by the Civil then employees are NEGOTIABLE IN GOCC WITH ORIGINAL
4ervice $aw. "hey covered by the CHARTER!
are enjoined by $abor Code.
Civil 4ervice "herefore the &. schedule of vacation and other leaves
+emorandum employees have the /. work assignment of pregnant women
Circular %o. 9, same rights as 1. personnel growth and development
under pain of those as employees ). communication system F lateral and vertical
administrative
sanctions, from of private
corporations, one of 5. provision for protection and safely
9. provision for facilities for handicapped
staging strikes, which is the right to personnel
demonstrations, stage strikes. (. provision for first-aid medical services for
mass leaves, walk- married women
outs and other ?. annual medicalGphysical eamination
concerted '. recreational, social, athletic and cultural
activities. activities and facilities *ules implementing
6 &?>
/.Corporations with /. "he @CC is
original charters created under THE FOLLOWING ARE CONSIDERED NOT
cannot bargain with Corporation Code, NEGOTIABLE !
the government being governed by
concerning the the $abor Code, they
terms and can bargain with the &. "hose whichas
funds, such reuire
= appropriation of
conditions of their government a. increase in salary emoluments and
employment. concerning the terms other allowance not presently
8owever, they can and conditions of provided for by law
negotiate with the their employment. b. facilities reuiring capital outlays
government on "hus, they have an c. car plan
those terms and unlimited bargaining d. provident fund
conditions of rights. e. special hospitali#ation, medical and
employment which dental services
are not fied by law. f. riceGsugarGother subsidies
"hus, they have a g. travel epenses
limited bargaining h. increase in retirement benefits
rights.
/. "hose that involve the eercise of
management prerogatives, such as =
- appointments
1. Can only form, 1. Can form, join or - promotion
join or assist Assisi labor - assignmentsGdetails
labor organi#ation for - reclassificationGupgrading of position
organi#ation for purposes of C0A, - revision of compensation structure
purposes not etc.
- penalties imposed as a result of &. +embers of the Armed Dorces of the
disciplinary actions 3hilippines, including police officers,
- selections of personnel to attain policemen, firemen and jail guardsB
seminar, trainings. 4tudy grants /. 8igh-level employees
- distribution of work load - whose functions are normally
- eternal communication linkages considered as policy-making or
managerial
- @overnment employees and employees of - whose duties are of a highly confidential
government-owned and controlled or highly technical in nature * 2 &?>,
corporations with original charters may sections 1-)
bargain, however, such *6*inin6 0,' 1. @overnment employees occupying high
i /i5i%'+. positions
RATIONALE ! GOCC INCORPORATED ). 2mployees of international organi#ations
NDER THE CORP. CODE ALLOWED TO

ORGANI>E! with immunities
5. Confidential employees
9. Cooperative members who are also
&. they are not involved in public service employees
/. terms of employment are not fied by law
1. they are governed by the provisions of the - F,'i6n' */i+/4 ,:in6 in %&'
$abor Code not by the Civil 4ervice $aw P&i/i00in' 3*n $,5 /*, ,6*ni*%i,n,
provided, the same right to form, join or
EMPLOYEES COVERED BY THE RIGHT TO assist in the formation of labor unions is also
SELF- ORGANI>ATION! given to Dilipinos in their country of origin.
"his '5,+i' %&' 0in3i0/' ,$
&. Commercial '3i0,3i%4.
/. Industrial
E%'n% ,$ %&' Ri6&% %, S'/$-O6*ni*%i,n
1.
- Agricultural
charitable enterprises, including=
- religious a. "o form, join and assist labor organi#ations
- education or - for the purpose o f collective b argaining
- medical institution through representatives of their own choosing
and
EMPLOYEES WITH LIMITED RIGHT TO b. "o engage in lawful concerted activitiesfor the
SELF- ORGANI>ATION! - same purpose
- for their mutual aid and protection
&. 4elf- employed
/. 6ithout definite employers − ART 2#8. INELIGIBILITY OF MANAGERIAL
1. Ambulant EMPLOYEES TO ?OIN ANY LABOR
). Intermittent and Itinerant ORGANI>ATION RIGHT OF SPERVISORY
5. ural worker EMPLOYEES.
- they have the right to self-organi#ation but R'*,n $, in'/i6ii/i%4 F in the collective
only for their mutual aid and protection. bargaining process, managerial employees are
supposed to be on the side of the employer, to
EMPLOYEES WHO ARE NOT GRANTED act as its representatives, and to see to it that its
THE RIGHT TO SELF-ORGANI>ATION! interests are well protected. "he employer is not
assured of such protection if these employees
themselves are union members.
− ART. 2#9.
- "he prescriptive period for the criminal case
THE RIGHT TO SELF-ORGANI>ATION is suspended once the administrative case
SHALL NOT BE ABRIDGED MEANS! has been filed and would only continue
running once the administrative case has
It shall be unlawful for any person to= attained finality.
restrain,
coerce, - (-.E/ER: Dinal judgment in the
discriminate against, or administrative proceedings shall not be
unduly interfere binding in the criminal case nor shall be
with employees and workers in their considered as an evidence of guilt but
eercise of the right to self-organi#ation. merely as a proof of compliance of the
*A%. 2#9 reuirements prescribed by the Code.
Any act intended to weaken or defeat the P''Jii%' $, $i/in6 3i5in*/ 3*'!
right is regarded by law as an offense, which is final judgment in the administrative proceeding
technically called Nunfair labor practice.H finding that 7$3 has been committed
CHAPTER II
NFAIR LABOR PRACTICES
OF EMPLOYERS

TITLE VI − ART 2#. LP THAT MAY BE COMMITTED
NFAIR LABOR PRACTICES
BY AN EMPLOYER
CHAPTER I
&. "o interfere with, restrain or coerce employees
CONCEPT
- in the eercise of their right to self-
organi#ationB
− ART. 2#7 NFAIR LABOR PRACTICES /. "o reuire as a condition for employment
that a person or an employee
NATRE OF NFAIR LABOR PRACTICES! - shall not join a labor organi#ation or
- shall withdraw from one to which he
&. violate the constitutional right of workers and belongsB
employees to self-organi#ation, 1. "o contract out services or functions being
/. are inimical to the legitimate interests of both performed by union members
labor and management, including their right - when such will interfere with, restrain or
to bargain collectively and otherwise deal coerce employees in the eercise of
with each other in an atmosphere of their right to self-organi#ationB
freedom and mutual respect, ). "o initiate, dominate, assist or otherwise
1. disrupt industrial peace and interfere
). hinder the promotion of healthy and stable - with the formation or administration of
labor-management relations. any labor organi#ation,
- including the giving of financial or other
PRESCRIPTIVE PERIOD FOR FILING support to it or its organi#ers or officersB
CRIMINAL AND CIVIL CASES FOR LP! 5. "o discriminate in regard to wages, hours of
work, and other terms and conditions of
- "he prescriptive period of filing 7$3 cases employment
whether it be civil or criminal is ,n' 4'* - in order to encourage or discourage
$,5 %&' *33*/ ,$ %&' LP *3%. membership in any labor organi#ation .
2. such contracting-out interferes with,

TEST OF DISCRIMINATION! restrains, or coerce employees in
the eercise of their right to self-
a. whenever benefits or privileges given to one organi#ation.
is not given to the other under similar or
identical conditions - (-.E/ER , when the contracting-out is
b. when directed to encourage or discourage being done to minimi#e epenses, then it is
union membership a valid eercise of management prerogative.
9. "o dismiss, discharge or otherwise prejudice THREE COMPONENTS OF ART. 2# (' )!
or discriminate against an employee (DISCRIMINATION)
- for having given or being about to give
testimony under this CodeB &. It prohibits discrimination in terms and
(. "o violate the
prescribed dutyCodeB
by this to bargain collectively as conditions of discourage
encourage or employmentmembership
in order to
in
?. "o pay negotiation or attorneys fees to the the unionB
union or its officers or agents /. It gives validity to union security
- as part of the settlement of any issue in agreementsB
collective bargaining or any other 1. It allows an agency shop arrangement
disputesB or whereby agency fees may be collected
'. "o violate a collective bargaining agreement. from non-union members.
%"2= violation must be gross and with
respect to the economic provision of the SECRITY ARRANGEMENTS are stipulations
C0A in the C0A reuiring membership in the
contracting union as a condition for employment
∗ YELLOW DOG CONTRACT= A or retention of employment in the company.
promise eacted from

condition employment that workers as toa
they are not PRINCIPLES OF NION SECRITY
belong to, or attempt to foster, a union ARRANGEMENTS!
during their period of employment.
&. P,%'3%i,n. "o shield union
- It is contrary to public policy for it is members from whimsical and
tantamount to involuntary servitude. abusive eercise of
- It is entered into without consideration for management prerogatives.
employees waive their right to self- /. B'n'$i%. An additional
organi#ation membership will insure
- 2mployees are coerced to sign additional source of income
contracts disadvantageous to their to the union in the form of
family. union dues and special
assessment.
Does At. 123 4' 5 me") th"t ") employe 1. S'/$-0''*%i,n. It
'"))ot 'o)t"'t o+t (o0* strengthens the union
through selective acceptance
NO. Contracting out services is not 7$3 of new members on the basis
per se. It is only 7$3 when the following of commitment and loyalty.
conditions eist=
1. the service contracted- out are
being performed by union membersB DIFFERENT KINDS OF NION SECRITY
and ARRANGEMENTS!
union activities without contributing to

&. CLOSED- SHOP AGREEMENT - the union support to prevent a situation of
employer undertakes not to employ any non-union members enriching
individual who is not a member of the themselves at the epense of union
contracting union and the said individual members.
once employer must, for the duration of the
agreement, remain a member of the union in
good standing as a condition for continued
employment.
THE REIREMENTS FOR A VALID NION
/. NION @ SHOP AGREEMENT -stipulation OR CLOSE SHOP AGREEMENT
whereby any person can be employed by 0!- T(AT T(E EMPL-1ER CAN TERM2NATE
the employer but once employed such T(E EMPL-1EE %-R /2-LAT2-N -% !A2D
employeea member
become must, within
of theacontracting
specific period,
union AGREEMENT3=
and remain as such in good standing for &. It must be epressed in a clear and
continued employment for the duration of uneuivocal way so as not to leave room for
the C0A. interpretation because it is a limitation to the
eercise of the right to self-organi#ation.
1. MAINTENANCE OF MEMBERSHIP - Any doubt must be resolved against close-
CLASE - the agreement ;24 %" shop.
reuire non-members to join the contracting /. It can only have prospective application and
union 07" provides that those who are cannot be applied retroactively.
members thereof at the time of the 1. Can only be eercised by giving the
eecution of the C0A and those may employee his right to due process.
thereafter on their own volition become - "he employer has the right to satisfy
members must for the duration of the itself that there are sufficient bases for
agreement maintain their membership in the reuest of the union.
good standing as a condition for continued - "he termination of the employee is not
employment in the company for the duration automatic upon the reuest of the union.
of the C0A. ). Cannot be applied to employees who are
already employees of the rival union nor to
). PREFERENTIAL SHOP AGREEMENT - the employees based on their religious
"he employer agrees to give preference to beliefs.
the members of the bargaining union in
hiring or filing vacancies and retention in CHAPTER III
case of lay-off. 0ut the employer has the NFAIR LABOR PRACTICES OF LABOR
right to hire in open market if union ORGANI>ATIONS
members are not available. 7sually,
descendants *children are also given − ART. 2#. NFAIR LABOR PRACTICES OF
preference in employment. LABOR ORGANI>ATIONS
5. AGENCY SHOP AGREEMENT - An a. "o restrain or coerce employees in the

agreement whereby employees must either eercise of their right to self-organi#ation.
join the union or pay to the union as 8owever, a labor organi#ation shall have the
eclusive bargaining agent a sum eual to right to prescribe its own rules with respect
that paid by the members. to the acuisition or retention of
membershipB
- "his is +i'3%'+ *6*in% FREE
RIDER '50/,4'' who benefit from
b. "o cause or attempt to cause an employer to

discriminate against an employee, including ∗ COLLECTIVE BARGAINING @negotiation by
discrimination an organi#ation or group of workmen, in
c. "o violate the duly or refuse to bargain behalf of its members, with the employer,
collectively with the employer provides that it concerning wages, hours of work and other
is the representative of the employeesB terms and conditions of employment and
d. "o cause or attempt to cause an employer to the settlement of disputes by negotiation
pay or deliver or agree to pay or deliver any between an employer, and the
money or other things of value, in the nature representative of his employees.
of an eaction, for services which are not
performed or not to be performed, including PROCEDRE IN COLLECTIVE
the demand for a fee for union negotiationsB BARGAINING=
e. "o ask for a accept negotiation or attorneys
fees from of
settlement employers
any issue as part of the
in collective &. 6ritten notice with statement of proposals
/. eply by the other party
bargaining or any other disputeB or 1. In case of differences, either party may
f. "o violate a collective bargaining agreement. reuest for a conference
). If not settled %C+0 may intervene and
NOTE= <iolation must be gross with respect to encourage the parties to submit the dispute
economic provisions of the C0A. to a voluntary arbitrator
5. If not resolved, the parties may go to where
PERSONS CIVILLY LIABLE FOR LP! they want and resort to any other lawful
means.
&. fficers and agents of employer
/. $abor organi#ation, officers and agents COLLECTIVE BARGAINING AGREEMENT-
(CBA)
PERSONS CRIMINALLY LIABLE FOR LP!
– negotiated contract between
labor organi#ation and thea legitimate
employer
&. Agents and officers who participated or concerning =
authori#ed or ratified the act. - wages,
/. Agents, representatives, members of the - hours of work and
government board, including ordinary - all other terms and
members - conditions of employment in a
bargaining unit, including
∗ FEATHERBEDDING - refers to the practice of mandatory provisions for grievances
the union or its agents in causing or attempting and arbitration machineries.
to cause an employer to pay or deliver or agree
to pay or deliver money or other things of value, MANDATORY PROVISIONS OF THE CBA!
in the nature of eaction, for services which are
not performed or not to be performed, as when a
union demands that the employer maintain &.
/. wagesof work
hours
personnel in ecess of the latters reuirements 1. grievance machinery
). voluntary arbitration
TITLE VII 5. family planning
COLLECTIVE BARGAINING AND 9. rates of pay
ADMINISTRATION OF AGREEMENTS (. mutual observance clause
− ART 28. PROCEDRE IN COLLECTIVE

BARGAINING
In addition, the 0ureau reuires that the C0A

should include a clear statement of the terms of ∗ ATOMATIC RENEWAL CLASE - this is
the C0A. under the present Article which establishes an
automatic renewal clause the C0A is effective
− ART 28". DTY TO BARGAIN and enforceable even after the epiration of the
COLLECTIVELY WHEN THERE E=ISTS A period fied by the parties as long as no new
COLLECTIVE BARGAINING AGREEMENT agreement is reached by them.
∗ BARGAINING NIT- a group of employees of MODES OF CHOOSING THE E=CLSIVE

a given employer, comprised of all or less BARGAINING NIT!
that all the entire body of the employees,
consistent with euity to the employer, - &. 42$2C"I%
indicate to be best suited to serve the - certification election
reciprocal rights and duties of the parties
under the collective bargaining provision of /. ;24I@%A"I%
the law. a voluntary recognition
b direct certification
FOR FACTORS IN DETERMINING THE
APPROPRIATE BARGAINING AGREEMENT!
∗ CERTIFICATION ELECTION - process of
&. "he 2press 6ill or ;esire of the determining by secret ballot the sole and
2mployees *@lobe ;octrineB eclusive bargaining agent of the employees in
/. "he 4ubstantial and +utuality Interest an appropriate bargaining unit, for purposes of
DactorB collective bargaining.
1. 3rior Collective 0argaining 8istoryB
). 2mployment 4tatus, such as ∗ DIRECT CERTIFICATION - process whereby
- temporary
seasonal, and the +ed-Arbiter directly certifies a labor
organi#ation of an appropriate bargaining unit of
- probationary employee a company after a showing that such petition is
supported by at least a majority of the
employees in the bargaining unit. I% i n,
∗ THINGS TO CONSIDER IN DETERMINING /,n6' *//,'+. (EO 111)
THE COMMNITY OF INTEREST DOCTRINE!
∗ VOLNTARILY RECOGNITION
&. similarity in the scale and manner of - process whereby the employer recogni#es a
determining earnings labor organi#ation as the eclusive
/. similarity in employment benefits, hours of bargaining representative of the employees
work and other terms and conditions of in the appropriate bargaining unit after a
employment showing that the labor organi#ation is
1. similarity
). similarity ininthethe
kinds of work performed
ualifications, skills and supported bythe
employees in atbargaining
least a majority
unit. of the
training of the employees
5. freuency of contract or interchange among
the employees
9. common supervision and determination of
labor-relations policy CERTIFICATION CONSENT
(. history of previous collective bargaining ELECTION ELECTION
?. desires of the affected employees
'. etent of union organi#ation
&. aimed at &. an agreed one, 9>-day freedom period before the epiration
determining the its purpose of a C0A.
sole and being merely to - "he petition must be supported by
eclusive determine the the written consent of at least /5J
bargaining agent issue of majority of all the employees in the
of all the representation of appropriate bargaining unit.
employees in an all the workers in
appropriate the appropriate NOTE= In case the establishment is organi#ed,
bargaining unit collective the employer cannot file a petition for
for the purpose bargaining unit certification electionB only a legitimate labor
of collective organi#ation can file such petition.
bargainingB
WHEN MAY A LABOR ORGANI>ATION FILE
/. separate anda
distinct from /. from theofvery
nature A PETITION FOR CERTIFICATION ELECTION!
consent election consent election, &. 6here the '%*/i&5'n% i n,%
it is a separate ,6*ni'+, it can file a petition for
and distinct certification election at any time, subject
process and has however to the %2-2$2C"I%-32-E2A
nothing to do 7$2.
with the import /. In an ,6*ni'+ '%*/i&5'n% F
and effect of a a. when %&'' i * CBA, the labor
certification organi#ation can file a petition for
election certification election within the 9>-day
freedom period *C%"AC"-0A
EFFECT OF VOLNTARILY RECOGNITION 7$2 
BY THE EMPLOYER! b. when %&'' i n, CBA, then the labor
organi#ation can file a petition for
- 0y voluntarily recognition of the employer, certification election at any time, subject
the labor organi#ation recogni#ed by the to the N;eadlockH bar ule.
employer as the eclusive bargaining agent
may collectively bargain with the employer. ∗ DEADLOCK BAR RLE, a petition for
certification election can only can only be
WHEN IS THE CONDCT OF A entertained if there is no pending bargaining
CERTIFICATION ELECTION MANDATORY ON deadlock submitted to conciliation or arbitration
THE PART OF THE BLR or had become the subject of a valid notice of
strike or lockout.
&. In *n n,6*ni'+ 3,50*n4 F
a. upon the filing of a verified petition by a ∗ REISITES BEFORE A LABOR NION
legitimate labor organi#ationB or CAN BE DECLARED A WINNER!
b. upon the filing of a petition by the
employer when such employer is &. +ajority of the eligible voters cast their
reuested by the employees to bargain votes.
collectively. /. btained majority of the valid votes cast.
/. In *n ,6*ni'+ 3,50*n4 upon the filing of *;70$2 +AI"E
a verified petition by a legitimate labor
organi#ation uestioning the majority status HOW TO DETERMINE THE TWO MA?ORITY
of the incumbent bargaining agent within the
RLE !
&. In determining valid votes, eliminate spoiled select representatives can be justified
ballots but include challenged votes only where stability is deemed
/. In determining the eligible votes cast, paramount.
include spoiled ballots 1. Certain types of contracts which do not
foster industrial stability such as
∗ RN-OFF ELECTIONS contracts where the identity of the
representative is in doubt or those that
"his happens when= are prematurely renewed
a. "he election provides for at least 1
choices*Nno unionH is always a REIREMENTS IN ORDER TO INVOKE
choice CONTRACT-BAR RLE!
b. "he election results in none of the
choices received the majority &. Agreement is in writing, signed by all
votes*5>JU& of the valid votes cast /. contracting parties.
It must contain the terms and conditions of
employment.
1. Covered employees in an appropriate
Rn-,$$ shall be conducted= bargaining unit.
). It is for a reasonable period or duration.
a. 0etween the labor union receiving 5. It must be ratified.
the two highest number of votes 9. It must be registered with the 0ureau.
b. 3rovided that the total number of (. "he violation of the contract bar rule or the
votes for all the contending unions is eistence of a duly registered C0A must be
at least 5>J of the total votes cast specifically impleaded as a defense.
RLES WHICH WILL PREVENT THE E=CEPTIONS TO THE CONTRACT-BAR

RLE!
HOLDING OF A CERTIFICATION ELECTION!
&. Contract-0ar ule &. C0A is not registered.
/. ne-Eear 0ar ule /. C0A deregistered.
1. ;eadlock 0ar ule 1. C0A was hastily concluded way ahead of
the freedom period
∗ THE CONTRACT-BAR RLE provides that ). C0A is incomplete in itself
while a valid and registered C0A is subsisting, 5. C0A does not foster industrial peace
the 0$ is not allowed to hold an election because of schism
contesting the majority status of the incumbent 9. C0A was concluded in violation of an order
union. enjoining the parties from entering into a
C0A until the issue of representation is
E=CEPTIONS TO THE RLE! resolved.
&. 6here it is shown that because of a EFFECT OF AN INVALID AND

schism in the union the contract can no NREGISTERED CBA!
longer serve to promote industrial
stability, and the holding of the election - "hen there is no bar and therefore a
is in the interest of the employees right certification election may be held.
in the selection of their bargaining
representatives. NOTE! egistration of C0A only puts into effect
/. 0asic to the contract bar rule is the the contract-rule bar rule but the C0A itself is
proposition that the denial of the right to valid and binding even if unregistered.
shall terminate or modify such agreement

∗ SBSTITTIONARY DOCTRINE-- It during its lifetime.
means that where there occurs a shift in the - 8owever, either party can serve a
employees union allegiance after the eecution written notice %, %'5in*%' , 5,+i$4
of a collective bargaining contract with the %&' *6''5'n% *% /'*% 9 +*4 0i,
employer, the employees can change their %, i% '0i*%i,n 0'i,+.
agent F the labor union, but the collective
bargaining contract which is still subsisting, D,' %&' D%4 %, B*6*in C,//'3%i'/4 3*4
continues to bind the employees up to its i%& i% %&' +%4 %, *6'' %, * 0,0,*/ , %,
epiration date. "hey, may, however, bargain 5*:' * 3,n3'i,n
for the shortening of said epiration date.
NO. "he duty to bargain collectively does
∗ DEADLOCK F arises when there is an not compel any party
-
impasse which presupposes reasonable effort at - to
to agree
make atoconcession
a proposal or
good faith bargaining which, despite noble
intentions, did not conclude in agreement
between the parties. E=AMPLES OF BAD FAITH BARGAINING!
?RISDICTIONAL PRECONDITIONS OF &. S$*3' B*6*inin6 F occurs when

COLLECTIVE BARGAINING! (Ki,: L,4 C*') employer constantly changes its positions
over the agreement.
&. 3ossession of status of majority /. B,/*i5 F occurs
representation a. when the employer directly bargains
/. 3roof of majority representation with the employee disregarding the
1. Clear and uneuivocal demand to bargain union.
collectively b. 2mployer submits its proposals and
adopts a take it or
not negotiation leave it stand.
because "his
the take is
it or
DTY TO BARGAIN COLLECTIVELY-
leave it stand implies threat.
"he performance of a mutual obligation to meet 1. 4ide 0ar "echniue
and convene
- promptly and epeditiously and in good faith, DTIES OF THE PARTIES DRING THE 9-
for the purpose of negotiating an agreement with DAY PERIOD!
the respect to
- wages, &. to keep the status uo and
- hours of work and /. to continue in full force and effect and the
- all other terms and conditions of terms and conditions of the eisting
employment, including agreement during the 9>-day period andGor
- proposals for adjusting any until a new agreement is reached by the
grievances or uestions arising parties. *Art. /51
under such agreement and
- eecuting a contract incorporating
such agreements if reuested by − ART 28" @ A. TERMS OF A COLLECTIVE
either party.
BARGAINING AGREEMENT
- 6hen there is a collective bargaining DRATION OF THE CBA!
agreement, the ;7"E " 0A@AI%
C$2C"I<2$E shall mean that neither party
&. 6ith respect to the representation aspect
the same lasts for 5 years.
/. 6ith respect to other provisions, the same resolve the issue and there are no definite plans
shall last for a maimum period of 1 years for further efforts to break the deadlock
after eecution.
− ART 28#. NO IN?NCTION RLE
RLE ON RETROACTIVE EFFECTS OF
AGREEMENT PROVISIONS! %o temporary or permanent injunction pr
restraining order in any case in,/in6 ,
- Any agreement on such other provisions of 6,in6 ,% ,$ /*, +i0%' shall be issued
the C0A if made i%&in 9 5,n%& after the by any court or other entity, '3'0% as otherwise
date of epiry, there is ATOMATIC provided in Articles /&? and /9) of this Code.
RETROACTION to the day immediately
following such date of epiry. − ART 288. E=CLSIVE BARGAINING
REPRESENTATION AND WORKERS
- If n,% i%&in
*6'' %, %&' 9DATE
5,n%&;
OF %&' 0*%i' 5*4
RETROACTION. PARTICIPATION IN POLICY AND DECISION-
MAKING
"his rule applies only if there is an
2MI4"I%@ A@22+2%". IF THERE IS NO IN DETERMINING THE APPROPRIATE
E=ISTING AGREEMENT, there is no BARGAINING NIT THE FF. MST BE
retroactive effect because the date agreed CONSIDERED!
upon shall be the start of the period of
agreement. &. 6ill of employees
/. Affinity and unity of employees interest
TAKE NOTE! Article /51-A on retroaction does 1. 3rior collective bargaining history
not apply if the provisions were imposed by the ). 2mployment status, such as temporary,
4ecretary of $abor by virtue of arbitration. It seasonal and probationary employees.
applies only if the agreement was voluntarily
made by the parties. ∗
ONE-NION;
proliferation ONE-COMPANY
of unions POLICY-
in an employer unitthe
is
SCCESSOR-IN-INTEREST DOCTRINE discouraged as a matter of policy unless there
occurs when an employer is succeeded by are compelling reasons which would deny a
another employer, the successor-in-interest who certain class of employees the right to self-
is a buyer in good faith has no liability to organi#ation for purposes of collective
employees in continuing employment and bargaining.
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor E=CEPTIONS! supervisory employees who are
practice. allowed to form their own unions apart from the
rank-and-file employees
E=CEPTIONS TO THE SCCESSOR-IN-
INTEREST DOCTRINE! LABOR MANAGEMENT CONCILS deal with
the employer on matters affecting employees
&. If the transfer is done in bad faithB rights, benefits and welfare. "hey may be
/. If it was done to circumvent the obligation of formed even if there is already a union in the
the sellerB company.
1. If the successor epressly assumes the
obligations of the seller TITLE VII- A
(* in3,0,*%'+ 4 RA 9718)
∗ BARGAINING IMPASSE @ eists when good
faith bargaining on the part of the parties filed to GRIEVANCE MACHINERY AND VOLNTARY
ARBITRATION
GRONDS FOR ?DICIAL REVIEW OF

− ART 29. GRIEVANCE MACHINERY AND DECISIONS OF VOLNTARY
VOLNTARY ARBITRATION ARBITRATORS!
∗ GRIEVANCE MACHINERY - +echanism for &. $ack of jurisdiction

the adjustment of controversies or /. @rave abuse of discretion
disputes arising from the 1. <iolation of due process
interpretation or implementation of ). ;enial of substantial justice
the C0A and the interpretation or 5. 2rroneous interpretation of the law
enforcement of personnel policies
∗ GRIEVANCE ARISES! when a dispute or TITLE VIII

controversy arises over the implementation or STRIKES AND LOCKOTS AND FOREIGN
interpretation of a C0A or from the INVOLVEMENT IN TRADE NION ACTIVITIES
implementation or enforcement of company
personnel policies, and either the union or the CHAPTER I
employer invokes the grievance machinery STRIKES AND LOCKOTS
provision for the adjustment or resolution of such
dispute or controversy. − ART. 29". STRIKES; PICKETING AND
LOCKOTS
- both parties must resort to grievance
machinery ∗ STRIKE - Any temporary stoppage of work by
the concerted action of employees as a result of
− ART 291. ?RISDICTION OF VOLNTARY an industrial or labor dispute.
ARBITRATORS OR PANEL OF VOLNTARY
ARBITRATORS IMPORTANCE
?RISDICTION OF VOLNTARY - it is the most effective weapon of labor in

ARBITRATORS! protecting the rights of employees to
improve the stems and conditions of their
&. 2MC$74I<2 I@I%A$ 7I4;IC"I% employment.
C%D22; 0E $A6
a interpretation or implementation of the ∗ STRIKE-BREAKER- any person who
C0A obstructs, impedes or interferes by force,
b interpretation or enforcement of violence, coercion, threats or intimidation with
company personnel polices any peaceful picketing by employees during any
labor controversy affecting wages, hour or
- It is the labor arbiter and not the grievance conditions of work or in the eercise of the right
machinery which has jurisdiction over to self organi#ation or collective bargaining
dismissal
clause. pursuant to the union security ∗ STRIKE AREA F the establishment,
warehouse, depots, plants or offices, including
/. 7I4;IC"I% 0E A@22+2%" D "82 the sites or premises used as runaway shops of
3A"I24 the employer struck against, as well as the
- voluntary arbitrators shall also hear and immediate vicinity actually used by picketing
decide all other disputes including 7$3 and strikers in moving to an fro before all points of
bargaining deadlocks. entrance to and eit front said establishment
∗ LOCKOT - means the temporary refusal of ∗ PICKETING - is the marching to and fro the
an employer to furnish work as a result of an employers premises, usually accompanied by
industrial or labor dispute. the display of placards and other signs making
knowing the facts involved in a labor dispute.
∗ GRONDS FOR THE DECLARATION OF "his is an eercise of ones freedom of speech.
STRIKE
ECONOMIC LP STRIKE
&. deadlock in collective bargainingB andGor STRIKE
/. unfair labor practices
&. <oluntary strike &. Involuntary =
WHO CAN DECLARE ECONOMIC because the labor
(B*6*inin6 D'*+/,3:) STRIKE! employee will organi#ation is
declare strike to forced to go on
&. Collective bargaining agent compel strike because
management to the 7$3
WHO CAN DECLARE POLITICAL (LP) grant its committed
STRIKE! demands. against them by
the employer. It
&. collective bargaining agent is an act of self-
/. $egitimate labor organi#ation in behalf of defense since
members the employees
are being
∗ SIT-DOWN STRIKE - is characteri#ed by a pushed to the
wall and their
temporary work stoppage of workers who
only remedy is to
thereupon sei#e or occupy property of the
strike.
employer or refuse to vacate the premises of the
employer.
I * i%-+,n %i:' /'6*/ ∗ COOLING @OFF PERIOD - that period of time
NO. It borders to a criminal act because given the %C+0 to mediate and conciliate the
the employees trespass on the premises of the parties.
employer.
- It is that span of time allotted by law for the
∗ WILDCAT STRIKE- is a work stoppage that parties to settle their disputes in a peaceful
violates the labor contract and is not authori#ed manner, before staging a strike or lockout.
by the union.
NMBER OF DAYS IN THE COOLING OFF
I * i/+3*% %i:' */i+ PERIOD!
NO. It is not valid because it fails to
&. If the ground for the intended strike or
comply with certain reuirements of the law, to lockout is DEADLOCK IN COLLECTIVE
wit, notice of strike, vote, and report on strike
vote. BARGAINING, the cooling-off period is "
+*4 from the filing of the notice of strike.
I * '/6* n6 *4*n /'6*/ /. If the ground for the intended strikes is
NO. A Nwelga ng bayanH is illegal NFAIR LABOR PRACTICE, the cooling-off
because it is a political strike and therefore there period is 18 +*4 from the filing of the notice
is no bargaining deadlock nor any 7$3. It is a of strike. "herefore=
political rally.
- 862<2, in case of dismissal from

employment of union officers duly in &. 6hether or not is has a /*$/ PRPOSE.
accordance with the union constitution and /. 6hether or not is complies with the
by-laws, which may constitute union busting PROCEDRAL REIREMENTS OF THE
where the eistence of the union is LAW, to wit F
threatened, the &5-day cooling-off period - notice of strike
shall %" apply A%; the union may take - 1>G&5-day cooling-off period
action immediately. - strike vote
- (-day strike ban
- the 3,,/in6 ,$$ 0'i,+ *n+ ''n-+*4 1. 6hether or not it is eecuted through
%i:' *n i 5*n+*%,4 otherwise the LAWFL MEANS.
purposes for which they have been imposed
would not be achieved - NOTE! T&' " %'% 5% 3,n3.
E=CEPTION TO THE COOLING-OFF ∗ EFFECT OF GOOD FAITH OF STRIKERS

PERIOD! ON LEGALITY OF STRIKE!
- A strike may be considered legal where the
- In case of dismissal from employment of union believed that the company committed
union officers duly elected in accordance 7$3 and the circumstances warranted such
with the union constitution and by-laws, belief in good faith, although subseuently
which may constitute union busting where such allegations of 7$3 are found out as not
the eistence of the union is threatened, he true.
&5-day cooling-off period shall %" apply
A%; %&' ni,n 5*4 %*:' *3%i,n
i55'+i*%'/4 but they must still observe the WHEN CAN THE SEC. OF LABOR ASSME
mandatory ( day period before they can ?RISDICTION OVER A STRIKE
stage a valid strike.
&. there eists a labor dispute causing or likely
∗ STRIKE VOTE - is a reuirement wherein the to cause a strike or lockout in a industry
decision to declare a strike must be= indispensable to the national interest,
/. the 4ecretary of $abor and 2mployment
&. approved by a majority of the total union may assume jurisdiction and 2I"82=
membership in the bargaining unit
concerned, - decide it or
/. obtained by secret ballot - certify the same to the Commission for
1. in meetings or referenda called for the C+37$4E A0I"A"I%.
purpose.
INDISPENSABLE INDSTRY is based solely
PRPOSE OF A STRIKE VOTE - is to ensure upon the discretion of the 4ecretary of $abor
that the intended strike is a majority decision.
EFFECTS OF THE ASSMPTION OF
∗ W&'n &,/+ %&' %i:' ,%' ' 5i%%'+ ?RISDICTION OF THE SECRETARY
"he report on the strike vote must be 6. *%,5*%i3*//4 'n,inin6 the intended or
submitted to the ;$2 at least ( days before impending strike or lockout as specified in
the intended strike subject to the cooling-off the assumption or certification order.
period. 1. if one has already taken place at the time of
assumption or certification, all striking or
TESTS FOR THE LEGALITY OF A STRIKE!
locked out employees shall i55'+i*%'/4 . T,'; 2 ?n' 1"B reiterated in PAL
'%n %, ,: and . C,n$',; 1 M*3& 1#).
7. the employer shall immediately resume
operations and '*+5i% *// ,:' under TESTS TO DETERMINE VALIDITY OF
the same terms and conditions prevailing STRIKES.
before the strike or lockout.
2. A motion for reconsideration does not &. PRPOSE TEST - "he strike must be due
suspend the effects as the assumption order to either
is immediately eecutory. - -bargaining deadlock andGor
- -unfair labor practice.
TOTALITY DOCTRINE!
/. MEANS EMPLOYED TEST- -A strike may
NV the culpability of an employers remarks be legal at its inception but eventually be
were
their to be evaluated
implicit not onlybut
implications, on were
the basis of
to be declared illegal
by violence if the
which strike isisaccompanied
violence widespread,
appraised against the background of and in pervasive and adopted as a matter of policy
conjunction with collateral circumstances. and not merely violence which is sporadic
which normally occur in a strike area.
- n+' %&i +,3%in' epressions of
opinion by an employer which, though ". IN ACCORDANCE WITH PROCEDRAL 
innocent in themselves, freuently were held SBSTANTIVE REIREMENTS OF LAW
to be culpable because
- of the circumstances under which they In C*' %&' %i:' i +'3/*'+ /'6*/; *'
were uttered, %&' %i:' 'n%i%/'+ %, %i:' +*%i,n 0*4
- -the history of the particular employers IT DEPENDS.
labor relations of anti-union bias or
- -because of their connection with an
established collateral plan of coercion or 1. If
NO,it isthe
an E3,n,5i3
strikers areS%i:'
%" entitled to strike
interference.H *othenberg duration pay since the employer should get the
euivalent days work for what the pays his
ISSES THAT THE SECRETARY OF LABOR employees.
CAN RESOLVE WHEN HE ASSMES
?RISDICTION OVER A LABOR DISPTE! 2. If it is a LP S%i:'
6ould depend on the authority deciding
1. nly issues submitted to the 4ecretary may (+i3'%i,n*4).
be resolved by him. (PAL . S'3. ,$
L*,; 2" ?*n*4 11) GENERAL RLE!
2. Issues submitted to the 4ecretary for - 4trikers are not entitled to their wages
resolution and such issues involved in the during the period of a strike, ''n i$ %&'
labor dispute itself. (S%. S3&,/*%i3* %i:' i /'6*/.
C,//'6' . T,'; 2 ?n' 12)
". 4ecretary of $abor may subsume pending E=CEPTIONS!
labor cases before $abor Arbiters which are
involved in the dispute. (In%/ &. 6here the strikers voluntarily and
P&*5*3'%i3*/ . S'3 ,$ L*,;  unconditionally offered to return to work,
?*n*4 12). but the employer refused to accept the
#. 3ower of 4ec. of $abor is plenary and offer.
discretionary. (S%. L:' M'+i3*/ C'n%' - -"hey are entitled to backwages from
the date the offer was made
- -e.g. of 7nconditioned offer= Nwe will

return tomorrowH and %" Nwilling to b % person all obstruct, impede or interfere
return providedVH with II by force, violence, coercion, threats or
intimidation D<C"I
/. 6here there is return-to-work and the - any peaceful picketing by
employees are discriminated against. employees
- -"hey are entitled to backwages - during any labor controversy or
from the date of discrimination. in the eercise of the right of self-
organi#ation or collective bargaining
∗ RLES IN STRIKES IN HOSPITALS or shall aid or abet such obstruction
or interference.
&. It shall be the duty of striking employees or
locking-out employer to provide and maintain an c % employer shall use or employ any
effective skeletal workforce

health personnel of medical
for the duration of theand other
strike or 4"I2-02A2
- nor shall any person be employed as a
lock-out. strike-breaker.
/. 4ecretary of $abor may immediately assume
jurisdiction within /) hours from knowledge of d % public official or employee, including
the occurrence of such strike or lock-out or officers and personnel of the %ew Armed Dorces
certify it to the Commission for compulsory of the 3hilippines of the Integrated %ational
arbitration 3olice, or armed persons,
- shall bring in, introduce or escort
GOCCs organi#ed under the Corporation Code in any manner,
with no original charter of its - any individual who seeks to replace
own can declare a strike. strikes in entering or leaving the
premises of a strike area, or work in
∗ ART 29#. PROHIBITED ACTIVITIES place of the strikers.
- "he police force shall keep out of
&. % labor organi#ation or employer shall the picket lines unless actual
declare a strike or lockout violence or other criminal acts occur
- without first having bargained therein=
collectively in accordance with "itle Pro'ided , "hat nothing herein shall be
<II of this 0ook or interpreted to prevent any public officers from
- without first having filed the notice taking any measure necessary to=
reuired in the preceding Article or - maintain peace and order,
without the necessary strike or - protect life and property, andGor
lockout vote first having been - enforce the law and legal order.
obtained and reported to the
;epartment. e % person engaged in picketing shall
- commit any act of violence, coercion
- % strike or lockout shall be declared= or intimidation or
a. AD"2 assumption of jurisdiction by - obstruct the free ingress to or
the 3resident or the 4ecretary or egress from the employers
b. AD"2 certification or submission of premises for lawful purposes, or
the dispute to compulsory or - obstruct public thoroughfares.
voluntary arbitration or
-;7I%@ the pendency of cases ∗ RLES ON REINSTATEMENT OF
involving the same grounds for the strike or WORKERS!
lockout.
GENERAL RLE 8 4triking - applies only to economic strike

employees are entitled to reinstatement,
regardless of whether or not the strike was the − ART 299. ARREST AND DETENTION
conseuences of the employers 7$3
∗ G'n'*/ /' is that a police officer cannot
REASON= because while out of arrest or detain a union member for union
strike, the strikers are not considered to have activities without previous consultations with the
4ecretary of $abor '3'0% on grounds of=
a. national security
abandoned their employment, but rather have b. public peace
only ceased from their labor. c. commission of a crime
- -"he declaration of a strike is %" a
renunciation of employment relation.
E=CEPTIONS= "he following strikers are BOOK SI=

POST EMPLOYMENT
%" entitled to reinstatement=
&. union officers who knowingly TITLE I
participates in an illegal strikeB TERMINATION
and OF
/. any strikerGunion member who EMPLOYMENT
knowingly participate in the
commission of illegal acts during − ART 27. SECRITY OF TENRE
the strike.
∗ SECRITY OF TENRE is the constitutional
right granted the employee, that the employer
shall not terminate the services of an employee
ecept for just cause or when authori#ed by law.
− ART 298. IMPROVED OFFER BALLOTING
An employee that has been dismissed illegally is
entitled to=
∗ IMPROVED OFFER BALLOTING! a a. einstatement
referendum conducted by the %C+0 on or b. 0ackwages
before the 1>th day of the strike, for the purpose
of determining whether or not the improved offer
of the union is acceptable to the union members.
- applies only to economic strikes *bargaining
deadlock
− ART 2. REGLAR AND CASAL
PRPOSE= to ascertain the real sentiment EMPLOYMENT
of the silent majority of the union members
on strike.
∗ REGLAR EMPLOYMENT- ne wherein an
employee is engaged to perform activities which
∗ REDCED OFFER BALLOTTING
are usually necessary or desirable in the usual
business or trade of the employer.
- a referendum conducted by the %C+0,
- for the purpose of determining whether or
∗ TEMPORARY EMPLOYMENT-ne wherein
not the reduced offer of the union is
an employee is engaged to work on a specific
acceptable to the board of directors, trustees
project or undertaking which is usually
or partners.
necessary or desirable in the usual business or
trade of the employer, the completion of which

has been determined at the time of the ∗ ?ST CASES!
agreement of the employee.
&. 4erious misconduct or willful disobedience
− SEASONAL EMPLOYMENT-ne wherein by the employee of the lawful orders of his
an employee is engaged to work during a employer or representative in connection
particular season on an activity that is with his workB
usually necessary or desirable in the usual /. @ross and habitual neglect by the employee
business or trade of the employer. of his dutiesB
1. Draud or willful breach by the employee of
− PROBATIONARY PERIOD OF the trust reposed in him by his employer or
EMPLOYMENT - the period needed to duly organi#ed representativeB
determine the fitness for the job, i .e., the ). Commission of a crime or offense by the
time needed to learn the job. employee
employer oragainst the person
any immediate memberofof his
his
It is period during which the employer
may determine if the employee is ualified for family or his duly authori#ed representativeB
possible inclusion in the regular force. and
5. ther causes analogous to the following=
∗NOTE="he standard which the probationary
employee is to meet must be made known by − ART. 2"- 2#
the employer to the employee at the time of the
engagement. ATHORI>ED CASES OF TERMINATION
BY THE EMPLOYER!
∗3robationary employees may be terminated for
the same causes as a regular employee, ecept &. "he installation of labor-saving devices
that there is an additional ground F failure to *automation
meet the standard. /. edundancy
of a particular*superfluity
work in the performance
∗ Is it necessary that probationary employment 1. edundancy to prevent losses *there is
be for a period of 9 monthsW ecess of employees and employer wants to
%o. 3rovided that the following prevent financial losses
reuisites concur= ). "he closing or cessation of operation of the
&. it is done before the lapse of 9 establishment or undertaking 7%$244 the
monthsB closing is for the purpose of circumventing
/.employee must be advised of such etensionB the provisions of the $abor Code.
1. employee must agree. 5. Illness
a. If illness is incurable within 9 months
∗ EFFECT IF PROBATIONARY EMPLOYEE IS and is
ALLOWED TO WORK BEYOND 9 MONTHS! b. deleterious to his health or his co-
employees.
If the probationary employee is allowed c. certification from public heath officer
to work beyond the period of 9 months or the that illness is incurable within 9
agreed probationary period, said employee months.
become a regular employee by operation of law.
7nder the $abor Code, Nan employee ∗ STANDARDS NDER WHICH AN
who is allowed to work after a probationary EMPLOYER MAY RETRENCH!
period shall be considered a regular employee.H
*Art. /?&. &. $osses epected should be imminent and
− ART. 22. TERMINATION BY EMPOYER
substantial.
/.It must be reasonably necessary and likely to c 2"2%C8+2%" " 32<2%" $4424
effectively prevent the epected losses and C$4724  C244A"I% D
1. Alleged losses if already incurred, and the 32A"I%4 *%" due to serious
epected imminent losses sought to be business losses or financial reverses
forestalled, must be proved by sufficient and - "he separation pay shall be euivalent to
convincing evidence. one *& month pay or at least X month pay
for every year of service, whichever is
− ART. 28. TERMINATION BY EMPLOYEE higher.
d In the case of I$$%244
∗ TERMINATION BY THE EMPLOYEE - separation pay euivalent to at least one
An employee may terminate 6I"87" month salary or to X month salary for every
74" CA742 the employee-employer year of service, whichever is greater, a
relationship by serving a WRITTEN NOTICE on fraction of at least 9 months shall be
the employer at least one month in advance. . considered one *& whole year.
"he employer upon whom no such
notice was served may hold the employee liable NOTE= If C$472 is due to severe financial
for damages. losses, it is still debatable whether or not
An employee may put an end to separation pay should be given.
establish WITHOT SERVING ANY NOTICE on - I f you are able to prove that such portion of
the employer for any of the following % capital *&>J investment has been impaired,
3*'! the employer should be eempt for the
payment of separation pay.
&. 4erious insult by the employer or his
representative on the hour and person of the GIDELINES TO DETERMINE THE
employeeB VALIDITY OF TERMINATION!
/. Inhuman and unbearable treatment &. @ravity of the offence
/. 3osition occupied by the employee
accorded the employee by the employer or
his representativeB 1. ;egree of damage to the employer
1. Commission of a crime or offense by the ). 3revious infractions of the same offense
employer or his representative against the 5. $ength of service
person of the employee or any of the
immediate members of his familyB and − ART 27. RETIREMENT
). ther causes analogous to any of the
foregoing. ∗ RETIREMENT AGE $"he age of retirement is
that specified in the C0A or in the employment
SEPARATION PAY contract. If it is not specified,
&. 9>-95 -retirement is optional
In case of termination due to but the employee must have
served at least 5 years B
a "82 I%4"A$$A"I% D $A0-4A<I%@
;2<IC24 D /. 95-compulsory retirement age
b 2;7%;A%CE, *no need for 5 years of
- the worker affected thereby shall be entitled service
to a separation pay euivalent to at least
one *& month pay or to at least one *& ∗ BENEFITS- A retiree is entitled to a
month pay for every year of service, retirement pay euivalent at least X month
whichever is higher. salary for every year of service, a fraction of at
least si *9 months being considered as one
whole year.
7nless the parties provide for broader &. ACTAL OR PHYSICAL REINSTATEMENT
inclusions, the term None half *&G/ monthH salary -the employee shall be admitted back to
shall mean= workB
• &5 days plus &G&/ of the &1th month
pay and /. PAYROLL REINSTATEMENT
• the cash euivalent of %" more - the employee is merely reinstated in
than 5 days of service incentive the payroll.
leaves.
*//.5 days per year of service ∗ PERIOD COVERED BY THE PAYMENT OF
BACKWAGES! 0ackwages shall cover the
∗ NOTE= 2empted from the payment of period from the date of dismissal of the
retirement pay are retail, service and agricultural employee up to the date of actual
establishments or operations employing %" reinstatement.
more than ten *&> employees or workers.
∗ SECRITY OF TENRE! An employer
CA%%" terminate the services of an employee
BOOK SEVEN 2MC23" for a just cause or when authori#ed by
TRANSITORY AND FINAL PROVISIONS law.
TITLE II ∗ REIREMENTS OF DE PROCESS

PRESCRIPTION OF OFFENSES AND CLAIMS BEFORE AN EMPLOYEE CAN BE REMOVED!
− ART. 21. MONEY CLAIMS &. written notice to apprise the employee of the
particular acts or omission for which his
∗ PERIODS OF PRESCRIPTION dismissal is sought and is hereby
considered as the proper chargeB
A. MONEY CLAIMS-"he prescriptive period is /. ample opportunity
heard and to be employee
if the employee to with
so decides, be
1 years from the accrual of the cause of
action. the assistance of counselB and
0. LP -"he prescriptive period of filing a case 1. written notice informing the employee of the
for 7$3 is & year from the accrual of the employers decision to dismiss him.
cause of action.
7nder the so-called WENPHIL
∗ ILLEGAL DISMISSAL DOCTRINEH if just or authori#ed cause eist but
"he prescriptive period of filing a case the affected employees right to due process has
for illegal dismissal is ) years from the accrual of been violated, the dismissal is valid but the
the cause of action. *Art. &&)9 employee is entitled to damages by way of
indemnification for the violation of the right.
NOTE= "he period of prescription mentioned n an. /(, />>>, the 4C in the case of
SERRANO . ISETANN '%. */. ;isregarded
under Article /?&, now Article /'/, of the $abor this 62%38I$ ;C"I%2 and ruled that if the
Code, refers to and Nis limited to money claims,
all other cases of injury to rights of a employees right to due process is violated, his
workingman being governed by the Civil Code. dismissal becomes illegal regardless of the
8ence, reinstatement prescribes in ) years. eistence of a just and authori#ed cause.
POST- EMPLOYMENT ∗ REINSTATEMENT 8 Restoration of the

employee to state from which one has been
∗ FORMS OF REINSTATEMENT= removed or separated without loss of seniority
rights and other privileges.
∗BACKWAGES-elief given to an employee to

∗ WHAT HAPPENS IF THERE IS AN ORDER compensate him for lost earnings during the
OF REINSTATEMENT BT THE POSITION IS period of his dismissal.
NO LONGER AVAILABLE If the position
previously occupied by the employee is no H, 3,50%'+! 7nder eisting law,
longer available at the time of reinstatement, he backwages is computed from the time of the
should be given a substantially euivalent illegal dismissal up to time of actual
position. reinstatement.
∗ I$ THERE IS NO SBSTANTIALLY − WHAT ARE INCLDED IN THE

EIVALENT POSITION! If no substantially COMPTATION OF BACKWAGES
euivalent position is available, reinstatement
should not be ordered because that would in &. transportation and emergency allowances
effect compel the employer to do the impossible. /. vacation or service incentive leave and sick
In such a situation, the employee should merely leave
be given separation pay of the one month salary 1. &1th month pay.
for every year of service *&=&. 8owever, facilities such as uniforms, shoes,
helmets and ponchos should %" be included
∗ CIRCMSTANCES WHEN COMPANY MAY in the computation of backwages.
NOT REINSTATE DESPITE ORDER OF
REINSTATEMENT REASON= said items are given free, to
be used only during official tour of duty not for
&. "ransfer of business ownershipB- "here private or personal use.
is no law reuiring a purchasing corporation to
absorb the employees of the selling corporation. ∗ CIRCMSTANCES THAT PREVENT AWARD
A fortiori, reinstatement of unjustly dismissed OF BACKWAGES!
employees
new ownerCA%%"7%$244bethere enforced
is anagainst the
epress &. death of the employee
agreement on the assumption of liabilities by /. physical and mental incapacity
the purchasing corporation. 1. business reverses
/. 6hen reinstatement is rendered impossible ). closure of business
due to the abolition of the positionB 5. reinstatement of dismissed employee
1. 6hen the business has closed downB 9. confinement in jail
). 3hysical incapacity of employee
5. ;octrine of 4trained elations-6hen the SPECIAL LAWS
employer can no longer trust the employee
and vice-versa, reinstatement could not SOCIAL SECRITY SYSTEM
effectively serve as a remedy. Applies only
to positions which reuire trust and ∗ COVERAGE!
confidenceB or
7nder the circumstances where the Compulsory
over 9> years upon
of age and theirallemployers
employees not
employment relationship has become so In case of domestic &'/0', their
strained to preclude a harmonious working monthly income shall not be less than one
relationship, and that all hopes at reconciliation thousand pesos
are nil after reinstatement, it would be more Any benefit already earned by the
beneficial to accord the employee backwages employees under private benefit plans eisting
and separation pay. at the time of the approval of the Act shall not be
discontinued, reduced or otherwise impaired and
shall continue to remain under the employers
management unless there is an eisting @overnment and any of its political

agreement to the contrary subdivisions, branches or
Dilipinos recruited by foreign based instrumentalities, including corporations
employers for employment abroad may be owned or controlled by the @overnment
covered by the 444 on a voluntary basis 4elf- employed person shall be both the
Compulsory upon such self- employed employer and employee at the same
persons as may be determined by the time.
Commission including but not limited to the
following= ∗ EMPLOYEE
&. all self employed professionals
/. partners and single proprietors Any person who performs
1. actors and actresses directors services for an employer in which either
). professional athletes, coaches, or both mental and physical efforts are
trainers farmers and fishermen
5. individual used and services,
for such who receives
wherecompensation
there is an
employer- employee relationship.
∗ EFFECTIVE DATE OF COVERAGE!
4hall take effect on the first day ∗ BENEFICIARIES

of the operation with respect to the
employer and that of the employee on "he dependent spouse until he or she
the day of his employment remarries, the dependent legitimate,
legitimated or legally adopted and
∗ DEPENDENTS! illegitimate children who shall be the
primary beneficiaries of the member,
&. the legal spouse entitled by law to 3<I;2; that the dependent
/. receive supportlegitimated
the legitimate, from the member
or legally illegitimate
5>J of thechildren
share shall be entitled
of the to
legitimate,
adopted and illegitimate child who is legitimated or legally adopted children
unmarried, not gainfully employed In the absence of the
and has not reached /& years of legitimated, legally adopted or legitimate
age or if /& years of age, he is children, illegitimate children shall be
congenitally incapacitated or while entitled to &>>J of the benefits.
still a minor has been permanently In their absence, the dependent
incapacitated and incapable of self- parents who shall be the secondary
support, physically and mentally and beneficiaries.
1. the parent who is receiving regular In the absence of all of the
support from the member foregoing, any person designated by the
covered employee as secondary
∗ EMPLOYER beneficiary
Any person natural or juridical, MEDICARE

domestic or foreign, who carries on in
the 3hilippines, any trade business, ∗ COVERAGE!
industry undertaking or activity of any All 444 members are covered under the
kind and uses the services of another +edicare program. "otal 0'5*n'n% disability,
person who is under his orders as unemployed partial permanent disability,
regards the employment ecept the retirement pensioners and survivors of
deceased members of the 444 and their corresponding benefits have been awarded shall
dependents are also entitled to medical care be ecluded in the computation of service in
benefits without need of additional contributions case of reinstatement in the service of an
employer and subseuent retirement or
∗ PERIOD OF ENTITLEMENT separation which is compensable.
"he member or pensioner is entitled to a

maimum of )5 days confinement in a hospital ∗ NEMPLOYMENT OR INVOLNTARY
in a given calendar year. 8is dependents are SEPARATION BENEFITS
given another set of )5 days to be shared
among themselves. 7nused benefits cannot be +onthly cash payments euivalent to
carried over to the succeeding year. 5>J of the average monthly compensation shall
be paid to a permanent employee who is
GOVERNMENTSYSTEM
SERVICE INSRANCE involuntarily
the abolition separated
of his officefrom the service
or position due to
usually
resulting from reorgani#ation.
∗ COMPLSORY MEMBERSHIP
∗ RETIREMENT BENEFITS! CONDITIONS
Compulsory for all employees receiving FOR ENTITLEMENT
compensation who have not reached the
compulsory retirement age, irrespective of &. +ember has rendered at least &5
employment status, ecept members of the years of service
Armed Dorces and the 3%3, subject to the /. 8e is at least 9> years of age at the
condition that they must settle first their financial time of retirement
obligations with the @4I4 and contractuals who 1. 8e is not receiving a monthly
have no employer and employee relationship pension benefit from permanent
with the agencies they serve. total disability

2cept for the members of the udiciary ∗ PERMANENT DISABILITY BENEFITS
and constitutional commissions who shall have
life insurance only, all members of the @4I4 +onthly income benefit for life eual to
shall have life insurance, retirement and all other the basic monthly pension effective from the
social security protection such as disability, date of the disability. 3rovided=
survivorship, separation and unemployment
benefits. &. 8e is in the service at the time of the
disability
/. If separated from service, he has
∗ COMPTATION OF SERVICE paid at least 19 monthly
contributions within the 5 year
"he computation of service for the period immediately preceding the
purpose of determining the amount of benefits disability or has paid a total of at
payable shall be from the date of the original least &?> monthly contributions prior
appointmentG election including periods of to the disability
service at different times under the authority of
the epublic of the 3hilippines and those that 7nless the member has reached the
may be prescribed by the @4I4 in coordination minimum retirement age, disability benefits shall
with the Civil 4ervice Commission. be SSPENDED when=
All service credited for retirement,
resignation or separation for which &. he is reemployed
/. he recovers from his All employees ecept members of the

disability as determined by AD3 and the 3%3 shall be compulsorily covered
the @4I4, whose decision with life insurance.
shall be final and binding
1. he fails to present himself ∗ PRESCRIPTION OF CLAIMS
for medical eamination
when reuired by the @4I4 Claims for benefits under the Act ecept
for life and retirement shall prescribe after )
∗ TEMPORARY DISABILITY BENEFITS years from the date of the contingency.
∗ ?RISDICTION
(5J of the current daily compensation
for each day or fraction thereof of temporary @4I4 shall have the eclusive and
disability benefit not eceeding &/> days in one original jurisdiction to settle any dispute arising
calendar
credits andyear after ehausting
collective all sick leave
bargaining agreement sick under the Act and any other laws administered
by the @4I4.
leave benefits. 3<I;2;=
&. he is in service at the time of his
disability RA #2! MIGRANT WORKERS AND
/. if separated, he has rendered at OVERSEAS FILIPINOS ACT F 18
least 1 years of service and has
paid at least 9 monthly contributions Approved on >( une &''5 and took
in the &/- month period immediately effect on &5 uly &''5. As indicated in its title,
preceding the disability the law institutes the policies of overseas
employment and establishes a higher standard
862<2= of protection and promotion of the welfare of
A member cannot enjoy migrant workers, their families, and of overseas
temporary total disability benefit and sick leave
pay simultaneously. Dilipinos in distress.
In no case shall it be less than ∗ GARANTEE OF PROTECTION FOR
(> pesos a day. OVERSEAS WORKERS
∗ SRVIVORSHIP BENEFITS! "he 4tate shall deploy overseas Dilipino

workers only in countries where the rights of
7pon the death of a member, the
primary beneficiaries shall be entitled to= Dilipino migrant workers are protected. "he
survivorship pension, 3<I;2;= government recogni#es any of the following as a
a. member was in service at the time of his guarantee for the protection of the receiving
death country of the rights of overseas Dilipino
b. if separated from service, has rendered workers=
at least 1 years of service and paid 19
monthly contributions with the 5- year &. It has eisting labor and social laws
period immediately preceding his death protecting the rights of migrant
or has paid a total of at least &?> workersB
monthly contributions. /. It is a signatory to multilateral
conventions, declarations or
∗ LIFE INSRANCE BENEFITS resolutions relating to the protection
of migrant workersB
1. It has concluded a bilateral
agreement or arrangement with the
government protecting the rights of

overseas Dilipino workersB and, &. all cases which are administrative in
). It is taking positive, concrete character, involving or arising out of
measures to protect the rights of violations of rules and regulations relating to
migrant workers. licensing and registration of recruitment and
employment agencies or entitiesB and,
∗ ?RISDICTION /. disciplinary action cases and other special
cases which are administrative in character,
- NLRC involving employers, principals, contracting
partners and Dilipino migrant workers.
A ?>)/ has transferred to the %$C
the jurisdiction over employer-employee cases T&'' M,n%&Q P*4 n+' RA #2
&. Mone# Claims.-, the La4or Ar4i"ers
o* "he Na"ional
0NLRC3 La4or
shall have the Rela"ions Commission
oriinal and e5clusi'e occured"he date then
is material. employment
or after &5 termination
uly &''5,
&urisdic"ion to hear and decide, the claims arising the law to apply is A ?>)/.
out of an emplo#er$emplo#ee rela"ionship or by 7nder !ec"ion 67 o* RA 879 , a worker
virtue of any law or contract involving Dilipino dismissed from overseas employment without
workers for overseas deployment including just, valid or authori#ed cause as defined by law
claims for actual, moral, eemplary and other or contract, is entitled to the full reimbursement
forms of damages. of his placement fee with interest at twelve
percent *&/J per annum, plus his salary for the
∗ LIABILITIES unepired portion of his employment contract or
for three *1 months for every year of the
"he liability of the principalGemployer unepired term, whichever is LE!!.
and the recruitmentGplacement agency for any
VENE
and
and all claims
se'eral under
. "he this section
performance shall
bond to be
be &oin"
filed
by the recruitmentGplacement agency, as A criminal action arising from illegal
provided by law, shall be answerable for all recruitment shall be filed with the "C of the
money claims, or damages that may be awarded province or city where the offense was
to the workers. If the recruitmentGplacement committed or where the offended party actually
agency is a juridical being, the corporate officers resides at the time of the commission of the
and directors and partners as the case may be, offense. "he court where the criminal action is
shall themselves be jointly and solidarily liable first filed shall acuire jurisdiction to the
with the corporation or partnership for the eclusion of other courts.
aforesaid claims and damages.
∗ PRESCRIPTIVE PERIODS
4uch liabilities shall continue during the entire
period or duration of the employment contract Illegal recruitment cases under this Act
and shall not be affected by any substitution, shall prescribe in five *5 yearsB provided,
amendment or modification made locally or in a however, "hat illegal recruitment cases involving
foreign country of the said contract. economic sabotage as defined herein shall
prescribe in twenty */> years. (S'3. 12; R.A.
POEA #2)
"he 32A retains original and eclusive PROHIBITED ACTS IN THE RECRITMENT
jurisdiction to hear and decide= AND PLACEMENT OF WORKERS NDER
THE LABOR CODE ARE RETAINED NDER organi#ation of rank and file government
THE MIGRANT WORKERS ACT WITH THE employees.
ADDITION OF THE FOLLOWING!
∗ PROTECTION OF THE RIGHT TO
&. Dailure to deploy employee without valid ORGANI>E
reason
/. Dailure to reimburse epenses incurred in &. @overnment employees shall not be
connection with his documentation and discriminated against in respect of
processing in cases that deployment did not their employment by reason of their
take place membership in employees
organi#ation or participation in the
∗ DIFFERENT FNDS CREATED NDER THE normal activities of the organi#ation.
LAW! /. @overnment authorities shall not
&. epatriation fund interfere

functioning in or theadministration
establishment,
of
/. $oan @uaranty fund government employees
1. $egal Assistance fund organi#ation through acts designed
). Congressional +igrant 6orkers 4cholarship to place such organi#ation under the
fund control of the government authority
∗ GOVERNMENT AGENCIES MOBILI>ED! ∗ REGISTRATION
&. ;DA - @overnment employees

/. ;$2 organi#ation shall register with the Civil
1. 32A 4ervice A%; the ;epartment of $abor
). 66A and 2mployment .
∗ GIDELINES ON THE RIGHT TO ORGANI>E

OF GOVERNMENT EMPLOYEES (E. O. 1) 1" TH MONTH PAY LAW
(P.D. 81)
COVERAGE
-Applies to all employees of all ∗ WHO ARE E=CLDED FROM
branches, subdivisions, instrumentalities and COVERAGE!
agencies of the government, including
government- owned or controlled corporations &. government employees
6I"8 original charters /. employees already receiving &1th month pay
All government employees can form, 1. household helpers
join or assist employees organi#ations of their ). employees paid purely on commission basis
own choosing for the furtherance and protection
of their interest. "hey can also form in
conjunction with appropriate government ∗ WHAT CAN BE CONSIDERED AS 1"TH
authorities, labor- management committees, MONTH PAY!
works councils and other forms of workers
participation schemes to achieve the same &. Christmas bonus
objectives. /. +idyear bonuses
8igh- level employees whose functions 1. Cash bonuses
are normally considered as policy- making or
managerial or whose duties are of a highly
confidential nature shall not be eligible to join the
=. SOCIAL WELFARE LEGISLATION

COMPARATIVE CHART
SSS (RA 1191)) GSIS (RA 21 ECC

"o establish, develop, promote and
STATEMENT
perfect a sound and viable ta eempt
OF POLICIES social security system suitable to the
needs of the people which shall provide
employees and their beneficiaries
protection against the ha#ards of
disability, sickness, old

other contingencies age, death
resulting and
in loss of
income or financial burden.
EMPLOYER 2mployers in private sector All government agencies All employers *priv
and instrumentalities ,
including @CCs
COVERAGE
COMPLSOR &. 2mployees not over 9> years of age &. Compulsory for all  Any person co
Y and their employers. employees receiving @4I4 or 444
/. /. ;omestic helpers whose compensation who have  Any person em
monthly
3&,>>>.>>.income is not less than not reached
retirement compulsory
age emergency,
contractual tem
1. 4elf-employed persons as irrespective of
determined by the Commission = a employment status.
self-employed professionalsB b
partners and single proprietorsB c YIncluding barangay and
actors and actresses, directors, etcB sanggunian officials
d professional athletes, coaches,
trainers, etc. and e individual
farmers and fishermen.
&. 4pouses who devote full time to

VOLNTARY managing of household and family
affairs, 7%$244 they are also
engaged in other vocation or
employment which is subject to
+A%;A"E coverage.
/. /. Dilipinos recruited by foreign-
based employers for employment
abroad.
1. 2mployees separated from
employment by paying ""A$
contribution *meaning = both
employer and employees share

BY-
ARRANGEME Any foreign government, international
NT organi#ation or their wholly owned
instrumentality +A" enter into
agreement for the inclusion of their
employees 2MC23" those covered by
their own respective civil service
retirement systems.
&. AD3
E=EMPTED &. purely CA47A$ and not for purpose /. 3%3
or occupation of the employer. 1. Contractuals who have
EMPLOYMEN
/. 3erformed in an alien vessel by an no employer and
T employee if he
such vessel is employed
is outside of thewhen employee relationship
3hilippines. Y +embers of the judiciary
1. 0y the government of the and the Constitutional
3hilippines or instrumentality or Commissions F life
agent thereof. insurance only
). Doreign government of international
organi#ation.
BENEFITS &.
/. +onthly pension
;ependents pension &.
/. $ife Insurance
etirement
1. etirement 1. ;isability
). ;eath 0enefits ). 4urvivorship
5. 3ermanent ;isability benefits 5. 4eparation
9. Duneral 9. 7nemployment
(. 4ickness
?. +aternity Y $ife insurance for the
judiciary and constitutio
BENEFICIARIES
PRIMARY &. ;ependent spouse until remarriage &. $egal, dependent s

/. ;ependent legitimate, legitimated or legally /. ;ependent childre
adopted and illegitimate children legitimate, legitima
child, including the
is unmarried, not g
over the age of ma
age of majority but
incapable of self-su
SECONDARY &. In the absence of primary beneficiaries, dependent &. ;ependent parents
parents /. $egitimate descen

restrictions on dep
legitimate descend
CONTRIBTIONS &. 2mployers contributions &. 2mployers contrib

/. 2mployees contribution /. 2mployees contrib
1. @overnment contribution
MODE &. Dor those with employees F 2mployee &. "he employer shall
OF COLLECTION contribution shall be deducted by the employees from the salary or com
based on an approved schedule. 2mployer shall employee the contribut
remit 0"8 2+3$E22 A%; 2+3$E2 2mployer shall remit to
/. contribution to the system.

Dor self-employed F 4elf-employed shall pay days the 2mployer-2m
0"8 2+3$E2 A%; 2+3$E22
contributions to the system.
1. Dor government contribution F remitted to the 444
within the first &> days of each calendar month
following the month got which they are applicable.
Y Contributions under this Act in case where an

employer refuses or neglects to pay the same shall be
collected by the 44 in the same manner as taes are
made collectable under the %ational Internal evenue
Code.
PENALTIES &. Dalse statement or misrepresentation as to any &. 3articipating direct

compensation as to any compensation paid or commission of frau
received or whoever makes or causes to be made falsification or misr
any false statement of a material fact in any claim transaction of the @
for any benefit payable under this Act F Art. &(/ of the 3C *Dalsificat
the 3C *falsification be private individuals and individuals and use
falsified documents documents
/. btaining or receiving any money or check /. eceiving money o
without being entitled thereto with intent to provision of this ac
defraud any covered employee, employer or 444 with intent to defra
F fine of 35,>>>.>> to 3/>,>>>.>> and to 3/>,>>>.> or im
imprisonment of 9 years and & day to &/ years or and & day to &/ ye
both. sells, offers for sale, uses, transfers, takes

1. 0uys, 1. efusing
this Act F to comply
fine of 35
or gives in echange, or pledges or give in pledge, or imprisonment of
ecept as authori#ed in this Act F fine of &/ years or both.
35,>>>.>> to 3/>,>>>.>> or imprisonment of 9 ). Dailure to include i
years and & day to &/ years or both. corresponding em
). +akes, alters, forges or counterfeits any stamps, finance officers, tre
coupon, ticket or other device prescribed by the F 9 months and & d
Commission, or uses, sells, lends or in his imprisonment and
possession any such altered, forged, or 39,>>>.>> and abs
counterfeited materials, or makes, uses or sells or disualification from
has in his possession any materials used in the 5. +isappropriation o
manufacture of such stamp, coupon, ticket or property of the @4
book F fine of 35,>>>.>> to 3/>,>>>.>> or than authori#ed in
imprisonment of 9 years and & day to &/ years or 3C *+alversation
both. properties.
5. Dails or refuses to comply with the provisions 9. Dor head of officer
promulgated by the Commission F fine of payment or remitta
35,>>>.>> ot 3/>,>>>.>> or imprisonment of 9 within 1> days from
years and & day to &/ years or both. demandable F imp
9. +isappropriation of funds F penalties under Article 5 years and fine of
/&( of the 3C. 3/>,>>>.>> and ab
(. Dailure to remit the said deductions to the 444 disualification.
within 1> days from date they become due F
Article 1&5 of the 3C *2stafa.
ENTITLED TO +ember has reached age of 9> or 95. 3"I%A$. +ember m

RETIREMENT BENEFITS &. has worked for at l
/. Is at least 9> years
retirement, and
1. Is not receiving mo
from permanent to
C+37$4E. +em
least &5 years of servic
than &5 years, he may
in accordance with Civ

egulations.
&. Complete loss of sight in both eyes.
DISABILITIES DEEMED /. $oss of two limbs at or above the ankle or wrist. &. Complete loss of s
PERMANENT TOTAL 1. 3ermanent complete paralysis of two limbs. /. $oss of two limbs a
). 0rain injury resulting in incurable imbecility or wrist.
insanity. 1. 3ermanent comple
5. ther cases determined by 444. limbs.
). 0rain injury resultin
imbecility or insani
5. ther cases determ
DISABILITIES DEEMED Complete and permanent loss of use of a digit, Complete and perm
PERMANENT PARTIAL limb, ear *or both ears, hearing in one or both ears, or limb, ear *or both ears
sight in one eye. both ears, or sight in o
SYSTEM E=CSED FROM Dor permanent disabili

LIABILITY &. grave misconduct
/. notorious negligen
1. willful intent to kill s
). habitual intoicatio
AMONT OF FNERAL 3&/,>>>.>> 3&/,>>>.>> *to be raise

BENEFITS year />>/
2mployer And 2mploye
WHO PAYS 2mployer and 2mployee
REMITTANCES
COVERAGE ccurrence of contingency whether or not work- ccurrence of cont

connected. work-connected.
NOTICE REIREMENT  2mployee to notify employer within 5 days from

injury or illness*unless no longer necessary under
the eceptions
 2mployer to notify 444 within 5 days from notice.
EFFECT OF ERRONEOS $egal And eligible claim
PAYMENT benefits, without prejud

sue improper claimant
DISPTE SETTLEMENT &. Dile claim with 444. &. Dile claim with @4
/. Appeal to 4ocial 4ecurity Commission. /. Appeal to @4I4 0
1. Appeal to CA. 1. Appeal to CA.
). Appeal to 4C ). Appeal to 4C.
Y Appeals shall be gove

)5 of the &''( ules o
E=CLSIVENESS OF  +ay Apply for same benefits in 2C, if in private  6henever other la
BENEFITS sector. benefits for the sam
 +ay not receive benefits for same contingency members who ua
under @4I4 offers more *he may then receive choose. If benefits
deficiency under @4I4, he ma
 8owever, with resp
illness and injuries
in full under 2CC,
4ugar Central vs C
PRESCRIPTIVE PERIODS &> years from the time the right of action accrues. ) years from date o
life and retirement ben
?RISDICTION
=I. CHART ON
B'* O$ L*, R'/*%i,n Gi'*n3' M*3&in'4 V,/n%*4 Ai%*%i,n
&. Inter-union dispute &. Interpretation or &. 7nresolved @rievances &

implementation of the C0A
/. Intra-union dispute /. Agreement on other labor /
/. Interpretation or enforcement dispute*0argaining deadlock,
of company personnel 7$3 1
1. $abor +anagement elations policies
ecept interpretation or
implementation of the C0A )

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SAN BEDA COLLEGE OF LAW

&. ight to rgani#e

SAN BEDA COLLEGE OF LAW

∗ EMPLOYEE - one who works for an employerB

− ART #. CONSTRCTION IN FAVOR OF

∗ CONSTRCTION IN FAVOR OF LABOR

- "his rule is applicable i$ %&'' i * +,% as

- "hese laws &,/+ ' in%'0'%'+ i%& *

SAN BEDA COLLEGE OF LAW

- Courts *+,0% * /i'*/ *00,*3& %&*%

- "hus, so long as management prerogatives FARM EMPLOYER-

as the lessor of his lessee of

− ART 7-11 ART 1". DEFINITIONS

− ART 19. PRIVATE RECRITMENT a. claims arising out of an employer-employee

&. Contract 3rocessing F workers hired thru the ∗ PREMATRE TERMINATION OF

MINIMM EMPLOYMENT CONDITIONS OF

&. Dilipino citi#ens, partnerships or corporations authority be transferred, conveyed or

&). <iolation of the laws and sacred practices of

THE ALIFYING CIRCMSTANCES THAT TITLE II

VENE OF ACTIONS ON ILLEGAL - Doreigners may n,% ' '50/,4'+ in certain

business the eercise or enjoyment of which is ∗ ENTREPRENERSHIP - training for self-

a. where the 4ecretary of ustice specifically CHAPTER I

− ART 8. DEFINITION OF TERMS

∗ APPRENTICESHIP - practical training on the

job supplemented by related theoretical

∗ APPRENTICE - worker who is covered by a

∗ APPRENTICEABLE OCCPATION - any

∗ ON-THE-?OB TRAINING F the practical work

− ART 8. ALIFICATIONS OF &. 3rogram duly recogni#ed by the ;epartment

− ART 9. EMPLOYMENT OF APPRENTICES

period of time. '$$'3%i'/4 i50'+' %&' 0'$,5*n3' ,$ ,

5. 8ighly technical 5. 4emi-skilled G − ART 2. COVERAGE

- L'*n' in 0i'3',:< in3'n%i' - rate &. selection and engagement of the

∗ HANDICAPPED WORKERS - Are those - "he last element as mentioned above is

hour $abor law - +anagement prerogative '3,6ni' %&'

− ART #. HORS WORKED ∗ WAITING TO BE ENGAGED - idle time is not

working time, not compensable

&. All time during which an employee is

− ART 8. MEAL PERIODS − ART 9. NIGHT SHIFT DIFFERENTIAL

∗ MEAL PERIODS ∗ NIGHT SHIFT DIFFERENTIAL -Additional

&. "he employees voluntarily agree in writing to RATIONALE

- As a rule, 3*nn,% ' *i'+, a s i t i s ∗ COMPRESSED WORKWEEK -allowable

the Act the

&. 6hen the waiver stipulates higher payment

WHEN WORKER MAY BE REIRED TO '/i6i, 6,n+. 0ut when such

N /. %ecessary to prevent loss of WORK ON A REST DAY

NOTE= ,:'+ O regular wage plus 1>J '. Christmas ;ay-;ecember /5

A%. #() refers to regular holidays, special - compensable even - not compensable if

∗ SERVICE INCENTIVE LEAVE (SIL) - Dive *5

− ART 9. SERVICE CHARGES WAGE SALARY

∗ TO BE DISTRIBTED TWICE A MONTH AND - compensation for - denotes higher

losses and breakages or distributed to

FACILITIES SPPLEMENTS ∗ THE NON-DIMINTION RLE -the benefits

). 6orkers in any duly registered cooperatives amount

are paid, are entitled to this benefit, pro'ided, ). 8oliday pay

- ;ifference of opinion on how to compute the − ART 12. FORMS OF PAYMENT

&1 month pay does not justify a strike

− ART 11. PAYMENT BY RESLTS GENERAL RLE!

CATEGORIES OF PIECE-RATE WORKERS! - payment by legal tender

&. Applicable statutory minimum daily rateB - $,3' 5*'' or ,%&'

− ART.1#. PLACE OF PAYMENT E=CEPTIONS!

- Courts +,0% /i'/ 00,3& %&%

- As a rule, 3nn,% ' i'+, a s i t i s ∗ COMPRESSED WORKWEEK -allowable

- payment through the A"+ is allowed - A 5'' %%'5'n% in 3,n%*3% with a

∗ EFFECTIVITY ,$ * 6' O+' F it shall take ni,ni'+ E%/i&5'n%

?RISDICTIONAL PRECONDITIONS OF &. S$3' B6*inin6 F occurs when