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Labor 2 Memory Aid
Labor 2 Memory Aid
1
Article 264 provides that: lifetime. However, either party can serve a written notice
to terminate or modify the agreement at least 60 days
ARTICLE 264. Duty to Bargain Collectively When There prior to its expiration date. It shall be the duty of both
Exists a Collective Bargaining Agreement. — When there parties to keep the status quo and to continue in full
is a collective bargaining agreement, the duty to force and effect the terms and conditions of the existing
bargain collectively shall also mean that neither party agreement during the 60-day period and/or until a new
shall terminate nor modify such agreement during its agreement is reached by the parties.
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(2) Religious, charitable, medical, or (h) "Legitimate labor organization" means
education institutions, whether for profit or any labor organization duly registered with
not the Department of Labor and Employment,
shall have the right to self-organization and and includes any branch or local thereof.
to form, join, or assist labor organizations
of their own choosing for purposes of Article 237. Registry of Unions and File of
collective bargaining. Collective Bargaining Agreements.
The Bureau shall keep a registry of
All other workers legitimate labor organizations.
(1) Ambulant, intermittent, and itinerant
workers; The Bureau shall also maintain a file of all
(2) Self-employed people; collective bargaining agreements and
(3) Rural workers; and other related agreements and records of
(4) Those without any definite employees settlement of labor disputes and copies of
may form labor organizations for their orders and decisions of voluntary
mutual aid and protection. arbitrators or panel of voluntary arbitrators.
The file shall be open and accessible to
Alien employees interested parties under conditions
GENERAL RULE: All aliens are strictly prescribed by the Secretary of Labor and
prohibited from engaging directly or Employment, provided that no specific
indirectly in all forms of trade union activities. information submitted in condence shall
be disclosed unless authorized by the
EXCEPTION: Alien may exercise the right of Secretary, or when it is at issue in any
self-organization and join or assist labor judicial litigation, or when public interest or
unions for purposes of collective national security so requires.
bargaining, provided the following
requisites are fulfilled: Within 30 days from the execution of a
(1) With valid working permits issued by the Collective Bargaining Agreement, the
DOLE; and parties shall submit copies of the same
(2) If they are nationals of a country which directly to the Bureau or the Regional
grants the same or similar rights to Filipino Offices of the Department of Labor and
workers. Employment for registration accompanied
with verified proofs of its posting in two
Security Guards conspicuous places in the place of work
Under the old rules, security guards were and ratification by the majority of all the
barred from joining a labor organization of workers in the bargaining unit. The Bureau
the rank-and-file. Under R.A. 6715, they may or Regional Offices shall act upon the
now freely join a labor organization of the application for registration of such
rank-and-file or that of the supervisory union, Collective Bargaining Agreement within 5
depending on their ra calendar days from receipt thereof. The
Regional Offices shall furnish the Bureau
with a copy of the Collective Bargaining
LABOR ORGANIZATIONS AND
Agreement within 5 days from its
REGISTRATION OF UNIONS submission.
Arts. 219 (g, h), 237, 240-251, and 292(a), The Bureau or Regional Office shall assess
Labor Code the employer for every Collective
Article 219. Bargaining Agreement a registration fee of
XXX not less than P1,000 or in any other amount
(g) "Labor organization" means any union as may be deemed appropriate and
or association of employees which exists in necessary by the Secretary of Labor and
whole or in part for the purpose of Employment for the effective and efficient
collective bargaining or of dealing with administration of the Voluntary Arbitration
employers concerning terms and Program. Any amount collected under this
conditions of employment.
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provision shall accrue to the Special the following documents in addition to its
Voluntary Arbitration Fund. charter certificate:
(a) The names of the chapter's officers, their
The Bureau shall also maintain a file, and addresses, and the principal office of the
shall undertake or assist in the publication chapter; and
of all final decisions, orders and awards of (b) The chapter's constitution and by-laws:
the Secretary of Labor and Employment, Provided, That where the chapter's
Regional Directors and the Commission. constitution and by-laws are the same as
that of the federation or the national union,
Article 240. Requirements of Registration. this fact shall be indicated accordingly.
A federation, national union or industry
or trade union center, or an independent The additional supporting requirements
union shall acquire legal personality and shall be certified under oath by the
shall be entitled to the rights and privileges secretary or treasurer of the chapter and
granted by law to legitimate labor attested by its president.
organizations upon issuance of the
certificate of registration based on the Article 242. Action on Application.
following requirements: The Bureau shall act on all applications for
(a) P50.00 registration fee; registration within 30 days from filing.
(b) The names of its officers, their
addresses, the principal address of the All requisite documents and papers shall
labor organization, the minutes of the be certified under oath by the secretary or
organizational meetings and the list of the the treasurer of the organization, as the
workers who participated in such case may be, and attested to by its
meetings; president.
(c) In case the applicant is an independent
union, the names of all its members Article 243. Denial of Application.
comprising at least 20% of all the The decision of the Labor Relations
employees in the bargaining unit where it Division in the regional office denying
seeks to operate; registration may be appealed by the
(d) If the applicant union has been in applicant union to the Bureau within 10
existence for one or more years, copies of days from receipt of notice thereof.
its annual financial reports; and
(e) 4 copies of the constitution and by-laws Article 244. Additional Requirements for
of the applicant union, minutes of its Federations or National Unions.
adoption or ratification, and the list of the Subject to Article 238, if the applicant for
members who participated in it. registration is a federation or a national
union, it shall, in addition to the
Article 241. Chartering and Creation of a requirements of the preceding Articles,
Local Chapter. submit the following:
A duly registered federation or national
union may directly create a local chapter Proof of the affiliation of at least 10
by issuing a charter certificate indicating locals or chapters, each of which must be
the establishment of the local chapter. a duly recognized bargaining agent in the
establishment or industry in which it
The chapter shall acquire legal personality operates, supporting the registration of
only for purposes of filing a petition for such applicant federation or national
certification election from the date it was union; and
issued a charter certificate.
The names and addresses of the
The chapter shall be entitled to all other companies where the locals or chapters
rights and privileges of a legitimate labor operate and the list of all the members in
organization only upon the submission of each company involved.
MANAGERIAL EMPLOYEES
ELIGIBILITY FOR MEMBERSHIP;
One who is vested with the powers or
SPECIAL GROUPS OF EMPLOYEES
prerogatives to:
(1) lay down and execute management
Arts. 255, 219(m), and 256, Labor Code
policies; and/or to
Article 255. Ineligibility of Managerial (2) hire, transfer, suspend, lay-off, recall,
Employees to Join Any Labor Organization; discharge, assign or discipline
Right of Supervisory Employees. employees.
Managerial employees are not eligible to
join, assist or form any labor organization. SUPERVISORY EMPLOYEES
Those who, in the interest of the employer,
Supervisory employees shall not be effectively recommend such managerial
eligible for membership in the collective actions if the exercise of such authority is not
bargaining unit of the rank-and-file merely routinary or clerical in nature but
employees but may join, assist or form requires the use of independent judgment.
separate collective bargaining units and/or
legitimate labor organizations of their own.
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RANK-AND-FILE EMPLOYEES assist or form any the collective
All of those who are not managerial or labor organization. bargaining unit of
supervisory employees. the rank-and-file
(1) NATURE AND FUNCTION ACT IN A
CONFIDENTIAL CAPACITY employees; but
CONFIDENTIAL EMPLOYEES (2) FORMULATE, DETERMINE, AND EFFECT (2) MAY join, assist
MANAGEMENT POLICIES SPECIFICALLY
Those who: IN LABOR UNION. (FDE) or form separate
(1) By the nature of his/her functions, collective
assist, or act in a confidential capacity; bargaining units
and and/or legitimate
(2) To those persons who formulate, labor organizations
determine, and effect management of their own.
policies specifically in the field of labor
relations. Note: What is prohibited is the co-mingling of
the rank-and-file and the supervisors in one
Note: The 2 are cumulative and both must be union. They have to form separate unions.
met if an employee is to be considered a
“confidential employee” that would deprive Coastal Subic Bay no longer applies. The law
him/her of his/her right to form, joint, or assist allows the situation of a rank-and-file union
a labor organization. and a supervisor’s union operating within one
establishing joining one and the same
DOCTRINE OF NECESSARY IMPLICATION federation and national union as affiliates
The doctrine of necessary implication is the thereof.
legal basis for the ineligibility of a confidential
employee to join the union. While Art. 255 of (3) Employees-members of a cooperative
the Labor Code limits the ineligibility to join, • An employee of such a cooperative
assist, or form a labor organization to who is a member and co-owner
managerial employees, jurisprudence has thereof cannot invoke the right to
extended this prohibition to confidential collective bargaining, for certainly an
employees. owner cannot bargain with himself or
• Art. 255 of the Labor Code does not his/her co-owners.
directly prohibit confidential
employees from engaging in union Note: Insofar as it involves cooperatives with
activities. Their disqualification employees who are not members or co-
proceeds from the application of the owners thereof, such employees are entitled
doctrine of necessary implication. By to exercise the rights of all workers to
necessary implication, because organization, collective bargaining
managerial employees are negotiations and others as are enshrined in
disqualified, confidential employees the Constitution and existing laws.
are similarly disqualified. This doctrine
states that what is implied in a statute (4) Religious Objectors
is as much a part thereof as that which • Under the Industrial Peace act,
is expressed. members of the religious sects cannot
be compelled or coerced to join labor
WHO MAY NOT EXERCISE THE RIGHT TO unions even when said unions have
SELF ORGANIZATION closed shop agreements with
(1) Managerial Employees employers.
(2) Confidential Employees • In succeeding cases, the Supreme
Court ruled that the Court's decision
MANAGERIAL EMPLOYEES RULE v. in Victoriano vs. Elizalde Rope Workers
SUPERVISORY EMPLOYEES RULE Union upholding the right of
Managerial Supervisory members of the Iglesia ni Kristo sect
employees are employees shall: not to join a labor union for being
NOT eligible to join, (1) NOT be eligible contrary to their religious beliefs, does
for membership in
Any violation of the above rights and Any contract, agreement or arrangement
conditions of membership shall be a of any sort to the contrary shall be null and
ground for cancellation of union void.
registration or expulsion of officers from
office, whichever is appropriate. At least Article 259. Unfair Labor Practices of
30% of the members of a union or any Employers.
member or members specially concerned It shall be unlawful for an employer to
may report such violation to the Bureau. commit any of the following unfair labor
The Bureau shall have the power to hear practices:
and decide any reported violation to mete
the appropriate penalty. XXX
Criminal and civil liabilities arising from (e) To discriminate in regard to wages,
violations of above rights and conditions of hours of work and other terms and
membership shall continue to be under the conditions of employment in order to
jurisdiction of ordinary courts. encourage or discourage membership in
any labor organization.
Article 289. Visitorial Power.
XXX
BARGAINING UNIT
A group of employees sharing mutual
interests within a given employer unit,
comprised of all or less than all of the entire
body of the employees
1. in the employer unit; or
2. in any specific occupational or
geographical grouping within such employer
unit.
*Recall:
UNION
Any labor organization in the private sector
organized for collective bargaining and for
other legitimate purposes.
EXCLUSIVE BARGAINING
REPRESENTATIVE
A legitimate labor union duly recognized or
certified as the sole and exclusive
bargaining representative or agent of all
the employees in a bargaining unit.
QUALIFIED VOTERS
(1) All employees who are members of the
appropriate bargaining unit 3 months prior to
the filing of the petition/request shall be
eligible to vote.
(2) An employee who has been dismissed
from work but has contested the legality of
the dismissal at the time of the issuance of the
order for the conduct of a certification
election shall be considered a qualified voter,
unless his/her dismissal was declared valid in
a final judgement at the time of the conduct
of the certification election.
2
ARTICLE 264. [253] Duty to Bargain Collectively certification election shall be conducted by the
When There Exists a Collective Bargaining Department of Labor and Employment outside of
Agreement. — When there is a collective the sixty-day period immediately before the date
bargaining agreement, the duty to bargain of expiry of such 5-year term of the Collective
collectively shall also mean that neither party shall Bargaining Agreement. All other provisions of the
terminate nor modify such agreement during its Collective Bargaining Agreement shall be
lifetime. However, either party can serve a written renegotiated not later than 3 years after its
notice to terminate or modify the agreement at execution. Any agreement on such other
least 60 days prior to its expiration date. It shall be provisions of the Collective Bargaining
the duty of both parties to keep the status quo and Agreement entered into within 6 months from the
to continue in full force and effect the terms and date of expiry of the term of such other provisions
conditions of the existing agreement during the as fixed in such Collective Bargaining Agreement,
60-day period and/or until a new agreement is shall retroact to the day immediately following
reached by the parties. such date. If any such agreement is entered into
3
ARTICLE 265. [253-A] Terms of a Collective beyond 6 months, the parties shall agree on the
Bargaining Agreement .— Any Collective duration of retroactivity thereof. In case of a
Bargaining Agreement that the parties may enter deadlock in the renegotiation of the Collective
into shall, insofar as the representation aspect is Bargaining Agreement, the parties may exercise
concerned, be for a term of 5 years. No petition their rights under this Code.
questioning the majority status of the incumbent 4
ARTICLE 256. [245-A] Effect of Inclusion as
bargaining agent shall be entertained and no Members of Employees Outside the Bargaining
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BAR RULES (8) CBA contains provisions lower than
the standards provided by law or
1. CONTRACT BAR RULE illegal per se and concluded in
The existence of the CBA bars the filing of a violation of an order; and
PCE. Once is a CBA is duly and validly (9) Referendum to register an
subsisting no PCE or any other action should independent union.
be entertained that may disturb the
administration of the duly registered existing Note: This freedom period is different from
CBA. Neither party should terminate nor the 60-day period within which to start
modify such agreement during its lifetime. negotiations for a new CBA.
• Certification election may only be
What this means, for the entire 5-year lifetime entered within 60-day freedom
of the CBA, no PCE questioning the majority period. Any PCE filed before or after
status of the incumbent SEBA shall be the 60-day freedom period should be
entertained and no certification election shall dismissed outright.
be conducted by the DOLE outside the 60- • Where there exists a CBA, it is the duty
day freedom period immediately before the of both parties to keep status quo and
date of the expiry of such 5-year term of the to continue in full force and effect the
CBA. terms and conditions of the existing
agreement during the 60-day
GENERAL RULE: The representation status of freedom period and/or until a new
the incumbent exclusive bargaining agent agreement is reached by the parties.
which is a party to a duly registered CBA shall • At the expiration of the 60-day
be for a term of 5 years from the date of freedom period, the employer should
effectivity of the CBA. No petition continue to recognize the majority
questioning the majority status of the status of the incumbent bargaining
incumbent exclusive agent or PCE shall be agent where no PCE challenging such
filed. majority status is filed by any other
union.
EXCEPTION:
Where a PCE may be validly filed - 2. CERTIFICATION YEAR BAR/1 YEAR BAR
(1) During the 60-day freedom period The Rules embody a rule that bars the filing of
immediately prior to the expiration of a PCE within a period of 1 year from the date
the 5-year term of the representation of a valid conduct of a certification, consent,
aspect of the CBA; run-off election or the certification of the
(2) When the CBA is not registered; CEBA within the period of 1 year from the date
(3) When the documents supporting the of the certification, consent, run-off, or re-run
CBA’s registration are falsified, election or the date of the issuance of the
fraudulent, and misrepresentation; SEBA Certification, in accordance with Art.
(4) CBA where the identity of the 261 of the Labor Code, where no appeal on
representatives is in doubt; the results was made.
(5) When the CBA is incomplete in itself • If there was such an appeal from the
(or, it does not contain any of the order of the Med-Arbiter, the running
mandatory provisions which the law of the 1-year period is deemed
requires); suspended until the decision on the
(6) CBA was hastily entered into, i.e., appeal has become final and
signed before the freedom period; executory.
(7) CBA entered into between the
employer and the union during the CERTIFICATION 1
pendency of the certification election; BAR YEAR/STATUTORY
BAR
Unit.— The inclusion as union members of of the union. Said employees are automatically
employees outside the bargaining unit shall not deemed removed from the list of membership of
be a ground for the cancellation of the registration said union.
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If a SEBA is certified. If there is no the negotiation resulting from the
certification. action of equal and opposing
1 year starts from 1 year starts from forces.
the certification of the actual date of
the SEBA. the prior election
JURISDICTIONAL REQUIREMENTS
The mechanics of collective bargaining is
set in motion only when the following
jurisdictional preconditions are present,
namely:
(1) possession of the status of majority
representation of the employees'
representative in accordance with any of
the means of selection or designation
provided for by the Labor Code;
(2) proof of majority representation; and
(3) a demand to bargain under Article 261,
par. (a) of the New Labor Code.
PURPOSE
To reach an agreement resulting in a contract
binding on the parties.
• But, the failure to reach an agreement The following procedures shall be observed
after negotiations continued for a in collective bargaining:
reasonable period does not establish
bad faith. (1) When a party desires to negotiate an
agreement, it shall serve a written notice
COLLECTIVE BARGAINING AGREEMENT upon the other party with a statement of its
The contract between a legitimate labor proposals. The other party shall make a reply
union and the employer concerning wages, thereto not later than 10 calendar days from
hours of work, and all other terms and receipt of such notice;
conditions of employment in a bargaining
unit. (2) Should differences arise on the basis of
such notice and reply, either party may
Note: The CBA constitutes the law between request for a conference which shall begin
the parties when freely and voluntarily not later than 10 calendar days from the date
entered into. of request.
Note: If the applicant fails to complete the HOLD OVER PRINCIPLE / AUTOMATIC
requirements within 10 days from the receipt RENEWAL CLAUSE
(2) After serving the first notice, the To constitute proper notice, the facts
employers should schedule and conduct a constitutive of the violations of these rules —
hearing or conference wherein the and not just the rules of conduct — must be
employees will be given the opportunity to: clearly stated. Proper notice also requires that
5
Series of irregularities, when put together, may 6
Gross means absence of that diligence that an
constitute serious misconduct. ordinarily prudent man would use in his own
affairs.
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dismissal for that would penalize him twice for and confidence of the employer is
the same offense. sufficient and does not require proof
• At most, it was explained, "these beyond reasonable doubt.
collective infractions could be used as
supporting justification to a OTHER JUST CAUSES UNDER THE LABOR
subsequent similar offense." CODE
1. Union officers who, with knowledge,
GENERAL RULE: Immorality is not a just participate in an illegal strike (Art. 279)
ground to terminate employment. 2. An employee who commits an illegal
EXCEPTION: When such immoral conduct is act during a strike (Art. 279)
prejudicial or detrimental to the interest of 3. Strikers who violate orders,
the employer. prohibitions, or injunctions issued by
the NLRC, the Secretary of Labor, or
Employer has the prerogative to formulate the President (Art. 278)
and implement company rules and 4. Violation of union security clause in
regulations or policies. Company rules and the CBA (Art. 259)
regulations or policies are presumed valid
until amended or nullified. PREGNANCY
• Until and unless the rules or orders are • To constitute immorality, the
declared to be illegal or improper by circumstances of each particular case
competent authority, the employees must be holistically considered and
ignore or disobey them at their peril. evaluated in light of the prevailing
norms of conduct and applicable laws.
Forms of Neglect of Duties
(1) Habitual tardiness and absenteeism The determination of whether a conduct is
(2) Abandonment disgraceful or immoral involves a two-step
process:
To constitute abandonment, 2 elements (1) a consideration of the totality of the
must concur: circumstances surrounding the
(1) The employee must have failed to report conduct; and
for work or must have been absent without (2) an assessment of the said
valid or justifiable reason; and circumstances vis-à-vis the prevailing
(2) There must have been a clear intention on norms of conduct, i.e., what the
part of the employee to sever the employer- society generally considers moral and
employee relationship manifested by some respectable.
overt act.
Substantial evidence must be presented,
DUE PROCESS REQUIREMENTS which would establish that a particular
The twin notice requirement applies. conduct, viewed in light of the prevailing
1. First notice directing the employee to norms of conduct, is considered disgraceful
explain why s/he should not be or immoral.
declared as having abandoned his • When the law speaks of immoral or,
job; and necessarily, disgraceful conduct, it
2. Second notice to inform him/her of pertains to public and secular
the employer’s decision to dismiss morality; it refers to those conducts
him on the ground of abandonment. which are proscribed because they
are detrimental to conditions upon
Note: which depend the existence and
Positions of trust includes: (1) managerial progress of human society.
positions; (2) supervisory positions; and (3)
fiduciary rank-and-file positions. BONAFIDE OCCUPATIONAL
• In those managerial positions, mere QUALIFICATION
existence of basis for believing that 2 factors necessitating its imposition:
the employee has breached the trust
RETIREMENT (Art. 302, Labor Code) Under Art. 302, 5 years is the minimum years
Retirement is the result of the bilateral act of of service that must be rendered by the
the parties. It is a voluntary agreement employee before s/he can avail of the
between the employer and the employee, retirement benefits upon reaching the
whereby the latter, after reaching a certain optional or compulsory age.
age, agrees to sever his/her employment with • The parties cannot stipulate a period
the former. higher than 5 years since this will run
• The employers and employees are counter to the intention of the law.
free to agree and stipulate on the • This includes authorized absences and
retirement age, either in a CBA or vacations, regular holidays, and
employment contract. mandatory fulfillment of a military or
o It is only in the absence of such civic duty.
agreement that the retirement age
shall be fixed by law, that is, in In the absence of an retirement plan or
accordance with the optional and applicable agreement, an agreement must
compulsory retirement age. retire when:
(1) when s/he is at least 60 years of age;
If Optional If Compulsory and
Retirement: Retirement: (2) serve at least 5 years in the company
60 years. 65 years. to entitle him/her to the retirement
benefits provided under the law.
It is the employee The employee has
who exercises the no more option Retirement pay
option. except to retire. Instances when Article 302 applies
This only applies in a situation where:
Note: The optional and compulsory 1. There is no CBA or other applicable
retirement schemes come into play in the employment contracts providing for
absence of a retirement plan or agreement retirement benefits for employees; or
setting forth other forms of optional or 2. There is a CBA or other applicable
compulsory retirement schemes. employment contracts providing for
employees, but such benefits are
Acceptance by the employees of an early below the requirements set by law.
retirement age option must be explicit,
voluntary, free, and uncompelled. In the absence of a retirement plan or
• While an employer may unilaterally agreement providing for retirement benefits,
retire an employee earlier than the an employee, upon reaching the optional or
legally permissible ages under the compulsory retirement age, shall be entitled
Labor Code, this prerogative must be to retirement pay equivalent to at least ½
exercised pursuant to a mutually month salary for every year of service, a
instituted early retirement plan. fraction of at least 6 months being considered
as 1 whole year.
(d) It shall be unlawful for any person or Any sum thus recovered on behalf of any
entity to obstruct, impede, delay or employee or househelper pursuant to this
otherwise render ineffective the orders of Article shall be held in a special deposit
the Secretary of Labor and Employment or account, and shall be paid, on order of the
his duly authorized representatives issued Secretary of Labor and Employment or the
pursuant to the authority granted under Regional Director directly to the employee
this Article, and no inferior court or entity or househelper concerned.
shall issue temporary or permanent
injunction or restraining order or otherwise Any such sum not paid to the employee or
assume jurisdiction over any case involving househelper, because he cannot be
the enforcement orders issued in located after diligent and reasonable effort
accordance with this Article. to locate him within a period of 3 years,
shall be held as a special fund of the
(e) Any government employee found guilty Department of Labor and Employment to
of violation of, or abuse of authority, under be used exclusively for the amelioration
this Article shall, after appropriate and benefit of workers.
administrative investigation, be subject to
summary dismissal from the service. Any decision or resolution of the Regional
Director or hearing officer pursuant to this
(f) The Secretary of Labor and Employment provision may be appealed on the same
may, by appropriate regulations, require grounds provided in Article 223 of this
employers to keep and maintain such Code, within 5 calendar days from receipt
employment records as may be necessary of a copy of said decision or resolution, to
in aid of his visitorial and enforcement the National Labor Relations Commission
powers under this Code. which shall resolve the appeal within 10
calendar days from the submission of the
Article 224. Jurisdiction of Labor Arbiters (a) To promulgate rules and regulations
and the Commission. governing the hearing and disposition of
(a) Except as otherwise provided under this cases before it and its regional branches, as
Code, the Labor Arbiters shall have well as those pertaining to its internal
original and exclusive jurisdiction to hear functions and such rules and regulations as
and decide, within thirty 30 calendar days may be necessary to carry out the purposes
after the submission of the case by the of this Code;
parties for decision without extension, even
in the absence of stenographic notes, the (b) To administer oaths, summon the
following cases involving all workers, parties to a controversy, issue subpoenas
whether agricultural or non-agricultural: requiring the attendance and testimony of
(1) Unfair labor practice cases; witnesses or the production of such books,
(2) Termination disputes; papers, contracts, records, statement of
(3) If accompanied with a claim for accounts, agreements, and others as may
reinstatement, those cases that workers be material to a just determination of the
may file involving wages, rates of pay, matter under investigation, and to testify in
hours of work and other terms and any investigation or hearing conducted in
conditions of employment; pursuance of this Code;
(4) Claims for actual, moral, exemplary and
other forms of damages arising from the (c) To conduct investigation for the
employer-employee relations; determination of a question, matter or
(5) Cases arising from any violation of controversy within its jurisdiction, proceed
Article 264 of this Code, including to hear and determine the disputes in the
questions involving the legality of strikes absence of any party thereto who has been
and lockouts; and summoned or served with notice to
(6) Except claims for Employees appear, conduct its proceedings or any
Compensation, Social Security, Medicare part thereof in public or in private, adjourn
167 and maternity benefits, all other claims its hearings to any time and place, refer
technical matters or accounts to an expert
Article 275. Jurisdiction Over Other Labor Article 277. Cost of Voluntary Arbitration
Disputes. and Voluntary Arbitrator’s Fees.
The Voluntary Arbitrator or panel of The parties to a Collective Bargaining
Voluntary Arbitrators, upon agreement of Agreement shall provide therein a
the parties, shall also hear and decide all proportionate sharing scheme on the cost
other labor disputes including unfair labor of voluntary arbitration including the
practices and bargaining deadlocks. Voluntary Arbitrator's fee. The fixing of fee
of Voluntary Arbitrators, or panel of
Article 276. Procedures. Voluntary Arbitrators, whether shouldered
The Voluntary Arbitrator or panel of wholly by the parties or subsidized by the
Voluntary Arbitrators shall have the power Special Voluntary Arbitration Fund, shall
to hold hearings, receive evidences and take into account the following factors:
take whatever action is necessary to resolve (a) Nature of the case;
the issue or issues subject of the dispute, (b) Time consumed in hearing the case;
including efforts to effect a voluntary (c) Professional standing of the Voluntary
settlement between parties. Arbitrator;
(d) Capacity to pay of the parties; and
All parties to the dispute shall be entitled to (e) Fees provided for in the Revised Rules
attend the arbitration proceedings. The of Court.
attendance of any third party or the
exclusion of any witness from the Article 278. Strikes, Picketing, and
proceedings shall be determined by the Lockouts.
Voluntary Arbitrator or panel of Voluntary XXX
arbitrators. Hearing may be adjourned for
cause or upon agreement by the parties. (g) When, in his opinion, there exists a labor
dispute causing or likely to cause a strike or
Unless the parties agree otherwise, it shall lockout in an industry indispensable to the
be mandatory for the Voluntary Arbitrator national interest, the Secretary of Labor
or panel of Voluntary Arbitrators to render and Employment may assume
an award or decision within 20 calendar jurisdiction over the dispute and decide
days from the date of submission of the it or certify the same to the Commission
dispute to voluntary arbitration. for compulsory arbitration. Such
assumption or certification shall have the
The award or decision of the Voluntary effect of automatically enjoining the
Arbitrator or panel of Voluntary Arbitrators intended or impending strike or lockout as
All unfair labor practice arising from Book V Note: Executive Orders 126 (Reorganizing
shall be filed with the appropriate agency Ministry of Labor and Employment) and 251
within 1 year from accrual of such unfair (Amending EO 126)
labor practice; otherwise, they shall be
forever barred. SINGLE-ENTRY APPROACH
Republic Act No. 10396 and DO 151-16
Article 306. Money Claims.
All money claims arising from employer- GENERAL RULE: All issues arising from labor
employee relations accruing during the and employment shall be subjected to a 30-
effectivity of this Code shall be filed within day mandatory conciliation-mediation
3 years from the time the cause of action services (or Single Entry Approach).
accrued; otherwise they shall be forever
barred. EXCEPTIONS:
1. Notice of strike/lockout or preventive
All money claims accruing prior to the mediation cases with NCMB
effectivity of this Code shall be filed with 2. Issues arising from the interpretation
the appropriate entities established under or implementation of the CBA and
this Code within 1 year from the date of those arising from the interpretation
effectivity, and shall be processed or or enforcement of company
determined in accordance with the personnel policies which would be
implementing rules and regulations of the processed through grievance
Code; otherwise, they shall be forever machinery
barred. 3. Application for exemption from Wage
Orders with NWPC
Workmen's compensation claims accruing 4. Issues of violations of permits,
prior to the effectivity of this Code and licenses, ore registries issued by
during the period from November 1, 1974 DOLE and its attached agencies
up to December 31, 1974, shall be filed 5. Violations of the POEA Rules and
with the appropriate regional offices of the Regulations, namely:
Department of Labor not later than March (a) Serious offenses and offenses
31, 1975; otherwise, they shall forever be penalized with the cancellation of
barred. The claims shall be processed and license;
adjudicated in accordance with the law and (b) Disciplinary actiosn against
overseas workers/seafarers which
PRESCRIPTIVE PERIODS
Money claims 3 years
Illegal dismissal 4 years
and money claims
Withdrawal of Counted from
action accrual of the cause
of action