I SI\CE 1961

"For tomorroy' shall cast a myriad q7"ruighU stonns that onll'

those with firrn determination and (Itopian vis'itrt do sturyiv'e. "

Distinguish between Illegal Recruitment committed in Large Scale and comrnitted

by a Syndicate.

Large Scale Syndicate

It is committed against three (3) or more It is carried out by a group of three (3) or
persons, individually or as a 9rouP, more persons consPiring and/or
arrying
action,

38(b))

Disting

llegal Recruitment
Inte terial, ater al.

te ri clear showing that the offence:

pa rted his mor,ey or t-41.1
p on the der's false prei3ns=s. =-.
su
t- u \ln :\

Does t a th foreign employer

affect
Generall Knowledge states owl edge agent rs
ascri bed ever, contracts ly and freel red lnto
between OFW withouL the nt of the lc nt cannot
be impute NLRC, G.R. No, 16 7\

What is egal nation of overseas ern oym

The wo be ll reimbursement of hi a uctlons

made wit a unexpi red
portion of nt 16 74 )

What is th eru 1:iii:::

Generally, no person o ces, sl',ail engage in the

recruitment and placement vided " (Labor Code, Art. 16)

However, the following organizations may engage in dlrect hiring:

1. Members ofX,tlp di'plornatic'9orPq;,i 'i :!"!)tri'n, ,i, ':,,,. ,: ' 'i ,:
2. international,organizations;
3. Heads or stite"Jnoignu"rn;.nt orriliats;with tlie ralnt<'of-iLt ldast deprty nninister; and
4. Other employers, as may be allowed by the Secretary of Lahror and Enrploynrent, (2016
Revised POEA Rules and Regulattions, Rule II, Part III, Sec, 124)

What is the four-fotd test to determine employer-ernployee relationship?

1. The selection and engagement of the employee;
2. The payment of lvages;
3. The power of dismissal; and

Page 7 of 77
 UqI \J

4. The powerto control the employ'ee's conduct, (Fernandez v' Kalookan Slaughterhouse,
G.R. No. 225075)

Define an independent contractor.

They often present themselves to possess unique skills, expertise or talent to distinguish them
from ordinary employees. The control test is based on the extent of control the hirer e;<ercises
over a worker. The greater the supervision and control of the hirer exercises, the more likely
the worker is deemed an employee, and not an inclependent contractot' (Sonza v' ABS-CBN
Broadcastin ration G.R. No 1

What i

It h the use ci:elec;: --- ::::-s

compu ctor ma1' offe- a :e.e::n- --- ^; :-: = *=
n such terms glrU
2An gv
at^,at- n..q >q --:
to its rU'! I'lJ

mutuall

Disting between lities and ffi

li.
upplements ::

rl:;:

These Ia remu tion or speci :enef its,

expen S€. rticles or s or tools of th de givenr
or a rti clF to ove dl above
of the th 9es. l

It is fo
family,
:::
It formsi
deductel cannot be
(Our v. Parian, (3 o, 204651)

What are t cting the value of lities fro es?

I
P a lities are customaril y furnished by t
2" si e facilities must be volun I 5'r' the
c an
e a :nF cialists v'
3, Fac
NLR 61)

What are the

1. The grant or ben into a practice over a long
period of time;
2. The practice is consistent and deliberate;
3. The practi to error in tfte con,struction , or,,]riapplication of a doubtful or
difficult qu and , :' l'i "l
t 'ti'i

4. The diminu ti n'uance:, s,;,donb uni iit'eral'lv.by the ep pl.oye r. (VerEara, Jr. \t
i I

Coca-Cola Bottlers 'pines, Inc., G.R. No , 176eBs)

Distinguish between Maternity Leave and Paternity Leave.

Maternity Leave Paternity Leave

All covered female workers in government Every married male emplo'7ee in the private
and the private sector, including those in the and o-.:blic sectors, provicled that h13 is
informal economy. (R,A. 11210,Sec, 3) cohaoiti;:c ',./ith his spouse at the time that
she gives r th or suffers a rniscarriage.
(R.A, 81EV, Sec. 2)

Page 2 of 77
 Ddl \JPgI dtlLrl.l] -r,!--

For pregnancy - One hundred five (105) days Seven (7) days rvith full pay for the first four
maternity leave with full pay and an option (4) deliveries of the legitimate :;pouse with
to extend for an additional thirty (3tl) days whom he is cohabiting, (R,,4. 81i37, Sec, 2)
without pay.

For miscarriage or emergency termination of

pregnancy - Sixty (60) days with full pay,
(R.A. 11210, Sec, 3)

What i

Itisw e

1 h q bl .o essential ooeratlc.i c'

ll persons -r-reeting
2
ification would be unable to Star Pa per
v. Simbol No. 1647

What m llowed

um Prohihite nkinE
rs Ho
,t:'j&'
Below l,i'
;l
-rli
OAM

15 tr urs OAM
yr
,ri'F
31, Sec.3)
What ar ible for retirement ?
t:,,;.

1 H dred twe nty (120) mon contributio d

2 H eh dis and is already sepa from en[ or has
pl r lras reached the age of -fi . (R.A. rvo,
1

Who a for ecu r

1. Fema has ri CS;

2. Has al contri bu od immediately
preced i ng
3. The membe rn ble clate of childbirth,
which notice shall 1199, Sec, 14-A)

Who are eligible for retirement benefits unden the GSIS Act?

Theemployee: . ''
,.ll:, I,i

. i p . ,' ,'
1. Must have rendered at"least fifteen (15) years of service; . ,,
2. Must be at least sixty (60) years of age; and
3. Must not be receiving pension benefits from permanent total disabili:y', (R,A, No. 8291,
Sec. 13)

When does the Negotiation Bar Rule exist?

When a union has already commenced and sustained collective bargaining negotiations in
good faith within the 1-year period . (C,mnibus Rules, Book V, Rule VIII, Sec, 14 (e.)')

Page 3 of 77
 lJ.1 I \JPEl dtlr-'rr] -1,r--

Distinguish between a Kasambahay and a Homeworker.

Kasambahay Homeworker
Kasambahays are engaged in domestic work. Homeworkers make prrrducts for the
(R,A. No, 10361, Sec, 4) employer. (Omnibus Rules, Bocrk III,, Rule
XIV, Sec, 1)

The employers engage and control the The employers deliver or cause to be
servi dbv
10361 rtlp<

The Ka p errs homev;c -<e-s

(R.A i k III, Rule )(IV, Sec 1

What a it?
!:$tt, ii: i:rl#i f l*l. :ir'.
1. lof th iiitr.il! ::iiii3 i i.-rF+ti; """

2. an the emp
aining
4, n oym School ,Alliance of tors v'

What a ion of regi tion?

1 ent o ne
n tio d ments
ho in the

i nutes on c v ote rs

2. Vo bers (Labor Code, aB);

3. Vio of membership (La Code, Art, nd
4. Failu ial reports. (Labor Art, 250)

What are r for the validity of union dues a s nts?

?

1.A on f em a general
me
2 .Se f the d
3 . Individ tions for check- 1,9.1 e err ployees
con cerne

Who are not covered by

1 Religious objectors (Victoriana v. Elizalde Rope Workers Union, G,R. No, l--252a6);
2 Employees qfrea!-y i1,\he service and aLread y mem io,n othe r than the: Sole
and ExclusiUeliga'igaining'Agent at the tirne the u a $,re€:m ent tcrc k effect
(Freeman Shirt ttlanufacturing Co. v, CIR, G ..R. N
3 Confidential employeeii who are excluded from n d-filr: or super\/rs0ry
bargaining unit (Metrolab Indus;tries, Inc, v. Confesor, G, R, No, 108855);
4. Supervisory employees who are excluded from becoming members of the rank-and-
file union and vice-versa (Labor Code, Art, 255); and
5. Employees excluded from the coverage of the union securit'y clause per e,xpress mutual
agreement of the parties as stiprulated in the CBA. (BPI v, BPI Employ'eestJnt'on-Davaa
Chapter-federation of Unions in BPI Unibank, G,R, No,164301)

Page 4 of 77
/

What are the grounds for the denial of a petition for certification election?
1, The petitioning union, or national union, or federation is not listed in the DOLE's
registry of legitimate labor unions or that its registration certificate has been canceled
with flnality (Omnibus Rules, Book V, Rule VIII, Sec, 14(a));
2, Failure of the chartered local, national union, or national federatior to sr:bmit a duly
issued Charter Certificate upon the filing of the PCE (Omnibus Rules, Book V,, Rule VIII,
Sec. 14(b));
3. In an organized establishment, the failure to submit the 25% signature requirement
rt the fili of the PCE Rul' Book Rule VII ,Sec.
4 s before
4 (s ))',
5 etitioning

Statutory bar rule (Omnib

Certifi year bar rul
Neg r rule ( :](b);
eadlo RC, G.R

When

This ha
arb of stri of lo
challen as a
Cong

What a

1
2 ces, including the no a
3 ,No econd majority;
4 . The 0o/o of the votes c (i ncl udi chal I en ged

5 lenges on votes that will ri results c,f

40-I-15, R.ule IX, Sec. 16)

When m

1. If the rgain .

2, If there No, 15Ct352)

What is the totality o

Due to its nature and consequences, a fin unfair Iabor practice should not, be made
based solely on the cited unfair labor practice act considered in isolation but should be'riewed
on the basis of thenemplqverrs 4ct,out,s.idei'qf'lfh,e bigger aontext of"'the'"accompanying labor
relations situation. ,g,igu:r:Mangg,agawa,,,sa $,a,X,aoilro'lr,YrA v. NLRC, G.R. No,
iiriinin,: '
12s1es) '--'-
What are the elements of a strike?
1. There is a temporary stoppage of work by the employees;
2. It is through their concerted action; and
3. It is occasioned by an industrial or labordispute. (LaborCode, Art,21'3(o), as amertded
by R,A. No. 6715, Sec. 4)

What are the mandatory procedural requirements of a strike or lockout?

1. File a notice of strike or lockout with the NCMB-DOLE;

Page 5 of 77
 lJar uperarrons zur,z

2. Serve a notice to the NClvlB-DOLE at least twenty-four (24) hours prior to the taking
of the strike or lockout vote by secret balloting, informing said office of the der:ision to
conduct a strike or Iockout vote, and the date, place, and time thereol'anrl askingl it to
supervise the taking of the strike vote;
3" Conduct a strike or lockout vote where a majority of the members of the urrion obtained
by secret ballot in a meeting called for the purpose must approve it;
4. Submit a strike or lockout vote rep:ort to the NCMB-DOLE at Ieast seven (7,) days before
the intended date of the strike cr lockout;
5. Observe the cooling-off periocl of 15 days, in case of unfair labor practice of the
em lo r or 30 da S in case of collective ba ainin d dlock re ned m the
6 fterr the
de, Art.

What i rike?

The de on or actual conduct of a of the

employ relationsh r a renunc S merely
suspen uring odofw a rtici merely
exercisi ri orga ni as an emp a nd/or
to obtai diti .R..No.47303)

What a es rule?

1 o cked o A to stri ke;

2 eg A ice;
3 disc e ring sing to
nrg non-

4 d u retu rn
employer refused to e them; or
5 A v,. Boncacas, G.R. N 00487)

When can rs the status of a re ar empl

'll

1. Wh ontin rehiring of project empl 6C c atrc,n of a

a
2 ta the alleged proje ct ita ry, and
in NLRC,
G.R

What are the rr,t:i

f . it was knowingl ithout arny force, duress,

or improper pressure emp loyee and absent an1, s15.t
circurnstances vitiating his consent; or
2. It satisfactorily appears that the employer and the employee dealt with each other on
more or less"'qqr"ral;;terms4r/v;ith n,g mo,rq.['dominance'exe.r.!isqdrby-1ther forrner over the
latter. (Brent School, Inc, u. Zamorl, G'.R. No. L-48494): '.

When is there labor-only contracting?

1. When the contractor or subcontractor:

a. Does not have substantial capital; or
b.
Does not have investrrrents in the form of tools, equipme:nt, merchineries,
supervision, work premises, among others; and
c. Recruits and places employees that perform activities v,rhich are directly related
to the main business opr:ration of the principal; or
2. The contractor or subcontractor does not exercise the rlght to control over the
performance of tlre work of the employee. (D, O, No, 174-17, Sec, 5(a) & (b'))

Page 6 of 77
 ps
Bar Operations 2022

What are the elements of legitimate contracting or subcontracting?

1, The contractor or subcontractor is engaged irr a distinct and indepenclent busin,ess and
underlakes to perform the job or work on its own responsibility, accordirrg to its own
manner and method;
2. The contractor or subcontractor has su out tlre ob farrned out
tools,

3. I m the
rmance

4 all the
1"74- 17,
)

What proc ue pro g*4,nlov ee for causes

and di ?
l

1 should contain specifrc

q n t em, an directive that th PloY'ees
their rlnin sona bl e

2 comp no u nity to
na s n
3 F rs shall
vol ngt a been

blished to justify erance of th loyment

c. v Mamac, G,R. 66208)

What a th missal where rein ment i ?

1. ep is awarded;
2. s n es s R etuya H' a8 );
3.W ml rvisors v,

s r/
4. When of th nsut ta bi High School v
NLRC,
5. When th ee v,. Dekila,, G,R., No,
79954
6. In the case of antipa a Cetnter v, Yung, G.R. l\o.
785722);
7. When the job is with a totally'different nature (DUP Sound Phils. v. ()A,, G,R. No.
168317); I ; :

B. When the posiiiOn io J..qnOel exists (Consolidated D,[stillerp

'cf lhe
Fa," East v, Zaragoza,
G.R. No. 229302); ::er ,

9, When it is due to a long passage of time;

10. When it is inimical to the employer's interest; and
11. When supervening facts have transpired which make execution unjust or irrequitable,
to an increasing extenl. (Emeritus Security v. Dailig, G,R, No. 2047e,7)

What is the Doctrine of Strained Relations?

it is where the payment of separation pay is considered an acceptaDle alternative to
reinstatement when the latter is no longer desirable or viable. Such paynrent liberates the
employee from what could be a highly oppressive work environment. It releases the: employer

Page 7 of 77
 Lrar \JPEI !ltlulIJ ..u44

from the grossly unpalatable obligation of maintaining in its emplolr a worker it could no Ionger
trust. (Bank of Lubao v. Manabat, G.R. No. 188722)

When is an employee entitled to separation pay?

1, When the employee is dismissed due to authorized causes;

2. As a measure of social justicr:, in those instances where the employee is validly
dismissed for causes other than serious misconduct or those reflecting on his rnoral
ch a ra cter;
3 Whe mis m n f
4 lon ger

5
6 pa rties

7
B Corp. v,

, G,R. No, 163924)

When ane termina ations hout
notice

1 t SC tive on the lron person

:

2 tme e: by th employer

3 r offe oih sen aglainst

t i3 ny be U m r
4 I Co 00)

Disting dCo
:

ReslgnatioT ,
Co uctive Dismi I

it is the vo tr l'ro is 1, When nued ent is

inas at re th at rendered I nrpossr n el 'v or
persona I a ot be sac rificed in u n reason le;
favor ig rvice, and has 2. When the n nk nd or
noo from or
j,''

empl oym s ct of
Training C, 2L at io AN sibility or disdain
by wntcn maKes tt
e employee to
'nvestme,nt
her
ployment ern
Capital and
tion of the Phi,tittpiners, G.R. No
22988 1)

when is emplov:,iltl.:1,
.,'i-!,fl'oatins
status?
'i ,:1" .,.''', i ,

1. Bona fide suspension of the operation of a business or undertaking fcr a period not
exceeding six (6) months; or
2. Fulfillment by the employee of a military or civic duty, (Labor Code., Art, 3A1)

Define the Single-Entry Approach (SEnA).

It is an administrative approach to pro',ride an accessible, speedy, and inexpensive set,tlement

of complaints arising from employer-r:mployee relationship to prevent cas;es from ripening
into full blown disputes. All labor and employment disputes undergo thi:; thirty (30.) day
mandatory conciliation-mediation process. (Zonio, Jr, v. BB Aces tvlaritime Sc;rvict:s,.Inc,, G,R,
No. 239052)

Page B of 77
What cases are within the jurisdiction of the Labor Arbiter?
1. Unfair labor practice;
2. Termination disputes;
3. Money claims arising out c.rf an employee-employer relationship, regardless r:,f amoLlnt,
if there is a claim for reinstatement;
4. Claims for actual, moral, exemplary or other forms of damage arisin,J out of emrplotrsg-
employer relationship; and
5. Other money claims arising from employee-employer relationship,'rvhen tlrere is no
me and the mone claims exce 00c,ll0 Labar Code,

What i

Ten (1 s, (Del
Monte L

What i scope of the original j uils ure

1 a-Union Di
2 rations
and p for registration;
ional unions, ind unions,
respective rtered locals, s and
change ( e, Art

3 erati
4 7)

What i nd ional
Directo

1 La (Labor Code, Art, )

2 Sma andards violations exceedi n 00 and not
nstatement (Labor Co Art. 12
3 and conditions (La bor Cod e, 1
4 and cancellations thereof, cases fi d other
Omnibus Rules, Rul
5 for local
emp
6. Cases u nta rya hei r cio Volu ntary
Arbiters

What is the jurisdicti

1. Interpretation grievances arising out e interpretation and enforcement of company
personnel policies (Labor Code, Art. 273);
2 I n te rp reta ti tipn of th;e,iCBA (LaQon,CoQe, Ar1. 2;/3)
3 in case of C at q[e ,no:iii,?ross,,.in charpct3.r
TL
.IPn,, mic in character
(Labor
4, Wage distortion in organized establishments. (Labor Code, Art. 124)

What cases are referred to the voluntary arbitrator?

1. Unresolved wage distortion cases in organized establishments which musi: be resolved
within ten (10) days (Labor Code, Art, 124);
2, All grievances submitted to the grievance machinery not settled within seven (7)
calendar days from the date of its submission and which arises from the interpretationr
and enforcement of company policies and interpretation and implemenlation of the
CBA (Labor Code, Art, 273);

Page 9 of 77
 u4r vPsr 4rlurr) av!;

3. All other disputes which are agreed upon by the parties including unfair labor practices
and bargaining deadlocks (Labor Code, Art, 275); and
4. Other disputes that the parties stipulate will go to the voluntary arbitrator, even if the
jurisdiction is under a different tribunal or agency, (Negros Metal Corporation v.
Lamayo, G.R. No, 186557)

What are the prescriptive periods under the Labor Code and related lawl;?

Generally, three (3) years from the time the cause of action accrued;
:::::t: i::::: :::ti:it:1: ltijl
M o.!J.!)/-"''"=
=::,
"
cl afltns :',,:l

o rrtg
l:, t
e shall
iii te o ctiv
Y
riii(i ri
i I i,

Illegal:r: 2 a ,P'ilipino
Dismissal.&',
BackWages'. '

Unfair Lab or On ear from t Code,

practiie
l r: :

Offehses : ) yea ion or discover'7 th Peop

undei,.the ,-t'. ,i
Labor,,Code,:r,
:l:aii : :j Uiiiirli:

a recruit from me the

ili,iiliillrilil an ( c. d
IlleEal , iiiLi
(20)
d or"l e gal e t,
.'""#ili.if :e
ca e a 2, Sec.
ld$

What a lid petition fon ce ion election

,.
o u norgiiriized Establ iShnient
1 The io ate means it ing agent
d d listed in the nis
re eg ns of the u he 14ed-
BL pe
revo o d ar ed by any
2. The peti on el egiti atio n
filed duri
60-day fre
registered-CBA;
3, The petition complied w
su pport of the mem bers of the
bargaining unit; and
4 The petition ,is.filed not i ol i 'i:

the existing b'ar rules ( lt a

I
I

deadlock bar, negotiation

bar, or statutory bar rule)
(Labor CoC,z, Arts. 268-269)

What is the hold-over principle?

In the absence of a new CBA, the parties nraintain the status quo and must continue in full
force and effect the terms and conditions of the existing CBA until a 1r3w agr,3ement is
reached, (Labor Code, Art. 268)

Page 7O of LL
 rralr \.rPrr dr,lurlS -rui.4

When is a strike illegal?

1. If it is not due to bargaining dei:dlock or unfair labor practice;

2. Violation of procedural rules of a valio strike;
3, When declared for unlawful purposes such as inducing the employer to cornrnit unfair
labor practice;
4. When employing unlawful means;
5. Declared in violation of an existing injunction;
6. Contrary to an existing agreement like a no-strike clause or an errbitratiorr clause
To Motor Phils, Co W, rS 2 /v
7 e labor

Disting rike
,:

Mere p pation will result in termi ber in

of their loyme en tt min ate

the member commit al acts,

e will rminated
C' ) 7A\

What a u o!'over
labor
.,1

1. I ad in the
:.
rd ;
2 I n place, all s kin g ocked out em CS S ha
ir thin twenty-four ( hours fronr t of the
a and
3. The ons and readmit wo rs under tl-r terms and
di strike or lockout. ( Code,

What p equirements for a strike vote?

1 SE
2 The be c d U
3 A noti em th ur (2a) hours
prior to
4 Majority v ; and
5 A strike v,ote seven (7) clays prior to
the intended date of s))
Can the DOLE determine the existence of an employer-employee relationship?
j.

Yes. Generally, the NLRC has the powerto determine the existence of an employer-emoloyee
relationship. Hower/e',i'i+6;sps*,1r,*no limitation in the lawL,,uhon.,tne pofier. of the DrOLE to
determine whether an employer-employee relationship exists. Thus, the DOI-E hars the polver
to determine the existence of an empl,lyer-employee relationship and decicle whethe:r it can
issue compliance orders. (People's Broadcasting Service v. Secretary of Department of Labor
and Employment, G.R. No, t79652)

Page 7L of 77