San Beda College of Law

MEMORY AID
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PRELIMINARY TITLE
 LABOR – exertion by human beings of physical or mental efforts, or both, towards the production of goods and services. Labor also means that sector or groups in a society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under managerial direction. (Mendoza: 2001)

1. wages 2. hours of work 3. cost-of-living allowance 4. other monetary and welfare benefits, including occupational safety, and health standards. (Maternity Children’s Hospital vs Sec. of Labor G.R. No. 78909. June 30,1989)  LABOR RELATIONS LAW – that which defines the status, rights, and duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives. -the law which seeks to stabilize the relation between employers and employees, to forestall and thresh out their differences through the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation, and arbitration.
LABOR LAW 1. directly affects employment (e.g. wages) 2. designed to meet the daily needs of workers 3. covers employment for profit or gain 4. affects work of employee SOCIAL LEGISLATION 1. governs the effects of employment (e.g. compensation for injuries) 2. involves long range benefits 3. covers employment, profit and non-profit 4. affects life of employee

CHAPTER I GENERAL PROVISIONS
 ART. 1. NAME OF DECREE “Labor Code of the Philippines”  ART. 2. DATE OF EFFECTIVITY  The Labor Code took effect on November 1, 1974 (six months after its promulgation on May 1,1974).  LABOR LEGISLATION - consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and conditions and the employment relationship may be negotiated, adjusted and administered. - body of statutes, rules and doctrines that defines State policies on labor and employment, and governs the rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefore, or by establishing a legal framework within which better terms and conditions of work could be obtained through collective bargaining or other concerted activity.  LABOR STANDARDS - the minimum requirements prescribed by existing laws, rules and regulations relating to :

 OVERVIEW OF THE LABOR CODE BOOK ONE – On Pre-employment, sets the period and groundwork to attain a state of full employment by making the full possible use of its manpower. BOOK TWO – On Human Resource Development, emphasizes the need of developing human resources. BOOK THREE – On Conditions of Employment, deals with the mechanism to protect or secure the workers who may be employed especially after appropriate qualification and training.

LABOR LAW COMMITTEE
 HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

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2. BOOK FOUR – On Health, Safety and Social Welfare Benefits, deals with protection and promotion of the health and safety of the worker. BOOK FIVE – On Labor Relations, spells out the terms and conditions of employment. BOOK SIX – On Post Employment, provides for security of tenure and conditions under which security of tenure and conditions under which a worker may be dismissed. BOOK SEVEN – On Transitory and Final Provisions, provides for sanctions for violation or non-compliance with the Code; it also provides for procedure and prescription for the enforcement of rights under the Code.  BASIC RIGHTS OF WORKERS AS GUARANTEED BY THE CONSTITUTION: (Art.13, Sec.3, 2nd par. Consti.) (POWEERSC) 1. Right to Participate in policy & decision-making processes affecting their rights and benefits as may be provided by law 2. Right to Organize themselves 3. Right to Work under humane conditions 4. Right to Engage in peaceful concerted activities including strike in accordance with law 5. Right to Enjoy security of tenure 6. Right to Receive a living wage 7. Right to Share in the fruits of production 8. Right to Conduct collective bargaining or negotiation with management  CONSTITUTIONAL PROVISIONS THAT GUARANTEE THE RIGHTS OF WORKERS, PROTECT THEIR SPECIAL INTEREST, OR PROMOTE THEIR GENERAL WEFARE: 1. Protection to labor (Sec. 3, Article XIII) 3. 4. 5.

Right of workers to form unions (Sec.3, Article XIII, 2nd par., Bill of Rights) Principle of shared responsibility (3rd par., Article XIII) Right of employers to profit (last par., Article XIII, section 3) Employment of women workers (Sec. 14, Article XIII)

RELATED LAWS: 1. CIVIL CODE: • Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. • Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.

2. -

REVISED PENAL CODE: Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. — The penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.
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2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law
MEMORY AID 3. SPECIAL LAWS: • SSS Law • GSIS Law • Comprehensive Agrarian Reform Law • 13th Month Pay Law • Magna Carta for Public Health Workers • Migrant Workers Act of 1995 • National Health Insurance Act  AIM, REASON & JUSTIFICATION OF LABOR LAWS: - raison d’etre : SOCIAL JUSTICE “the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be proximated. Social justice means the promotion of the welfare of all people, the adoption by the government of measures calculated to ensure economic stability of all the component elements of the society through the maintenance of proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable or extra-constitutionally, through the exercise of powers underlying the existence of all governments, on the time honored principle of “salus populi suprema est lex” (Calalang vs. Williams)  BASIS OR FOUNDATION OF LABOR LAWS: POLICE POWER - "State’s authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare." (PASEI vs. Drilon, G.R.No.L-81958. June 30,1988)  ART. 3. DECLARATION OF BASIC POLICY 1 The State shall: [PEARA] a. Promote full employment, b.
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Ensure equal work opportunities regardless of sex, age or creed, c. Afford protection to labor, d. Regulate the relations between workers and employers, e. Assure the right of workers to: [JSSC] 1.Just and humane conditions of work 2. Self-organization 3. Security of tenure 4. Collective bargaining  ART. 4. OF LABOR CONSTRUCTION IN FAVOR

The rule is applicable if there is a doubt as to the meaning of the legal and contractual provision. If the provision is clear and unambiguous, it must be applied in accordance with its express terms. In interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the Constitutional mandate, the SC adopts the liberal approach which favors the exercise of labor rights.(Meralco vs. NLRC, G.R.No. 78763. Jul.12, 1989) While the Constitution is committed to the policy of social justice and the protection of the working class, it should not be supposed that every labor dispute shall be automatically resolved in favor of labor. It is mandated that there be equal protection and respect not only the laborer’s side but also the management and/or employer’s side. The law, in protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the employer (Colgate Palmolive Philippines vs. Ople, G.R.No. 73681. June 30,1988) REASONS FOR AFFORDING GREATER PROTECTION TO EMPLOYEES 1. There is greater supply than demand for labor.

LABOR LAW COMMITTEE
 HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

government corporations created by special (original) charter are subject to the Civil Service Law.XIII.” AND  ART. “The State shall promote comprehensive rural development and agrarian reform. including employees in a government corporation incorporated under the Corporation Code. the State shall encourage and undertake the just distribution of all agricultural lands. and even desperate. whether agricultural or non-agricultural. to receive a just share of the fruits thereof. 7-11. in one employer. APPLICA BILITY  The LC applies to all workers. • Agricultural workers receive salaries lower than the prescribed minimum for industrial and commercial employees. 244)  AGRICULTURAL OR FARM WORKER one employed in an agricultural or farm enterprise and assigned to perform tasks 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). CHAPTER II EMANCIPATION OF TENANTS (amended by RA 6657. both agricultural as well as industrial workers. CARL)  ARTS. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads). who are landless. the State shall respect the rights of small landowners.It is important to distinguish if the employee is employed in a GOCC with an original charter or not.Secretariat). RULES AND REGULATIONS  The rules and regulations issued by the DOLE shall become effective 15 days after announcement of their adoption in newspapers of general circulation. or equity considerations. The need for employment by labor comes from vital. Romuald Padilla (Civil Law).It is true that police power is the domain of the legislature. and any activity performed by a farmer as an incident to or in conjunction with such farming operations.III. Sec. subject to such priorities and reasonable retention limits as the Congress may prescribe. Jennifer Ang(VC. Charmaine Torres (Taxation Law). undertake an agrarian reform program founded on the right of farmers and regular farmworkers. the raising of livestock or poultry. (see discussion in Art. Jackie Lou Bautista (Legal Ethics) . while those corporations under the general corporation law are not within the coverage of the Civil Service Law. DELEGATED LEGISLATIVE POWER . The Labor Code itself vests the Department of Labor and Employment with rule-making powers in the enforcement whereof. necessity. The State shall further provide incentives for voluntary landsharing. Jinky Ann Uy (Remedial Law). growing and harvesting of any agricultural and horticultural commodities. To this end. Mark David Martinez (Criminal Law).5. and subject to the payment of just compensation. but is subject to the provisions of Labor Code.4 “The State shall. Francis Benedict Réotutar (Labor Law). Elaine Masukat (VCEDP). dairying.  Constitutional bases : Art.” Art. but it does not mean that such an authority may not be lawfully delegated.21. Garny Luisa Alegre (Commercial Law). taking into account ecological. . developmental. Ronald Jalmanzar (Over-all Vice Chair). 6. in the case of other farmworkers. .4 2005 CENTRALIZED BAR OPERATIONS 2. . Sec. Joy Inductivo (VC-Finance). In determining retention limits.  MANAGEMENT RIGHTS: [CPST ] C P S T Right to conduct business Right to prescribe rules Right to select and hire employees Right to transfer or discharge employees which are directly related to the agricultural activities of the employer.There may be. such as cultivation and tillage of the soil. by law. (PASEI vs Drilon)  ART. to own directly or collectively the lands they till or.

offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. and more than seven hectares in area. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). enlisting. Goce. 3. . Ma. minimize land speculation. Elsa Villaflor(Labor Relations). G. 1 PRESENT RETENTION LIMITS: . 4. in any manner. tenanted. the land covered by operation land transfer must be private agricultural land. . that any person or entity which. and 3. G. It represents the full emancipation of the tenant from the bondage of the soil. DEFINITIONS (a) WORKER . 2. preserve the landholding in the hands of the owner-tiller and his heirs. utilizing. promising or advertising for employment. 2. and includes (RCPA) referrals. (People vs. 8.5 hectares per landowner and 3 hectares per child provided the child is: • at least 15 years of age. Kareen Faye Pioquinto . 13. transporting.Share tenancy has been abolished placing in its stead a leasehold system. EDP’S: Jennifer Trinidad. July 11. 1995)  ART. 29. The complainant had a distinct impression that the accused had the power to send complainant abroad for work.R. whether employed or unemployed (b) RECRUITMENT AND PLACEMENT any act of (CEC-TUHP) canvassing. Aug. No.113161. PRIVATE RECRUITMENT  ENTITIES RECRUIT: 1. Jr.No.the title issued to the tenant upon compliance with all the requirements of the government. contracting. The complainant was convinced to part with his money in order to be so employed. primarily devoted to rice and/or corn. whether for profit or not. and 2. L-58674-77. AUTHORIZED TO BOOK ONE PRE-EMPLOYMENT TITLE I RECRUITMENT AND PLACEMENT OF WORKERS Public employment offices Private recruitment entities Private employment agencies Shipping or manning agents representatives 5.San Beda College of Law MEMORY AID . and • actually/personally tilling the land or directly managing the farm  LANDS NOT COVERED: • livestock and poultry farms • those covered by homestead patents • residential subdivisions EMANCIPATION PATENT . Jasmine Isip. PROVIDED. 16. 1986)  ELEMENTS RECRUITMENT ACTIVITIES: OF & ENGAGING IN PLACEMENT These conditions must concur to constitute recruitment & placement: 1. IN 5 LABOR LAW CHAPTER I GENERAL PROVISIONS  ART. Emil Bien Ongkiko.The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. The proviso merely creates a presumption. prevent a return to the regime of land ownership by a few.  PROHIBITION AGAINST ALIENATION IS INTENDED TO: 1. contract services.Under Art. POEA or LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.(People vs Panis. locally or abroad. hiring or procuring workers.any member of the labor force.R.

 ADJUDICATORY FUNCTIONS OF THE POEA: 1.  WHERE TO FILE DISCIPLINARY ACTION CASES . 12. 9. 13. 17. principals. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance). and 2. (POEA)  The POEA has taken over functions of the OEDB & NSB. Jackie Lou Bautista (Legal Ethics) . Gambling.6 2005 CENTRALIZED BAR OPERATIONS 6. Desertion or abandonment. Unjust refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government agencies. & monitoring of overseas employment of Filipino workers 2. 5. Formulation. and 14. Yolanda Tolentino(VC-Acads). Violation of the laws and sacred practices of the host country and unjustified breach of government approved employment contract by a worker. Drug addiction or possession or trafficking of prohibited drugs. contracting partners and filipino migrant workers. 2. Gunrunning or possession of deadly weapons.Rule VII of Book VII of the POEA Rules provides that complaints for breach of discipline against a contract worker shall be filed with the Adjudication Office or Regional Office of the POEA. involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities. Drunkenness. as the case may be. RA 8042): -claims arising out of an employer-employee relationship or by virtue of any law or contract involving AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). 11. involving employers. The POEA may motu propio undertake disciplinary action against a worker for breach of discipline. Construction contractors if authorized by the DOLE and the Construction Industry Authority 7. Francis Benedict Réotutar (Labor Law). Members of the diplomatic corps (but hiring must also go through POEA) 8.  JURISDICTION TRANSFERRED TO THE LABOR ARBITERS OF THE NLRC (Sec. 10. Mark David Martinez (Criminal Law). especially where the laws of the host country prohibit intoxicating drinks. It shall establish a system of watching and blacklisting of overseas contract workers. Ronald Jalmanzar (Over-all Vice Chair).Disciplinary action cases and other special cases which are administrative in character. Elaine Masukat (VCEDP). Prostitution. RA 8042): 1. 3. 10. Other persons or entities as may be authorized by the DOLE Secretary.  ART. Commission of a felony punishable by the laws of the Philippines or by the host country. Creating trouble at the worksite or in the vessel. Jennifer Ang(VC. Romuald Padilla (Civil Law). Protection of their rights to fair and equitable employment practices 3. the  PRINCIPAL FUNCTIONS OF THE POEA: (FPD ) 1.  GROUNDS FOR DISCIPLINARY ACTION (Under the MWA of 1995. Initiating or joining a strike or work stoppage where the laws of the host country prohibit strikes or similar actions.All cases which are administrative in character. Vandalism or destroying company property. 7. especially where the laws of the host country prohibit the same. Theft or robbery. Embezzlement of company funds or of money and properties of a fellow worker entrusted for delivery to kins or relatives in the Philippines. Jinky Ann Uy (Remedial Law).Secretariat). 6. Deployment of Filipino workers through government-togovernment hiring  REGULATORY FUNCTION OF THE POEA: regulates private sector participation in the recruitment and overseas placement of workers through its licensing and registration system. 4. implementation. 8. Charmaine Torres (Taxation Law).

No. 5. Free Transportation from point of hire to site of employment and return.A. .R. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.The basis for the award of backwages is the parties’ employment contract. Sec 10. Emil Bien Ongkiko. et al. COMPROMISE AGREEMENT: Consistent with the policy encouraging amicable settlement of labor disputes.1995). G. 109808. . 2002). Vs. Jasmine Isip. 1. whether his salaries for the unexpired portion of his employment contract or 3 months’ salary for every year of the unexpired term whichever is less. employer will pay employee corresponding to the unexpired portion of the employment contract (Tierra Int’l Construction Corp.  RULE ON SIDE AGREEMENTS An agreement that diminishes the employee’s pay and benefits as contained in a POEA – approved contract is void. RA 8042 allows resolution by compromise of cases filed with the NLRC. Just causes for termination of the contract or of the services of the workers. VENUE: Money claims or claims for damages should be filed before the Regional Arbitration branch of the NLRC where the complainant resides or where the principal office of the respondent/employer is situated. the claim for unpaid salaries of overseas workers should be whichever is less between salaries for unexpired portion of the contract or 3 months for every year of the remaining unexpired portion of the contract (in case contract is one year or more) (Skippers Pacific. 1995 . Aug. Ma. Mar. 21. Workmen’s compensation benefits and war hazard protection.B. 8042.: SIGNING A SATISFACTION RECEIPT IS NOT A WAIVER. Kareen Faye Pioquinto .  MINIMUM REQUIREMENTS OR EMPLOYMENT CONDITIONS OF OVERSEAS EMPLOYMENT PRESCRIBED BY POEA : (GFF-JW-RAF) wages for regular working hours and overtime pay for services rendered beyond regular working hours in accordance with the standards established by the POEA. Cut-off date: JULY 15. SC clarified in the case of Marsaman Manning Agency vs. 4. This is evident from the words “for every year of the unexpired term” which follows the salaries x x x for three months.However.25.e. Inc.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).San Beda College of Law MEMORY AID Filipino workers for overseas deployment including claims for actual. Any agreement to receive less compensation that what the worker is entitled to recover is INVALID (MR Yard Crew Union vs. exemplary and other forms of damages. 127195. 3. Jr. Bonto-Perez. comes into play ONLY when the employment contract concerned has a term of at least 1 year or more.illegally dismissed employees are entitled to full reimbursement of his placement fee with interest at 12% per annum PLUS salary for unexpired portion of his employment OR for three (3) months for every year of the unexpired term whichever is less. Mira. RA 8042. HOWEVER. i. under R. at the option of the complainant. RULE: Termination before the agreed termination date based not on lawful or valid ground. unless such subsequent agreement is approved by POEA (Chavez vs.  N.” IN 7 LABOR LAW . NLRC) 2.Under Section 10. EDP’S: Jennifer Trinidad. moral. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Free emergency medical and dental treatment and facilities. vs. stipulating the wages and benefits. NLRC (G. PNR). Guaranteed 2.No. 1999) that “A plain reading of section 10 clearly reveals that the choice of which amount to award an illegally dismissed OCW. NOV.R. Elsa Villaflor(Labor Relations).1.  RULE ON PREMATURE TERMINATION OF CONTRACT 1.

the purpose of which is to reintegra te the returning migrant workers to the Philippin e society. and 8. 22. BAN ON DIRECT HIRING  GENERAL RULE: Direct hiring of Filipino workers by a foreign employer is NOT allowed. 18. 5. legal assistanc e. Joy Inductivo (VC-Finance). OWWAprovides social and welfare services including insuranc e coverage . 7.  RATIONALE OF THE PROHIBITION Filipino workers hired directly by a foreign employer without government intervention may not be assured of the best possible terms and conditions of work.  EXCEPTIONS: 1.DFA 2. such other employers as may be allowed by DOLE 2. international organizations. and c. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). the proper disposition thereof. Yolanda Tolentino(VC-Acads). Garny Luisa Alegre (Commercial Law).DOLE 3. Romuald Padilla (Civil Law).  ART. The foreign employer must also be protected as he may chance upon a Filipino worker who does not possess sufficient knowledge for which he is employed.Secretariat).8 2005 CENTRALIZED BAR OPERATIONS Repatriation of worker’s remains and properties in case of death to the point of hire. allowances or allotments to his beneficiaries. b. Jennifer Ang(VC. Jackie Lou Bautista (Legal Ethics) . Francis Benedict Réotutar (Labor Law). placeme nt assistanc e and remittan ce services to Filipino overseas workers. RePlaceme nt and Monitori ng Center (RPM)develops livelihoo d programs for the returning workers. Direct hiring by: a. Assistance on remittance of worker’s salaries. Ronald Jalmanzar (Over-all Vice Chair).It shall be mandatory for all Filipino workers abroad to remit a portion of AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). MANDATORY REMITTANCE OF FOREIGN EXCHANGE EARNINGS  MANDATORY REMITTANCE REQUIREMENTS: . Charmaine Torres (Taxation Law). AGENCIES GIVEN THE DUTY TO PROMOTE THE WELFARE AND PROTECT THE RIGHTS OF MIGRANT WORKERS: 1. 6.POEA 4. Jinky Ann Uy (Remedial Law). Free and adequate board and lodging facilities or compensatory food allowance at prevailing cost of living standards at the jobsite. the members of the diplomatic corps.  ART. NAME HIREES – individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation or any agency. or if this is not possible. Mark David Martinez (Criminal Law). Elaine Masukat (VCEDP).

and/or beneficiaries in the country.a minimum paid up capital of 2 million provided that in those with existing licenses shall. members of the board or partners. when any of its officers.LC). 3. Citizenship requirement (Art. LC) • For single proprietorship or partnership minimum capitalization of two (2) million. Those not otherwise disqualified by law or guidelines to engage in the 2. 25. 3. as the case maybe. ARE DISQUALIFIED FROM RECRUITMENT & PLACEMENT OF WORKERS FOR OVERSEAS EMPLOYMENT WHETHER FOR PROFIT OR NOT: 1. is also an officer. or corporations which have derogatory records. PRIVATE SECTOR PARTICIPATION IN THE RECRUITMENT AND PLACEMENT OF WORKERS Seamen or mariners Workers for Filipino contractors and construction companies Professionals whose employment contract provide for lodging facilities Professionals without board and lodging Foreign Exchange Remittance (% of the Basic salary) 80%  70%  QUALIFICATIONS FOR PARTICIPATION IN THE OVERSEAS EMPLOYMENT PROGRAM: 1. Elsa Villaflor(Labor Relations). Persons. to two million pesos at the rate of two hundred fifty thousand pesos (P250. member of the board or partner of a corporation engaged in the business of a travel agency (interlocking officers). 2. Corporations and partnerships. increase their capitalization or paid-up capital.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). • For corporations .San Beda College of Law MEMORY AID their foreign exchange earnings to their families.  THE FF. LABOR LAW COMMITTEE 70% 50% 50% Domestic and other service Workers agencies of airline companies (Art. -The POEA Rules (Book III. Rule VIII) prescribe the percentages of foreign exchange remittance ranging from 50% to 80% of the basic salary.such as but not limited to those directed to be included in  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.000) every year. Jr. dependents. Travel agencies and sales Nature of Job CHAPTER II REGULATIONS OF RECRUITMENT AND PLACEMENT ACTIVITIES ART.27. Jasmine Isip.26.LC) • Filipino citizens. partnerships or corporations • at least 75% of the authorized and voting capital stock of which is owned and controlled by Filipino citizens Capitalization (Art. Ma. depending on the worker’s kind of job. Emil Bien Ongkiko. Officers or members of the board of any corporation or members in a partnership engaged in the business of a travel agency. 28. EDP’S: Jennifer Trinidad. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. partnerships. IN 9 LABOR LAW recruitment and placement of workers for overseas employment. Kareen Faye Pioquinto . within 4 years from effectivity hereof. . 4.

R. undertake recruitment and placement activities only at their authorized official addresses. 90273-75. Jackie Lou Bautista (Legal Ethics) .  PURPOSE: (GE) 1. rules and regulations. .15. ART. Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law). they may be allowed to conduct provincial recruitment  - Fees paid shall always be covered with the appropriate receipt clearly showing the amount paid.  ART.Secretariat). Ronald Jalmanzar (Over-all Vice Chair). PD 442 as amended and their implementing rules and regulations as well as the Labor Code’s implementing rules and regulations and/or job fairs only upon written authority from POEA) Change of ownership or relationship of single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. BONDS .  ART. 32.No. Innocencio. G. FEES TO BE PAID BY WORKERS .1989) Cash bond filed by applicants for license or authority is not subject to garnishment by a judgment creditor of the agency.All applicants for license or authority shall post such cash and surety bonds as determined by the Sec.Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment though its efforts or has actually commenced employment.10 2005 CENTRALIZED BAR OPERATIONS the list of persons and entities issued by POEA pursuant to: a) those certified to have derogatory record or information by NBI or by the Anti-illegal Recruitment Branch of POEA those against whom probable cause or prima facie finding of guilt or illegal recruitment of other related cases exist those convicted for illegal recruitment or other related cases and/or crimes involving moral turpitude those agencies whose licenses have been previously cancelled or revoked by POEA for violation of RA 8042. nor may such license or authority be transferred. To ensure prompt and effective recourse against such companies when held liable for applicants or worker’s claim (Finman General Assurance vs. Yolanda Tolentino(VC-Acads). (Under existing regulations. Francis Benedict Réotutar (Labor Law). To guarantee compliance with prescribed recruitment procedures. b) c) d) 5. NON-TRANSFERABILITY OF LICENSE OR AUTHORITY No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority. conveyed or assigned to any other person or entity. Jennifer Ang(VC. Mark David Martinez (Criminal Law). Jinky Ann Uy (Remedial Law). suspend/cancel license 2. Licensees or holders of authority or their duly authorized representatives may as a rule. 29. and terms and conditions of employment as may be appropriate. 2.POEA: possesses the power to enforce liability under cash or surety bonds. or those whose license has been previously canceled or revoked (POEA Rules & Regulations governing the Recruitment & Employment of Land-Based Overseas Workers of 2002 ). of Labor. Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP). Romuald Padilla (Civil Law). 31. order the refund/reimbursement of such fees as may have been illegally collected AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).  POEA: has the power to: 1. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Persons employed in the Department of Labor or in other government agencies directly involved in overseas employment program and their relatives within the 4th degree of consanguinity or affinity. Nov.

Ma. 10. EDP’S: Jennifer Trinidad. award damages to repair the injury caused to the victim Private Fee Charging Employment Agency -any person or entity engaged in the recruitment and placement of workers for a fee which is charged directly or indirectly. IN 11 LABOR LAW  ART. 5. or holder of authority: 1. from the workers or employers or both. licensee. entity. 3.document issued by DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity (Art. To obstruct inspection by the Secretary of Labor or by his duly authorized representatives.a document issued by the DOLE authorizing a person or entity to operate a private employment agency. PRACTICES 34. or to make a worker pay any amount greater than that actually received by him as a loan or advance. Emil Bien Ongkiko. testimony. Incurring an accumulated three counts of suspension by an agency based on final and executory orders within the validity period of its license. To give any false notice. 2. CANCELLATION AUTHORITY SUSPENSION AND/OR OF LICENSE OR - “AUTHORITY” . 35. remittances of foreign exchange earnings. Elsa Villaflor(Labor Relations). information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. Kareen Faye Pioquinto . 6. 7. any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor. To engage in the recruitment or placement of jobs harmful to public health or morality or to the dignity of the Republic of the Philippines. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Violation/s of the conditions of license. To charge or accept. To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.13 f. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. To fail to file reports on the status of employment.  ART. 4.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 2.San Beda College of Law MEMORY AID 3. PROHIBITED  It shall be unlawful for any individual. 8. To substitute or alter employment contracts approved and verified by the DOLE from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor. To furnish or publish any false notice or information or document in relation to recruitment or employment. To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment. To become an officer or member of the Board of any corporation engaged directly or indirectly in the management of a travel agency. departures and such other matters as may be required by the Secretary of Labor.  GROUNDS FOR REVOCATION OF LICENSE: (IVEE) 1. LC) “LICENSE” . directly or indirectly. Jasmine Isip. To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency. placement. and 11. Jr. separation from jobs. vacancies. 9.

Rule2. Substituting or altering employment contracts. 3.5. transporting.12 2005 CENTRALIZED BAR OPERATIONS 3.The DOLE Secretary and the POEA Administrator exercise concurrent jurisdiction to suspend or cancel a license. promising or advertising for employment abroad. Mark David Martinez (Criminal Law). Charmaine Torres (Taxation Law).Any act of canvassing. contracting. or whose license or authority has been suspended. Diaz 259 SCRA 441 (1996) . vs. of Labor. revoked. Sec.  Recruitment and placement activities of agents or representatives appointed by a licensee. 34. (PP vs.No. RA 8042): a) Those prohibited practices enumerated under Art. b) Failure to actually deploy without valid reason as determined by DOLE. Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance). enlisting.109583. CHAPTER III MISCELLANEOUS PROVISIONS  ART. It shall likewise include the commission of the following prohibited acts whether committed by a nonlicensee or non-holder of authority or a licensee or holder of authority (Sec. Book IV.R. Elaine Masukat (VCEDP). it must be understood as referring to AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Publishing job announcements without the POEA’s prior approval. whether for profit or not when undertaken by a non-licensee or nonholder of authority. Sept. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). (TransAction Overseas Corp.Secretariat). When illegal recruitment is committed by a SYNDICATE if it is carried out by a group of three (3) or more persons more persons individually or as a group. Romuald Padilla (Civil Law). 4. 38.4. Francis Benedict Réotutar (Labor Law). hiring or procuring workers and includes referring contract services. and 5. Jennifer Ang(VC. Engaging in the recruitment or placement of workers to jobs harmful to the public health or morality or to the dignity of the Republic of the Philippines. Engaging in act/s of misrepresentation for the purpose of securing a license or renewal thereof. (Sec. Ronald Jalmanzar (Over-all Vice Chair). corporation or entity which has not been issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. Yolanda Tolentino(VC-Acads). ILLEGAL RECRUITMENT (as per RA 8042 otherwise known as the Migrant Workers’ Act of 1995)  QUALIFYING CIRCUMSTANCES THAT WOULD MAKE ILLEGAL RECRUITMENT AS AN OFFENSE INVOLVING ECONOMIC SABOTAGE: I.1997)  ILLEGAL RECRUITMENT . G. (POEA 2000 Rules)  GROUNDS FOR SUSPENSION/ CANCELLATION OF LICENSE: 1. and c) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment. Charging a fee before the worker is employed or in excess of the authorized amount. Doing recruitment in places outside its authorized area. 2. whose appointments were not previously authorized by the POEA shall likewise constitute illegal recruitment. Jinky Ann Uy (Remedial Law). or cancelled by the POEA and the Secretary. Jackie Lou Bautista (Legal Ethics) . in cases where the deployment does not actually take place without the worker’s fault. Deploying workers without processing through the POEA.6. PROVIDED that any such non-licensee or non-holder of authority who in any manner. 4. utilizing.any person. POEA Rules)  NON-LICENSEE OR NON-HOLDER OF AUTHORITY .

Sps Karl and Yolanda Reichl.San Beda College of Law MEMORY AID the number of complainants in each case who are complainants therein.39 e. VENUE OF ACTIONS RECRUITMENT - .27. 3.B. II.LC) conviction for the crime of estafa provided all the elements of the crime are present (PP vs Calonzo. Jasmine Isip. No. Jr. automatic revocation of the license or authority (Art39 e. IN 13 LABOR LAW  SUMMARY OF RULES ON PRESCRIPTIVE PERIOD & PENALTY: REGULAR ECONOMIC SABOTAGE 20 years ILLEGAL RECRUITMENT Prescriptive Period 5 years Imprisonment Fine Prision mayor 200T500T Life imprisonment 500T-1M These circumstances only qualify the offense. If an alien enters the country under a non-working visa and wishes to be employed thereafter. 2002). otherwise. w here the offense was committed. 7.: maximum penalty shall be imposed if the person illegally recruited is less than 18 years of age or committed by a non-licensee or nonholder of authority. whether on resident or non-resident status. Sept. TITLE II EMPLOYMENT OF NON-RESIDENT ALIENS  ART.115150-55. When illegal recruitment is committed in a LARGE SCALE • if it is committed against three (3) or more persons. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Ma. prosecutions for single crimes of illegal recruitment can be cumulated to make out a case of large scale illegal recruitment. • at the option of the complainant  Requirements before an alien can work in the Philippines: a) Work permit from DOLE . a conviction for large scale illegal recruitment must be based on a finding in each case of illegal recruitment of three or more persons whether individually or as a group (People vs. G . MAR. may enter the Philippines without first securing an employment permit from the DOLE (Bureau of Local Employment).  CONSEQUENCES OF CONVICTION: (AFC) 1.LC) forfeiture of the cash and surety bonds(Art. Emil Bien Ongkiko. 2. 40. or 2. 1996) ON ILLEGAL N. EDP’S: Jennifer Trinidad. he may only be allowed to be employed upon presentation of a duly approved employment permit. They do not define the offense themselves. In other words. EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS No alien seeking employment.R.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).RTC of the province or city: 1. Kareen Faye Pioquinto .BLE b) Working visa from Bureau of Immigration LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Elsa Villaflor(Labor Relations). where the offended party resides at the time of the commission of the offense.

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2005 CENTRALIZED BAR OPERATIONS

 REQUIREMENTS FOR EMPLOYMENT PERMIT APPLICATION (Section 5, LC Implementing Rules) The application for an employment permit shall be accompanied by the following: (a) Curriculum vitae duly signed by the applicant indicating his educational background, his work experience and other data showing that he possesses high technical skills in his trade or profession; (b) Contract of employment between the employer and the principal which shall embody the following, among others;
1)

1) elected board members in multinational companies 2) artists / athletes 3) missionaries 4) lecturers/ instructors / trainors 5) foreign technicians who install equipments UNDERSTUDY – any qualified Filipino citizen designated by a local employer to be trained by a foreign national allowed to work in the country by virtue of an employment permit granted him by the Secretary under an approved understudy training program (Implementing Rules, Book 1, Rule 1, Section 1[1]).  ISSUANCE OF EMPLOYMENT PERMIT (Section 6, LC Implementing Rules) - The Secretary of Labor and Employment may issue an employment permit to the applicant based on: a) Report of the Bureau Director as to the availability or non-availability of any person in the Philippines who is competent, able and willing to do the job for which the services of the applicant are desired at the time of application to perform the services for which the alien is desired; b) His assessment as to whether or not the employment of the applicant will redound to the national interest; c) Admissibility of the alien as certified by the Bureau on Immigration and Deportation; d) The recommendation of the Board of Investments or other appropriate government agencies if the applicant will be employed in preferred areas of investments or in accordance
AND

That the non-resident alien worker shall comply with all applicable laws and rules and regulations of the Philippines; That the non-resident alien worker and the employer shall bind themselves to train at least two (2) Filipino understudies for a period to be determined by the Secretary of Labor and Employment; and That he shall not engage in any gainful employment other than that for which he was issued a permit.

2)

3)

(c) A designation by the employer of at least two (2) understudies for every alien worker. Such understudies must be the most ranking regular employees in the section or department for which the expatriates are being hired. The employer shall submit a training program for his understudies to the Bureau within thirty (30) days upon arrival of the alien workers. Purpose of understudy: to ensure the actual transfer of technology. Instances where there is no need for employer to designate understudies:

-

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law
MEMORY AID with imperatives of economic developments; and e) Payment of a P100.00 fee. For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said enterprise.
IN

15 LABOR LAW

C. OTHER PROHIBITIONS 1. Aliens shall not transfer to another job or change his employer without prior approval of the secretary of Labor. 2. Non-resident alien shall not take up employment in violation of the provisions of the Code. - violations of the abovementioned acts will subject the alien to the punishment provided in Art 289 and 290 and shall subject the alien worker to deportation after service of sentence.

 DURATION OF EMPLOYMENT PERMIT (Section 7, LC Implementing Rules) - Subject to renewal upon showing of good cause, the employment permit shall be valid for a minimum period of one (1) year starting from the date of its issuance unless sooner revoked by the Secretary of Labor and Employment for violation of any of the provisions of the Code or of these Rules.  PROHIBITION AGAINST EMPLOYMENT OF ALIENS A. GENERAL RULE. - Foreigners may not be employed in certain nationalized business. - Section 2-A of the Anti-Dummy Law prohibits the employment of aliens in entities that own or control a right, franchise, privilege, property or business whose exercise or enjoyment is reserved by law only to Filipinos or to corporations or associations whose capital should be at least 60% Filipino-owned. B. EXCEPTIONS: 1. where the Secretary of Justice specifically authorizes the employment of technical personnel; 2. where the aliens are elected members of the board of directors or governing body of corporations or association in proportion to their allowable participation in the capital of such entities; (DOJ Opinion No.143)
LABOR LAW COMMITTEE

BOOK TWO
HUMAN RESOURCES DEVELOPMENT TITLE I NATIONAL MANPOWER DEVELOPMENT PROGRAM CHAPTER I NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION
ART. 43. STATEMENT OF OBJECTIVES OF NATIONAL MANPOWER DEVELOPMENT PROGRAM 1. to develop human resources; 2. to establish training institutions; and 3. to formulate such integrated plans, policies, & programs that will ensure efficient and proper allocation, development and optimum utilization of the nation's manpower, and thereby promote employment and accelerate economic and social growth.

 ART. 44. DEFINITIONS
a. MANPOWER - that portion of the nation’s population which has actual or potential capability to contribute

 HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

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2005 CENTRALIZED BAR OPERATIONS

directly to the production of goods and services. b. ENTREPRENEURSHIP - training for self-employment or assisting individual or small industries within the purview of Title II of the Labor Code.

c.

TITLE II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS CHAPTER I APPRENTICES
Types 1. 2. 3. of Special Workers: Apprentice Learner Handicapped e. d.

 ART. 57. STATEMENT OF OBJECTIVES FOR THE TRAINING & EMPLOYMENT OF SPECIAL WORKERS  The promotion, development, and maintenance of apprenticeship programs shall have the following objectives: (a) To help meet the needs or demands of the economy for trained manpower in the widest possible range of employment; (b) To establish a national apprenticeship program through the participation of employers, workers, government, civic and other groups; and (c) To establish apprenticeship standards for the protection of apprentices and upgrading of skills.  ART. 58. DEFINITION OF TERMS a. APPRENTICESHIP - practical training on the job supplemented by related theoretical instruction. APPRENTICE - a worker who is covered by a written apprenticeship agreement with an individual employer or any of

f.

the entities recognized under this chapter. APPRENTICEABLE OCCUPATION - any trade, form of employment or occupation which requires more than 3 months of practical training on the job supplemented by related theoretical instruction. APPRENTICESHIP AGREEMENT an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training. ON-THE-JOB TRAINING – practical work experience through actual participation in productive activities given to or acquired by an apprentice. HIGHLY TECHNICAL INDUSTRIES – a trade, business, enterprise, industry or other activity, which is engaged in the application of advanced technology. QUALIFICATIONS OF

 ART. 59. APPRENTICES

 Qualifications of an Apprentice: 1. at least 15 years of age; [provided that those who are at least 15 years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations and the apprenticeship agreement shall be signed in his behalf by the parent or guardian or authorized representative of DOLE] 2. possess vocational aptitude and capacity for appropriate tests; and 3. possess the ability to comprehend and follow oral and written instructions 4. The company must have an apprenticeship program duly approved by the DOLE.
[Note: The apprenticeable age under Art. 59 LC is 14 but it is 15 under the Implementing Rules. The question of variance is rendered moot and academic by RA 7610 which explicitly prohibits employment of children below 15 yrs. of age. RA 7610 recognizes certain exceptions, but being an apprentice is not one of the exceptions.]

b.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

AND

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

Every apprenticeship agreement shall be signed by the employer or LABOR LAW COMMITTEE  EXHAUSTION OF ADMINISTRATIVE REMEDIES: (Art. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.61. LC ) a. Such qualifications. Apprenticeship agreement duly executed and signed which shall contain the ff: (art.LC) decision of authorized agency of DOLE Within 5 days fr. Jasmine Isip. compensation which must not be less than 75% of the applicable minimum wage except on-the-job training (OJT)  ON-THE-JOB TRAINING OF APPRENTICES MAY BE UNDERTAKEN IN: (a) the plant. APPRENTICES EMPLOYMENT OF IN 17 LABOR LAW - his duly authorized representative and by the apprentice. EDP’S: Jennifer Trinidad. VENUE APPRENTICESHIP PROGRAMS  Qualifications for an Employer: . G. An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian.66. (b) the premises of one or several firms designated for the purpose by the organizer of the program if such organizer is an association of employers. and (c) DOLE Training Center or other public training institutions with which the Bureau has made appropriate arrangements. Sept. by an authorized representative of the DOLE. shall be the educational requirements for apprenticeship in such occupations unless waived by an employer in favor of an applicant who has demonstrated exceptional ability. VIOLATION APPRENTICESHIP AGREEMENT  OF Apprenticeship program duly approved by the DOLE ( Nitto Enterprises vs. SIGNING APPRENTICESHIP AGREEMENT OF  INVESTIGATION OF VIOLATION OF APPRENTICESHIP AGREEMENT: (Art. Period of apprenticeship shall not exceed 6 months 4. if approved. OF  ART.67. . ARTS.Only employers in highly technical industries may employ apprentices and only in apprenticeable occupations as determined by the Secretary of Labor.1995) [otherwise. Jr. 114337. 65-67. or if the latter is not available. 63.R. b.No. 29.e. recommend to the Secretary of Labor and Employment appropriate educational qualifications for apprentices in certain occupations. Kareen Faye Pioquinto .LC)  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).  REQUESITES FOR A VALID APPRENTICESHIP: 1.  APPEAL (Art.Action may be initiated upon complaint of any interested person or upon DOLE’s own initiative. receipt of decision Secretary of DOLE [Sec of DOLE’s decision is final & executory]  Who shall sign the Apprenticeship Agreement: .65.Either party to an agreement may terminate the same after the probationary period only for a valid cause.San Beda College of Law MEMORY AID  Trade and industry associations may. Qualifications of the apprentice 2. Elsa Villaflor(Labor Relations).  ART. 62. NLRC. Qualifications of the employer 3. Emil Bien Ongkiko. shop or premises of the employer or firm concerned if the apprenticeship program is organized by an individual employer or firm. there’s a possibility that apprentice may become a regular employee] 5.  ART. Ma. civic group and the like.LC) . the duration of apprenticeship which shall not exceed 6 months the wage rates below the legal minimum wage which in no case shall start below 75% of the applicable minimum wage in the place where he is working { i. 60.

Joy Inductivo (VC-Finance). CONCEPT Hiring of persons as trainees in semiskilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time. that such program is duly recognized by the Department of Labor: Provided. Francis Benedict Réotutar (Labor Law). finally. Romuald Padilla (Civil Law). Elaine Masukat (VCEDP).An additional deduction from taxable income of ½ of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). REMEDIES IN CASE OF BREACH OF CONTRACT SUBJECT CHAIRPERSONS  REQUISITES FOR TAX DEDUCTIONS IN CASE EMPLOYERS HAVE APPRENTICESHIP PROGRAMS: 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND Maricel Abarentos (Over-all Chairperson). ORGANIZATION PROGRAM  DURATION  GENERAL RULE: The organization of apprenticeship program shall be primarily a voluntary undertaking of employers. Jackie Lou Bautista (Legal Ethics) .18 2005 CENTRALIZED BAR OPERATIONS - - No person shall institute any action for the enforcement of any apprenticeship agreement or for damages for breach thereof. when national security or particular requirements of economic development so demand. and 3. unless he has exhausted all available administrative remedies. 71. ART. With a commitment to employ the learner as regular employee if he desires upon completion of learnership Learner is considered regular employee after 2 months of training and dismissal is without fault of learner Semiskilled/industrial occupation (nonapprenticeable) Not required ER’s COMMITMENT TO HIRE  No commitment to hire EFFECT OF PRETERMINATION Worker is not considered an employee FOCUS OF TRAINING Highly skilled or technical industries & in industrial occupation Requires DOLE approval for validity APPROVAL EXHAUSTION OF ADM. the deduction shall not exceed 10% of direct labor wage. the employer must pay his apprentices the minimum wage. Charmaine Torres (Taxation Law). 70. where services of foreign technicians are utilized by private companies in apprenticeable trades ART. DEDUCTIBILITY OF TRAINING COSTS . Jennifer Ang(VC. Yolanda Tolentino(VC-Acads). further. Ronald Jalmanzar (Over-all Vice Chair). 2.Secretariat). the program must be duly recognized by the Department of Labor. that such deduction shall not exceed ten percent (10%) of direct labor wage: And provided. The plant apprenticeship committee shall have initial responsibility for settling differences arising out of apprenticeship agreements. VOLUNTARY OF APPRENTICESHIP 1.  EXCEPTION: (Instances when organization of program is compulsory): 1. APPRENTICESHIP Not less than 3 months practical training on the job but not more than 6months Practical training on the job supplemented by related theoretical instruction LEARNERSHIP Practical training on the job not to exceed 3 months. Mark David Martinez (Criminal Law). 2. that the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage. Garny Luisa Alegre (Commercial Law). Jinky Ann Uy (Remedial Law). Provided.

But if he causes injury or damage to a third person. required by the school. Sec. APPRENTICES WITHOUT COMPENSATION  APPRENTICES MAY BE HIRED WITHOUT COMPENSATION WHERE TRAINING ON THE JOB IS: 1. 2. IAC.R.  LEARNERSHIP AGREEMENT . 14. a requisite for Graduation. the employment of learners being necessary to prevent curtailment - There is no employer-employee relationship between students on one hand. or 4. provided the students are given real opportunities. 2. It invokes a claim brought by one for damages for injury caused by the patently negligent acts of a person. against both doer-employee and his employer. WHEN LEARNERS MAY BE HIRED  CONDITIONS FOR HIRING LEARNERS: . 75112. no experienced workers are available. In other words. colleges or universities agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge. Book III. makes the distinction and so holds that Section 14. Jasmine Isip. 74.” (Filamer Christian Institute vs. the school may be held liable under the Civil Code. required by the Training Program Curriculum.  ART. Jr. An implementing rule on labor cannot be used by an employer as a shield to void liability under the substantive provisions of the Civil Code. 73. Elsa Villaflor(Labor Relations). (Rule X. Emil Bien Ongkiko. [G. Implementing Rules) “Section 14. the reliance on the implementing rule on labor to disregard the primary liability of an employer under Article 2180 of the Civil Code is misplaced. Kareen Faye Pioquinto . 3. LEARNERS DEFINED  LEARNERS . thus.persons hired as trainees in semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed 3 months. Book III of the Rules implementing the Labor Code was promulgated by the Secretary of Labor only for the purpose of administering and enforcing the provisions of the Labor Code on conditions of employment. Ma. The Court.]) CHAPTER II LEA RNE RS  ART. deal with a labor dispute on conditions of employment between an alleged employee and an alleged employer.San Beda College of Law MEMORY AID Precondition for filing action Not required IN 19 LABOR LAW  ART. Rule X. including such facilities as may be reasonable and necessary to finish their chosen courses under such agreement. Rule X. 1992.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).Learners may be employed when: 1. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. a requisite for Board Examination  LIABILITY OF A WORKING SCHOLAR . EDP’S: Jennifer Trinidad. No. The present case does not LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 72. and schools.Under this article the student is not considered an employee. August 17. Book III of the Rules is not the decisive law in a CIVIL SUIT for damages instituted by an injured person during a vehicular accident against a working student of a school and against the school itself. Hence. Rule X is merely a guide to the enforcement of the substantive law on labor.refers to the employment and training contract entered into between the employer and the learner.

DEFINITION  EQUAL OPPORTUNITY EMPLOYMENT ( SEC.There must be a link between the deficiency and the work which entitles the employer to lessen the worker’s wage. disease or illness.5 RA 7277) 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). and 3. 3. Ronald Jalmanzar (Over-all Vice Chair). to perform an activity in the manner or within the range considered normal for a human being. if he so desires. Romuald Padilla (Civil Law). it does not create unfair competition in labor costs or impair or lower working standards. handicapped workers may be hired as regular workers. Charmaine Torres (Taxation Law). as a regular employee upon completion of training. Elaine Masukat (VCEDP). Joy Inductivo (VC-Finance). . physical or sensory impairment.  ART. apprentices or learners IF their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they were hired. WHEN EMPLOYABLE  Handicapped employed when: workers may be 1. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). The wage of learner which shall be at least 75 percent of the applicable minimum wage. Jackie Lou Bautista (Legal Ethics) . CONTENTS LEARNERSHIP AGREEMENT  AGREEMENT SHALL INCLUDE : 1.  ART. 76. The occupation to be learned and the duration of the training period which shall not exceed three (3) months. 75. Subject to the provisions of the Code. Garny Luisa Alegre (Commercial Law). HANDICAPPED WORKER Art. 2. 79. FOR CHAPTER III HANDICAPPED WORKERS  ART. A commitment to employ the learner.20 2005 CENTRALIZED BAR OPERATIONS of employment opportunities.A learner who has worked during the first two months shall be deemed a regular employee if training is terminated by the employer before the end of the stipulated period through no fault of the learner. Francis Benedict Réotutar (Labor Law). OF  HANDICAPPED WORKERS . 78. Jennifer Ang(VC. The names and addresses of the employer and the learner. Mark David Martinez (Criminal Law). as a result of a mental.  ART.Secretariat). LEARNERS IN PIECEWORK . Yolanda Tolentino(VC-Acads). . 78. HANDICAPPED PERSON RA 7277 (Magna Carta for Disabled Persons) Those suffering from restriction or different abilities.Learners in piecework/incentive rate jobs are to be paid in full for the work done during the training period. and 4. Jinky Ann Uy (Remedial Law). their employment is necessary to prevent curtailment of employment opportunities 2.those whose earning capacity is impaired by age or physical or mental deficiency or injury. such employment will not create unfair competition in terms of labor costs nor impair working standards. LC Those whose earning capacity is impaired by age or physical or mental deficiency or injury.

Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).No disabled person shall be denied access to opportunities for suitable employment. Officers and members of the managerial staff 4.no minimum. handicapped workers may be hired as apprentices or learners. The rate of pay of the handicapped worker which shall not be less than seventy-five (75%) percent of the legal minimum wage. COVERAGE Title I. The names and addresses of the employer and the handicapped worker. no maximum duration. whether for profit or not EXCEPT the following employees: 1. The duration of the employment. Ma. Emil Bien Ongkiko. 3. EMPLOYMENT AGREEMENT CONTENTS AGREEMENT OF EMPLOYMENT IN 21 LABOR LAW BOOK THREE CONDITIONS OF EMPLOYMENT TITLE I WORKING CONDITIONS AND REST PERIODS CHAPTER I HOURS OF WORK  ART. weekly rest periods. Managerial employees 3. Jr. Field personnel 5.  Subject to the appropriate provisions of this Code. The nature of work to be performed by the handicapped worker. benefits. Government employees 2. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. service incentive leaves and service charges. fringe benefits. 82. 2. and 4. privileges.  Duration of employment . Kareen Faye Pioquinto . Book III of the Labor Code dealing with hours of work. incentives or allowances as a qualified able-bodied person. Dependent on agreement but it is necessary that there is a specific duration. holidays. Even a handicapped worker can acquire the status of a regular employee. Jasmine Isip.  ART. 80. Qualified disabled employees shall be subject to the same terms and conditions of employment and the same compensation. Persons on the personal service of another 8. Domestic helpers 7. Workers paid by result An employer who hires a handicapped worker shall enter into an employment agreement with the latter which shall include: 1. Members of the family of the employer who are dependent on him for support 6. covers all employees in all establishments. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID .

experience or knowledge. Yolanda Tolentino(VC-Acads). is based (VCEDP). Mark David Martinez (Criminal Law). Value of their work can’t those whose one who is vested be measured in primary duty with powers or terms of hours.1992) reasonably and to other assign or discipline ascertained. discharge. No. would be grossly managerial staff unfair to require the employer to pay them benefits such Supervisors are does not include as overtime members of the supervisors compensation. Romuald on Charmaine Torres (Taxation Law). – because they are employed by reason Used only for Used only for of their special purposes of Book V purposes of Book III training. accomplished and Mangundayao (Political Law). TYPE OF EMPLOYEE GOVERNMENT EMPLOYEES (including those employed in GOCCs not incorporated under the Corpo. Employees vs.Secretariat). Elaine Masukat on the work paid BY RESULTS. consists of the prerogatives to lay NON– because they are management of the down and execute AGRICULTURAL on their own in the establishment in management FIELD PERSONNEL field and the number which they are policies and /or to (Union of Filipino of hours of actual employed or of a hire. cannot be subdivision thereof recall. Vivar. 79255. lay-off.R. Joy Inductivo (VC-Finance). transfer. Jennifer Ang(VC. holidays DOMESTIC HELPERS – terms and ⋅ night shift differential pay and persons in the conditions of ⋅ holiday pay personal service of employment are another governed by the ⋅ service incentive leave provisions of Chapter ⋅ service charges.rates or task piece Garny Luisa Alegre (Commercial not on the time they Law).22 2005 CENTRALIZED BAR OPERATIONS MANAGERIAL EMPLOYEES LABOR STANDARDS Article 82 MANAGERIAL EMPLOYEES . it members of the employees.Importance of determining the existence of employer-employee relationship: Labor standards and conditions apply only if there is E-E relationship. Anna Margarita Eres (VC-Logistics) Jonathan such as those Padilla (Civil Law). Ronald Jalmanzar (Over-all Vice Chair). CHAIRPERSONS Workers who are – their compensation Maricel Abarentos (Over-all Chairperson). Title III of the 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT present Book. Jackie Lou Bautista (Legal Ethics) basis spend in accomplishing the work. G. rules and regulations. Jinky Ann Uy (Remedial Law). Francis Benedict Réotutar (Labor Law). January 22. managerial staff MEMBERS OF THE – the amounts given FAMILY of the by the employer by employer who are way of support may dependent upon him far exceed the for support benefits to which The aforementioned employees are not the employee is entitled to: entitled under the ⋅ overtime pay provisions of the ⋅ premium pay for rest days and Title. work they render department or suspend. III. Article 212 (m) .Code) MANAGERIAL EMPLOYEES REASON WHY NOT COVERED – because terms and conditions of employment are governed by Civil Service Law.

it shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of unfair labor practice IF he has not obtained any other 1. a person working for salary or wages . 83. and 4. convenience or safety of the employer. NORMAL HOURS OF WORK The normal hours of work of an employee shall not exceed 8 hours a day. and whose actual hours of work in the field cannot be determined with reasonable certainty.  FIELD PERSONNEL . those which have original charters. one for whom employees work and who pays their wages or salaries.San Beda College of Law MEMORY AID  ELEMENTS OF EMPLOYER-EMPLOYEE RELATIONSHIP: (Enero vs. 22. Substantially equivalent and 2. IN 23 LABOR LAW  WORKERS PAID BY RESULT those who are paid based on the work completed and not on the time spent in working. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. DOMESTIC HELPERS/ PERSONS RENDERING PERSONAL SERVICES . power of dismissal. Jan.It is not prohibited to have “normal hours of work” of less than LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. G. PURPOSES OF THE PROVISIONS GOVERNING HOURS OF WORK: 1.one who employs the services of others.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 120969. Their work hours.  EMPLOYEE .  WORKERS PAID ON PIECE-RATE BASIS . Health personnel in government service are excluded from the coverage of Arts.shall not be limited to the employees of a particular employer. as well as the members of the employer’s household. Regular employment “CONTROL TEST” refers to the employer’s power to control or right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished.those who: 1.one who works for an employer.those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated.82-96. 1998) 1. or 2. NLRC. i.nonagricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer. 2. This last element is the most important index of the existence of the relationship  GOVERNMENT EMPLOYEES refers only to employees of government agencies. control test  EMPLOYER . Jasmine Isip.They work away from direct supervision of the employer. Kareen Faye Pioquinto . to minimize unemployment by utilizing different shifts - NOTES: . No. . perform services in the employer’s home which are usually necessary and desirable for the maintenance or enjoyment thereof. the payment of wages. Elsa Villaflor(Labor Relations). without regard to the time spent in producing the same. Emil Bien Ongkiko. Ma. instrumentalities or political subdivisions and of government corporations that are NOT incorporated under the Corporation Code. night shift differential pay.e.. minister to the personal comfort. and other employment benefits are specified in RA 7305. EDP’S: Jennifer Trinidad.R. 3. selection and engagement of the employee.  ART. to safeguard the health and welfare of the laborer and 2. Jr.

The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered time worked either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest. HOURS WORKED HOURS WORKED SHALL INCLUDE: 1. the employee is required or engaged by the employer to wait AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Romuald Padilla (Civil Law).considered as hours worked if waiting: 1. meal period of less than twenty(20) minutes. may rest completely and may leave his workplace. to go elsewhere whether within or outside the premises of his workplace. WAITING TIME .m. 84. or the employee could not abandon his work at the end of his normal working hours because he had no replacement. Jackie Lou Bautista (Legal Ethics) . it being enough that he stops working. or it benefited the employer. 8-hour labor law prescribes the maximum but not the minimum. all time during which an employee is suffered or permitted to work. regardless of whether or not such hour are spent in productive labor or involve physical or mental exertion. What the law regulates is work hours exceeding eight. is an integral part of his work. 2. All hours are hours worked which the employee is required to give to his employer. • in case of exigencies. his work day covers 2 calendar days. it becomes only a rest  RULES ON HOURS OF WORK A. part-time work. An employee need not leave the premises of the workplace in order that his rest period shall not be counted. Jennifer Ang(VC. If X’s work schedule is from 10 pm of Monday up to 6 a. It is possible for an employee to work for 2 calendar days. Francis Benedict Réotutar (Labor Law). rest periods of short duration during working hours 4. Yolanda Tolentino(VC-Acads). or 2. Garny Luisa Alegre (Commercial Law). Jinky Ann Uy (Remedial Law). Ronald Jalmanzar (Over-all Vice Chair). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).g. Therefore. OF WORK OF period and is thus considered as work time PRINCIPLES IN DETERMINING HOURS WORKED: (Rule 1. 4. Book II. exclusive of time for meals.24 2005 CENTRALIZED BAR OPERATIONS 8hours/day. If the work performed was necessary.Secretariat). Implementing Rules) 1.)  ART. or a day’s work of less than 8 hours is not prohibited. Mark David Martinez (Criminal Law). all time spent for such work shall be considered as hours worked if the work is with the knowledge of his employer or immediate supervisor. Joy Inductivo (VC-Finance). 3. and 3. - (e. but they shall be entitled to an additional compensation of at least 30% of their regular wage for work performed on the 6th day. or 40 hours a week.  NORMAL HOURS HEALTH PERSONNEL - For health personnel in cities and municipalities with a population of at least 1M or in hospitals and clinics with a bed capacity of at least 100: • regular office hours shall be 8 hours a day for five days a week. they may work for 6 days or for 48 hours. 2. of Tuesday. all time during which an employee is required to be on duty or to be at a prescribed workplace. Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP).

controlled or required by employer . EDP’S: Jennifer Trinidad. - B. Stiller works as a Partas Trans bus driver. He is completely relieved from all duty until 6pm. he is not considered working while on call. Affleck works as a driver and his task is to drive a truck to Naga to load gravel and sand. the time spent on travel is compensable Considered as work time when it cuts across an employee’s workday (because it substitutes for the hours that the employee should have been in the office.Summary of Rules TRAVEL TRAVEL FROM THAT IS HOME TO ALL IN WORK DAYS WORK TRAVEL AWAY FROM HOME e. 2. While gravel is being loaded. e. Jr. he is LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. His route is from Vigan to Baguio. Travel that keeps an employee away from home overnight WORKING WHILE ON CALL when employee is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose. Is the time spent playing and sleeping compensable? Yes because he is engaged to wait No because during for waiting is an his idle time. Generally: not compensable Exception: where the worker is made to work on an emergency call and travel is necessary in proceeding to the workplace. Ma. Is his idle time working time? . e. he engaged himself in a mahjong session and then slept. if he is not required to leave word at his home or with company officials where he may be reached.g. are pursued necessarily and primarily for the employer’s benefit *preliminary: before work. He is merely  ASST. TRAVEL TIME . OT ENGAGED TO WAIT When waiting is an integral part of the job. Maria Fe Taal (Special Laws)  EDP: Flora Sherry job. However. Emil Bien Ongkiko.San Beda College of Law MEMORY AID Normal travel from home to work which is not work time The time spent by an employee in travel as part of his principal activity. the time spent waiting is compensable WAITING TO BE ENGAGED Idle time is not working time. preparation for business presentations * postliminary: after actual work. leaving at 6am and arriving at 12nn. when he again goes on duty for the return trip to Vigan. relieved from all Basquiñez duty. like travel from jobsite to jobsite during the workday Compensable and must be counted as hours worked IN 25 LABOR LAW 3. e. Jasmine Isip. PRELIMINARY ACTIVITIES - & POSTLIMINARY compensable when: 1. Kareen Faye Pioquinto waiting to be engaged.g. C.g. it is not compensable. Elsa Villaflor(Labor Relations).  SUBJECT HEADS: Aimee Roselle integral part of the specifically Sabilala(Labor Standards). when employee is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose.g.

Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). where the lunch period or meal time is predominantly spent for the employer’s benefit or 2. where it is less than 60 minutes.Only for regular full-time teachers (Univ. such time is compensable. In travel away from home.: In Travel from home to work. Feb. Jennifer Ang(VC.Mealtime is not compensable EXCEPT in the ff. WORK HOURS OF SEAMEN presence on board for more than 8 hours a day is required by the nature of their service. REQUISITES: 1. b. attendance is outside of the employee’s regular working hours.compensable hours worked for it is a form of interruption beyond their control. A ctual rendition of overtime work 2. the employee went home. 2. Elaine Masukat (VCEDP). 3.26 2005 CENTRALIZED BAR OPERATIONS N. G. Ronald Jalmanzar (Over-all Vice Chair).  SHORTENED MEAL BREAK UPON EMPLOYEES’ REQUEST Employees may request that their meal period be shortened so that they can leave work earlier than the previously established schedule. of Pangasinan Faculty Union vs. . succeeding minutes not compensable . cases: 1. and is time-off/noncompensable. The work of the employees does not involve strenuous physical exertion AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). 2. Charmaine Torres (Taxation Law). NOTE: the employee must be completely relieved from duty. D. Univ. if same is via shuttle service sponsored by the company.Secretariat). only the travel to the warehouse is considered as hours worked. b. however. but should not be less than twenty (20) minutes and must be with full pay. employee does not perform any productive work during such attendance. under specified cases. and c. - Conditions to be satisfied before a seaman be entitled to overtime pay: 1. 1st 20 minutes is compensable. Garny Luisa Alegre (Commercial Law). Romuald Padilla (Civil Law). if less than twenty(20) minutes. may be less than sixty (60) minutes. 3. 1984) F. Submi ssion of sufficient proof that said work was actually performed  ART. . 85. it becomes only a rest period and is thus considered as work time. employees voluntarily agree in writing to a shortened meal period and are willing to waive the overtime pay for such shortened meal. Jackie Lou Bautista (Legal Ethics) . of Pangasinan. PROGRAMS – not counted as working time if all the following conditions are met: a. Joy Inductivo (VC-Finance). if instruction was given by the employer to the employee to go to a warehouse and to go back to the main office afterwards. Yolanda Tolentino(VC-Acads). There will be no diminution whatsoever in the salary and other fringe benefits of the employees existing before the affectivity of the shortened meal period.B. LECTURES. Otherwise. Francis Benedict Réotutar (Labor Law).but if despite the lapse of the 1st 20 minutes the employees are required to stay in their workplaces. travel time is not compensable because service is for the benefit of the employee. TRAININGS. MEAL PERIODS  MEAL PERIODS 1. E. POWER INTERRUPTIONS a. the time traveled is considered as hours worked. attendance is in fact voluntary. if instead of going back to the office. 20. should not be less than sixty (60) minutes. SEMESTRAL BREAK OF TEACHERS . Mark David Martinez (Criminal Law). MEETINGS. it is compensable as hours worked. Jinky Ann Uy (Remedial Law).

Kareen Faye Pioquinto .additional compensation of not less than ten percent (10%) of an employee’s regular wage for every hour of work done between 10:00 PM and 6:00 AM.g. G. (10% x P125) x 2 hours= COMPUTATION: 8am-5pm 8hrs x P100.12mn .  FORMULA ‫ %01([ ﻤ‬x regular wage per hour) x no. P800 / 8 hrs. of hours of work performed between 10pm-6am) e.g. Ma. NIGHT SHIFT Step 3: compute NSD IN 27 LABOR LAW . The value of benefits is equal to the compensation due them for the shortened meal period. DIFFERENTIAL 86.of OT hours (5pm-12mn)x 7hrs -------Step 4: compute NSD P875 . Jasmine Isip. 8hrs x P100 = P800 OVERTIME PAY LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.197)  ART. (10% x P100) x 4 hours COMPUTATION: 6am-10pm 4hrs x P100 10pm-2am NSD Pay 4hrs x P100 4hrs x P 10 =P40 P400 400 40 -----------P840 Total wage earned SAMPLE ILLUSTRATION NO. of hours of work performed between 10pm-6am) e. The arrangement is of temporary duration.of OT hours e. Emil Bien Ongkiko. NOT WAIVABLE – Additional compensation for nighttime work is founded on PUBLIC POLICY (Mercury Drug vs Dayao. EDP’S: Jennifer Trinidad.g.Daily Wage divided by number of hours worked Step 2: compute wage between 8:00pm -5:00 am e.R.San Beda College of Law MEMORY AID and they are provided with adequate coffee breaks. ( BWC-WHSD Opinion N0.g.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 6. L-30452. 1 : Daily Wage : Work Schedule: P800 6:00pm – 2:00 am Step 1: get hourly wage rate e. then the 10% night shift differential should be based on the overtime rate. Jr. Elsa Villaflor(Labor Relations). Sept.g. whether or not such period is part of the worker’s regular shift. (25% x P100)+100 = P125 x no.00 NSD Pay 2hrs x P 12.(10% of OT wage per hour x no.Daily Wage divided by number of hours worked e. P800 / 8 hrs. 4. Overtime pay will become due and demandable if ever they are permitted or made to work beyond 4:30 pm.g. 5.00 5pm-12mn 7hrs x P125. of hours of work performed between 10pm-6am] SAMPLE ILLUSTRATION NO. 8hrs x P100 = P800 Step 3: compute OT Premium Pay between 5:00pm . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.1982). 30.50 Total wage earned NSD P24 P800 875 24 -----------P1699 Step 1: get hourly wage rate . = P100 . . = P100 Step 2: compute wage between 6:00pm -2:00 am e.[(25% x Wage per hour) + Wage per hour] x no.if work done between 10 PM and 6 AM is overtime work.(10% of regular wage per hour x no.g. 2 : Daily Wage : Work Schedule: OT : P800 8:00am – 5:00 pm 5:00pm – 12:00 mn  CONCEPT OF NSD .

4. so long as it is within the work day. There will be no diminution of the weekly or monthly take-home pay and fringe benefits of the employees. 3.g. OVERTIME WORK  OVERTIME PAY additional compensation for work performed beyond eight (8) hours within the worker’s 24-hour workday regardless whether the work covers 2 calendar days. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).L11876.No. Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP).R.As a rule. Garny Luisa Alegre (Commercial Law). G. when the waiver is made in consideration of benefits and privileges which may be more than what will accrue to them in overtime pay (Meralco Workers Union vs. and AND NOTE: The receipt of overtime pay will not preclude payment of night shift differential pay.1959) 2. 2.. .Secretariat). Ronald Jalmanzar (Over-all Vice Chair). 5. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). The work does not involve strenuous physical exertion and employees must have adequate rest periods. Jennifer Ang(VC.  ART. the workday is from 8am today up to 8 am tomorrow. Yolanda Tolentino(VC-Acads). Joy Inductivo (VC-Finance). 87.allowable only under the following CONDITIONS: 1. compressed workweek proposed by employees . no waiver of overtime pay whether express or implied. Meralco. Any contrary stipulation is null and void. - - PREMIUM PAY .  WORK DAY -the 24-hour period which commences from the time the employee regularly starts to work. Overtime work performed on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 30% thereof. e. Jackie Lou Bautista (Legal Ethics) .  WAIVER OF OVERTIME PAY: . Mark David Martinez (Criminal Law). Romuald Padilla (Civil Law). May 29. Francis Benedict Réotutar (Labor Law).is additional compensation for work rendered by the employee on days when normally he should not be working such as special holidays and weekly rest days. as it is intended to benefit laborers and employees. if the worker starts to work 8 am today. Jinky Ann Uy (Remedial Law).The minimum normal working hours fixed by law need not be continuous to constitute the legal working day. Exceptions: 1. It is voluntary on the part of the worker. The value of the benefits that will accrue to the employees under the proposed schedule is more than or at least commensurate with the onehour OT pay that is due them during weekdays based on the employee’s quantification. The employee is paid for the overtime work on additional compensation equivalent to his regular wage plus at least 25% thereof. The one-hour OT pay will become due and payable if they are made or permitted to work on a day not scheduled for work on the compressed workweek.28 2005 CENTRALIZED BAR OPERATIONS Payment for Payment for the work done during excess of the regular the night (10:00pm-8-hr work 6am) 10 % of basic wage 25% or 30% of basic wage RATIONALE: The employee is given OT pay because he is made to work longer than what is commensurate with his agreed compensation for the statutorily fixed or voluntarily agreed hours of labor he is supposed to do.

The arrangement is temporary duration.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).  BASIS OF OT: Regular Basic Wage : includes cash wage only. work is not required for the employee to be entitled to overtime pay.90. of IN 29 LABOR LAW  FACTUAL & LEGAL BASIS FOR CLAIM As a Rule: Express instruction from the employer to the employee to render overtime work is not required for the employee to be entitled to overtime pay. Jasmine Isip. P800 / 8 hrs.00 Total Take Home Pay P625 P800 625 -----------P1.  ILLUSTRATION : 1.San Beda College of Law MEMORY AID 6. Ma. EDP’S: Jennifer Trinidad.g. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.) x 200% = P200 Step 2: compute wage between 8:00pm -5:00 pm using holiday wage rate LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.[(25% x Wage per hour) + Wage per hour] x no.425 2. without any deduction on account of facilities provided by the employer (Art.Daily Basic Wage divided by number of hours worked multiplied by regular holiday wage rate e.of OT hours e.g. Get hourly wage rate .Work performed beyond 8 hours a day must be paid an additional compensation equivalent to the employee’s regular wage plus at least 25% thereof. Kareen Faye Pioquinto .Daily Basic Wage divided by number of hours worked N.g.Work performed beyond 8 hours on a holiday or rest day shall be Daily Wage : Work Schedule: OT : P 800 8:00am – 5:00 pm (inclusive of 1 hour meal break) June 12 (Independence day) 5:00pm – 10:00 pm e.LC)  RULES: .00 5pm-10pm 5hrs x P125. (25% x P100)+100 = P125 x no. It is sufficient that the employee is permitted or suffered to work. REGULAR WORKDAYS Regular basic wage + 25% of regular basic wage Daily Wage : P 800 Work Schedule: 8:00am – 5:00 pm (inclusive of 1 hour meal break) OT 5:00pm – 10:00 pm Step 1.of OT hours (5pm-10pm)= 5hrs -----------COMPUTATION: 8am-5pm 8hrs x P100. = P100 Step 2: compute wage between 8:00am -5:00 pm e. Jr.B. (P800 / 8 hrs. Elsa Villaflor(Labor Relations). 8hrs x P100 = P800 Step 3: compute OT Premium Pay between 5:00 pm– 10pm .: Meal periods during overtime work is not given to workers performing overtime for the reason that OT work is usually for a short period ranging from one to three hours and to deduct from the same one full hour as meal period would reduce to nothing the employee’s OT work. Express instruction from the employer to render overtime . Emil Bien Ongkiko. LEGAL OR REGULAR HOLIDAYS Holiday wage rate + 30% of holiday rate (200%) Step 1: get hourly wage rate paid an additional compensation equivalent to the rate for the first 8 hours on a holiday or rest day plus 30% thereof.g. .

of OT hours e.Daily Basic Wage divided by number of hours worked multiplied by special holiday wage rate e. 8hrs x P150 = P1200 Step 3: compute OT Premium Pay between 5:00 pm– 10pm .Secretariat). Francis Benedict Réotutar (Labor Law).[(30% x HWage per hour) + HWage per hour] x no.00 Total Take Home Pay P 975 P 1200 975 -----------P2. (P800 / 8 hrs) x 130% = P130 Step 2: compute wage between 8:00am -5:00 pm using special holiday wage rate e. of OT hours Step 1: get hourly wage rate . 8hrs x P130 = P1040 Step 3: compute OT Premium Pay between 5:00 pm– 10pm .30 2005 CENTRALIZED BAR OPERATIONS e. Jinky Ann Uy (Remedial Law).special holiday) 5:00pm – 10:00 pm Step 1: get hourly wage rate .g. Jackie Lou Bautista (Legal Ethics) . Joy Inductivo (VC-Finance).of OT hours -----------COMPUTATION: 8am-5pm 8hrs x P150. REST DAYS OR SPECIAL HOLIDAYS Rest day or special holiday wage rate + 30% of rest day or special holiday wage rate (130%) Daily Wage : Work Schedule: OT : P 800 8:00am – 5:00 pm (inclusive of 1 hour meal break) June 24 ( Q.of OT hours (5pm-10pm) = 5hrs COMPUTATION: 8am-5pm 8hrs x P200. Elaine Masukat (VCEDP).Daily Basic Wage divided by number of hours worked multiplied by rest day & special holiday wage rate e.g. Romuald Padilla (Civil Law). Jennifer Ang(VC.885 P 845 5. DOUBLE HOLIDAY Double holiday wage rate + 30% of Double holiday wage rate (300%) Daily Wage : Work Schedule: OT : P 800 8:00am – 5:00 pm (inclusive of 1 hour meal break) April 9 (Araw ng Kagitingan & at the same time Good Friday) 5:00pm – 10:00 pm SUBJECT CHAIRPERSONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND Maricel Abarentos (Over-all Chairperson).00 Total Take Home Pay P 1040 845 -----------P1.g.g. Yolanda Tolentino(VC-Acads). of OT hours (5pm-10pm)= 5hrs e. (30 % x P130)+130 = P 169 x no.900 3.C. (30 % x P150)+150 = P 195 x no. SCHEDULED REST DAY WHICH IS ALSO A SPECIAL HOLIDAY Rest day & special holiday wage rate + 30% of rest day & special holiday wage rate (150%) Daily Wage : Work Schedule: OT P 800 8:00am – 5:00 pm (inclusive of 1 hour meal break) June 6 ( Araw ng Caloocan special holiday coinciding w/ employee’s scheduled rest day) 5:00pm – 10:00 pm Step 3: compute OT Premium Pay between 5:00 pm– 10pm .g.[(30% x Wage per hour) + Wage per hour] x no. Charmaine Torres (Taxation Law).g.g. 8hrs x P200 = P1600 4. Ronald Jalmanzar (Over-all Vice Chair).g.00 5pm-10pm 5hrs x P260. day .00 5pm-10pm 5hrs x P195.175 e.of OT hours (5pm-10pm) = 5hrs -----------COMPUTATION: 8am-5pm 8hrs x P130. Mark David Martinez (Criminal Law). Garny Luisa Alegre (Commercial Law). (P800 / 8 hrs) x 150% = P150 Step 2: compute wage between 8:00am -5:00 pm using special holiday wage rate e. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). (30 % x P200)+200 = P 260 x no.00 Total Take Home Pay -----------P1300 P 1600 1300 -----------P2.[(30% x HWage per hour) + HWage per hour] x no.00 5pm-10pm 5hrs x P169.

or other disaster or calamity. When work is necessary to prevent loss or damage to perishable goods.Daily Basic Wage divided by number of hours worked multiplied by rest day & special holiday wage rate IN 31 LABOR LAW ART. 4. .  RATIONALE . earthquake. (P800 / 8 hrs) x 300% = P300 Step 2: compute wage between 8:00am -5:00 pm using special holiday wage rate e. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. fire. 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 2. When the country is at war or when any national or local emergency has been declared by the National Assembly or the Chief Executive. employers can not compel his workers to render overtime work against his will. EDP’S: Jennifer Trinidad. • in any of the foregoing cases. Emil Bien Ongkiko.g. epidemic. and 6. .g.[(30% x HWage per hour) + HWage per hour] x no.Undertime work on any particular day shall not be offset by overtime work on any other day. EXCEPTION: . the employer may require the employee to render OT work provided that the OT work is paid the additional compensation required. 88. of OT hours e. Jasmine Isip. 89. When it is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation. Jr. flood.An employee’s regular pay rate is lower than the overtime rate. Elsa Villaflor(Labor Relations). in order to avoid serious loss or damage to the employer or some other cause of similar nature. UNDERTIME NOT OFFSET BY OVERTIME RULE : .g. Offsetting the undertime hours against the overtime hours would result in undue deprivation of the employee’s extra pay for overtime work. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. When there is urgent work to be performed on machines.00 5pm-10pm 5hrs x P390.Any employee may be required by the employer to perform overtime work in any of the following cases: 1. EMERGENCY OVERTIME WORK  e. or equipment.San Beda College of Law MEMORY AID Step 1: get hourly wage rate .00 Total Take Home Pay P 2400 1950 -----------P4. installations. Where the completion or continuation of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. typhoon. Kareen Faye Pioquinto . 8 hrs x P300 = P2400 Step 3: compute OT Premium Pay between 5:00 pm– 10pm GENERAL RULE : . Ma. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents. 5. (30 % x P300)+300 = P 390 x no.350  ART. of OT hours (5pm-10pm) = 5hrs -----------P 1950 COMPUTATION: 8am-5pm 8hrs x P300.Generally.

Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance). or imminent danger to public safety.32 2005 CENTRALIZED BAR OPERATIONS ART. Under other circumstances analogous to the foregoing as determined by the Secretary of Labor. Francis Benedict Réotutar (Labor Law). 2. epidemic. fire. or other disaster or calamity to prevent loss of life and property. Jackie Lou Bautista (Legal Ethics) . In the event of abnormal pressure of work due to special circumstances. Ronald Jalmanzar (Over-all Vice Chair). 5. and 4. However. the employer may so schedule the weekly rest day that meets the employee’s choice for at least two (2) days a month. without deduction on account of facilities provided by the employer. SUNDAY OR HOLIDAY WORK this article does not prohibit a stipulation in the CBA for higher benefits  SPECIAL HOLIDAYS . flood. All Saint’s DayNovember 1 2. equipment. COMPENSATION FOR REST DAY. Romuald Padilla (Civil Law). Charmaine Torres (Taxation Law).Employees should be provided a rest period of not less than twenty four (24) consecutive hours after every six (6) consecutive normal work days. 1. But when such preference will prejudice the operations of the undertaking and the employer cannot normally result to other remedial measures. WHEN EMPLOYER MAY REQUIRE WORK ON A REST DAY  GENERAL RULE: It shall be the duty of every employer. Last Day of the YearDecember 31 AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer.Secretariat). . . Mark David Martinez (Criminal Law).  ART.For purposes of overtime and other remunerations. earthquake. RIGHT TO A WEEKLY REST DAY  CONCEPT OF REST DAY . EXCEPTION: (UPANAC) The employer may require his employees to work on any day even on a rest day: 1. The employer shall schedule the weekly rest day of his employees subject to collective bargaining agreement. 3. To prevent loss or damage to perishable goods. whether operating for profit or not to provide a rest period of not less than twenty four (24) consecutive hours after every six (6)  ART. Yolanda Tolentino(VC-Acads). typhoon. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).REGULAR WAGE shall include cash wage only. In cases of urgent work to be performed on the machinery.Weekly Rest period is within the purview of employer’s prerogative. the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. Jennifer Ang(VC. COMPUTATION ADDITIONAL COMPENSATION  OF consecutive normal work days to his employees. 91. computing additional . 92. Jinky Ann Uy (Remedial Law). to avoid serious loss which the employer would otherwise suffer.List of Special Holidays National. Elaine Masukat (VCEDP). In case of actual or impending emergencies caused by serious accident. where the employer cannot ordinarily be expected to resort to other measures. or installation. 90. CHAPTER II WEEKLY REST PERIOD  ART. 93.

Independence Day . Ma. New Year’s Day January 1 2. Jr.  PREMIUM PAY additional compensation for work performed on a scheduled rest day or holiday Not compensable if unworked limited to the 10 Not exclusive since a enumerated by law or ordinance may the Labor Code provide for other special holidays rate is twice the regular rate if worked Rate is 130% of the regular wage if worked ADDITIONAL COMPENSATION FOR WORK ON A REST DAY.May 1 6. Kareen Faye Pioquinto .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). And all declared by law Local: Those declared by law or ordinance (e.Also termed as legal holiday .Movable date 4. It is limited to the eleven (11) regular holidays listed by law. 94. SERVICE INCENTIVE LEAVES AND SERVICE CHARGES  ART.San Beda College of Law MEMORY AID 3. EDP’S: Jennifer Trinidad. Makati Day for Makati City only) 1 When entitled to premium pay: • If worked = regular wage plus 30% premium pay If not worked = no compensation/no premium other days Work on Special Holidays IN 33 LABOR LAW 30% of regular wage Holiday Work falls on 50% of regular wage Scheduled Rest Day CHAPTER III HOLIDAYS. Maundy Thursday Movable date 3. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.June 12 LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Araw ng Kagitingan April 9 5.g. Emil Bien Ongkiko. Jasmine Isip. The employee should not have been absent without pay on the working day preceding the regular holiday.A day’s pay given by law to an employee even if he does not work on a regular holiday. Good Friday . Elsa Villaflor(Labor Relations). SUNDAY OR HOLIDAY: RATE OF ADDITIONAL COMPENSATION Work on a scheduled 30% of regular wage rest day No regular workdays 30% of regular wage and rest days for work on Sundays & Holidays DAY REGULAR HOLIDAYS [NM-GALIN-CREB]: 1. Labor Day . RIGHT TO HOLIDAY PAY  HOLIDAY PAY • REGULAR HOLIDAY compensable even if unworked subject to certain conditions SPECIAL HOLIDAY .

Rule IV.g. Book III. Elaine Masukat (VCEDP). 2.2002) N. aside from the usual holiday pay to its monthly paid employees.: There must be no distinction between Muslims and non-Muslims as regards payment of benefits for Muslim Holidays..13. Maundy Thursday and Good Friday. wages and other emoluments are laid down by law and not based on faith or religion (SMC v. 3. National Heroes Day Last Sunday of August 8.December 30 11. RULE ON COMPENSABILITY compensable whether worked or unworked subject to certain conditions Legal holiday falling on a Sunday does not create an additional workday nor create a legal obligation for the employer to pay extra. worked 2. Eid’l Fitr – movable date (RA 9177. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).Secretariat). (Sec. Jennifer Ang(VC.to give employee only 100% would reduce the number of holidays under DO No. Romuald Padilla (Civil Law).provided that the employee 1.entitled even if said holiday is unworked . 200% of the basic wage . e. otherwise. Christmas Day December 25 10. Ronald Jalmanzar (Over-all Vice Chair).  SUCCESSIVE REGULAR HOLIDAY . Bonifacio Day November 30 9. he must work on the first holiday to be entitled to holiday pay on the second regular holiday. April 9 and Good Friday  ILLUSTRATION : A Single holiday rule: . Nov. Successive holiday rule: MAUNDY GOOD WED THURS Present ENTITLED TO BE PAID? YES – BOTH YES – BOTH REGULAR HOLIDAY REGULAR HOLIDAY REGULAR HOLIDAY REGULAR HOLIDAY Absent with pay Absent REGULAR w/out pay HOLIDAY Absent w/out pay Worked REGULAR NO – BOTH HOLIDAY YES – but only to the holiday pay on Friday ART.g.10. Rizal Day .. was on authorized absence on the day prior to the regular holiday. . Mark David Martinez (Criminal Law). CA). Jinky Ann Uy (Remedial Law). Joy Inductivo (VC-Finance). was on leave with pay or 3.e. 300% if he worked on 2 regular holidays falling on the same day.34 2005 CENTRALIZED BAR OPERATIONS 7.  DOUBLE HOLIDAY PAY 1. Jackie Lou Bautista (Legal Ethics) . Yolanda Tolentino(VC-Acads). Francis Benedict Réotutar (Labor Law). Implementing Rules) (see table below) WED THURS FRI REGULAR HOLIDAY REGULAR HOLIDAY REGULAR HOLIDAY ENTITLED TO BE PAID ? YES YES NO YES YES NO Present REST DAY Absent REST DAY with pay Absent w/out REST DAY pay Present SPECIAL DAY Absent SPECIAL with pay DAY Absent SPECIAL w/out DAY pay B.If there are two successive regular holidays. the employee must be present the day before the scheduled regular holiday to be entitled to compensation to both. Garny Luisa Alegre (Commercial Law). 95. Charmaine Torres (Taxation Law). RIGHT INCENTIVE LEAVE  TO SERVICE 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).B.

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 8. SIL DOES NOT APPLY TO THOSE WHO ARE: (E4) 1. as a matter of practice or policy or as provided in the employment contract. Emil Bien Ongkiko. SERVICE CHARGES Can not be waived Commutable LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Exception is when the labor contract or the established practice of the employer provides otherwise. Part-time workers are entitled to the full benefit of the yearly 5-days SIL. already enjoying vacation leave with pay for at least 5 days.San Beda College of Law MEMORY AID IN 35 LABOR LAW  CONCEPT OF SERVICE INCENTIVE LEAVE (SIL) . parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least 1 year. is less than 12 months.e.five (5) days leave with pay for every employee who has rendered at least one (1) year of service. otherwise. Ma. and 4. Jasmine Isip. (Sec. Solo Parents Law)  MATERNITY AND PATERNITY LEAVE (see discussion in Art. Mandatory -legally required under Art. employed in establishments regularly employing less than 10 employees. silence would equate to waiver same being a mere concession or act of grace of employer Not Commutable No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. Jr. 3. Elsa Villaflor(Labor Relations). 7. whether continuous or broken.. must be enjoyed by the employee within 1 year otherwise they are considered waived or forfeited. convertible to cash the cash equivalent is aimed primarily at encouraging workers to work continuously and with dedication to the company. matter of management discretion or a product of collective bargaining agreement. SIL VACATION/ SICK LEAVE Voluntary grant results from: employer’s discretionary policy or from CBA ONE (1) YEAR OF SERVICE . 133 )  ART. The reason is that the provisions of Art. employed in establishments exempted from granting this benefit by the Secretary of Labor. Solo Parents Law) In addition to leave privileges under existing laws. (Sec. reckoned from the date the employee started working including authorized absences and paid regular holidays unless the number of working days in the establishment. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 2.service within 12 months.  VACATION AND SICK LEAVE Not statutorily required. i. Benefits are non-cumulative and non-commutative.95. already enjoying the said benefits. EDP’S: Jennifer Trinidad. SIL is commutable. Kareen Faye Pioquinto . 96.95 speak of the number of months in a year for entitlement to said benefit.LC - - Intended to alleviate the economic condition of the workers for it acts as replacement for regular income that would not be earned during such instance Intended to afford a laborer a chance to get a much needed rest to replenish his worn out energies and acquire new vitality to enable him to meet him to efficiently perform his duties and not merely to give him additional salary Must be demanded in its opportune time.

36 2005 CENTRALIZED BAR OPERATIONS  CONCEPT. the production. Joy Inductivo (VC-Finance). In case the service charge is abolished.Secretariat). lodging.  WAGE . piece.  FAIR DAY’S WAGE FOR A FAIR DAY’S LABOR . Jennifer Ang(VC. Jinky Ann Uy (Remedial Law). Yolanda Tolentino(VC-Acads). Elaine Masukat (VCEDP). of Labor. of board. Francis Benedict Réotutar (Labor Law). 15% for management Share of the employees shall be equally distributed among them.  FAIR AND REASONABLE VALUE . 97. the raising of livestock or poultry.Monitored. Ronald Jalmanzar (Over-all Vice Chair). suspended or dismissed. cultivation. . tobacco.000. The 15% management share shall be for disposition by management to answer for losses and breakages and distribution to employees receiving more than P2. • The basis of the amount to be integrated shall be the average share of each employee for the past 12 months immediately preceding the abolition or withdrawal of such charges. abaca. includes the cultivation and tillage of soil. and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations.if there is no work performed by the employee. among other things. whether fixed or ascertained on a time. task. • The shares referred to herein shall be distributed and paid to employees not less than once every 2 weeks or twice a month at intervals not exceeding 16 days. Charmaine Torres (Taxation Law).  COVERAGE . and ready to work but was prevented by management or was illegally locked out. Mark David Martinez (Criminal Law).All service charges collected by hotels.Apply only to hotels. PRELIMINARY MATTERS  ART. but does not include the manufacturing or processing of sugar.shall not include any profit to the employer or to any person affiliated with the employer. growing and harvesting of any agricultural and horticultural commodities. capable of being expressed in terms of money.the remuneration or earnings. there can be no wage or pay unless the laborer was able. restaurants and similar establishment shall be distributed: 1. Jackie Lou Bautista (Legal Ethics) . restaurants and similar establishment collecting service charges  POOLED TIPS . Garny Luisa Alegre (Commercial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). and. however designated. or commission basis or other method or calculating the same. the share of the covered employees shall be considered integrated in their wages. or other facilities customarily furnished by the employer to the employee. Romuald Padilla (Civil Law). 85% for all covered employees to be equally distributed among them 2. which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done or for services rendered or to be rendered and includes the fair and reasonable value. dairying. pineapples or other farm products. DEFINITION  AGRICULTURE – includes farming in all its branches. accounted for. willing. coconuts.00 a month at the discretion of the management in the latter case. as determined by the Sec. and distributed in the same manner as service charges TITLE II WAGES CHAPTER I 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).

Ma.Unconditional . household or domestic helpers 3.  MINIMUM WAGE . FACILITIES . Jr.minimum wage rates for agricultural and nonagricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. Commission 2. Emil Bien Ongkiko.  GRATUITY – something given freely or without recompense to reward employees who have rendered satisfactory and efficient service to the company.lowest wage rate fixed by law that an employer can pay his employees. No. REGIONAL MINIMUM WAGES .constitute extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings wages Independent of the wage not wage deductible Part of the wage Deductible from the wage  ART.San Beda College of Law MEMORY AID IN 37 LABOR LAW accepted in writing by the employee. 98. APPLICATION OF TITLE Title on Wages apply to ALL EMPLOYEES except the following: 1.The employer cannot exempt himself from liability to pay LABOR LAW COMMITTEE  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Elsa Villaflor(Labor Relations).Customarily given such that the employee expects to receive the same (Mabeza vs. broker. Jasmine Isip.items of expense necessary for the laborer’s and his family’s existence and subsistence Compensation manual labor for Corresponds higher degree employment to of  WHAT DOES WAGE OR SALARY INCLUDE? 1. FACILITIES – shall include all articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or services primarily for the benefit of the employer or necessary to the conduct of the employer’s business.The facilities must be charged at fair and reasonable value.118506.Proof must be shown that such facilities are customarily furnished by the trade.  LEGAL REQUIREMENTS BEFORE FACILITIES CAN BE DEDUCTED FROM THE EMPLOYEES’ WAGES: 1. Apr. salesman. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards).Consistent and deliberate over a period of time . workers in duly registered cooperatives COMMISSION – direct remunerations received by an agent.R. farm tenancy or leasehold 2.1997) SUPPLEMENTS . Kareen Faye Pioquinto . Commodities/Supplements THEY ARE DEEMED INCLUDED IN THE SALARY IF THE FF CONDITIONS CONCUR: The grant thereof is: . G. and 3. or trustee calculated as a percentage on the amount of his transactions or on the profit to the principal. NLRC. Facilities 3. . 2. workers employed in any establishment duly registered with the National Cottage Industry Development Authority (NACIDA) 5.The provision of deductible facilities must be voluntarily  ART 99.18. homeworkers engaged in needlework 4. executor.

Jennifer Ang(VC.All rank-and-file employees regardless of their designation or employment status and irrespective of the method by which their wages are paid. it is not a demandable and enforceable obligation unless it was promised to be given without any conditions imposed for its payment in which case it is deemed part of the wage. (De Racho v. The rule is applicable if it is shown that the grant of the benefit is: 1. Jackie Lou Bautista (Legal Ethics) .As a rule. and the practice is consistent and deliberate. Charmaine Torres (Taxation Law). Romuald Padilla (Civil Law).additional income based on wage required by P.38 2005 CENTRALIZED BAR OPERATIONS minimum wages because of poor financial condition of the company. . Ronald Jalmanzar (Over-all Vice Chair). has ripened into practice over a long period of time. are entitled to this benefit. • benefits being given to employees cannot be taken back or reduced unilaterally by the employer because the benefit has become part of the employment contract. Mark David Martinez (Criminal Law). the payment of minimum wages is not dependent on the employer’s ability to pay. from a legal point of view. 851 which is equivalent to 1/12 of the total basic salary earned by an employee within a calendar year. GR NO.  BONUS . 100. . it should be shown that the correction is being done soon after the discovery of the error. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Jinky Ann Uy (Remedial Law).The acceptance by an employee of the wages paid him without objection does not give rise to estoppel precluding him from suing for the difference between the amount received and the amount he should have received pursuant to a valid minimum wage law where it does not appear that the employer changed his position to his own prejudice.Secretariat). CHAPTER II MINIMUM WAGE RATES  ART. Elaine Masukat (VCEDP). Garny Luisa Alegre (Commercial Law).A supplement or employment benefit given under certain conditions. But even in cases of error.Nothing in the Labor Code shall be construed to eliminate or in any way diminish supplements. or on an express - Therefore. An employee who has resigned or whose services were terminated at any time before the payment of the 13th month pay is entitled to this monetary benefit in proportion to the length o time he worked during the year reckoned from the time of his resignation or termination from service. such as success of the business or greater production or output. Francis Benedict Réotutar (Labor Law). L23542). or other employee benefits being enjoyed at the time of promulgation of this Code.D. provided. based policy. Yolanda Tolentino(VC-Acads). .  13TH MONTH EQUIVALENT”) PAY (OR “ITS (see annex) . Municipality of Iligan. Joy Inductivo (VC-Finance). 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). it is an amount granted voluntarily to an employee for his industry and loyalty which contributed to the success and realization of profits of the employer’s business. 24. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS THE NON-DIMINUTION RULE . that they have worked for at least one (1) month during the calendar year. AND 2.may be given anytime but not later than Dec. and it is not due to an error in the construction/application of a doubtful or difficult question of law. COVERAGE: . written or unwritten.

Applicable statutory minimum daily rate 2. Yearly service incentive leave of five days with pay 3.granting thereof is a management prerogative which can not be forced upon the employer.  PRODUCTIVITY INCENTIVES Productivity Incentives Act of 1990 (RA 6971. The personnel movement should not be intended to circumvent the law to deprive employees of the benefits they used to receive. Kareen Faye Pioquinto . Jr. other cash bonuses amounting to not less than 1/12 of its basic salary.  ART. Emil Bien Ongkiko. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  14TH MONTH PAY . those who work away from the employer’s work premises and are not directly supervised by the employer (usually termed as pakiaw or takay) CATEGORIES OF PIECE RATE (as to rate of payment) 1. Meal and rest periods 6. COLA are NOT proper substitutes for the 13th month pay. Overtime pay (conditional) 7. those who work directly under the supervision of their employer (usually termed as piece rate worker) 2. profit sharing payments.a misnomer because it is basically a bonus and gratuitous in character . . 1990) kind of bonus that comes from productivity gain aims to institute productivity at company level and the sharing of productivity gain between employers and employees nature of salary bonus is proportionate to increases in current productivity employees whose positions are reclassified from rank and file to supervisory lose overtime pay and other benefits under Arts. midyear bonus 3. without regard to the time spent in producing the same.The rules implementing the Labor Code on night differential and service - Free rice.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Note: 13th Month Pay is tax exempt. and 4.San Beda College of Law MEMORY AID IN 39 LABOR LAW FORMS: 1.  BENEFITS PAYABLE TO PIECE-RATE WORKERS WHOSE WORK IS DIRECTLY SUPERVISED BY THE EMPLOYER: 1. November 22. Jasmine Isip. those who are paid piece rates as prescribed in Piece Rate Orders by the DOLE 2. electricity cash and stock dividends. 101. Christmas bonus 2. individual or collective bargaining agreements or company policy or practice. But the promotion and position reclassification must be done in good faith. Premium pay (conditional) 8. PAYMENT BY RESULTS  CATEGORIES OF PIECE – RATE WORKERS (as to presence of control): 1. 13th month pay 9. - - LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. those who are paid output rates which are prescribed by the employer and are not yet approved by the DOLE  WORKERS PAID ON PIECE-RATE BASIS . 82-96. Holiday pay 5. Night shift differential pay 4.those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated. Other benefits granted by law. Ma. It must always be in the form of legal tender Difference of opinion on how to compute the 13th month pay does not justify a strike. EDP’S: Jennifer Trinidad. Elsa Villaflor(Labor Relations). Promotion produces the same effect.

necessary because of special circumstances as determined by the Sec. 2. of Labor. 5.40 2005 CENTRALIZED BAR OPERATIONS incentive leave do not apply to employees whose time and performance is unsupervised by the employers. stipulated in the CBA 4.at least once every two weeks.at or near the place of undertaking EXCEPTIONS (Payment in a place other than workplace): 1. 3. Romuald Padilla (Civil Law). 104. the employees are given reasonable time during banking hours to withdraw their wages  ART. PLACE OF PAYMENT  WHERE TO PAY: . tickets.  ART. Joy Inductivo (VC-Finance). Francis Benedict Réotutar (Labor Law). customary on the effectivity of the LC.twice a month at intervals not exceeding 16 days. chits. the employer. Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). PAY HIS from the bank which time shall be considered as compensable hours worked if done during working hours. or any object other than legal tender • in case of force majeure or other circumstances beyond the employer’s control. 102. in proportion to the amount of work completed. 6. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). promissory notes.Secretariat). b) that final settlement is made upon completion of the work. does not receive any pecuniary benefit directly or indirectly from the arrangement. coupons. vouchers. Jinky Ann Uy (Remedial Law). date of • 2. or any of his agent or representatives. 7.payment by check or money order may be allowed if the same is: 1. or . Ronald Jalmanzar (Over-all Vice Chair). When payment cannot be effected at or near the place of work by reason of deterioration of peace and order conditions. payment must be made immediately after such occurrence has ceased. GENERAL RULE: . or 3. Yolanda Tolentino(VC-Acads). FORMS OF PAYMENT  EMPLOYER CANNOT WORKERS BY MEANS OF: 1. d) CHAPTER III PAYMENT OF WAGES  ART. 4. tokens. If engaged to perform a task which cannot be completed in 2 weeks and in the absence of CBA: a) payment shall be made at intervals not exceeding 16 days. or where the ff conditions are met: a) there is a bank or other facility for encashment within a radius of 1 kilometer from the workplace. Charmaine Torres (Taxation Law). or by reason of AND b) c) 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).payment by legal tender EXCEPTIONS: . Elaine Masukat (VCEDP). including those who are engaged on task or contract basis. 103. TIME OF PAYMENT  WHEN TO PAY: . and the payment by check is with the written consent of the employees concerned if there is no CBA authorizing the payment of wages by bank checks. Mark David Martinez (Criminal Law). Jennifer Ang(VC. purely commission or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

3. Ma. 2. to the exclusion of all others. Jasmine Isip. There must be written permission of the majority of the employees concerned in an establishment. payment through heirs of worker .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). and 3.San Beda College of Law MEMORY AID actual or impending emergencies caused by fire flood or other calamity rendering payment thereat impossible. WAGES DIRECT PAYMENT OF IN 41 LABOR LAW when authorized under existing law.2 in case of a minor heir. 2. The establishment must have 25 or more employees.105. Procedure: 2.5 payment of wages under this article shall absolve the employer of any further liability with respect to the amount paid. 2. When the employer provides for free transportation to the employees back and forth. Under any other analogous circumstances. 2. 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. The establishment must be located within one kilometer radius to the bank.1 claimants shall execute an affidavit attesting their relationship to the deceased and the fact that they are his heirs.3 affidavit shall be presented to the employer who shall make payment through the Secretary of Labor or his representative.  PAYMENT THRU BANKS: REQUISITES: 1. Elsa Villaflor(Labor Relations).4 the representative shall act as referee in dividing the amount paid among the heirs.in case of force majeure rendering such payment impossible provided said person is under written authority given by the worker for the purpose. EDP’S: Jennifer Trinidad. • payment through an ATM is allowed. 2.  ART. affidavit shall be executed on his behalf by his natural guardian or next of kin.wages shall be paid directly to the workers to whom they are due. LABOR LAW COMMITTEE Where the employer is authorized in writing by the employee to pay his wages to a member of his family. including payments for insurance premiums of the employee and union dues where the right to check-off has been recognized by the employer in accordance with a CBA or authorized in writing by the individual employees concerned 2. Jr. massage clinic. payment through worker’s family member of  GENERAL RULE: .No employer shall pay his employees in any bar. . or other similar places or in places where games are played with stakes of money or things representing money except in the case of persons employed in said places. Kareen Faye Pioquinto . drinking establishment.in case where the worker has died – employer may pay wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings. night or day club. Emil Bien Ongkiko.  SUMMARY OF RULES ON PAYMENT OF WAGES:  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  EXCEPTIONS: 1. payment through another person . dance hall. and 3.

 INDEPENDENT CONTRACTOR . SUBCONTRACTOR CONTRACTOR OR  ELEMENTS OF JOB CONTRACTING: AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). tickets. Elaine Masukat (VCEDP). work. Labor-only contracting is prohibited and the person acting as contractor shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. coupons. equipment. A mere statement in a contract with a company that laborers who are paid according to the amount and quality of work are independent contractors does not change their status as mere employees in contemplation of labor laws. promissory notes. machineries. tokens. regardless of whether such job. PAID chits. Jinky Ann Uy (Remedial Law). Garny Luisa Alegre (Commercial Law).organization latter fails to comply with requirements as to unpaid wages and other labor standards violations) Permissible Prohibited by law Presence of Absence of substantial capital substantial capital or investment. Ronald Jalmanzar (Over-all Vice Chair). Jackie Lou Bautista (Legal Ethics) . MUST BE vouchers. Joy Inductivo (VC-Finance).where the person supplying workers to an employer does not have substantial capital or investment in the form of tools. work or service within a definite or predetermined period. and the workers recruited and placed by such persons are performing activities which are directly related to the principal business of such employer.  TWO TYPES OF CONTRACTORS UNDER THE LAW: a) Labor-only contractor b) Job contractor  LABOR ONLY CONTRACTING . according to his own manner and methods and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof. At or near the place of undertaking Directly to the employee entitled thereto WHERE HOW LABOR ONLY CONTRACTING No E. or investment.42 2005 CENTRALIZED BAR OPERATIONS WHAT Legal tender.one who carries on a distinct and independent business and undertakes to perform the job or to do a piece of work on its own account and under its own responsibility. WHEN Once every two weeks or twice a month at intervals not exceeding 16 days. Francis Benedict Réotutar (Labor Law). or service is to be performed or completed within or outside the premises of the principal. or any other object other than legal tender is prohibited.Secretariat). work premises.  ART. Jennifer Ang(VC. Romuald Padilla (Civil Law).  JOB CONTRACTING – an arrangement whereby a principal agrees to put out or farm out with a contractor or series of contractor the performance or completion of a specific job. Yolanda Tolentino(VC-Acads). among others. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Mark David Martinez (Criminal Law). 106.E Employer is treated as direct relationship employer of the person except when the recruited in all instances contractor or (contractor is deemed agent subcontractor of the employer) fails to pay the EE’s wages Liability is limited liability extends to all rights (shall be duties and liabilities under solidarily liable labor standards laws including w/ ER only when the right to self. Charmaine Torres (Taxation Law).

including policies. the contractor or subcontractor carries on a distinct and independent business and undertakes to perform the job on his own account and under his own responsibility. Ma. • Just establishes a preference and not a lien. work. filing of claims by workers  The worker preference is not applicable in case the employer – corporation is under rehabilitation (Rubberworld. establishes an employer-employee relationship between the employer and the - LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. . Jasmine Isip. in order to ensure the latter get paid the wages due to them.Article 110 covers not only unpaid wages but also all other monetary claims. free exercise of the right to self-organization.g. programs and regulations governing his employment status. vs.refers to the terms and circumstances affecting the employment of an employee. hence. and work relationships. Substantial capital need not be coupled with investment in tools or equipment. WORKER PREFERENCE IN CASE OF BANKRUPTCY  PRINCIPLE: . Elsa Villaflor(Labor Relations).  ART. 110. work. Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). as a rule. general judicial liquidation proceedings of the employer’s business c. security of tenure and social and welfare benefits  WHAT IS SUBSTANTIAL CAPITAL job contractor’s employee for a limited purpose. 110: a. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto .San Beda College of Law MEMORY AID IN 43 LABOR LAW 1. i. determined by the employer. NLRC). e. They are. the employer who contracted out the job becomes jointly and severally liable with the contractor “to the extent of the work performed under the contract” as if such employer were the employer of the contractor’s employees. must yield to special preferred credits. Inc.  WORKING CONDITIONS . EDP’S: Jennifer Trinidad. according to its own manner and method and free from the control and direction of the principal in all matters connected with the performance of the work except as to the results thereof. and 3. formal declaration of insolvency or bankruptcy b. .Workers shall enjoy first preference as regards their unpaid wages and other monetary claims. service contracted out. SCOPE OF LIABILITY IN CONTRACTING OR SUBCONTRACTING when a contractor fails to pay the wages of his employees in accordance with the Labor Code. • Applicable only to ordinary preferred credit. The law itself. This is clear from the use of the conjunction “or”.refers to the adequacy of resources actually or directly used by the contractor or subcontractor in the performance or completion of the job.. secured creditors • This Article did not sweep away the overriding preference accorded under the scheme of the Civil Code to tax claims of the government. • conditions sine qua non to the operation of the preference accorded to workers under Art. the agreement between the principal and contractor or subcontractor assures the contractual employees entitlement to all labor and occupational safety and health standards. Jr. 2. any provision of law to the contrary notwithstanding.e. the contractor or subcontractor has substantial capital or investment.

compelling/obliging employees to purchase merchandise.44 2005 CENTRALIZED BAR OPERATIONS  ART 111. Withholding of the wages. Romuald Padilla (Civil Law). Art. Withholding of wages. Contributions to PAGIBIG Fund 4. where the right to check-off has been recognized by the employer 3. 113. Jennifer Ang(VC. The laborer’s wages shall be a lien on the goods manufactured or the work done. worker’s insurance acquired by the employer 2. 1707. CHAPTER IV PROHIBITIONS REGARDING WAGES  ART. cases where the employer is authorized by law or regulations issued by the Secretary of Labor 4.222) • Attorney’s fees presuppose atty-client relationship. WITHOUT EMPLOYEES’ CONSENT: 1. in any judicial or administrative proceedings for the recovery of the wages. from the employer or from any other person. WAGE DEDUCTIONS  GENERAL RULE. value of meals and other facilities 5. commodities or other properties  ART. (see discussions in Art. Yolanda Tolentino(VC-Acads).Wage deduction is strictly prohibited. WITH EMPLOYEES’ CONSENT: 1. 1708. Limitations/interference by the employer with the employees' freedom to dispose of his wages. DEPOSITS FOR LOSS OR DAMAGE  GENERAL RULE: AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). The laborer’s wages shall not be subject to execution or attachment except for debts incurred for food. 2. Jinky Ann Uy (Remedial Law). . SSS payments 2. Forcing. the culpable party may be assessed attorney’s fees equivalent to 10% of the amount of wages recovered. NON-INTERFERENCE IN DISPOSAL OF WAGES  RELATED Civil Code PROVISIONS: Art. Art. 6. b. clothing. Payment of wages with less frequency than once (1) a month. Refusal to pay/reduction of wages and benefits. Elaine Masukat (VCEDP). The laborer’s wages shall be paid in legal currency.Secretariat). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). EXCEPTIONS (ALLOWABLE DEDUCTIONS): A. Deduction of wages as consideration of a promise of employment or retention in employment. Art. debts of the employee to the employer which have become due and demandable  ART 114. except for a debt due. 3. shall not be made by the employer. Ronald Jalmanzar (Over-all Vice Chair). . 4. attorney’s fees which exceed 10% of the amount of wages recovered. Jackie Lou Bautista (Legal Ethics) . Mark David Martinez (Criminal Law). ATTORNEY’S FEES a. shelter. union dues.Art. Francis Benedict Réotutar (Labor Law). discharge/ discrimination against any employee as retaliatory measures against any employee who has filed any complaint or instituted any proceedings against his employer. It shall be unlawful for any person to demand or accept. PHILIHEALTH payments 3. The employer shall neither seize nor retain any tool or other articles belonging to the laborer. deduction of absences B. payments to third persons with employees consent 6. Charmaine Torres (Taxation Law). 5. In cases of unlawful withholding of wages. 1705.  PROHIBITIONS REGARDING WAGES: 1. Garny Luisa Alegre (Commercial Law). 1706. 1709. Joy Inductivo (VC-Finance). 112. or to make use of any store or service of such employer or any other person. and medical attendance.

No employer shall withhold any amount from the wages unless authorized to do so.  10 COMMANDMENTS FOR THE EMPLOYER: 1. commodities or other property from the employer or from any other person. Elsa Villaflor(Labor Relations). Emil Bien Ongkiko. the employee is given ample opportunity to show cause why deduction should not be made. or oblige employees to purchase merchandise. 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and 4. ART 114 DEPOSITS FOR LOSS OR DAMAGE 5.When the trade. Jasmine Isip. ART 112 NON-INTERFERENCE IN DISPOSAL OF WAGES 2. the employee is clearly shown to be responsible for the loss or damage.  REQUISITES OF DEDUCTION FOR LOSS OR DAMAGE: 1. No employer shall require the worker to make deposits from which deductions shall be made for reimbursement of loss of or damage to tools. or considers the practice of making deductions or requiring deposits necessary or desirable. No employer shall make any deduction from the employee’s deposits for the actual amount of the loss or damage unless the employee has been heard thereon and his responsibility has been clearly shown. or equipment supplied by the employer except when the employer is engaged in such business requiring such deposits as determined by the Secretary of Labor. No employer shall make deductions as consideration of a promise of employment or retention of employment. equipment. ART 116 WITHHOLDING OF WAGES & KICKBACKS PROHIBITED 7. threat or dismissal or by any other means without his (worker) consent. ART 117 DEDUCTION TO ENSURE EMPLOYMENT 9. No employer shall make any deductions from the employee’s wages except when IN 45 LABOR LAW authorized to do so. No employer shall refuse to pay or reduce the wages and benefits or otherwise discharge the employee who has filed any complaint under this Title. Kareen Faye Pioquinto . 3. ART 113 WAGE DEDUCTION 4. No employer shall interfere with the employee’s freedom to dispose of his wages.San Beda College of Law MEMORY AID . the amount of the deduction is fair and reasonable and shall not exceed the actual loss or damage. ART 116 WITHHOLDING OF WAGES & KICKBACKS PROHIBITED 8. stealth. materials. or has testified or is about to LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. the deduction from the employee’s wage does not exceed 20 percent of the employee’s wages in a week. No employer shall force. No employer shall induce the employee to give up any part of his wages by force. or tools supplied by the employer. intimidation.No employer shall require his worker to make deposits for the reimbursement of loss of or damage to material. occupation or businesses of the employer recognizes. Ma. or otherwise make use of any store or services of such employer or any other person. EDP’S: Jennifer Trinidad. ART 112 NONINTERFERENCE IN DISPOSAL OF WAGES 3. Jr. compel. ART 115 LIMITATIONS 6.  EXCEPTION: .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).

Garny Luisa Alegre (Commercial Law). Elaine Masukat (VCEDP). Equitable Distribution of Income & Wealth along the imperatives of economic and social development  WAGE DISTORTION – a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills.  CORRECTION OF WAGE DISTORTION A. 123. WAGE AGREEMENTS AND WAGE DETERMINATION  ART 122. and 10.  EFFECTIVITY OF A WAGE ORDER  OTHER RELEVANT FACTORS FOR DETERMINING REGIONAL MINIMUM WAGE RATES: 1. WAGE ORDER WAGE ORDER – an order issued by the Regional Board whenever the conditions in the region so warrant after investigating and studying all pertinent facts and based on the standards and criteria prescribed by the LC. ART 118 RETALIATORY MEASURES 10. Jinky Ann Uy (Remedial Law). 4. Mark David Martinez (Criminal Law). 2 members form the employee sector 6. Negotiate to correct the distortion 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). 124. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Wage Adjustment vis-à-vis the consumer price index. 7. EXCEPTION: When Congress itself issues a law increasing wages. Romuald Padilla (Civil Law). STANDARDS/CRITERIA FOR MINIMUM WAGE FIXING CHAPTER V WAGE STUDIES. Demand for living wages. 6.The lowest wage rate fixed by law that an employer can pay his employees. No employer shall make any statement. Francis Benedict Réotutar (Labor Law). Yolanda Tolentino(VC-Acads). Unionized Establishment 1. Fair Return of the capital invested and capacity to pay of employers. 9.  FREQUENCY OF A WAGE ORDER – A wage Order issued by the Board may not be disturbed for a period of 12 months from its effectivity and no petition for wage increase shall be entertained during said period. 2. Jennifer Ang(VC. 3. Charmaine Torres (Taxation Law). Ronald Jalmanzar (Over-all Vice Chair).46 2005 CENTRALIZED BAR OPERATIONS testify in such proceedings.  ART. Prevailing wage levels. 8. CREATION OF THE REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARDS  WHO MAY SET MINIMUM WAGE: 1. 4. Jackie Lou Bautista (Legal Ethics) . Regional Tripartite Wages and Productivity Board (RTWPB) 2. 3. Improvements in standards of living. 5.Secretariat). Need to induce industries to invest in the countryside. Effects on Employment Generation and Family Income. report or record to be false in any material respect. Joy Inductivo (VC-Finance). Secretariat  MINIMUM WAGE . Congress  COMPOSITION OF RTWPB: 1. Regional Director of DOLE Regional Director of DOLE Regional Director of DOLE 2 members form the employer sector 5. 2. ART 119 FALSE REPORTING – it shall take effect after 15 days from the its complete publication in at least one newspaper of general circulation in the region. the Regional Board proceeds to determine whether to issue the same or not. report or record knowing such statement. length of service or other logical bases of differentiation. ART. Needs of workers and their families. Cost of living and changes or increases therein.

San Beda College of Law
MEMORY AID 2. Any dispute arising therefrom should be resolved through grievance procedure under their CBA 3. If the dispute remains unresolved, through voluntary arbitration B. Establishments Without Unions 1. The employers and workers shall endeavor to correct the distortion. 2. Any dispute arising therefrom shall be settled through the NCMB and 3. If it remains unresolved after 10 days of conciliation, it shall be referred to the NLRC.
IN

47 LABOR LAW

• includes the right to copy therefrom, to question any employee & investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Code and of any labor law, wage order, or rules and regulations. • “duly authorized representative” herein is the Regional Director.  ENFORCEMENT POWER (as amended by RA 7730) Power of the Sec. of Labor to compel employer to comply with labor standards upon finding of violations discovered in the course of the exercise of the visitorial power. Among the powers are the power to: Issue Compliance Orders based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. Issue Writs of Execution for the enforcement of orders except in cases where the employer contests the findings of the said labor officers and raises issues supported by documentary proofs which were not considered in the course of inspection. Order Work Stoppage/Suspension of Operations when non-compliance with the law or implementing rules and regulations poses grave & imminent danger to the health and safety of the workers in the workplace. Conduct hearings within 24 hours to determine whether: a. an order for stoppage of work/suspension of operations shall be lifted or not. b. employer shall pay the employees concerned their salaries in case the violation is attributable to his fault

N.B.: Wage distortion is non-strikeable. IS THE EMPLOYER LEGALLY OBLIGED TO CORRECT A WAGE DISTORTION? - It appears so. Article 124 of the Code provides that “the employer and the union shall negotiate to correct the distortions.” If there is no union, “the employer and the workers shall endeavor to correct such distortions. MUST THE PREVIOUS PAY GAPS BE RESTORED? While that is the aim, it need not necessarily be restored to the last peso. An appreciable differential, a significant pay gap should suffice as correction of the distortion.

1.

2.

3.

CHAPTER VII ADMINISTRATION AND ENFORCEMENT
 ART. 128. VISITORIAL ENFORCEMENT POWER AND 4.

 VISITORIAL POWER - Power of the Sec. of Labor or any of his duly authorized representative to have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein.

 PROCEDURE:

LABOR LAW COMMITTEE
 HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

48

2005 CENTRALIZED BAR OPERATIONS

COMPLAINT or ROUTINE INSPECTION ACTUAL INSPECTION (inspector lists the violation in his checklist) INSPECTOR’S FINDING OF VIOLATION ISSUANCE OF COMPLIANCE ORDER In case of non-compliance ISSUANCE OF WRIT OF NON-COMPLINACE In case party disagrees with RD’s finding HEARING DECISION MR APPEAL (8-10 days w/ Sec. of labor) WORK STOPPAGE

4. The claimant reinstatement;

does

not

seek

In the absence of any of the requisites, it is the labor arbiter who shall have exclusive jurisdiction over claims arising from employer – employee relations, except claims for employees’ compensation, SSS, Philhealth and maternity benefits, pursuant to Article 217of the Labor Code. - the proceedings before the Regional Office shall be summary and nonlitigous in nature . ADJUDICATORY POWER the Regional Director or any of his duly authorized hearing officer is empowered through summary proceeding and after due notice, to hear and decide cases involving recovery of wages and other monetary claims and benefits, including legal interests.

 INSTANCES WHEN ENFORCEMENT POWER MAY NOT BE USED 1. case does not arise from the exercise of visitorial power 2. when er-ee relationship ceased to exist at the time of the inspection 3. if employer contests the finding of the labor regulation officer and such contestable issue is not verifiable in the normal course of inspection.  ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS  REQUISITES: 1. The aggregate money claim of each employee or househelper does not exceed P5, 000.00 2. The claim is presented by an employee or person employed in domestic or household service or househelper; 3. The claim arises from employeremployee relations;

TITLE III WORKING CONDITIONS FOR SPECIAL GROUP OF EMPLOYEES CHAPTER I EMPLOYMENT OF WOMEN
 ART. 130. NIGHTWORK PROHIBITION  No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation in any : -Industrial undertaking between 10PM and 6AM -Commercial/Non-Industrial undertaking between 12 MN and 6AM -Agricultural undertaking at nighttime unless she is given a period of rest of not less than 9 consecutive hours

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

AND

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law
MEMORY AID
IN

49 LABOR LAW

HOW
INITIATED

Enforcement Power is offshoot of visitorial power

Initiated by sworn complaint filed by the interested party Aggregate claim of each complainant does not exceed P5,000 Appeal with NLRC; period of appeal is 5 calendar days The power is vested upon a regional director or any duly authorized hearing officer of the DOLE.

4. Where the woman employee holds ART 128
NATURE OF POWER Visitorial & enforcement power of the Sec. of Labor /his duly authorized representatives exercised through routine inspections of establishment

ART 129
Adjudicatory Power of the Regional Director/any duly authorized hearing officers

LIMITATIONS AS TO AMT. OF CLAIM

No limit as to amount of claim

APPEAL

Appeal is with Sec. of Labor; period of appeal is 10 calendar days Person exercising the power is the Sec. Of Labor or any of his duly authorized representatives who may or may not be a Regional Director

(to hear and decide matters involving the recovery of wages, upon complaint of any interested party)

WHO

EXERCISES

POWER

EXISTENCE OF E-E RELS.

Requires the existence of E-E Relationship

E-E relationship not necessary since it should not include a claim for reinstatement

 ART. 131. EXCEPTIONS  The prohibitions prescribed by Article 130 shall not apply in any of the following cases: 1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic, or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; 2. In cases of urgent work to be performed on the machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; 3. Where the work is necessary to prevent serious loss of perishable goods;
LABOR LAW COMMITTEE

a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare service; 5. Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers; 6. Where the women employees are immediate members of the family operating the establishment or undertaking; and 7. Under other analogous cases exempted by the Secretary of Labor in appropriate regulations.  ART 132. FACILITIES FOR WOMEN - The Secretary of Labor may require employers to: 1. Provide seats proper for women and permit them to use the seats when they are free from work or during office hours

 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

50

2005 CENTRALIZED BAR OPERATIONS

provided the quality of the work will not be compromised; 2. Establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; 3. Establish a nursery in the establishment; and 4. Determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.  ART. BENEFITS 133. MATERNITY LEAVE

childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide; 3. That full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application; and 4. That payment of daily maternity benefits have been received; Is it necessary that a woman be impregnated by her legitimate spouse? No. it is immaterial who the father is. Every pregnant woman in the private sector, whether married or unmarried, is entitled to the maternity leave benefits. OTHER IMPORTANT CONDITIONS: • That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and • That if an employee member should give birth or suffer miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to. EXTENSION OF MATERNITY LEAVE ART 133 (b) - the maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion, or miscarriage, which renders the woman unfit for work , unless she has earned unused leave credits from which such extended leave may be charged.
AND

 MATERNITY LEAVE UNDER THE SSS LAW A female member, who need not be legally married, who has paid for at least three (3) monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days, in case of caesarian delivery. Maternity benefits provided herein shall be paid only for the first four (4) deliveries or miscarriages; Maternity benefits like other benefits granted by the SSS, are granted in lieu of wages and therefore, may not be included in computing the employee’s 13th month pay for the calendar year.  QUALIFICATIONS FOR ENTITLEMENT: 1. The female employee should be employed at the time of the delivery, miscarriage, or abortion; 2. The employee shall have notified her employer of her pregnancy and the probable date of her

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

APPLICATION OF LEAVE: • Must be made: 1. within a reasonable time from the expected date of delivery by the pregnant spouse. within such period as may be provided by company rules & regulations or CBA. 135. Kareen Faye Pioquinto .  ACTS OF DISCRIMINATION: - - a. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. 136.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Payment of a lesser compensation for work of equal value. To discharge any woman employed by him for the purpose of preventing such woman from enjoying the maternity leave. CONDITIONS FOR ENTITLEMENT: 1.San Beda College of Law MEMORY AID IN 51 LABOR LAW 1 - PATERNITY LEAVE (RA 8187 . discharge. miscarriage or abortion. In the event that such leave was not availed of. EDP’S: Jennifer Trinidad. the application or use of contraceptive pills and intrauterine devices.  ART. 2. or while on leave or in confinement due to her pregnancy. limited to. To discharge or refuse the admission of such woman upon PURPOSE: to enable the husband to lend support to his wife during the period of recovery and/ or in the nursing of the newly born child. to actually dismiss. Elsa Villaflor(Labor Relations). Jr. said leave shall not be convertible to cash. Favoring a male employee over a female employee solely on the account of their sexes. Ma.  ART. Jasmine Isip. FAMILY PLANNING SERVICES . • prior application for leave shall NOT be required in case of miscarriage. July 5. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. STIPULATION AGAINST MARRIAGE it shall be unlawful for an employer: 1.1996) Grants paternity leave of 7 days with full pay. 134. He is cohabiting with his spouse at the time she gives birth or suffers a miscarriage.Employers who habitually employ more than two hundred (200) workers in any locality shall provide free familyplanning services to their employees and their spouses which shall include but not LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. the term wife refers to the lawful wife which means the woman who is legally married to the male employee concerned.  ART. DISCRIMINATION PROHIBITED . Emil Bien Ongkiko. to all married male employees in the public and private sector. 2. consisting of basic salary. 3. Available only for the first 4 deliveries of the legitimate spouse with whom the husband is cohabiting. to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated 3. He is an employee at the time of the delivery of his child. To discharge such woman employee on account of her pregnancy. He has applied for paternity leave with his employer. 3.It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. facilities and other benefits provided under the Code. 2. 2. His wife has given birth or suffered a miscarriage. the term delivery includes childbirth. 137. PROHIBITED ACTS -It shall be unlawful for an employer: 1.  ART. to require as a condition for employment or continuation of employment that a woman employee shall not get married. b. 4.

Joy Inductivo (VC-Finance). 3. and 5. where the workers are engaged in construction work. and c. contaminants or work conditions. NON-HAZARDOUS WORK OR UNDERTAKING – one where the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. firefighting. - Any person between the ages of 15 and 18 may be employed in any nonhazardous work. CHAPTER II EMPLOYMENT OF MINORS (see RA 7610 annex )  ART. quarrying. where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products. To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code. the parent/legal guardian provides the child with the primary and/or secondary education prescribed by DECS. cocktail lounge. logging.  CONDITIONS ON THE EMPLOYMENT OF A CHILD BELOW 15: 1. or television is essential. Jennifer Ang(VC.  HAZARDOUS WORKPLACES: 1. and mechanized farming.Any woman who is permitted to work or suffered to work. 139.52 2005 CENTRALIZED BAR OPERATIONS returning to her work for fear that she may be pregnant. 138. employment does not impair the child’s normal development. Romuald Padilla (Civil Law). dock work. CLASSIFICATION CERTAIN WOMEN WORKERS OF 2. 2. intoxicating drinks. theater. CHAPTER III EMPLOYMENT OF HOUSEHELPERS  ARTS. where the workers use or are exposed to heavy or power-driven machinery or equipment. b. deep-sea fishing. health and morals. Ronald Jalmanzar (Over-all Vice Chair). where the workers use or are exposed to power-driven tools. Yolanda Tolentino(VC-Acads). When the child works directly under the sole responsibility of his/her parents or legal guardian who employs members of his/her family only under the following conditions: a. . There is a written contract approved by the DOLE. Where the child’s employment or participation in public entertainment or information through cinema. b. employment does not endanger the child’s life.  ART. and c. where the nature of the work exposes the workers to dangerous environmental elements. with or without compensation. Jinky Ann Uy (Remedial Law). bar or similar establishment. safety. stevedoring. in any night club. radio. provided that: a. tobacco and its by-products or exhibiting violence. Mark David Martinez (Criminal Law).Secretariat). MINIMUM EMPLOYABLE AGE  GENERAL RULE: No child below 15 shall be employed. 141-152  RIGHTS OF HOUSEHELPERS: 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). 4. blasting. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). mining. employment does not involve advertisements or commercials promoting alcoholic beverages. Jackie Lou Bautista (Legal Ethics) . Garny Luisa Alegre (Commercial Law). Elaine Masukat (VCEDP). The conditions prescribed for the employment of minors {above stated} are met. 4. under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor. Francis Benedict Réotutar (Labor Law). shall be considered as an employee of such establishment for purposes of labor and social legislation. massage clinic. Charmaine Torres (Taxation Law).

San Beda College of Law MEMORY AID (Articles 1689 – 1699. 153-155 OF  ART. If the househelper leaves without justifiable reason. If the househelper is unjustly dismissed. the number of vacation days cannot be accumulated. Employment certification as to nature and duration of service and efficiency and conduct of the househelper. Indemnity for unjust termination of service 12. 153.Upon the severance of the household service relationship.If the helper does not ask for the vacation. Right not to be required to work for more than 10 hours a day .cost of which shall be part of househelpers’ compensation 5. an opportunity for elementary education . neither the employer nor the househelper may terminate the contract before the expiration of the term. Termination only for a just cause. Just and humane treatment 7.  ART. he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. which have been furnished directly or indirectly by an employer and thereafter to be returned to the latter. If the period for household service is fixed. Funeral expenses must be paid by the employer if the househelper has no relatives with sufficient means in the place where the head of the family lives 10. Ma.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days.  ART. EMPLOYMENT FOR CERTIFICATION . . 151. the househelper may demand from the employer a written statement of the nature and duration of the service and his or her efficiency and conduct as househelper. the same is permissible 8. in whole or in part. Reasonable compensation (minimum cash wage) 3. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. food. 3. and medical attendance 4. Jasmine Isip. Kareen Faye Pioquinto . 9. 11. 149. INDEMNITY FOR UNJUST TERMINATION OF SERVICE SUMMARY OF RULES : IN 53 LABOR LAW 1. Jr. If under 18 years old. REGULATION INDUSTRIAL HOMEWORKERS Rule shall apply to any homeworker who performs in or about his home any processing of goods or materials. CHAPTER IV EMPLOYMENT OF HOMEWORKERS  ARTS. non-assignment to nonhousehold work 2. and there is additional compensation. 2.If the househelper agrees to work overtime. Emil Bien Ongkiko. he is entitled only to its monetary equivalent. except for a just cause. NCC) 1. Contract for household service shall not exceed 2 years.Renewable however from year to year 6. Lodging. EDP’S: Jennifer Trinidad. Elsa Villaflor(Labor Relations). Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Right to four days vacation each month with pay .

COMPENSATION – money relief offered according to the scale established under the statue as differentiated from compensatory damages recoverable in an action at law for breach of contract or for tort. presumption aggravation no of 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Elaine Masukat (VCEDP). irrespective of whether or not such injury or illness is workconnected. 156. or on behalf of any person residing outside the Philippines. disablement or death of a workman through industrial accident. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). HOMEWORK DISTRIBUTION OF  EMPLOYER OF HOMEWORKERS : .any natural or artificial person who. 155. before a more extensive medical and/or dental treatment can be secured. or (2) Sells any goods or articles for the purpose of having such goods or articles processed in or about a home and then repurchases them himself or through another after such processing. immediate and necessary medical and dental attention or remedy given in case of injury or illness 2. or through any employee.Secretariat). DENTAL AND OCCUPATIONAL SAFETY CHAPTER I MEDICAL AND DENTAL SERVICES  ART. FIRST-AID TREATMENT • FIRST-AID TREATMENT – adequate. TITLE II EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND WORKMEN’S COMPENSATION – a general and comprehensive term applied to those laws providing for compensation for loss resulting from the injury. Joy Inductivo (VC-Finance). or any other person: (1) Delivers or causes to be delivered any goods or articles to be processed in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his direction. agent. WORKMEN’S COMPENSATION ACT 1. directly or indirectly. there is a presumption of compensabili ty 2. Francis Benedict Réotutar (Labor Law). sub-contractor. suffered by a worker during employment. Jinky Ann Uy (Remedial Law). for his own account or benefit. Jennifer Ang(VC. Garny Luisa Alegre (Commercial Law).54 2005 CENTRALIZED BAR OPERATIONS  ART. SAFETY AND SOCIAL WELFARE BENEFITS TITLE I MEDICAL. there is a presumption of aggravation EMPLOYEES COMPENSATION LAW 1. Ronald Jalmanzar (Over-all Vice Chair). Charmaine Torres (Taxation Law). Jackie Lou Bautista (Legal Ethics) . Romuald Padilla (Civil Law). Yolanda Tolentino(VC-Acads). contractor. Mark David Martinez (Criminal Law). no presumption of compensability BOOK IV HEALTH. casualty or disease. FIRST-AIDER – any person trained and duly certified as qualified to administer first aid by the Philippine National Red Cross or by any other organization accredited by the former.

EXCEPTIONS TO THE DIRECT PREMISES RULE: 1. a. or coming from. and 4. 2. • Injuries incurred by a health worker while doing overtime work shall be presumed work-connected. notorious negligence or as otherwise provided under this Title. 167. Ma. the injury is compensable. (Magna Carta for Public Health Workers) SICKNESS . and he had departed form his usual route to. Jr. that is. the employee must have been injured at the place where the work requires him to be. the injury is compensable. the act of the employee of going to. willful intention to injure or kill himself or another. or from. 2. the disease was contracted as a result of the employee’s exposure to the described risks 3. EDP’S: Jennifer Trinidad. he had not been diverted therefrom by any other activity. no need for the employer to controvert the claim CONDITIONS for an occupational disease and the resulting disability or death to be compensable: 1. 4. if the injury is sustained elsewhere. an employee on a special errand must have been official and in connection with his work 3. the accident should have occurred at the place of work to be compensable.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). payment of the compensation is made by the SSS/GSIS thru the State Insurance Fund  ART. The injury was not due to the employee’s intoxication. 3. and b. Elsa Villaflor(Labor Relations). the employee’s work must involve the risk described therein 2.any illness accepted as an occupational disease listed by the Commission or any illness caused by employment subject to proof that the risk of contraction the same is increased by working conditions LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. GOING TO OR COMING FROM WORK -When the injury is sustained when the employee is proceeding to or from his work on the premises of the employer. must have been a continuing act. Emil Bien Ongkiko. the disease was contracted within the period of exposure and under such factors necessary to contract it. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto .San Beda College of Law MEMORY AID IN 55 LABOR LAW 3. Jasmine Isip. the employee must have been performing his official functions. the employee must have been executing an order for the employer. there was no notorious negligence on the part of the employee DEATH. INGRESS-EGRESS/ PROXIMITY RULE When the injury is sustained when the employee is proceeding to or from his work on the premises of the employer. There is a need for the employer to controvert the claim within 14 days otherwise he is deemed to have waived the right 4. payment of compensation is made by the employer 3. his workplace. EXTRA-PREMISES RULE (the Shuttle 4.loss of life resulting form injury or sickness DISABILITY – loss or impairment of a physical or mental function resulting form injury or sickness DIRECT PREMISES RULE – as a general rule. DEFINITION OF TERMS INJURY –any harmful change in the human organism from any accident arising out of and in the course of employment • Conditions for an injury to be compensable: 1. the work place.

The action is selective and the employee may either choose to file the claim under either. An employee who is over 60 years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the system shall be subject to compulsory coverage. 172 LIMITATIONS OF LIABILITY . 4. 2. intramurals and picnics when initiated and sanctioned by the employer. ART. 5. Yolanda Tolentino(VC-Acads). Francis Benedict Réotutar (Labor Law). Jinky Ann Uy (Remedial Law). death or disability is a result of the employee’s: 1.NO COMPENSATION can be obtained if the injury. 6. NO. 173 EXTENT OF LIABILITY Simultaneous recovery under the Labor Code and the Civil Code cannot be made. EFFECTIVE DATE OF COVERAGE . the SC held that a self-inflicted death could be compensable: 1. and to all employees.Secretariat).intoxication. outings. But once the election is made. 168 COMPULSORY COVERAGE ECL applies to all employers. or 4. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). The employee pays no contribution to the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). SPECIAL ENGAGEMENT RULE – covers field trips. Elaine Masukat (VCEDP). Drilon dated May 23. However. 1989) since PD 1921 has lifted the ban on simultaneous recovery. SPECIAL ERRAND RULE – injury sustained outside the company premises is compensable if his being out is covered by an office order or a locator slip or a pass for official business.notorious negligence. the claimant cannot opt for the other remedy. 7. 2. Charmaine Torres (Taxation Law). CHAPTER II COVERAGE AND LIABILITY ART 170.otherwise provided by the Labor Code NOTORIOUS NEGLIGENCE – deliberate act of the employee to disregard to his own personal safety. Is death through suicide compensable? As a rule. temporary. - - STATE INSURANCE FUND : all covered employees are required to remit to a common fund a monthly contribution equivalent to 1% of the monthly salary credit of every covered employee. one greater than that to which other persons in the community are exposed and an unexpected injury occurs. Romuald Padilla (Civil Law). as held in NAESS vs NLRC. Joy Inductivo (VC-Finance). DUAL PURPOSE DOCTRINE – allows compensation where a special trip would have to be made for the employer if the employee had not combined the service for the employer with his going or coming trip. ART. by agreement of the parties. public or private including casual. Mark David Martinez (Criminal Law). POSITIONAL AND LOCAL RISKS DOCTRINE – if an employee by reason of his duties is exposed to a special or peculiar danger from the elements. Simultaneous recovery under the Labor Code and the SSS can be made (as per an advisory opinion of Sec. or substitute employees. Jennifer Ang(VC.willful intention to injure or kill himself or another. Jackie Lou Bautista (Legal Ethics) . public or private. Garny Luisa Alegre (Commercial Law). Ronald Jalmanzar (Over-all Vice Chair). emergency. the injury is compensable.56 2005 CENTRALIZED BAR OPERATIONS Bus Rule) – the company which provides the means of transportation in going to or coming from the place of work is liable to the injury sustained by the employees while on board said means of transportation. that is. 3.The employer is covered compulsorily form the first day of operation and the employee from the first day of employment. if the suicide/death is caused by work-related or compensable illness or disease ART.

Any agreement to the contrary is prohibited. public and private. for not more than 60 months to the secondary beneficiaries in case there are not primary beneficiaries 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the parents of said employee wholly dependent upon him for regular support BENEFITS 1. the employee suffers a permanent partial loss of the use of any part of his body.creates a provident savings system for employees. illegitimate children and legitimate descendants B.  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. not gainfully employed and not over 21 years of age or over 21 years of age provided that he is incapable of selfsupport due to a physical or mental defect which is congenital or acquired during minority 2.00 BENEFICIARIES PRIMARY BENEFICIARIES A. plus ten percent thereof for each dependent child. CHAPTER VI DISABILITY BENEFITS • DISABILITY CATEGORIES: IN 57 LABOR LAW 2. legitimate spouse living with the employee 3. for life to the primary beneficiaries. beginning with the youngest and without substitution. parents. adjusted and enforced. the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days PERMANENT TOTAL – if as a result of the injury or sickness.if as a result of the injury or sickness. legitimated. grandchildren MEDICARE (Repealed by National Health Insurance Act of 1995) (See annex for “PHILHEALTH”) PAG-IBIG Law. Jasmine Isip. in no case shall the total benefit be less than P15. Kareen Faye Pioquinto . Ma. dependent children (legitimate. Emil Bien Ongkiko. the legitimate.000. but not exceeding five. 211. DECLARATION OF POLICY  LABOR RELATIONS – the interactions between the employer and employees and their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated. Elsa Villaflor(Labor Relations). DEATH BENEFITS .The System shall pay to the primary beneficiaries upon the death of the covered employee an amount equal to his monthly income benefit. Jr. and legally adopted or acknowledged natural child who is unmarried. DEPENDENTS: 1.San Beda College of Law MEMORY AID fund. The income benefit shall be guaranteed for five years. dependent spouse until he remarries B. natural born or legally adopted) SECONDARY BENEFICIARIES A. EDP’S: Jennifer Trinidad. the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days PERMANENT PARTIAL . with housing as the primary investment. legitimated. TEMPORARY TOTAL – if as a result of the injury or sickness. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. grandparents. guaranteed for five years LABOR LAW COMMITTEE TITLE III BOOK FIVE LABOR RELATIONS TITLE I POLICY AND DEFINITIONS  ART.

any person acting in the interest of an employer. BUENASEDA (240 SCRA 139): Residency or resident physician position in a medical specialty is not employment but connotes training and temporary status. there is no labor relations to speak of. Romuald Padilla (Civil Law). substitute workers. PARTIES TO LABOR RELATIONS CASES: 1. Regular employment (Art.one who employs the services of others.one who works for an employer. APEX MINING CO. 212. and 3. and it has been held that the rights of the general public are paramount. and duties and the institutional mechanisms that govern the individual and collective interactions of employers. 2. Charmaine Torres (Taxation Law). rights. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).  Labor relations policy under the LC is embodied in Section 3 Article XIII of the 1987 Constitution which guarantees to all workers their right among others to: 1. management. EXCEPT when acting as an employer. • it defines the status. benefits as may be provided by law. DEFINITIONS EMPLOYER. Francis Benedict Réotutar (Labor Law). emergency laborers. Substantially equivalent and 2. employee’s organization. Yolanda Tolentino(VC-Acads).. Collective bargaining and negotiations. leading to social justice as the end goal. Jinky Ann Uy (Remedial Law).Secretariat). Collective bargaining process is possible only when there is a labor organization. Peaceful and concerted activities including the right to strike in accordance with law. and it shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice IF he has not obtained any other: 1. Jennifer Ang(VC.  ART. vs. part-time workers and other special work groups. Garny Luisa Alegre (Commercial Law). employees or their representatives. mediation and arbitration. CIR (16 SCRA 562): The category of “any employee” is so broad as to justify employee status for supervisors. adjust differences between them through the encouragement of collective bargaining. seasonal workers. Elaine Masukat (VCEDP). the public • The public is always to be considered in disputes between labor and capital. one for whom employees work and who pays their wages or salaries. i. and settle labor disputes through conciliation. FELIX vs. Absent an employer-employee relation. • Shall not be limited to the employees of a particular employer. (No E-E relationship) AND • - POLICY is intended to install industrial democracy centered on collective bargaining. Mark David Martinez (Criminal Law). Joy Inductivo (VC-Finance). Self-organization. directly or indirectly. 3. Ronald Jalmanzar (Over-all Vice Chair). (1) labor union or (2) employee association. 2.. EMPLOYEE. and 4. casual employees.58 2005 CENTRALIZED BAR OPERATIONS  LABOR RELATIONS LAW – those intended to stabilize the relations of employees and their employers. The term does not include a labor organization or any of its officers and agents. Jackie Lou Bautista (Legal Ethics) . regular workers.212f) ICAWO vs.e. a person working for salary or wages. NLRC (196 SCRA 251): Laundrywoman not actually serving the family of the employer but working in the staff houses or within the premises of the employer’s business is a regular employee and is not included in the definition of domestic helper. Participate in policy and decision-making processes affecting their rights and 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).

Emil Bien Ongkiko. underpayment of minimum  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 234. b. Sections 2-C and 2-D of these rules.Deals with the employer on matters affecting the employee’s rights. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jr. Ma. LEGITIMATE WORKER’S ASSOCIATION – refers to an association of workers organized for mutual aid and protection of its members of for any legitimate purpose other than collective bargaining registered with the Department in accordance with Rule III. fixing. benefits and welfare. national or industry union.  LABOR DISPUTE – includes any controversy or matter concerning: 1. Purposes are to: a.any labor organization with at least 10 locals/chapters or affiliates each of which must be a duly certified or recognized as the sole and exclusive collective bargaining agent of the employees of an appropriate bargaining unit. It may be affiliated with a federation. EDP’S: Jennifer Trinidad. maintaining.. terms or conditions of employment OR the association or representation of persons in negotiating. or represen tation. c. • The test of whether a labor controve rsy comes within the definitio n of a labor dispute depends on whether it involves or concerns terms.g. condition s of employm ent. Kareen Faye Pioquinto . LEGITIMATE LABOR ORGANIZATIONany labor organization which is duly registered with the Department of LABOR LAW COMMITTEE  TYPES OF LABOR DISPUTES: 1. in which case it may also be referred to as an affiliate.  INDEPENDENT UNION – It refers to any labor organization operating at the enterprise level whose legal personality is derived through an independent action for registration with the Bureau of Labor Relations (BLR) of the Department of Labor and Employment prescribed under Art. changing or arranging the terms and conditions of employment REGARDLESS of whether the disputants stand in the proximate relation of employer and employee. promote gainful employment improve working conditions and achieve increased productivity (RA 6971) Labor. LABOR ORGANIZATION — any union or association of employees which exists in whole in part for the purpose of collective bargaining with employers concerning terms and conditions of employment. FEDERATION .San Beda College of Law MEMORY AID IN 59 LABOR LAW  WORKER’S ASSOCIATION . Section 2 of Book V of the Rules Implementing the LC.  LABOR MANAGEMENT COUNCIL . Labor Standards Disputes a. Elsa Villaflor(Labor Relations). Compensation [e. 2.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).any association of workers organized for the mutual aid and protection of its members or for any legitimate purpose other than for collective bargaining. Jasmine Isip. The term includes a local/chapter of the Bureau of Labor Relations directly chartered by a legitimate federation or national union which has been duly reported to the Department in accordance with Rule VI.

6715 1 1. 2.g. reprisal or discrimination due to union activities. Francis Benedict Réotutar (Labor Law). VAC). Bargaining disputes [e. refusal to bargain (ULP). c. NLRC. Organizational right dispute/ unfair labor practice [e. Labor Relations Disputes a.. AND TITLE II NATIONAL LABOR RELATIONS COMMISSION 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).. coercion. disregard of grievance machinery. Employment tenure disputes [e.g. agencies of DOLE (BLR..g. 7700: to allow cases within the jurisdiction of any division to be heard and decided by any other decision whose docket allows the additional workload. stringent output quota. ULP strike. violation no strike/no lockout agreement] e. Three (3) sectors are represented in the composition of the NLRC.. determination of the collective bargaining unit. wage.A.Secretariat). Romuald Padilla (Civil Law). union 2. uncertainty as to determination of the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit which is the majority union] c. bargaining deadlock. PRIMARY PARTIES – employer. functions and duties through its divisions. Elaine Masukat (VCEDP). NATIONAL RELATIONS COMMISSION LABOR 2. illegal pay deductions] Benefits [ e. Office of the President  NLRC – an administrative body with quasi-judicial functions and the principal government agency that hears & decides labor-management disputes.000.A.00 and all other powers. Jennifer Ang(VC. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).. Garny Luisa Alegre (Commercial Law). Charmaine Torres (Taxation Law).. Ronald Jalmanzar (Over-all Vice Chair). Yolanda Tolentino(VC-Acads). SECONDARY PARTIES – voluntary arbitrator.60 2005 CENTRALIZED BAR OPERATIONS b. EN BANC Promulgating rules & regulations governing the hearing & disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations. nonpayment of holiday pay. Mark David Martinez (Criminal Law). unrectified work hazards] CHAPTER I CREATION AND COMPOSITION  ART. economic strike or lockout] d.g. company unionism] b. of Labor. POWERS of the NLRC – as amended by R.. overtime pay or other benefits] Working conditions [e. non regularization of employees. Jackie Lou Bautista (Legal Ethics) . Under R. Representation disputes [e.  TRIPARTISM • • The NLRC is composed of five (5) divisions. Jinky Ann Uy (Remedial Law). Contract administration or personnel policy disputes [e.g.g. 213. non-issuance of employment contract]  PARTIES TO A DISPUTE: 1. Sec.g. noncompliance with CBA provisions (ULP if gross noncompliance with economic provisions). Exercises adjudicatory or appellate power over decisions of Labor Arbiters and Regional Directors of the DOLE over monetary claims not over P5. Joy Inductivo (VC-Finance). illegal termination. employees.  DIVISION 1. attached to the DOLE for program & policy coordination only. restraint or interference in unionization efforts.

AND LABOR ARBITERS: • They shall hold office during good behavior until they LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. must have experience or exposure in handling labor management relations for at least 5 years. Cases certified to it for compulsory arbitration by the Secretary of Labor under Art.Cases DECIDED BY LABOR ARBITERS under Art 217b of the Labor Code and Sec 10 RA 8012(Migrant Workers Act). 263 – CERTIFIED CASES.00  THE NLRC ONLY SITS EN BANC FOR PURPOSES OF: a. and 3.  TERM OF OFFICE OF THE CHAIRMAN. 2. 2. must have experience or exposure in handling labor management relations for at least 3 years. • The appointment of the Chairman and the Commissioners of the NLRC are not subject to confirmation by the Commission on Appointments. formulating policies affecting its administration and operations. and 4. INJUNCTION CASES under Art. -Petitions for certiorari (Rule 65) against decisions of the NLRC should  QUALIFICATIONS OF THE CHAIRMAN AND THE COMMISSIONERS: 1. Jr.000. Emil Bien Ongkiko.nominated by the Employer’s Confederation of the Philippines (ECOP) B. IN 61 LABOR LAW reach the age of 65 unless removed for causes as provided by law or become incapacitated to discharge the function of his office. • The Commission may only sit en banc for the determination of policies and NOT for purposes of adjudication. Elsa Villaflor(Labor Relations). Kareen Faye Pioquinto . 2. AND 3. A. CONTEMPT CASES EXCLUSIVE APPELLATE JURISDICTION OF THE NLRC: 1.Cases DECIDED BY THE REGIONAL OFFICES OF DOLE IN THE EXERCISE OF ITS ADJUDICATORY FUNCTION under Art 129 of the Labor Code over monetary claims of workers amounting to not more that P5.  QUALIFICATIONS OF EXECUTIVE LABOR ARBITERS/LABOR ARBITERS: 1. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and b.San Beda College of Law MEMORY AID • Each division composed of three commissioners will have representatives from the following: 1. 3. EDP’S: Jennifer Trinidad. or appealed to it from the decision of its Labor Arbiters are referred to and decided by its five (5) divisions. EXCLUSIVE AND ORIGINAL JURISDICTION OF THE NLRC: 1. must be a member of the Philippine Bar. and 2. Jasmine Isip. 3. (RA 6715) • Adjudication of cases certified to the NLRC.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 218 and 264. must have been engaged in the practice of law in the Philippines for at least 15 years. from the public sectornominated by the Secretary of Labor workers organizationsnominated by the labor federation employer and management sector. must be members of the Philippine Bar. preferably a resident of the region where he is to hold office. promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches. 2. must have been engaged in the practice of law in the Philippines for at least 7 years. COMMISIONERS. Ma.

The Court of Appeals is procedurally equipped to resolve unclear or ambiguous factual finding. ULP cases. . 6. Yolanda Tolentino(VC-Acads). TERMINATION disputes. Romuald Padilla (Civil Law). Jinky Ann Uy (Remedial Law).62 2005 CENTRALIZED BAR OPERATIONS henceforth be initially filed with the Court of Appeals in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired. 7. including questions involving the legality of strikes and lockouts. Joy Inductivo (VC-Finance). Medicare and maternity benefits. the cases enumerated may instead be submitted to a voluntary arbitrator by agreement of the parties under Art. Charmaine Torres (Taxation Law). Francis Benedict Réotutar (Labor Law).Secretariat). JURISDICTION OF LABOR ARBITERS AND THE COMMISSION  EXCLUSIVE AND ORIGINAL JURISDICTION OF LABOR ARBITERS: Except as otherwise provided under this Code the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide. involving an amount exceeding P5. even in the absence of stenographic notes. including those of persons in domestic or household service. 3.00 regardless of whether accompanies with a claim for reinstatement. No. 4. Ronald Jalmanzar (Over-all Vice Chair).If accompanied WITH A CLAIM FOR REINSTATEMENT. CHAPTER II POWERS AND DUTIES  ART. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Garny Luisa Alegre (Commercial Law). and 8. 217. 262. CASES ARISING FROM ANY VIOLATION OF ART 264 of this Code. moral. Social Security.R. . Claims for actual. Elaine Masukat (VCEDP).In certain cases however the filing of a Motion for Reconsideration is deemed a condition sine qua non for the filing of a Petition for Certiorari. Mark David Martinez (Criminal Law). Except claims for Employees Compensation. 2. (St. those cases that workers may file involving wages. G. exemplary and other forms of DAMAGES arising from employer-employee relations. MONETARY CLAIMS OF OVERSEAS CONTRACT WORKERS under the Migrant Workers Act of 1995. within 30 calendar days after the submission of the case by the parties for decision without extension. 1. 130866) Findings of facts of a labor tribunal are accorded the utmost respect by the courts and are well-nigh conclusive if supported by substantial evidence. The law prefers voluntary over compulsory arbitration.Labor cases are not subject to Barangay Conciliation since ordinary rules of procedure are merely suppletory in character vis-à-vis labor disputes which are primarily governed by labor laws. hours of work and other terms and conditions of employment. Claims of employees against GOCCs if the latter does not have an original charter and has been incorporated under the Corporation Code. the following cases involving all workers. Martin’s Funeral Homes vs. Jennifer Ang(VC. .000. NLRC. 5.The failure of the petitioner to file a motion for reconsideration of the decision of NLRC before filing a petition for certiorari has in certain instances been held not to be a fatal omission. aside from the increased number of its component divisions. Jackie Lou Bautista (Legal Ethics) . ALL OTHER CLAIMS ARISING FROM EMPLOYEREMPLOYEE RELATIONS. • Although the provision speaks of EXCLUSIVE AND ORIGINAL JURISDICTION OF labor arbiters. rates of pay. whether agricultural or non-agricultural:  Cases which must be disposed of by the labor arbiter by referring the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).

Jr. (Lasco vs. Elsa Villaflor(Labor Relations). Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). UNRFNRE) They also have no jurisdiction over illegal dismissal cases of corporate officers which fall under PD 902-A and now fall under the jurisdiction of the Regular Courts pursuant to the New Securities Regulation Code. [Formerly under the jurisdiction of the Securities and Exchange Commission (SEC) (Dily-Daly Nakpil vs NLRC)] IN 63 LABOR LAW • LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad. those arising from the interpretation or enforcement of company personnel policies. Kareen Faye Pioquinto . Disputes on the interpretation or implementation of CBA and b.San Beda College of Law MEMORY AID same to the grievance machinery and voluntary arbitration: a. • The labor arbiter and the NLRC have no jurisdiction over claims filed by employees against international agencies such as IRRI. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jasmine Isip. WHO etc. Ma. unless they expressly waive their immunity.

218. Power to issue injunctions and restraining orders  PROCEDURE FOR THE ISSUANCE OF RESTRAINING ORDER/ INJUNCTION: a. prohibited or unlawful act. R ule-making power [promulgation of rules & regulations governing disposition of cases before any of its divisions/regional offices] b. The NLRC may conduct compulsory arbitration only in national interest cases referred to it by the DOLE secretary. to: a. P ower to issue compulsory processes [administer oaths. • That substantial and irreparable injury to the complainant’s property will follow • That as to each item of relief to be granted. Yolanda Tolentino(VC-Acads). in support of the allegations of the complaint made under oath as well as testimony in opposition thereto  COMPULSORY ARBITRATION: The process of settlement of labor disputes by a government agency which has the authority to investigate and make and award binding to the parties. RECEPTION AT THE HEARING OF THE TESTIMONIES OF WITNESSES with opportunity for crossexamination. e. Mark David Martinez (Criminal Law). Joy Inductivo (VC-Finance). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). except against the persons.64 2005 CENTRALIZED BAR OPERATIONS • In the absence of service of summons or a valid waiver thereof. issue subpoenas] c. Elaine Masukat (VCEDP). association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof. also to the Chief Executive or other public officials of the province or city within which the d. the hearings and judgment rendered by the labor arbiter are null and void. Posting of a BOND IRREPARABLE INJURY: An injury which cannot be adequately compensated in damages due to the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).Secretariat). c. or have been committed and will be continued unless restrained. Jackie Lou Bautista (Legal Ethics) . greater injury will be inflicted upon complainant by the denial of the relief than will be inflicted upon the defendants by the granting of the relief • That complainants has no adequate remedy at law • That public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection. Ronald Jalmanzar (Over-all Vice Chair). all known persons against whom the relief is sought and b. Romuald Padilla (Civil Law). HEARING AFTER DUE AND PERSONAL NOTICE has been served in such manner as the Commission shall direct. COMMISSION POWERS OF THE  POWERS OF THE NLRC: a. summon parties. Garny Luisa Alegre (Commercial Law). Contempt power [218] e. Charmaine Torres (Taxation Law). filing of a verified PETITION b.  ART. FINDING OF FACT of the Commission to the effect that : • prohibited or unlawful acts have been threatened and will be committed.  Labor arbiters’ jurisdiction is employment related. Francis Benedict Réotutar (Labor Law). Jennifer Ang(VC. unlawful acts have been threatened or committed charged with the duty to protect the complainant’s property. but no injunction or temporary restraining order shall be issued on account of any threat. Jinky Ann Uy (Remedial Law). Power to investigate matters and hear disputes within its jurisdiction [adjudicatory power—original & appellate jurisdiction over cases] d.

Regional Directors 6. including any work. or any person as the case may be for any information or date concerning any matter or question relative to the object of the investigation  ART. • The TRO shall be effective for no longer than 20 days and shall become void at the expiration of said 20 days counted from the date of the posting of the bond. and b.  The power of the NLRC to enjoin or restrain the commission of any or all prohibited or unlawful acts under Art. President (ART. unless a TRO is issued without notice.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). C onduct an ocular inspection on any establishment. material. place or premises. Ma. to justify the Commission in issuing a temporary injunction upon hearing after notice.Arbiters  ART. 263. implement. (Principe vs. 217/RULE XI Sec. Labor Arbiters (ART. 263. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. TESTIMONY UNDER OATH is sufficient. Elsa Villaflor(Labor Relations).  THE FOLLOWING CAN ISSUE INJUNCTIONS/ TRO IN LABOR DISPUTES: 1. including all reasonable costs. Jr. The complainant shall ALLEGE THAT. any Commissioner. The complainant shall first FILE AN UNDERTAKING WITH ADEQUATE SECURITY/BOND in an amount to be fixed by the Commission sufficient to recompense those enjoined for any loss. g) 3. at anytime during working hours: a. 3. 219. labor Arbiter or their duly authorized representatives may. 221. 2.San Beda College of Law MEMORY AID nature of the injury itself or the nature of the right or property injured or when there exists no pecuniary standard for the measurement of damages. NLRC (218) 4.)  RES JUDICATA applies only to judicial or quasi-judicial proceedings and NOT to the exercise of administrative powers. Secretary of Labor (ART. A sk any employee. building. ADEQUATE REMEDY: One that affords relief with reference to the matter in controversy and which is appropriate to the particular circumstances of the case. • IN 65 LABOR LAW The procedural and substantial requirements of Art 218 (e) must be strictly complied with before an injunction may issue in a labor dispute. TECHNICAL RULES NOT BINDING AND PRIOR RESORT TO AMICABLE SETTLEMENT  The NLRC may disregard technical rules of procedure in order to give life to the constitutional mandate affording protection to labor. 1 of IR&R) 5. laborer. a substantial and irreparable injury to complaint’s property will be unavoidable. • It may be lifted or it may be upgraded to a permanent injunction. expenses or damage caused by the improvident or erroneous issuance of such order or injunction. if sustained. 218 of the Labor Code can only be exercised in a labor dispute. and expense of defense against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the Commission.  REQUISITES BEFORE TRO MAY BE ISSUED EX PARTE: 1. appliance or any object therein. g) 2. Kareen Faye Pioquinto . OCULAR INSPECTION  The Chairman. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Philippine-Singapore Transport Services Inc. together with a reasonable attorney’s fee. Jasmine Isip. Emil Bien Ongkiko. EDP’S: Jennifer Trinidad. Med. ship. machinery.

avoid litigation or put an end to one already commenced. or 3. Joy Inductivo (VC-Finance). Charmaine Torres (Taxation Law). 111 Labor Code (simple monetary claim) The maximum amount to be given a lawyer for his legal assistance rendered which is 10% of the total monetary award adjudged the employees excluding the award for moral and exemplary damages. Mark David Martinez (Criminal Law). Neither the lawyer nor the union itself may require the individual workers to assume the obligation to pay the attorney’s fees from their own pockets. Jinky Ann Uy (Remedial Law). Attorney’s fees for CBA negotiations and conclusion shall be in the amount agreed upon by the parties to be taken from the union funds and not from individual union members. ATTORNEY’S FEES: 1. PURPOSE: for the employee’s protection—because the labor arbiter before whom the case is pending would be in a better position than just any other person to personally determine the voluntariness of the agreement and certify its validity (Periquet vs. Francis Benedict Réotutar (Labor Law). b. NLRC). if they represent their organization or members thereof. 2.  ART.Secretariat). the parties. Ronald Jalmanzar (Over-all Vice Chair). 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND Maricel Abarentos (Over-all Chairperson).66 2005 CENTRALIZED BAR OPERATIONS  APPROVAL OF AN AMICABLE SETTLEMENT BY A LABOR ARBITER An amicable settlement of a labor dispute should be approved by the labor arbiter before whom the case is pending after being satisfied that: a. Art.  The Rules of Court are applied in a suppletory character.  COMPROMISE. it was VOLUNTARILY ENTERED into by the parties and • after having EXPLAINED TO THEM THE TERMS AND CONSEQUENCES thereof. To demand more than this is unlawful. if he is a duly accredited member of the legal aid office duly recognized by the DOJ in  ARTICLE 211 VS ARTICLE 222 ART. as a way of settling disputes is encouraged • through compromise. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Art. ART. 211 Prohibits the award of attorney’s fees which exceed 10% of the amount of wages recovered. 2. c. 222 Prohibits the payment of attorney’s fees only when it is effected through forced contribution from the workers from their own funds as distinguished from union funds PURPOSE: to prevent the imposition on the workers of the duty SUBJECT CHAIRPERSONS PURPOSE: to fix the limit on the amount of attorney’s fees. 222 a. Jennifer Ang(VC. cases referred thereto by the latter or by the IBP. Elaine Masukat (VCEDP). 222. APPEARANCES AND FEES APPEARANCE OF NON-LAWYERS BEFORE THE COMMISSION: GENERAL RULE: ONLY lawyers can appear before the NLRC or a Labor Arbiter EXCEPTIONS: Non-Lawyers can appear ONLY in the following instances: 1. Romuald Padilla (Civil Law). This article prohibits the payment of attorney’s fees only where the same is effected through forced contributions from the workers form their own funds as distinguished from union funds. Garny Luisa Alegre (Commercial Law). by making reciprocal concessions. if they represent themselves. Any agreement to the contrary shall be null and void. Yolanda Tolentino(VC-Acads). Jackie Lou Bautista (Legal Ethics) .

San Beda College of Law
MEMORY AID
The victorious party may recover in any administrative or judicial proceeding. to individually contribute their respective shares in the fee to be paid to the attorney for his services to the union.
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CHAPTER III APPEAL
 ART. 223. APPEAL  GROUNDS FOR APPEAL: 1. If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter 2. If the decision, order or award was secured through fraud or coercion, including graft and corruption; 3. If made purely on questions of law; and 4. If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.  PERIODS WITHIN APPEAL: WHICH TO

A. decisions of the regional director: • within 5 calendar days from receipt of the order [129 LC—Recovery of wages and simple money claims of the amount not exceeding P5,000.00]. B. decisions of the labor arbiter: • within 10 calendar days from the receipt of the decision. • The appeal must be under oath and must state specifically the grounds relied upon and the supporting arguments. • Where the 10th day falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day. (Rules of Procedure of NLRC)  PERIOD EXTENDIBLE TO APPEAL—NOT

It is the policy of the state to settle expeditiously labor disputes. • The perfection of an appeal within the statutory/ reglementary period is not only mandatory but also jurisdictional and failure to do so renders the questioned decision final and executory as to deprive the appellate court of jurisdiction to alter the final judgment of the RDs and LAs. (Aboitiz Shipping Employees Association vs. Trajano)  REQUISITES FOR THE PERFECTION OF AN APPEAL TO THE NLRC: 1. Filing of A VERIFIED MEMORANDUM OF APPEAL within the required period of appeal; 2. In case of monetary award, when the appellee is the employer he should file an APPEAL BOND corresponding to the monetary award excluding awards for moral and exemplary damages and attorney’s fees. • Where the employer failed to post a bond to perfect its appeal, the remedy of the employee is a motion to dismiss the appeal, NOT a petition for mandamus. • The intention of the lawmakers is to make the bond an indispensable requisite for the perfection of an appeal by the employer. 3. Appeal fee of P150; 4. Proof of service - furnish the other party with a copy of the memo of appeal. • Failure to give a copy of the appeal to the appellee within 10 days is not fatal IF the latter was not prejudiced by the delay in the service of said copy of the appeal—technical rules must yield to the broader interest of substantial justice. (Modern Fishing Gear Labor Union vs. Noriel) • A mere notice of appeal does not stop the running of the reglementary period of appeal.

LABOR LAW COMMITTEE
 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

68

2005 CENTRALIZED BAR OPERATIONS

 EXECUTION PENDING APPEAL - the decision of the labor arbiter ordering the reinstatement of a dismissed or separated employee shall be immediately executory insofar as the reinstatement aspect is concerned and the posting of an appeal bond by the employer shall not stay such execution.
• There is no need for a motion for the issuance of writ of execution on the reinstatement order as it is selfexecutory. (Pioneer Texturizing Co. vs. NLRC)  Perfection of appeal within the reglementary period is both MANDATORY and JURISDICTIONAL. (ACDA vs NLRC; Volkschel vs NLRC)  Non-service of the copy of the appeal/appeal memorandum to the adverse party is not a jurisdictional effect and does not justify dismissal of the appeal.  AMOUNT OF APPEAL BOND: amount equal to the monetary award exclusive of damages (moral and exemplary) plus attorney’s fees.  OPTIONS OF THE EMPLOYER IN COMPLYING WITH AN ORDER OF REINSTATEMENT WHICH IS IMMEDIATELY EXECUTORY: 1. He can ADMIT THE DISMISSED employee back to work under the same terms and conditions prevailing prior to his dismissal or separation or to a substantially equivalent position if the former position is already filled up, OR 2. He can REINSTATE THE EMPLOYEE MERELY IN THE PAYROLL WITH PAYMENT OF THE ACCRUED SALARIES. • Failure to exercise one of the foregoing options may be compelled under pain of contempt and the employer may be made to pay instead the salary of the employee.  A petition for relief from the decision of the labor arbiter must

strictly comply with 2 reglementary periods: 1. The petition must be filed within 60 days from knowledge of the judgment; and 2. The petition must be filed within a fixed period of 6 months from entry of such judgment. • Petitions filed beyond said period will no longer be entertained.  APPEAL FROM THE DECISION OF THE NLRC: No law allows an appeal from a decision of the Secretary of Labor, or the NLRC, or of a voluntary arbitrator. In these cases, the special civil action of certiorari, prohibition or mandamus under Rule 65 of the Rules of Court may be lodged with the Court of Appeals. (St. Martin’s Funeral Home vs. CA)  No Motion for Reconsideration is allowed for any order, decision or award of a Labor Arbiter. However a Motion for Reconsideration of a Labor Arbiter’s decision, award or order which has all the elements of an appeal may be treated as appeal.  Only one Motion for Reconsideration of the decision, award or order of the commission on appealed cases before it.  ART 224. EXECUTION DECISIONS, ORDER, OR AWARDS OF

The decision of the Secretary of Labor, the Commission, the Bureau or Regional Director the Labor Arbiter, the Med-Arbiter or the Voluntary Arbitrator shall be final and executory after 10 calendar days from receipt thereof by the parties and shall be executory within ten (10) years. • The foregoing may, upon its own initiative or on motion of any interested party, issue a writ of execution on a judgment within 5 years from
AND

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Réotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

San Beda College of Law
MEMORY AID the date it becomes final and executory. • An independent action is required for the execution of the final judgement within the next of following 5 years [ Phil. National Railways vs NLRC (177 SCRA740, Sept. 19, 1989)] • The immediate execution of judgment should be undertaken only when the monetary award had been carefully and accurately determined by the NLRC and only after the employer is given the opportunity to be heard and to raise objections to the computation.
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69 LABOR LAW

AFFECTING LABOR MANAGEMENT RELATIONS IN ALL WORKPLACES WHETHER AGRICULTURAL OR NONAGRICULATURAL. • The parties may however, by agreement, settle their differences by submitting their case to a voluntary arbitrator rather than taking the case to the BLR.

 CASES WHERE THE BLR HAS NO JURISDICTION: Those arising from the implementation or interpretation of collective bargaining agreements which shall be subject of grievance procedure and/or voluntary arbitration.  INTRA-UNION DISPUTES – refers to any conflict between and among union members, including grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union’s constitution and by-laws, or disputes arising from chartering or affiliation.  MED-ARBITER- an officer in the regional office or bureau authorized to hear, conciliate, and decide representation cases or assist in the disposition of intra or inter-union disputes. COVERAGE OF INTER/INTRA-UNION DISPUTES (Sec. 1 Rule XI DO 40-03) a. cancellation of registration of a labor organization filed by its members or by any other labor organization; b. conduct of election of union and worker’s association officers/nullification of election of union and worker’s association officers; c. audit/accounts examination of union or worker’s association funds; d. deregistration of CBA; e. validity/invalidity of union affiliation or disaffiliation;

TITLE III BUREAU OF LABOR RELATIONS
 ART. 226. RELATIONS BUREAU OF LABOR

Pursuant to E.O. 126, the NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) has absorbed the conciliation, mediation and voluntary arbitration functions of the BLR. Jurisdiction over labormanagement problems or disputes is also exercised by other offices such as the DOLE regional offices, and the Office of the Secretary, NLRC, POEA, OWWA, SSS-ECC, the regional wage and productivity boards, NWPC, and even the regular courts over intra-corporate disputes.  EXCLUSIVE AND ORIGINAL JURISDICTION OF THE BLR -to act at its own initiative or upon the request of either or both parties on all: 1. 2. 3. INTRA- union conflicts INTER- union conflicts all DISPUTES, GRIEVANCES PROBLEMS ARISING FROM OR OR •

LABOR LAW COMMITTEE
 HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim, Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

between and among members of a union or worker’s association 1. improper expulsion procedure c. undue delay in appeal as to constitute substantial injustice d. Elaine Masukat (VCEDP). h. Joy Inductivo (VC-Finance). Francis Benedict Réotutar (Labor Law). such other disputes or conflicts involving the rights to selforganization. and 2. This includes: 1. futility of intra-union remedies b.The complaint must be signed by at least 30% of the entire membership of the union and 2. n. violations of or disagreements over any provision in a union or worker’s association constitution and by-laws. Garny Luisa Alegre (Commercial Law). validity/invalidity of voluntary recognition. validity/invalidity of impeachment/ expulsion of union and worker’s association officers. action of the administrative agency is patently illegal. INVOLVING ENTIRE MEMBERSHIP Imposition of fees by the union affects the entire membership. Mark David Martinez (Criminal Law). Jinky Ann Uy (Remedial Law). • EXTENDED COVERAGE (Section 2 Rule XI DO 40-03) Other related labor relations disputes shall include any conflict between a labor organization and the employer or any individual. where the administrative agency had already prejudged the case i. opposition to application for union and CBA registration. entity. g. and collective bargaining – 1.Secretariat). i. Charmaine Torres (Taxation Law). • Redress must first be sought within the union itself in accordance with its constitution and by-laws EXCEPT under any of the following circumstances: a.It must also show exhaustion of administrative remedies. j. therefore it requires that the complaint should be signed by at least 30% of the membership of the union. B. validity/invalidity of acceptance/non-acceptance for union membership. Romuald Padilla (Civil Law). Ronald Jalmanzar (Over-all Vice Chair). Yolanda Tolentino(VC-Acads).In such case only the affected member may file the complaint. Jackie Lou Bautista (Legal Ethics) . disagreements over chartering or registration of labor organizations and CBAs. between and among legitimate labor organizations 2. k. union membership. INVOLVING A MEMBER ONLY . m. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). cancellation of registration of unions and workers associations. a petition for interpleader  SPECIAL REQUIREMENTS AS TO THE FILING OF CASES: A. violations of the rights and conditions of union or worker’s association membership.70 2005 CENTRALIZED BAR OPERATIONS f. arbitrary. violations of the rights of legitimate labor organizations. except interpretation of CBAs. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). or group that is not a labor organization or worker’s association. lack of jurisdiction of the investigating body f. where the administrative agency was practically given the opportunity to act on the case but it did not. Jennifer Ang(VC. issue is purely a question of law h. and oppressive g. the action is for damages e. l.

Directly with the Bureau—If it involves a Federation/National Unions/Industry Unions. where the complaint originated (records are transmitted to the BLR or Sec. Thereafter. Elsa Villaflor(Labor Relations). relief(s) prayed for. 2—any party-in-interest 1. . in writing 2. WHERE FILED FORMAL REQUIREMENTS  SUMMARY OF RULES ON INTRA/INTER-UNION DISPUTES (Rule XI DO 40-03)  MODES OF APPEAL IN INTRA/INTERUNION DISPUTES (Rule XI DO 40-03) 1. nature of the complaint or petition. Jasmine Isip. For grounds under Sec. name. b. relationships and obligations of the parties litigants against each other and other parties-in-interest prior to the institution of the petition shall continue to remain during the pendency of the petition and until the date of finality of the decision rendered therein. and i. Under oath HOW (formal 2. Within 24 hours from receipt of the memorandum of appeal) WHO . relationships and obligations of the parties litigants against each other and other partiesin-interest shall be governed by the decision so ordered. e. 1: a. verified under oath 3. worker’s association. Kareen Faye Pioquinto . h. For grounds under Sec. Gross violation of the Rules 4. Of Labor—if the case originated from the PERIOD TO WHOM APPEALABLE 1.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). g. EDP’S: Jennifer Trinidad.The filing or pendency of any inter/intraunion disputes is not a prejudicial question to any petition for certification election and shall not be a ground for the dismissal of a petition for certification election or suspension of proceedings for certification election. certificate of non-forum shopping. Consist of a requirements) memorandum of appeal 3. Grave abuse of discretion b. cause(s) of action or specific violation(s) committed. the rights. any LLO b. a statement that the administrative remedies provided for in the constitution and by-laws -have been exhausted or -such remedies are not readily available to the complainant(s) or petitioner(s) through no fault of his/their own or -compliance with such administrative remedies does not apply to complainant(s) or petitioner(s). EFFECTS OF FILING/PENDENCY OF INTER/INTRA-UNION DISPUTE AND OTHER LABOR RELATIONS DISPUTES (Section 3 Rule XI DO 40-03) IN 71 LABOR LAW WHERE FILED Bureau Regional Office or to the BLR. c. With supporting arguments and evidence Within 10 days from receipt of decision 1. Sec.If it involves labor unions with independent registrations. f. Bureau of Labor Relations—if the case originated from the Med Arbiter/Regional Director 2. Based on either of the following grounds: a.San Beda College of Law MEMORY AID  INTER-UNION DISPUTES -refers to any conflict between and among legitimate labor organizations involving representation questions for purposes of collective bargaining or to any other conflict or dispute between legitimate labor organizations based on any violations of their rights as labor organizations. other relevant matters  DETERMINATION OF EMPLOYEE RELATIONSHIP: EMPLOYER- LABOR LAW COMMITTEE 1 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. facts and circumstances surrounding the complaint or petition. chartered locals. Jr. address and other personal circumstances of the complainant(s) or petitioner(s). contains the following averments a. Ma. its officers or members 2. d. Emil Bien Ongkiko. its officers or members 1. Regional Office that issued its certificate of registration or certificate of creation of chartered local.The rights. member(s) thereof specially concerned 2. name. address and other personal circumstances of the respondent(s) or person(s) charged.

inter alia. original and exclusive. The KEEPING OF A REGISTRY of labor unions. in compromise.R. regard it as rescinded and insist upon original demand. and 4. b. Romuald Padilla (Civil Law). NLRC and other agencies on labor disputes.72 2005 CENTRALIZED BAR OPERATIONS - Since the BLR has the original and exclusive jurisdiction to decide. Elaine Masukat (VCEDP). Mark David Martinez (Criminal Law). The maintenance of a file of all settlements or final decisions of the Supreme Court. COMPROMISE AGREEMENTS. 3. Inc. morals or public policy.  REQUIREMENTS QUITCLAIM: OF A VALID  ADMINISTRATIVE FUNCTIONS OF THE BLR: 1. VALIDITY/BINDING EFFECT . Francis Benedict Réotutar (Labor Law). • May be effected at any stage of the proceedings and even when there is already a final executory judgment (2040 NCC). to determine the existence of an employer-employee relationship. The REGULATION OF REGISTRATION of the labor unions. The agency that has jurisdiction thereon may decide on the incidental issues. must not be contrary to law. (Jesalva vs. in writing 2. WITHOUT ASSISTANCE OF DOLE-COMPROMISE AGREEMENTS Without assistance With the of DOLE assistance of DOLE a.Valid and binding . REPUDIATION Can be . or coercion OPTIONS WHEN COMPROMISE AGREEMENT IS VIOLATED: 1. 22 April 1991) • In cases where there is overlapping of jurisdiction. Garny Luisa Alegre (Commercial Law). case of non compliance with the compromise agreement. The maintenance of a FILE OF CBAS. Ronald Jalmanzar (Over-all Vice Chair). ART.  REQUIREMENTS: a. Laguesma G. Court of Appeals. or if there is prima facie evidence that the settlement was obtained through fraud. determine the principal issue. Jackie Lou Bautista (Legal Ethics) . signed in the presence of the regional director or his duly authorized representative. 2.Can no longer be repudiated by the repudiated— parties by going to becomes final and the Commission binding upon the parties upon NOTE: ULP cases execution EXCEPT are not subject to a. in the exercise of this jurisdiction over labor-management relations. and c. misrepresentation. must be freely entered into. FORMAL REQUIREMENTS OF A VALID COMPROMISE AGREEMENT: 1. the Med-Arbiter has the authority. enforce compromise by writ of execution 2. 227. must be approved by the authority before whom the case is pending [see discussion on article 221—approval of labor arbiter of an amicable settlement in a case before him. No. Joy Inductivo (VC-Finance). WITH vs. (MY San Biscuits.Valid and binding upon the parties upon the parties b. vs. Jinky Ann Uy (Remedial Law). all disputes. Jennifer Ang(VC. 9511. • Cannot be entered into when the final judgment is already in the process of execution. grievances or problems arising from or affecting labor-management relations in all workplaces. necessarily. Bautista) 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Charmaine Torres (Taxation Law). Yolanda Tolentino(VC-Acads). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).Secretariat).

COMMUNICATION PRIVILEGED COMMUNICATION: Any statement of such privacy that the law exempts the person receiving the information from the duty to disclose it. INC. REGISTRY OF UNIONS AND FILE OF COLLECTIVE AGREEMENT • The CBA is more than a contract. 2. WAIVER OF REINSTATEMENT – like waivers of money claims. Once it is duly entered into and signed by the parties. The quitclaim must be VOLUNTARILY ARRIVED at by the parties. Bureau of Labor Relations or any representative of the DOLE. it is highly impressed with public interest for it is an essential instrument to promote industrial peace.  Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence in the Commission. • Conciliators and similar officials may not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them. to until minimize union the proper time PRIVILEGED   ART 233. An UNREGISTERED CBA does not bar certification election [contract bar rule will not apply in the absence of registration. • •  Registration of the CBA is not a requisite for its validity. PROHIBITION CERTIFICATION ELECTION ON 3. which period is called the freedom period.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Emil Bien Ongkiko. PURPOSE: “politicking” comes. Kareen Faye Pioquinto . and The CONSIDERATION MUST BE REASONABLE (required only when entered without the assistance of DOLE) • Dire necessity is not an acceptable ground for annulling the releases. LIBERTY FLOUR MILLS EMPLOYEES v. NLRC) ART 231. a waiver of reinstatement must be regarded as a personal right which must be exercised personally by the workers themselves. It must be WITH THE ASSISTANCE of the Bureau of Labor Standards. [See discussion on Arts. the Bureau is not allowed to hold an election contesting the majority status of the incumbent union except during the sixty (60) day period immediately prior to its expiration. (Veloso vs. Jr. Elsa Villaflor(Labor Relations). Ma. EDP’S: Jennifer Trinidad. Must be filed directly with the Bureau or the Regional Offices of DOLE within thirty (30) days from execution. DOLE) IN 73 LABOR LAW validity to such contract. a CBA becomes effective as between the parties regardless of whether or not the same has been certified by the BLR. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. (Jag & Haggar Jeans and Sportswear Corp. Jasmine Isip. vs.San Beda College of Law MEMORY AID 1. LFM. especially in the absence of proof that the employees were forced to execute them. 180 SCRA 668  The certification of the CBA by the BLR is not required to put a stamp of LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  The existence of the CBA bars the holding of an inter-union electoral contest and the filing of the Petition for Certification Election except within the freedom period.  ART 232. 253 & 253-A] CONTRACT BAR RULE: provides that while a valid and registered CBA is subsisting for a fixed period of 5 years .

with a statement that it is not reported as a chartered local of any federation or national union. collective bargaining or b. its principal address. Yolanda Tolentino(VC-Acads).Attachments  name of the applicant labor union.Registration with the BLR (Independent Union) 2. Elaine Masukat (VCEDP). and for the protection of labor against the unjust exactions of capital TITLE IV LABOR ORGANIZATIONS CHAPTER I REGISTRATION AND CANCELLATION  ART. Charmaine Torres (Taxation Law). REQUIREMENTS OF REGISTRATION LABOR ORGANIZATION . • Not every legitimate labor organization can act as bargaining representative and be certified as such. Romuald Padilla (Civil Law). o the annual financial reports if the applicant has been in existence for one or more years. Jackie Lou Bautista (Legal Ethics) .Any union or association of employees which exists in whole or in part for the purpose of: a. • It is the agent of the employees of an appropriate bargaining unit.Application for registration 4. o the name of all its members comprising at least 20% of the employees in the bargaining unit.Affiliation with a legitimate labor federation [REGISTRATION REQUIREMENTS FOR LABOR ORGANIZATIONS (as amended by DO 40-03)] 3. Mark David Martinez (Criminal Law). Garny Luisa Alegre (Commercial Law). Jennifer Ang(VC. MODES OF ACQUIRING LEGITIMACY FOR LABOR ORGANIZATIONS 1. 234. unless it has not collected any amount from the members. and Bureau of Labor Relations. of dealing with employer concerning terms and conditions of employment. Francis Benedict Réotutar (Labor Law). This is true only of a union that has won in certification election or has been voluntarily recognized by the employer. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Jinky Ann Uy (Remedial Law). o the minutes of the organizational meeting(s) and the list of employees who participated in the said meeting(s). Joy Inductivo (VC-Finance). Ronald Jalmanzar (Over-all Vice Chair). PRINCIPLE OF AGENCY APPLIED • Principal – employees • Agent – local/chapter • Agent of agent – federation LEGITIMATE LABOR ORGANIZATION or LABOR UNION – any labor organization duly registered with the Department of Labor and Employment. o approximate number of employees in the bargaining unit where it seeks to operate.  the name of its officers and their respective addresses.74 2005 CENTRALIZED BAR OPERATIONS PURPOSE OF FORMATION OF LABOR UNIONS: for securing a fair and just wages and good working conditions for the laborers. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). in which case a statement to this effect shall be included in the application.Secretariat).

It is merely a condition sine qua non for the acquisition of legal personality by labor organizations. it becomes mandatory for the BLR to check if the requirements under Article 234 have been sedulously complied with. A valid exercise of police power since the activities in which labor organizations. as the case may be. Jr. Elsa Villaflor(Labor Relations). a labor organization should be denied recognition as a legitimate labor organization. If its application for registration is vitiated by falsification and serious irregularities. (These are called reportorial requirements)  The application for registration of labor unions xxx. Kareen Faye Pioquinto . • LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. .After a labor organization had filed the necessary papers and documents for registration. shall be certified under oath by its Secretary or Treasurer. Jasmine Isip. The list of ratifying members shall be dispensed with where the constitution and by-laws was ratified or adopted during the organizational meeting. For registration of independent labor unions. 2. chartered locals. (PAFLU vs. associations or unions and the possession of the rights and privileges granted by law to labor organizations. and the list of the members who participated in it. In such a case.  The attachments must now be in one(1) original copy and two (2) duplicate copies which shall accompany the application or notice. April 18. especially those appearing on the face of the application and the supporting documents. associations. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad. 115077.San Beda College of Law MEMORY AID o the applicant’s constitution and by-laws. national unions or workers’ associations operating in more than one region shall be filed with the bureau or the regional offices. which should be protected. (Progressive Development Corporation-Pizza Hut vs. or unions of workers are engaged affect public interest. Sec. GR No. and submitted to the Regional Office or the Bureau. The requirement of registration is NOT a curtailment of the right to association. but shall be processed by the bureau. Laguesma et al. Of Labor) 1. It shall be processed by the Labor Relations Division at the Regional office. Ma. the factual circumstances of the ratification shall be recorded in the minutes of the organizational meeting(s). minutes of its adoption or ratification. and attested by its president.  A prescribed registration fee must be paid before the issuance of the certificate of registration Where to registration: file application for • IN 75 LABOR LAW  MINISTERIAL DUTY OF THE BLR COMPELLABLE BY MANDAMUSto review the application for registration and not the issuance of a Certificate of Registration.. Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 1997)  PURPOSE OF REGISTRATION Registration with the BLR is the operative act that gives rights to a labor organization. Applications for registration of federations. worker’s associations shall be filed with the Regional office where the applicant principally operates. • It is the fact of being registered with the DOLE that makes a labor organization legitimate in the sense that it is clothed with legal personality to claim representational and bargaining rights enumerated in Article 242 or to strike or picket under Article 263.

Report of affiliation of independently registered labor union 2. Joy Inductivo (VC-Finance). Francis Benedict Réotutar (Labor Law). supporting the registration of such applicant federation or national union. c.The procedure of affiliation would depend on whether the union is independently registered or not.Secretariat). the total number of members comprising the labor union and the names of members who approved the affiliation. resolution of the labor union’s board of directors approving the affiliation. the application should also be accompanied by the following: 1. the federation is not actively involved in union affairs in the company. which must be accompanied with the requirements for registration of a labor registration. and b. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. Yolanda Tolentino(VC-Acads). Aside from the application. Elaine Masukat (VCEDP). Proof of affiliation of at least 10 locals or chapters. Charmaine Torres (Taxation Law). Attachments: a. written notice to the employer concerned if the 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jackie Lou Bautista (Legal Ethics) . Mark David Martinez (Criminal Law). and e. Jinky Ann Uy (Remedial Law).  REQUIREMENTS BEFORE FEDERATION CAN BE ISSUED CERTIFICATE OF REGISTRATION: A A affiliating union is the incumbent bargaining agent. d. REQUIREMENTS OF AFFILIATION (as amended by DO 40-03) 1. Ronald Jalmanzar (Over-all Vice Chair). A LOCAL UNION MAY DISAFFILIATE FROM THE FEDERATION.  A LOCAL UNION MAY AFFILIATE WITH A FEDERATION . 2. Romuald Padilla (Civil Law). Garny Luisa Alegre (Commercial Law).any labor organization with at least 10 locals/chapters or affiliates each of which must be duly certified or recognized as the sole and exclusive collective bargaining agent of the employer they represent. the rank and file employees are not directly under the control of the supervisors  ONCE AFFILIATED. each of which must be a duly recognized sole and exclusive collective bargaining agent in the establishment or industry in which it operates. b.  A union of supervisory employees may affiliate with a national federation of labor organizations of rank and file employees PROVIDED that: a. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). minutes of the general membership meeting approving the affiliation. the certificate of affiliation issued by the federation in favor of the independently registered labor union.76 2005 CENTRALIZED BAR OPERATIONS FEDERATION. Jennifer Ang(VC.

c. Jasmine Isip. EFFECT OF DISAFFILIATION TO THE UNION [local]  Applicatio n for registration is filed with and will be acted upon by the DOLE regional office where the applicant’s principal office is located. the union becomes a local chapter of the Federation. Stateme nt of the set of officers and Books of accounts. In such case. the local or chapter will not lose its legal personality until the expiration of the CBA. Elsa Villaflor(Labor Relations). it would cease to be a legitimate labor organization and would no longer have legal personality and the rights and privileges granted by law to legitimate organization.San Beda College of Law MEMORY AID IN 77 LABOR LAW INDEPENDENT REGISTRATION  Obtained TO a. The CBA would continue to be valid. Jr.an existing CBA would continue to be valid as the labor organization can continue administering the CBA LABOR LAW COMMITTEE 1 CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. The local chapter will not lose its personality until the expiration of the CBA. upon severance. After the CBA expires the local union looses its personality. federation or national union is filed with the regional office or BLR with 30 days after the issuance of the charter certificate.would not independent affect its being a legitimate registration. unless the local chapter is covered by a duly registered collective bargaining agreement. EDP’S: Jennifer Trinidad.  Chapter/local of  Independent union  With legal personality of its own b. Copies of its constitution and by-laws b. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. After the CBA expires it will lose its legal personality unless it registers as an independent union.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto . In the latter case.HOW by union AFFILIATE organizers in an enterprise through their own action INDEPENDENTLY CHARTERING REGISTERED UNREGISTERED -byA signingduly contract a registered affiliation federation/nation al union issues a charter to a union in an enterprise and registers the charter with the regional office or the BIR.  No legal personality of its own as long as it has not availed itself of . EFFECT OF DISAFFILIATION TO THE CBA . and therefore it would continue to have legal personality and to possess all Charter certificate and is the rights privileges of a issued by a legitimate labor organization. all of which must be certified by the Secretary/Treasurer and attested to by the President. Emil Bien Ongkiko. unless it registers anew. Ma. labor organization -by application of the union with the federation for the issuance of a charter certificate to be submitted to the Bureau accompanied by the following: a.

Romuald Padilla (Civil Law).Decisions of the BLR denying the registration of a labor organization is appealable to the Secretary of Labor within 10 calendar days from receipt of the decision. or b. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). EXCEPTION: MAJORITY • DISAFFILIATION BY • The revocation shall divest the local chapter of its legal personality upon receipt of the notice by the Bureau. disaffiliation may still be carried out. gross incompetence even before the onset of the freedom period. Jinky Ann Uy (Remedial Law). Mark David Martinez (Criminal Law). 236.union dues may no longer be collected as there would no longer any labor union that is allowed to collect such union dues from the employees. decision of the regional office or the bureau denying the application for registration shall be: 1.Secretariat). Yolanda Tolentino(VC-Acads). Elaine Masukat (VCEDP). APPEAL . Joy Inductivo (VC-Finance). however. on grounds of: a. WORKER’S ASSOCIATION: Association of workers for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining. • A prohibition to disaffiliate in the Federation’s constitution or by-laws is valid—intended for its own protection. (Rule VIII Section 5 of the IRR) This happens when there is a substantial shift in allegiance on the part of the majority of the members of the union. In such a case. Garny Luisa Alegre (Commercial Law). Jackie Lou Bautista (Legal Ethics) . but such disaffiliation must be effected by a majority of the union members in the bargaining unit. DENIAL OF REGISTRATION. . the CBA continues to bind the members of the new or disaffiliated and independent union up to the CBA’s expiration date. • Principal – employees • Agent – local/chapter Agent of agent – federation WHEN TO DISAFFILIATE GENERAL RULE: A labor union may disaffiliate from the mother union to form an independent union only during the 60-day freedom period immediately preceding the expiration of the CBA. applicant union must be furnished a copy of said decision AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Ronald Jalmanzar (Over-all Vice Chair). Note: Follow the principle of agency between federation and local. -  REVOCATION OF CHARTER BY THE FEDERATION by serving the local/chapter a verified notice of revocation. stating in clear terms the reason for the decision 3. copy furnished the Bureau on the ground of disloyalty or such other grounds as may be specified in its constitution or by-laws. Jennifer Ang(VC. unless in the meantime the local chapter has acquired independent registration. grave abuse of discretion. Charmaine Torres (Taxation Law). LIMITATION: disaffiliation should be in accordance with the rules and procedures stated in the Constitution and by-laws of the federation.  ART. in writing 2.78 2005 CENTRALIZED BAR OPERATIONS d. Francis Benedict Réotutar (Labor Law). ENTITLEMENT TO UNION DUES AFTER DISAFFILIATION -labor organization is entitled to the union dues and not the federation from which the labor organization disaffiliated.

CANCELLATION REGISTRATION. Violation of any of the provisions of Art. Emil Bien Ongkiko. Kareen Faye Pioquinto . and the labor organization is merely an agent of the former. GROUNDS: 1. Jasmine Isip. that the said labor organization no longer meets one or more of the requirements prescribed by law. OF DOLE decides within 20 days from receipt of records • SUPREME COURT. Grave abuse of discretion 2. 238. consequently. 234 (requirements for registration of a labor union) & 237 (add’l. EDP’S: Jennifer Trinidad. subject however to the understanding that whatever decision may be rendered therein will be binding only upon those members of the union who have not signified their desire to withdraw from the case before its trial and decision on the merits. Jr. 2. 241 (rights and conditions of membership) of the code.Rule 65 *Appeal by memo of appeal within 10 days from receipt of notice. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Regional Office • transmit records within 24 hours from receipt of Memo of Appeal • BUREAU decides within 20 days from receipt of records • SUPREME COURT. The certificate of registration of any legitimate labor organization shall be cancelled by the BLR if it has reason to believe.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 239 of the Code which provides for the grounds for cancellation of union registration.Where a labor union is a party in a proceeding and later it loses its registration permit in the course or during the pendency of the case. Commission of any of the acts enumerated under Art. 239 (grounds for cancellation of union registration) of the Code 3. • A pronouncement as to the illegality of the strike is not within the meaning of Art.No petition for cancellation based on this ground 0may be granted unless supported by at least 30% of all the members of the respondent labor organization or worker’s association. Violation of rules as amended. such union may continue as a party without need of substitution of parties. Bureau • transmit records within 24 hours from receipt of memo of appeal • SEC.San Beda College of Law MEMORY AID  ART. would not deprive the consenting member-employees of their right to continue the case as they are the considered as the principals] LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Failure to comply with any of the requirements prescribed under Arts. reqts.  EFFECT OF CANCELLATION OF REGISTRATION IN THE COURSE OF PROCEEDINGS . after due hearing. Elsa Villaflor(Labor Relations). federation registration) of the Code.  GROUNDS FOR CANCELLATION: 1. Ma. APPEAL OF IN 79 LABOR LAW MODES OF APPEAL DENIAL or CANCELLATION BY: A.Rule 65 B. [Principle of Agency applied —the employees are the principals. the cancellation of the union’s registration.

Misrepresentation. Failure to comply with any of the requirements under Arts. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Misrepresentation. Entering into collective bargaining agreements which provide terms and conditions of employment below minimum standard established by law [CBA-BELOW MINIMUM STANDARDS]. 239. Joy Inductivo (VC-Finance).80 2005 CENTRALIZED BAR OPERATIONS  ART 239. FOR: 1. 2. Yolanda Tolentino(VC-Acads). the MINUTES of ratification. • WHO MAY FILE Any party in interest. Garny Luisa Alegre (Commercial Law). Failure to submit the following documents [RATIFICATION OF CONSTI/BY-LAWS]: a. Acting as a labor contractor or engaging in the “CABO” SYSTEM. the minutes of ratification. b. Jackie Lou Bautista (Legal Ethics) . Failure to submit the Annual Financial report to the Bureau within 30 days after the closing of every fiscal year and misrepresentation. Other than for mandatory activities under this Code. LC AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). (Sweetheart Agreements) 3. or c. failure to submit these documents together with the list of the newly elected/appointed officers and their postal addresses within 30 days from election B. 234. MINUTES of the election of officer and the list of voters. Francis Benedict Réotutar (Labor Law). b. Jinky Ann Uy (Remedial Law). ELECTION of officers. 2. the LIST OF MEMBERS who took part in the ratification. CANCELLATION REGISTRATION GROUNDS FOR OF UNION 3. Mark David Martinez (Criminal Law). or otherwise engaging in any activity prohibited by law. 239.  GROUNDS FOR CANCELLATION OF UNION REGISTRATION: A. Asking for or ACCEPTING ATTORNEY’S FEES OR NEGOTIATION FEES from the employers. False statement or Fraud in connection with [RATIFICATION OF CONSTI/BYLAWS]: a. false entries and fraud in the 4. 2. Legitimate individual labor union. and Failure to comply with the REQUIREMENTS UNDER ARTICLES 237. the ADOPTION OR RATIFICATION of the constitution and by-laws or amendments thereto. Elaine Masukat (VCEDP). INACTION OR OMISSION 1. Failure to submit a LIST OF INDIVIDUAL MEMBERS of the Bureau once a year or whenever required by the Bureau. C. Chartered local 3. Worker’s association • WHERE TO FILE Regional Director who has jurisdiction over the place where respondent principally operates (30 days to decide). 237 and 238 LC b. if ground is: a. Jennifer Ang(VC. CANCELLATION OF REGISTRATION A. the adoption or ratification of the constitution and by-laws or amendments thereto. 2. 4. and the list of members who took part in the ratification *Within 30 days from adoption or ratification of the constitution and by-laws or amendments thereto. checking off special assessment or any other fees without duly signed individual written authorization of the members [UNLAWFUL ASSESSMENTS]. Violation of any provision under Art. Charmaine Torres (Taxation Law). b. and c. Ronald Jalmanzar (Over-all Vice Chair). false statement or fraud in connection with the [ELECTION PAPERS]: a. LC Take note of the cancellation proceedings if violation is D and J of Art. UNLAWFUL ACTS 1. FRAUDULENT ACTS 1. Romuald Padilla (Civil Law).Secretariat). preparation of the financial report itself.

Ma. updated list of individual members of chartered locals. 241. as well as the updated list of their authorized representatives. Kareen Faye Pioquinto . in the case of federations or national unions. FOR: 1.It shall be the duty of every legitimate labor union and workers’ association to submit to the Regional Office or Bureau which issued its certificate of registration or certificate of creation of chartered local. EDP’S: Jennifer Trinidad. another notice for compliance shall be made by the Bureau. two (2) copies of each of the following documents: a. Federations 2. or from the occurrence of any change in the officers of agents of the labor organization or workers association’ d. updated list of newly-elected officers. with warning that failure on its part to comply with the reportorial requirements within the time specified shall cause the continuation of the proceedings for the administrative cancellation of its registration 3rd Notice Where no response is again REPORTING REQUIREMENTS OF LABOR UNIONS AND WORKERS ASSOCIATIONS (Rule V DO 40-03) . c. CBAs executed and their effectivity period. Elsa Villaflor(Labor Relations). National or Industry unions 3. together with the appointive offices or agents who are entrusted with the handling of funds. Jasmine Isip.San Beda College of Law MEMORY AID IN 81 LABOR LAW B. as the case may be. Any party-in-interest 1st Notice Bureau shall send by registered mail with return card notice for compliance indicating the documents it failed to submit and the corresponding period in which they were required. within 30 days after the close of each fiscal year. with notice to comply with the said reportorial requirements and to submit proof thereof to the Bureau within 10 days from receipt thereof 2nd Notice Where no response is received by the Bureau within 30 days from the release of the 1st notice.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards). any amendment to its constitution and by-laws and the minutes of adoption or ratification of such amendments. updated list of its chartered locals and affiliates or member LABOR LAW COMMITTEE WHO MAY FILE THE PETITION THREENOTICE REQUIRE MENT  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. b. within 30 days after each regular or special election of officers. agents or signatories in the different regions of the country. and e. Jr. within 30 days from its adoption or ratification. independent unions and workers’ associations within 30 days after the close of each fiscal year. Motu propio by the Bureau 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  RULES ON ADMINISTRATIVE CANCELLATION OF CERTIFICATE OF REGISTRATION OF LLOs DUE TO NONCOMPLIANCE WITH THE REPORTORIAL REQUIREMENTS: WHEN PROPER Failure to comply with its legal duty to submit the documents required to be submitted under Rule V of DO 40-03 for 5 consecutive years 1. subject to the 39% rule organizations. Emil Bien Ongkiko. Trade union centers • • WHERE TO FILE Bureau Director ( 30 days to decide) WHO MAY FILE Only the members of the Labor Organization concerned if grounds are actions involving violations of Art. annual financial reports within 30 days after the close of each fiscal or calendar year.

laws. When no response is received by the Bureau within 30 days from the date of publication or when the Bureau has verified the dissolution of the labor organization. whichever is appropriate. 243 on persons who are not granted the right to self-organization): 1. Yolanda Tolentino(VC-Acads). Right to Information . THE  PERSONS WHO ARE PROHIBITED FROM BECOMING MEMBERS/OFFICERS OF A LABOR ORGANIZATION UNDER THE LABOR CODE (see also notes under Art. At least 30% of all the members of the union or any member or members specifically concerned may report such violation to the Bureau.241 (e)] 2. 3. to vote on officers compensation. Mark David Martinez (Criminal Law). Francis Benedict Réotutar (Labor Law). 241 (f)]  In general. g. the collective bargaining agreement. Subversives or those engaged in subversive activities [Art. e. to access financial records. it shall order the cancellation of registration of the labor organization AND cause its de-listing from the roster of legitimate labor organizations c. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION  GENERAL GROUPINGS OF RIGHTS OF THE UNION MEMBERS: 1. f. a select its own person has an membership in union is free to members. subject to lawful provisions on qualifications and disqualifications. d. 241. against imposition of excessive fees. Elaine Masukat (VCEDP). Rights Over Money Matters . b.82 2005 CENTRALIZED BAR OPERATIONS received by the Bureau within 30 days from release of the 2nd notice. [Art. 2. to require adequate records of income and expenses. The labor org.Secretariat). and no absolute right to a union. right against unauthorized collection of contributions or unauthorized disbursements. CHAPTER II RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION  ART. Charmaine Torres (Taxation Law). Joy Inductivo (VC-Finance). Deliberative and Decision-Making Right . 248]: a. the Bureau shall cause the publication of the notice of cancellation of registration of the labor organization in 2 newspapers of general circulation. to vote on special assessment. cannot compel employees to become members of AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). to be deducted a special assessment only with the member’s written authorization. Persons who have been convicted of a crime involving moral turpitude shall not be eligible for election as union officer or for appointment to any position in the union. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Romuald Padilla (Civil Law). Jennifer Ang(VC. b. Garny Luisa Alegre (Commercial Law). Ronald Jalmanzar (Over-all Vice Chair). • Any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or expulsion of an officer from office.the right to vote and be voted for. 4. Political right .the right to be informed about: a.the right to participate in deliberations on major policy questions and decide them by secret ballot.the right of the members: a. LIMITATIONS [see discussion on union security arrangements under Art. Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law). and labor laws. the organization’s constitution and by.

b. 241(e) [subversives] of the labor code are prohibited from becoming a member a labor organization. fines or assessments.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma. b. Substantial compliance to the aforementioned procedure is not enough—the requirements must be strictly complied with in view of the fact that the special assessment will diminish the compensation of union members. neither may an agency fee.  REQUIREMENTS IN MAKING SPECIAL ASSESSMENTS or OTHER EXTRAORDINARY FEES (Art. NATURE AND PURPOSE OF CHECK-OFF: • to facilitate the collection of dues necessary for the union’s life and sustenance. DEDUCTED FROM . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jasmine Isip. Jr. CONSENT May not be deducted from the salaries of the union members without the written consent of the workers affected . persons mentioned in Art. the amounts due to the union for fees. Kareen Faye Pioquinto . purpose and the beneficiary of the deduction. (Palacol et. 3. c. the votes cast. Elsa Villaflor(Labor Relations). amount b. EDP’S: Jennifer Trinidad.members of a union for the payment of union dues. . not the Labor Arbiter  UNION DUES VS. • Union dues are the lifeblood of the union. the approval must be AT A GENERAL MEMBERSHIP MEETING DULY called for that purpose • The secretary of the organization shall record the minutes of the meeting including: a. The authorization state the: should specifically a. b. the purpose of the assessment or fees • • The record shall be attested by the President. 241 [o]): NO special assessment. al) REQUIREMENTS WITH REGARD TO CHECK-OFFS (Art. as a lesser form of union security. Ferrer-Calleja et. al vs.  Jurisdiction over check-off disputes is with the Regional Director of the DOLE. IN 83 LABOR LAW period. and c. registration fees or any other extraordinary fees may be checked off from any amount due an employee WITHOUT an individual written authorization duly signed by the employee. be imposed LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. he resolution must have BEEN APPROVED BY A MAJORITY of all the members 1.non-members of the bargaining agent (union) for the enjoyment of the benefits under the CBA.San Beda College of Law MEMORY AID their labor organization if they are already member of rival union. Emil Bien Ongkiko.May be deducted from the salary of employees without their consent. the list of all members present. AGENCY FEE UNION DUES AGENCY FEE a. If a closed shop agreement cannot be applied to them. attorney’s fees. members of religious organization whose religion forbade membership in labor organization could not be compelled into union membership. 241 [n]): there must be a WRITTEN RESOLUTION 2.  CHECK-OFF .a method of deducting from an employee’s pay at prescribed • Agency fee cannot be imposed on employees already in the service and are members of another union.

Said nonmembers may be assessed agency fees equivalent to that paid by members only by a Board Resolution approved by majority of the members in a general meeting called for the purpose. Sue and be sued 3. Yolanda Tolentino(VC-Acads). it voluntarily assumes the responsibility of representing all employees in the appropriate bargaining unit.Secretariat). Exclusive representative of all employees 4. 2. benefic iary of the deduction. Undertake activities for benefit of members 2. Furnished by employers of audited financial statements 6.84 2005 CENTRALIZED BAR OPERATIONS to them.  SPECIAL ASSESSMENT vs. 242. Represent union members 5. San Miguel Brewery Inc)  EXCEPTION TO THE REQUIREMENT OF INDIVIDUAL WRITTEN AUTHORIZATION: 1. amount b. Elaine Masukat (VCEDP). CHECK-OFF SPECIAL ASSESSMENTS CHECK-OFF a. Francis Benedict Réotutar (Labor Law). and When non-members of the union avail of the benefits of the CBA. purpose and c. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).said non-members may be assessed union dues equivalent to that paid by members . (Union Dues) -by obtaining the individual written authorization duly signed by the employee which must specify: a. HOW APPROVED -by written resolution approved by majority of all the members at a meeting duly called for that purpose b. When non-members of the union avail of the benefits of the CBA. (Agency Fees) -not necessary if: 1.only by a Board Resolution approved by majority of the members in a general meeting called for the purpose Will the employees-members of another union not be considered as free riders? No since when the union bids to be the bargaining agent. Romuald Padilla (Civil Law). For mandatory activities provided under the Code. and 2. For mandatory activities provided under the Code. Garny Luisa Alegre (Commercial Law). Ronald Jalmanzar (Over-all Vice Chair). . Jinky Ann Uy (Remedial Law). Mark David Martinez (Criminal Law). Charmaine Torres (Taxation Law). Own properties 7. Jennifer Ang(VC. EXCEPTION TO SUCH REQUIREMENT -no exception—written resolution is mandatory at all instances.Exempted from taxes TITLE V COVERAGE 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). (NABAILU vs. CHAPTER III RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS  ART. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS RIGHTS OF A LEGITIMATE LABOR ORGANIZATION [USERFOE]: 1. Joy Inductivo (VC-Finance). Jackie Lou Bautista (Legal Ethics) .

In religious. COVERAGE AND EMPLOYEES’ RIGHT TO SELF– ORGANIZATION  PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR PURPOSES OF COLLECTIVE BARGAINING: 1.PURPOSE OF Sabilala(Labor Standards).Corporations with original charters cannot bargain with the government concerning the terms and conditions of their employment. 4). This embodies the principle of reciprocity. BARGAINING RIGHTS . mass leaves. provided the same right to form. Thus. they have unlimited bargaining rights. Jr. then employees are covered by the Labor Code. b. 180 Sec. They are enjoined by Civil Service Memorandum Circular No. LAW . Thus. Therefore the employees have the same rights as those as employees of private corporations. Foreigners validly working in the Philippines [with permit from DOLE] can form labor organizations. 180 Sec. charitable. LABOR LAW COMMITTEE 2. industrial and agricultural (CIA) enterprises.  SUBJECT HEADS: Aimee Roselle . All persons employed in commercial.  PERSONS/EMPLOYEES WHO ARE NOT GRANTED THE RIGHT TO SELFORGANIZATION: (HEMACEN) 1. 6. Maria Fe Taal (Special Laws)  EDP: Flora Sherry ORGANIZATION . join or Basquiñez . under pain of administrative sanctions from staging strikes. Confesor) (Metrolab GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITHOUT ORIGINAL CHARTER . Confidential employees vs. High-level government employees (E. (Meralco vs. IN 85 LABOR LAW Self-employed people Itinerant workers and Workers without any definite employers.Can form. join or assist labor Isip. to law.only Sform. Jasmine assist labor organization organization for for purposes not contrary purposes of CBA. one of which is the right to strike. 6. they have limited bargaining rights. policemen. Ambulant. Intermittent.The GOCC is created under Corporation Code. Emil Bien Ongkiko. 5. . 3. join or assist in the formation of labor unions is also given to Filipinos in their country of origin.ASST. firemen and jail guards (E. Secretary of Labor) c. 3) (MANAGERIAL GOVERNMENT EMPLOYEES) 2. Employees of cooperatives who are members (Benguet Elec. etc.O. Elsa Villaflor(Labor Relations). they may now freely join a labor organization of the rank-and-file or that of the supervisory union. vs Calleja) Non-Employees Ople) (Rosario Bros. 2. Managerial employees • whose functions are normally considered as policy-making or managerial • whose duties are of a highly confidential or highly technical in nature (212 LC) 4. medical or educational (RCME) institutions whether operating for profit or not  PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR MUTUAL AID AND PROTECTION (AIRSIW): 1.O. However. Ma. Calleja) 3. 243. vs 7. and 4.San Beda College of Law MEMORY AID  ART. Employees of international organizations with immunities (ICMC vs. walkouts and other concerted activities. MAY SECURITY GUARDS FORM A LABOR ORGANIZATION? YES. 5. Under RA 6715. GOVERNMENT – OWNED OR CONTROLLED CORPORATIONS WITH AN ORIGINAL CHARTER a. being governed by the Labor Code. demonstrations.Employees cannot stage strikes since they are governed by the Civil Service Law. they can negotiate with the government on those terms and conditions of employment which are not fixed by law. Kareen Faye Pioquinto  Can EDP’ : Jennifer Trinidad. Rural.  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. depending on their rank.The GOCC is created under Corporation Code. including police officers. Members of the Armed Forces of the Philippines. they can bargain with the government concerning the terms and conditions of their employment. Coop. 6.

discharge. such bargaining power is limited. work assignment of pregnant women 3. they are not involved in public service 2. lay-off. assign or discipline employees. promotion c. however.  MANAGERIAL EMPLOYEE . Jennifer Ang(VC.  MANAGERIAL EE UNDER LS AND LR AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). To form.O. schedule of vacation and other leaves 2. suspend. facilities requiring capital outlays c. 180 has jurisdiction to hear charges of ULP filed by government employees against their employer. created by E. special hospitalization.  THE FOLLOWING ARE CONSIDERED NEGOTIABLE IN GOCCs WITH ORIGINAL CHARTER: 1. Those which require appropriation of funds. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). increase in retirement benefits • NOTE: The Public Sector Labor Management Council (PSLMC). appointments b. trainings. Those that involve the exercise of management prerogatives. Garny Luisa Alegre (Commercial Law). INELIGIBILITY OF MANAGERIAL EMPLOYEES TO JOIN ANY LABOR ORGANIZATION. rice/sugar/other subsidies g. increase in salary emoluments and other allowance not presently provided for by law b. they are governed by the provisions of the Labor Code not by the Civil Service Law  ART. medical and dental services f. join and assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and 2. revision of compensation structure f.for their mutual aid and protection. reclassification/upgrading of position e. personnel growth and development 4. provision for first-aid medical services for married women 8. car plan d. 245. distribution of work load i. To engage in lawful concerted activities for the same purpose.Secretariat). provident fund e. Yolanda Tolentino(VC-Acads). RIGHTS OF EMPLOYEES IN THE PUBLIC SERVICE 2. Joy Inductivo (VC-Finance). Charmaine Torres (Taxation Law). communication system – lateral and vertical 5. social. study grants h. Romuald Padilla (Civil Law).86 2005 CENTRALIZED BAR OPERATIONS  EXTENT OF THE RIGHT TO SELFORGANIZATION 1. provision for facilities for handicapped personnel 7. penalties imposed as a result of disciplinary actions g. Elaine Masukat (VCEDP).  ART.one who is vested with powers or prerogatives to lay down and execute management policies and /or to hire. provision for protection and safely 6. recall. Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law). athletic and cultural activities and facilities (Rules implementing WO 180)  THE FOLLOWING ARE CONSIDERED NOT NEGOTIABLE: 1. annual medical/physical examination 9. external communication linkages Government employees and employees of government-owned and controlled corporations with original charters may bargain. Francis Benedict Réotutar (Labor Law). terms of employment are not fixed by law 3. recreational. such as: a. Mark David Martinez (Criminal Law).  REASONS WHY EMPLOYEES IN GOCCs INCORPORATED UNDER THE CORPORATION CODE ARE ALLOWED TO ORGANIZE: 1. travel expenses h. RIGHT OF SUPERVISORY EMPLOYEES. assignments/details d. such as: a. transfer. Ronald Jalmanzar (Over-all Vice Chair). 244. selection of personnel to attend seminar.

the rank and file employees are not directly under the control of the supervisors (Adamson vs. (Engineering Equipment. • The union can also become company-dominated with the presence of managerial employees in Union Membership (Bulletin Publishing Co. • Employment. the labor union might not be assured of their loyalty to the union in view of the evident conflict of interest. Kareen Faye Pioquinto . NLRC) MAY THEY AFFILIATE WITH A FEDERATION OF LABOR ORGANZATIONS OF RANK AND FILE EMPLOYEES? YES. • The TEST IS: Do they exercise independent judgment which is not subject to evaluation of other department heads/other superiors? If in the affirmative. EXTENT .  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). on their own and NOT with the rank-and-file employees (RA 6715). then they may-must form a labor organization of their own [separate from the rank and file employees] If their responsibilities do not inherently require the exercise of discretion and independent judgment [or merely routinary/clerical in nature] then they may join the union composed of the rank and file employees. It cannot petition for a certification election. ASSIST.See definition above IN 87 LABOR LAW is not merely routinary or clerical in nature but requires the use of independent judgment.  SUPERVISORY EMPLOYEES . much less ask to  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad. • In the same manner. the federation is not actively involved in union affairs in the company. MAY SUPERVISORY EMPLOYEES FORM. Elsa Villaflor(Labor Relations). vs. Ma. JOIN A LABOR ORGANIZATION? YES.  Reason for ineligibility in the collective bargaining process. Provided that: a. Augusto Sanchez). vs. effectively recommend such managerial actions if the exercise of such authority LABOR LAW COMMITTEE NOTE: It is the nature of the employee’s functions and not the nomenclature or title given to his job which determines whether he has a rank and file or managerial status. and to see to it that its interests are well protected. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. and b.includes the officers and members of the managerial staff Managerial Employees under Labor Relations . Jr. c.does not include the managerial staff since they are classified as supervisory employees [who may/may not be eligible to join a labor union with the rank and file employees] . Emil Bien Ongkiko.San Beda College of Law MEMORY AID Managerial Employees under Labor Standards a.to determine an employee’s eligibility in joining/forming a labor union. Adamson)  EFFECT OF HAVING MIXED MEMBERSHIP – A union whose membership is a mixture of the supervisors and the rank and file is not and cannot become a legitimate labor organization. Hon. managerial employees are the alter ego of the employers and thus they are supposed to be on the side of the employer to act as its representatives. Jasmine Isip. in the interest of the employer.primary duty consists of the management of the establishment in which they are employed or of a department or subdivision b.those who. Inc. The employer is not assured of such protection if these employees are union members.to determine w/n certain employees are covered by Book III of the LC on Conditions of . PURPOSE OF DEFINITION . Inc. POWERS/DUTIES .

DISRUPT INDUSTRIAL PEACE. Elaine Masukat (VCEDP).88 2005 CENTRALIZED BAR OPERATIONS be recognized as the bargaining representative of employees. Vs. b. the rationale behind the ineligibility of managerial employees to form. restrain. but by the significance of the jobholder’s role in the pursuit of corporate objectives and strategies. 246. which is technically called “unfair labor practice. It is not measured by closeness to or distance from top management. i. assist or join a labor union equally applies to them. (SMC Supervisors & Exempt Union vs. Hon. hinder the promotion of healthy and stable labor-management relations and mutual respect [LABOR-MNGT RELATIONS-UNSTABLE]. will not render an employee a confidential employee. Francis Benedict Réotutar (Labor Law). It stresses labor nexus. or care and protection of the employer’s property. (Philips Industrial Dev’t Inc. coerce. NLRC) . • Access to information which is regarded by the employer to be confidential from the business standpoint. UNFAIR LABOR PRACTICES  NATURE PRACTICES: 1. Romuald Padilla (Civil Law).e. Jinky Ann Uy (Remedial Law). Laguesma.Secretariat). Joy Inductivo (VC-Finance). • Every managerial position is confidential because one does not become a manager without having gained the confidence of the appointing authority. he may be a supervisory or even a rank-andfile employee. they assist and act in a confidential capacity to. Torres) NOTE: The phrase “in the field of labor relations” is important. confidential employees are similarly disqualified under Article 245. Jennifer Ang(VC.. Garny Luisa Alegre (Commercial Law). et al.they are entrusted with confidence on delicate matters. Yolanda Tolentino(VC-Acads).by the very nature of their functions. 2.  CONFIDENTIAL EMPLOYEES . Therefore. c. Charmaine Torres (Taxation Law). Ronald Jalmanzar (Over-all Vice Chair). 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jackie Lou Bautista (Legal Ethics) .  ART. • Any act intended to weaken or defeat the right is regarded by law as an offense. 247. are INIMICAL TO THE LEGITIMATE INTERESTS of both labor and management. confidentiality of the position is related or linked to labor relations matters. Mark David Martinez (Criminal Law). or with the custody. including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect 3. such as financial information or technical trade secrets.with employees and workers in their exercise of the right to self-organization. d.) • Confidentiality is not a matter of official rank. have access to confidential matters of persons who exercise managerial functions in the field of labor relations. NON-ABRIDGEMENT OF THE RIGHT TO SELF-ORGANIZATION “THE RIGHT TO SELF-ORGANIZATION SHALL NOT BE ABRIDGED” MEANS: It shall be unlawful for any person to: a. (Republic Planters Bank vs. discriminate against. handling. it is a matter of job content and authority. or unduly interfere . OF UNFAIR LABOR VIOLATE THE CONSTITUTIONAL RIGHT of workers and employees to self-organization. or. But not every confidential employee is managerial. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). and 4.” TITL E VI UNFAIR LABOR PRACTICES CHAPTER I CONCEPT  ART. Under the doctrine of necessary implication.

organization. Ma. • It commonly connotes antiunionism. Agents and officers agents of who participated or employer or authorized or ratified 2. employer-employee relationship between the offender and the offended 2. C. JURISDICTION -Labor Arbiters of -MTC/RTC as the case the NLRC may be. 2. the act. must be free from employer hostility to union organization 4. except Art. Labor the act. ULP THAT MAY BE COMMITTED BY AN EMPLOYER (1-10) 1. Officers and 1.one year from . PRESCRIPTIVE PERIOD . Kareen Faye Pioquinto . INTERFERENCE Examples: .San Beda College of Law MEMORY AID  2 ELEMENTS OF UNFAIR LABOR PRACTICE: 1. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. obtain employee participation voluntarily 3. Jasmine Isip. To INTERFERE WITH. however it will be suspended once the administrative case has been filed and would only continue running once the administrative case has attained finality. • It also refers to gross violation of CBA provisions. act done is expressly defined in the Code as an act of unfair labor practice 3. CHAPTER II UNFAIR LABOR PRACTICES OF EMPLOYERS  ART 248. Without this. Gross means the act is malicious and flagrant. PERSONS LIABLE 1. it is now considered a criminal offense triable by the criminal court NOTE: Prohibited acts are all related to the workers' self-organizational right and the the observance of a CBA. assure him that no reprisal would take place 2. RESTRAIN OR COERCE EMPLOYEES . Jr. • ULP has a technical meaning. must not be coercive in nature -intimidating expressions of opinion by employer CRIMINAL CASE A. although the offender may either be an employer or a labor organization • It refers to acts opposed to workers' right to organize. members agents of the government board. Agents. Final judgment in the administrative proceeding finding that ULP has been committed is a prerequisite in filing a criminal case for ULP NOTE: Final judgment in the administrative proceedings shall not be binding in the criminal case nor shall be considered as an evidence of guilt but merely as a proof of compliance of the requirements prescribed by the Code. QUANTUM OF PROOF NEEDED -substantial -beyond reasonable doubt evidence [subject to prosecution and punishment] LABOR LAW COMMITTEE  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. including ordinary members B. Emil Bien Ongkiko. 248 (f) dismissing or prejudicing an employee for giving testimony under the Code. Elsa Villaflor(Labor Relations). • It is a practice unfair to labor.one year from the the accrual of the accrual of the ULP act.outright and unconcealed intimidation .interrogation employer must communicate to the employee the purpose of questioning 1. no matter how unfair. EDP’S: Jennifer Trinidad.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards). officers and representatives.  2 ASPECTS PRACTICE: CIVIL CASE OF UNFAIR LABOR IN 89 LABOR LAW D. ULP act. is not ULP.in the exercise of their right to self-organization.

including the giving of financial or other support to it or its organizers or officers. or coerce employees in the exercise of their right to self-organization. TO REQUIRE AS A CONDITION FOR EMPLOYMENT THAT A PERSON OR AN EMPLOYEE . and 2. Mark David Martinez (Criminal Law). To INITIATE. Yolanda Tolentino(VC-Acads). 2. or attempt to foster. It is ULP only when the following conditions exist: 1.shall not join a labor organization or . Does Art. Garny Luisa Alegre (Commercial Law). such contracting-out interferes with. (Formation of Company Union) 5.Employees are coerced to sign contracts disadvantageous to their family.90 2005 CENTRALIZED BAR OPERATIONS TEST OF INTERFERENCE OR COERCION whether the employer has engaged in conduct which it may reasonably be said tends to interfere with the free exercise of the employees' right and it is not necessary that there be direct evidence that any employee was in fact intimidated or coerced by the statements of threats or the employer if there is a reasonable interference that the anti-union conduct of the employer does have an adverse effect of selforganization and collective bargaining. To CONTRACT OUT SERVICES OR FUNCTIONS BEING PERFORMED BY UNION MEMBERS when such will interfere with. DOMINATE.shall withdraw from one to which he belongs.A promise exacted from workers as a condition of employment that they are not to belong to. when the contracting-out is being done to minimize expenses. It is null and void because: .It is entered into without consideration for employees in waiving their right to selforganization .  YELLOW DOG CONTRACT . Francis Benedict Réotutar (Labor Law).Secretariat). 3. . a union during their period of employment. hours of work. Elaine Masukat (VCEDP). . Jinky Ann Uy (Remedial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). restrain or coerce employees in the exercise of their right to self-organization. ASSIST OR OTHERWISE INTERFERE with the formation or administration of any labor organization. Jackie Lou Bautista (Legal Ethics) . To DISCRIMINATE IN REGARD TO WAGES. Joy Inductivo (VC-Finance). TEST OF DISCRIMINATION.out are being performed by union members. To DISMISS. Ronald Jalmanzar (Over-all Vice Chair). Charmaine Torres (Taxation Law). HOWEVER. restrains.whenever benefits or privileges given to one is not given to the other under similar or identical conditions when directed to encourage or discourage union membership (see more discussions below) 6. the service contracted. Contracting out services is not ULP per se.It is contrary to public policy for it is tantamount to involuntary servitude. 248 (3) mean that an employer cannot contract out work? NO. then it is a valid exercise of management prerogative. and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. 4. Romuald Padilla (Civil Law). DISCHARGE OR OTHERWISE PREJUDICE OR DISCRIMINATE against an employee for having given or being about to give testimony under this Code. (The only ULP act which is not anti-unionism) DISCRIMINATION BECAUSE OF TESTIMONY • TEST: the subject matter of the testimony can be anything under the Code • what is ULP is the employer's retaliatory act regardless of the subject of employee's complaint or testimony 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jennifer Ang(VC.

 SECURITY ARRANGEMENTS stipulations in the CBA requiring membership in the contracting union as a condition for employment or retention of employment in the company. Elsa Villaflor(Labor Relations). not upon mere suspicion. employee formation on outright demand or influence by employer c. 248(5) (DISCRIMINATION): 1.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). It allows an agency shop arrangement whereby agency fees may be collected from non-union members. To VIOLATE A COLLECTIVE BARGAINING AGREEMENT.an industrial plant moved by its owners from one location to another to escape union labor regulations or state laws or to discriminate against employees at the old plant because of their union activities. It prohibits discrimination in terms and conditions of employment in order to encourage or discourage membership in the union.the violation must be gross and with respect to the economic provision of the CBA (flagrant and with malice) • All the aforementioned acts (Nos. employer encouragement and assistance by immediate granting of exclusive recognition as bargaining agent without LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. TO VIOLATE THE DUTY TO BARGAIN COLLECTIVELY AS PRESCRIBED BY THIS CODE. or any other 9.  PRINCIPLES OF UNION SECURITY ARRANGEMENTS: 1.  DISCRIMINATION FOR OR AGAINST UNION MEMBERSHIP TEST OF DISCRIMINATION: That the discharge of an employee was motivated by his union activity. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Jr. outright formation by employer or his representatives b. Jasmine Isip. TO PAY NEGOTIATION OR ATTORNEY’S FEES TO THE UNION OR ITS OFFICERS OR AGENTS as part of the settlement of any issue in collective IN 91 LABOR LAW determining whether the union represents majority of the employees 4.ULP where employer prohibits employees from exercising their rights under the Code. 2.  CONSTRUCTIVE DISCHARGE . Ma. 3. direct or circumstantial. 19) must have a relation to the employees’ exercise of their to selforganization. on pain of discharge.(GROSSLY!) . managerially motivated formation by employees 2. It gives validity to union security agreements. Emil Bien Ongkiko. bargaining or disputes. Kareen Faye Pioquinto . pays attorney's fees to the attorney who drafted the Constitution or by laws of the union 3.To shield union members from whimsical and abusive exercise of management prerogatives.San Beda College of Law MEMORY AID 7. Such inference must be based on evidence.  COMPANY UNIONISM 1. EDP’S: Jennifer Trinidad. financial support to the union by: a.  RUNAWAY SHOP . permitting union activities during work time or coercing employees to join the union by threats of dismissal or demotion. Initiation of the company union idea by: a. employer defrays union expenses b. supervisory assistance by soliciting membership. 8. Anti-union or antiorganization motive must be proved because it is a definitional element of ULP. Protection . and the employee quits as a result of the prohibition  THREE COMPONENTS OF ART.

• This is directed against “FREE RIDER” employees who benefit from union activities without contributing support to the union. Self-preservation. 4. • 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). it voluntarily assumed the responsibility of representing all the employees in the appropriate bargaining unit.does not have any retroactivity . The employer has the right to hire from the open market if union members are not available. employees belonging to any religious sect which prohibit affiliation of their members with any labor organization are not covered by such agreement—The free exercise of religious belief is superior to contract rights (Victoriano vs. Jinky Ann Uy (Remedial Law). within a specific period. SEMI-CLOSED SHOP AGREEMENT. CLOSED-SHOP AGREEMENT . Yolanda Tolentino(VC-Acads).has no requirement for the employee to remain as member of the contracting union in good standing as a condition for continued employment. Mark David Martinez (Criminal Law). Ronald Jalmanzar (Over-all Vice Chair). Elizalde Rope Workers). b. Elaine Masukat (VCEDP).apply only to new hires EXCEPTIONS: a. Francis Benedict Réotutar (Labor Law). become a member of the contracting union and remain as such in good standing for continued employment for the duration of the CBA [take note of the 2. to prevent a situation of non-union members enriching themselves at the expense of union members.] 3. members of the rival union are not covered by such arrangement. Garny Luisa Alegre (Commercial Law). PREFERENTIAL SHOP AGREEMENT – an agreement whereby the employer merely agrees to give preference to the members of the bargaining union in hiring. Romuald Padilla (Civil Law). Jennifer Ang(VC. in the preceding MAINTENANCE OF MEMBERSHIP CLAUSE . Charmaine Torres (Taxation Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). for the duration of the agreement. 5.the agreement DOES NOT require non-members to join the contracting union BUT provides that those who are members thereof at the time of the execution of the CBA and those who may thereafter on their own volition become members must for the duration of the agreement maintain their membership in good standing as a condition for continued employment in the company for the duration of the CBA. UNION SHOP AGREEMENT -stipulation whereby any person can be employed by the employer but once employed such employee must. Joy Inductivo (VC-Finance). Employee members of another/rival union are not considered free riders since when the union [agent] bids to be the bargaining agent.the employer undertakes not to employ any individual who is not a member of the contracting union and the said individual once employed must. remain a member of the union in good standing as a condition for continued employment. AGENCY SHOP AGREEMENT . promotion or filing vacancies and retention in case of lay-off.92 2005 CENTRALIZED BAR OPERATIONS Benefits An additional membership will insure additional source of income to the union in the form of union dues and special assessment.Secretariat). 3.It strengthens the union through selective acceptance of new members on the basis of commitment and loyalty. . 2.  DIFFERENT KINDS OF UNION SECURITY ARRANGEMENTS: (EXCEPTIONS TO ULP ON INTERFERENCE ON THE EMPLOYEES’ EXERCISE OF THEIR RIGHT TO SELFORGANIZATION) 1. exceptions number.an agreement whereby employees must either join the union or pay to the union as exclusive bargaining agent a sum equal to that paid by the members. Jackie Lou Bautista (Legal Ethics) .

d. However. 2. including the demand for a fee for union negotiations. TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO PAY OR DELIVER OR AGREE TO PAY OR DELIVER ANY MONEY or other things of value. a labor organization shall have the right to prescribe its own rules with respect to the acquisition or retention of membership. The agreement must be expressed in a CLEAR AND UNEQUIVOCAL way so as not to leave room for interpretation because it is a limitation to the exercise of the right to self-organization. 3. Kareen Faye Pioquinto . The agreement can only have PROSPECTIVE APPLICATION and cannot be applied retroactively. It cannot be applied to employees who are already MEMBERS OF THE RIVAL UNION or to the employees based on their religious beliefs. To GROSSLY VIOLATE A COLLECTIVE BARGAINING AGREEMENT. To VIOLATE THE DULY OR REFUSE TO BARGAIN COLLECTIVELY with the employer provided that it is the representative of the employees. • It is not featherbedding if the work is performed no matter how unnecessary or useless it may be. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS a. for services which are not performed or not to be performed. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. for services which are not performed or not to be performed. or f. (This is called FEATHERBEDDING) e. To RESTRAIN OR COERCE employees in the exercise of their right to selforganization. Emil Bien Ongkiko. as when a union demands that the employer maintain personnel in excess of the latter’s requirements. • Any doubt must be resolved against the existence of a closed-shop agreement.  PERSONS CIVILLY LIABLE FOR ULP: 1. The termination of the services of the employee is not automatic upon the request of the union. in the nature of exaction. Elsa Villaflor(Labor Relations). The employer has the right to satisfy himself that there are sufficient bases for the request of the union. It can only be exercised by giving the employee his right to DUE PROCESS.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). including discrimination LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.refers to the practice of the union or its agents in causing or attempting to cause an employer to pay or deliver or agree to pay or deliver money or other things of value. CHAPTER III UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS  ART. Labor organization.San Beda College of Law MEMORY AID IN 93 LABOR LAW  REQUIREMENTS FOR A VALID TERMINATION BY THE EMPLOYER OF THE SERVICES OF AN EMPLOYEE PURSUANT TO A UNION OR CLOSEDSHOP AGREEMENT: 1. To ASK FOR OR ACCEPT NEGOTIATION OR ATTORNEY’S FEES FROM EMPLOYERS as part of the settlement of any issue in collective bargaining or any other dispute. c.  SWEETHEART DOCTRINE – considers it ULP for a labor organization to ask for or accept negotiation or attorney’s fees from the employer in settling a bargaining issue or dispute 4. Jasmine Isip. officers and agents 3.  FEATHERBEDDING . To CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE AGAINST AN EMPLOYEE.The violation must be gross and must be with respect to economic provisions of the CBA flagrantly and with malice. EDP’S: Jennifer Trinidad. Officers and agents of employer 2. Jr. . in the nature of an exaction. Ma. b. 249. Agents and officers who participated or authorized or ratified the act.

proof of ratification AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Mark David Martinez (Criminal Law). payment of P1. including mandatory provisions for grievances and arbitration machineries. wages. either party may REQUEST FOR A CONFERENCE which must be held within 10 days from receipt of request. with the employer. hours of work and other terms and conditions of employment and the settlement of disputes by negotiation between an employer and the representative of his employees. mandatory provisions b. POSSESSION OF THE STATUS OF MAJORITY representation by the employees’ representative in accordance with any of the means of selection or designation provided for by the Labor Code. PROCEDURE IN COLLECTIVE BARGAINING  COLLECTIVE BARGAINING –negotiation by an organization or group of workmen. 250. (Kiok Loy vs. If not settled NCMB MAY INTERVENE AND ENCOURAGE the parties to submit the dispute to a voluntary arbitrator 5. • During the conciliation proceeding in the Board. NEGOTIATION Process 3. Romuald Padilla (Civil Law). Ronald Jalmanzar (Over-all Vice Chair). Yolanda Tolentino(VC-Acads). Francis Benedict Réotutar (Labor Law). Jennifer Ang(VC. PROCEDURE BARGAINING 1. RATIFICATION by the majority of all the workers in the bargaining unit represented in the negotiation (not necessary in case of arbitral award) 6. in behalf of its members. the parties are prohibited from doing any act which may disrupt or impede the early settlement of the disputes (250[d] LC). 000 c. 5 copies of CBA d. b. concerning wages. IN COLLECTIVE TITLE VII COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS  ART. all other terms and conditions of employment in a bargaining unit. Written NOTICE with statement of proposals 2.a negotiated contract between a legitimate labor organization and the employer concerning: a. Jackie Lou Bautista (Legal Ethics) .written notice for negotiation which must be clear and unequivocal 2. 4.  8 STAGES IN THE NEGOTIATION FOR A COLLECTIVE BARGAINING AGREEMENT: 1.  The mechanics of collective bargaining is set in motion only when the following JURISDICTIONAL PRECONDITIONS are present: 1. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. and c. PUBLICATION for at least 5 days before ratification 5. EXECUTION Process – signing of the agreement 4. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). NLRC) COLLECTIVE BARGAINING AGREEMENT (CBA) . REPLY by the other party within 10 calendar days with counter proposals 3. Jinky Ann Uy (Remedial Law). hours of work. 2. Elaine Masukat (VCEDP). PRELIMINARY process . Charmaine Torres (Taxation Law). If not resolved. proof of MAJORITY REPRESENTATION (Certification of the BLR that the representative of the employees in the sole and exclusive bargaining agent having won in a certification election). REGISTRATION Process Requisites for registration: a. and 3. the parties may go to where they want AND RESORT TO ANY OTHER LAWFUL MEANS [either to settle the dispute or submit it to a voluntary arbitrator]. Garny Luisa Alegre (Commercial Law).94 2005 CENTRALIZED BAR OPERATIONS • resulting CBA is considered a “sweetheart contract” – a CBA that does not substantially improve the employees’ wages and benefits. • Negotiation towards a collective agreement.Secretariat). In case of differences. Joy Inductivo (VC-Finance).

adoption of an adamant bargaining position in good faith LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  ART. make a concession. the duty to bargain collectively does not compel any party to: a. Jr. family planning 6. bad faith in bargaining [boulwarism]. 253) • Collective bargaining does not end with the execution of the agreement. failure or refusal to meet and convene b. ADMINISTRATION Process – the CBA shall be jointly administered by the management and the bargaining agent for a period of 5 years 8. including failure or refusal to execute the CBA. he is free to bargain or not to bargain. Kareen Faye Pioquinto . as long as he continues to negotiate. Ma. as to other matters. the parties cannot stipulate terms and conditions of employment which are below the minimum requirements prescribed by law (Meaning of duty to bargain when there exists a CBA. gross violation of the CBA Do economic exigencies justify refusal to bargain? An employer has been held not guilty of refusal to bargain by adamantly rejecting the union's economic demands where he is operating at a loss. rates of pay 7. or b. IN 95 LABOR LAW No room for “Take it or Leave it” posture. grievance machinery 4. agree to a proposal. see discussion under Art. EXECUTING A CONTRACT incorporating such agreements if requested by either party. hours of work 3. Elsa Villaflor(Labor Relations). CA) Note: Employer’s duty to bargain is limited to mandatory bargaining subjects. MEANING OF DUTY TO BARGAIN COLLECTIVELY  DUTY TO BARGAIN COLLECTIVELY the performance of a mutual obligation: a. evading the mandatory subjects of bargaining c. It is a continuous process.San Beda College of Law MEMORY AID 7. But financial hardship constitutes no excuse for refusing to bargain collectively. to MEET AND CONVENE promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages. or in a depressed industry. if requested d. voluntary arbitration 5. mutual observance clause • In addition. INTERPRETATION AND APPLICATION Process  MANDATORY PROVISIONS OF THE CBA: 1. hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and b. 252. (Republic Savings Bank vs. wages 2. ACTS NOT DEEMED REFUSAL TO BARGAIN: 1.  FOUR (4) FORMS OF ULP IN BARGAINING: a. LIMITATIONS: 1. Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. on a low profit margin. 2. The duty to bargain imposes on the parties during the term of their agreement the mutual obligation to meet and confer promptly and expeditiously and in good faith for the purpose of adjusting any grievances or question arising under such agreement. the Bureau requires that the CBA should include a clear statement of the terms of the CBA. Emil Bien Ongkiko.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). EDP’S: Jennifer Trinidad.

Secretariat). Party A is committing ULP. he will be construed as bargaining in bad faith. 2.96 2005 CENTRALIZED BAR OPERATIONS 2. amend or alter the provisions of the CBA shall be filed within the sixty (60) day period. -re-negotiable provisions of Jennifer Ang(VC. over a non-mandatory subject party may not insist on bargaining to the point of impasse. certification Mangundayao (Political the non-representation(Taxation Law). B. union seeks recognition inappropriately large unit for an REASON: duty to bargain requires meeting and convening on the terms and conditions of employment but does not require assent to the other party's proposals. Party B may complain that Party A's posture is just an excuse to avoid bargaining on the mandatory. -the economic provisions however may be renegotiated not later than three (3) years. Party B can charge that Party A is bargaining in bad faith or is evading bargaining on terms and conditions of employment . It is the duty of both parties to: a. Elaine Masukat (VCresolved by holding EDP). NOTE: What the rule forbids is the posture of making settlement of a nonmandatory subject a pre-condition to the discussion or settlement of a mandatory subject. union seeks to represent some persons who are excluded from the Code 7. 253. immediately prior to the expiration of the CBA. essential subjects of bargaining. refusal to bargain over demands for commission of ULP 3. Mark David Martinez (Criminal Law). if beyond 6 months the effectivity is by agreement of the parties. thus. otherwise. Jinky Ann Uy (Remedial Law). the demand for recognition and bargaining is made within the year following a certification election in which the clear choice was no union and no ad interim significant change has taken place in the unit 9.party may insist on bargaining and will not be construed as bargaining in bad faith 253 A. the union makes unlawful bargaining demands BARGAINING TO THE POINT OF DEADLOCK OR IMPASSE: 1. Francis Benedict Réotutar (Labor Law). 253-A/256 . Hence. . refusal to bargain during period of illegal strike 4. WHAT MAY BE CHANGED DURING THE CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS representation 2005 60. Ronald Jalmanzar (Over-all Vice Chair). A petition for certification election may be entertained and a certification election may be conducted within the 60-day period immediately prior to the expiration of the CBA. Those economic provisions entered within 6 months from the expiry of their term as fixed in the CBA shall retroact to the day immediately following such date. EXAMPLE: The employer's insistence that the union should change its negotiator before bargaining can proceed to the employees' wage and benefits is an instance of bad-faith bargaining because the composition of the negotiating panel is not a mandatory subject of bargaining. Garny Luisa Alegre (Commercial aspect election Charmaine Torres Law).FREEDOM PERIOD -the notice of intention to terminate. Jackie Lou Bautista (Legal Ethics) (ECONOMIC PROVISIONS may be renegotiated not later than three (3) years. over a mandatory subject . Anna Margarita Eres (VC-Logistics) Jonathan the CBA particularly Law). the duty to bargain collectively shall also mean that neither party shall TERMINATE nor MODIFY such agreement during its lifetime. there is no request for bargaining 5.  ART. Yolanda DAY FREEDOM PERIOD aspect—it may be Tolentino(VC-Acads).representation aspect of the CBA shall be for a term of five (5). if Party A insists on first settling a non-mandatory subject before tackling a mandatory subject. Romuald Padilla (Civil Law). to continue in the full force and effect the terms and conditions of the existing CBA  EXCEPTION: during the 60-day period prior to its expiration.Maricel Abarentos (Over-all Chairperson). the rank-and-file unit includes supervisors or inappropriate otherwise 8.in short. Joy Inductivo (VC-Finance). upon 6. keep the status quo and b. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE BARGAINING AGREEMENT  GENERAL RULE: When there is an existing CBA.

Ma. a petition for CERTIFICATION ELECTION may be filed  ART. Jr. a party may choose to terminate or modify the non-representational aspect of the CBA only after the expiration of CBA of fixed duration. (PAFLU vs. IN 97 LABOR LAW FIXED TERM OR DATES OF EXPIRY AS PROVIDED IN THE CBA: a.  ART. third parties or innocent bystanders may secure a court (regular court) injunction to protect their rights. either party can serve a written notice to TERMINATE OR MODIFY the agreement at least 60 days prior to its expiration period [on renegotiable/non-representation aspect of the CBA—see discussion on 253] c. [take note of the limitation-see discussions on registration of labor unions] b. 254. the same lasts for 5 years With respect to other provisions [economic provisions]. except as otherwise provided in Articles 218 (Powers of the Commission/NLRC) and 264 (Prohibited Activities) of this Code. Elsa Villaflor(Labor Relations).  DUTY TO BARGAIN COLLECTIVELY UNDER 253 AND 253-A/256  AUTOMATIC RENEWAL CLAUSE – Art. Those made within 6 months after the date of expiry of the CBA . CLORIBEL)  WHAT MAY BE DONE DURING THE 60-DAY FREEDOM PERIOD: a. If THERE IS NO EXISTING AGREEMENT. It applies only if the agreement was voluntarily made by the parties. EDP’S: Jennifer Trinidad. NO INJUNCTION RULE No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity. NOTE: Article 253-A on retroaction does not apply if the provisions were imposed by the Secretary of Labor by virtue of arbitration. EXCLUSIVE BARGAINING REPRESENTATION AND WORKER’S PARTICIPATION IN POLICY AND DECISION-MAKING WHAT IS THE MEANING OR EXTENT OF THE WORKERS’ RIGHT TO RULE ON RETROACTIVE EFFECTS OF OTHER ECONOMIC PROVISIONS WITH LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.San Beda College of Law MEMORY AID service of a written notice of a party’s intention to terminate or modify the same. With respect to the representation aspect. Those not made within 6 months the parties may agree to the DATE OF RETROACTION. b. there is no retroactive effect because the date agreed upon shall be the start of the period of agreement.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Emil Bien Ongkiko. 2. . the same may last for a maximum period of 3 years after the execution of the CBA  ART.This rule applies only if there is an EXISTING AGREEMENT. Jasmine Isip. REASON: injunction contradicts the constitutional preference for voluntary modes of dispute settlement • In cases of strikes/picketing. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. A labor union may DISAFFILIATE from the mother union to form a local or independent union only during the 60-day freedom period immediately preceding the expiration of the CBA. Kareen Faye Pioquinto .Any agreement on such other provisions of the CBA made within 6 months after the date of expiry of the CBA is subject to AUTOMATIC RETROACTION to the day immediately following such date of expiry. 253–A. 253 provides that the CBA shall remain effective and enforceable even after the expiration of the period fixed by the parties as long as no new agreement is reached by them. 255. TERMS OF A COLLECTIVE BARGAINING AGREEMENT (CONTRACT BAR RULE)  DURATION OF THE CBA: 1.

• They may be formed even if there is already a union in the company. and EMPLOYMENT STATUS.Secretariat).a group of employees of a given employer. self-organization and to enter into collective bargaining negotiations. Elaine Masukat (VCEDP).  FOUR FACTORS IN DETERMINING THE APPROPRIATE BARGAINING UNIT: 1. 256-259 PETITION FOR CERTIFICATION ELECTION  BARGAINING UNIT. which. NOTE: An employer may solicit questions. Jinky Ann Uy (Remedial Law). and c. Garny Luisa Alegre (Commercial Law). suggestions and complaints from employees eventhough the employees are represented by a union. such as a. 3. employer acts strictly within the terms of this waiver agreement. which is within 12 months following the determination and certification of employees' exclusive bargaining representative. benefits and welfare. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). consistent with equity to the employer. • two companies cannot be treated into a single bargaining unit even if their businesses are related.refers to the period wherein collective bargaining should begin. probationary employee ONE-UNION. Jackie Lou Bautista (Legal Ethics) . EXCEPTION: supervisory employees who are allowed to form their own unions apart from the rank-and-file employees . Mark David Martinez (Criminal Law). the collective bargaining representative executes an agreement waiving the right to be present on any occasion when employee grievances are being adjusted by the employer and 2.  LABOR MANAGEMENT COUNCILS deal with the employer on matters affecting employee’s rights. the EXPRESS WILL OR DESIRE of the employees (Globe Doctrine). Joy Inductivo (VC-Finance). 2. Yolanda Tolentino(VC-Acads). • the desires of all the employees are relevant to the determination of the appropriate bargaining unit. Charmaine Torres (Taxation Law).  ARTS. comprised of all or less than all the entire body of the employees. prior collective bargaining HISTORY. indicate to be best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provision of the law. The relevance of the wishes of the employees concerning their inclusion or exclusion from a proposed bargaining unit is inherent in the basic right to self organization the SUBSTANTIAL AND MUTUALITY INTEREST factor. Ronald Jalmanzar (Over-all Vice Chair). provided: 1.  CERTIFICATION YEAR . Francis Benedict Réotutar (Labor Law). subsidiaries or corporations formed out of former divisions of a mother company following a reorganization may constitute a separate bargaining unit. 4. temporary b. seasonal. Jennifer Ang(VC. Romuald Padilla (Civil Law). • 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). ONE-COMPANY POLICY the proliferation of unions in an employer unit is discouraged as a matter of policy unless there are compelling reasons which would deny a certain class of employees the right to selforganization for purposes of collective bargaining.98 2005 CENTRALIZED BAR OPERATIONS PARTICIPATE IN POLICY AND DECISIONMAKING PROCESSES? Such right refers ONLY to participation in grievance procedures and voluntary modes of settling disputes and NOT to formulation of corporate programs and policies.the policy should yield to the right of employees to form unions for purposes not contrary to law.

separate and distinct from a consent election DIRECT CERTIFICATION . 1.voluntary recognition A. history of bargaining previous collective election B. similarity in the kinds of work performed 4.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).the process whereby the Med-Arbiter directly certifies a labor organization of an appropriate bargaining unit of a company after a showing that such petition is supported by at least a majority of the employees in the bargaining unit. CONSENT CONSENT ELECTION .certification election 2.to determine the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. DESIGNATION . 8. common supervision and determination of labor-relations policy 7. Kareen Faye Pioquinto . IT IS NO LONGER ALLOWED. extent of union organization  MODES OF CHOOSING EXCLUSIVE BARGAINING UNIT: THE . PURPOSE .a separate and distinct process and has nothing to do with the import and effect of a certification LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. (EO 111) VOLUNTARY RECOGNITION – the process whereby the employer recognizes a labor organization as the exclusive bargaining representative of the employees in the appropriate bargaining unit after a showing that the labor organization is supported by at least a majority of the employees in the bargaining unit. frequency of contract or interchange among the employees 6. Jr. Emil Bien Ongkiko.  EFFECT OF VOLUNTARY RECOGNITION BY THE EMPLOYER through voluntary recognition by the vs. NATURE . EDP’S: Jennifer Trinidad. similarity in the scale and manner of determining earnings 2. hours of work and other terms and conditions of employment 3. similarity in employment benefits. desires of the affected employees 9. CERTIFICATION ELECTION – the process of determining by secret ballot the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit. Elsa Villaflor(Labor Relations). for purposes of collective bargaining  CERTIFICATION ELECTION CERTIFICATION ELECTION A. Ma. Jasmine Isip.to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit mainly for the purpose of determining the administrator of the CBA when the contracting union suffered massive disaffiliation but not for the purpose of determining the bargaining agent for purposes of collective bargaining. similarity in the qualifications.San Beda College of Law MEMORY AID IN 99 LABOR LAW  THINGS TO CONSIDER IN DETERMINING THE COMMUNITY OF INTEREST DOCTRINE: 1. skills and training of the employees 5. SELECTION .

Charmaine Torres (Taxation Law).100 2005 CENTRALIZED BAR OPERATIONS employer. then the labor organization can file a petition for certification election at any time. the labor organization can file a petition for certification election within the 60-day freedom period (CONTRACT-BAR RULE) b. WHEN MANDATORY ON THE PART OF BLR . Garny Luisa Alegre (Commercial Law). Joy Inductivo (VC-Finance).. only a legitimate labor organization can file such petition. include spoiled ballots 2. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). (d) the TOTAL VOTES FOR THE UNIONS IS AT LEAST 50% of the votes cast. 2. Upon: a. . the filing of a verified petition by a legitimate labor organization.the employer cannot file a petition for certification election.  REQUISITES BEFORE A LABOR UNION CAN BE DECLARED A WINNER (DOUBLE MAJORITY RULE): 1.any time. the labor organization is recognized by the employer as the exclusive bargaining agent which may collectively bargain with such employer. e.g. Majority of the eligible voters cast their votes AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Francis Benedict Réotutar (Labor Law). In determining the eligible votes cast [FIRST MAJORITY]. Yolanda Tolentino(VC-Acads). Union Two. B. Jackie Lou Bautista (Legal Ethics) .Secretariat). Jennifer Ang(VC. . Elaine Masukat (VCEDP). Ronald Jalmanzar (Over-all Vice Chair).E. Romuald Padilla (Civil Law). Jinky Ann Uy (Remedial Law). IN AN ORGANIZED AND AN UNORGANIZED ESTABLISHMENT ORGANIZED UNORGANIZED A. eliminate spoiled ballots but include challenged votes RUN-OFF ELECTION: A run-off election is proper if the following conditions exist namely: (a) a VALID ELECTION took place because majority of the Collective Bargaining Unit members voted [FIRST MAJORITY]. Union One. (e) there is NO UNRESOLVED CHALLENGED VOTES or election protest which if sustained can materially alter the results (f) the two choices which garnered the highest votes will be voted and the one which garners the highest number of AND 1 C. subject however to the ONEELECTIONPER-YEAR RULE. or b. when there is a CBA. upon the filing of a petition by the employer when such employer is requested by the employees to bargain collectively. Mark David Martinez (Criminal Law). PERIOD FOR FILING THE PETITION a. Majority of the valid votes cast is for such union. and No Union (Take Note: “No Union shall not be a choice in the run – off election). . when there is no CBA.The petition must be supported by the written consent of at least 25% of ALL THE EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT. (c) NOT ONE OF THE CHOICES OBTAINED THE MAJORITY (50%+1-SECOND MAJORITY) of the valid votes cast.upon the filing of a verified petition by a legitimate labor organization questioning the majority status of the incumbent bargaining agent within the 60-day freedom period before the expiration of a CBA. In determining valid votes [SECOND MAJORITY].  HOW TO DETERMINE THE DOUBLE MAJORITY RULE: 1. (b) the said election presented at least THREE CHOICES. subject to the Deadlock Bar Rule.

Jr. the NO UNION is also a choice  EFFECT OF AN INVALID AND UNREGISTERED CBA. 2.  Re – Run Election vs. 7. the successor-in-interest who is a buyer in good faith has no liability to the employees in continuing employment  RULES WHICH PREVENT THE HOLDING OF A CERTIFICATION ELECTION [DONC]: 1. Run – off Election RE – RUN ELECTION RUN – OFF ELECTION Held in instances: two Conducted when none of the choices. Kareen Faye Pioquinto . CBA was concluded in violation of an order enjoining the parties from entering into a CBA until the issue of representation is resolved 7. receives a majority of the valid vote cast. This presupposes no less than three competing choices. NOTE: Registration of CBA only puts into effect the contract bar rule but the CBA itself is valid and binding even if unregistered. IN 101 LABOR LAW the sixty day period immediately prior to the expiration of the CBA. EDP’S: Jennifer Trinidad. Emil Bien Ongkiko. It is for a REASONABLE PERIOD or duration. 2. The violation of the contract bar rule or the existence of a duly registered CBA must be specifically IMPLEADED AS A DEFENSE. CONTRACT-BAR RULE . Deadlock bar rule. Jasmine Isip. CBA is not registered 2. In this situation. Negotiation bar rule 4. One year bar rule 3. 4. CBA does not foster industrial peace because of schism 6. It must be REGISTERED with the Bureau.there is no bar and therefore a certification election may be held. the BLR is not allowed to hold an election contesting the majority status of the incumbent union during the five year term of the CBA except during LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 6. In both instances. Ma. 1. if all choices received the same number of votes.while a valid and registered CBA of a fixed duration is subsisting. including the choice of No Union. It must be RATIFIED. CBA deregistered 3.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).San Beda College of Law MEMORY AID votes will be declared the winner provided they get the majority votes of the total votes cast Who will participate in the run – off? The unions receiving the highest and second highest number of votes cast. Petition is filed during the 60-day freedom period SUCCESSOR-IN-INTEREST DOCTRINE – When an employer with an existing CBA is succeeded by another employer. REQUIREMENTS IN ORDER TO INVOKE CONTRACT-BAR RULE: 1. Elsa Villaflor(Labor Relations). It must contain THE TERMS AND CONDITIONS of employment. 5.  EXCEPTIONS TO THE CONTRACT-BAR RULE: 1. an election is conducted between the union choices receiving the largest and the second largest number of the valid votes cast.when there is a deadlock in collective bargaining and the same has been submitted to NCMB for conciliation and mediation the same bars any petition or conduct of certification election. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Covered employees in an appropriate bargaining unit [ABU EES COVERED]. 2. CBA is incomplete in itself 5. Agreement is in WRITING AND SIGNED by all contracting parties. Contract bar rule 1. if one choice receives a plurality of vote and the remaining choices results in a tie. CBA was hastily concluded way ahead of the freedom period 4. 3.

Employees and Workers UnionPAFLU) DEADLOCK – arises when there is an impasse.a petition for certification election cannot be entertained if. or run-off election or from the date of voluntary recognition  EXAMPLES BARGAINING: 1. (Benguet Consolidated. 2. Romuald Padilla (Civil Law). Side Bar Technique 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).a petition for certification election cannot be entertained if. vs. Boulwarism – occurs: a. which presupposes reasonable effort at good faith bargaining which. Employer submits its proposals and adopts a take it or leave it stand. Ronald Jalmanzar (Over-all Vice Chair). vs. The new agent must respect the contract. when the employer directly bargains with the employee disregarding the union. consent. Inc. DEADLOCK BAR RULE . before the filing of the petition for certification election. Charmaine Torres (Taxation Law). OF BAD FAITH  LIMITATION AS TO ITS APPLICATION – it cannot be invoked to support the contention that a newly certified collective bargaining agent automatically assumes all the personal undertakings of the former agent—like the “no strike clause” in the CBA executed by the latter (Benguet Consolidated Inc. when the successor-in-interest expressly assumes the obligation or b. • The employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. Francis Benedict Réotutar (Labor Law). the duly recognized or certified union has commenced negotiations with the employer in accordance with Art. the deadlock is the subject of a valid notice of strike or lockout 3. did not conclude in an agreement between the parties. however. 3. Mark David Martinez (Criminal Law). INDICATIONS OF A GENUINE DEADLOCK: 1.Secretariat). Garny Luisa Alegre (Commercial Law). b. Elaine Masukat (VCEDP). Jinky Ann Uy (Remedial Law). had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. BCI Employees and Workers Union-PAFLU). Jackie Lou Bautista (Legal Ethics) . Surface Bargaining – occurs when employer constantly changes its positions over the agreement. They may. Jennifer Ang(VC. 250 of the Labor Code. before the filing of the petition for certification election. bargain for the shortening of said expiration date. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads).102 2005 CENTRALIZED BAR OPERATIONS and the collective bargaining agreement because these contracts are in personam EXCEPT: a. despite noble intentions. CERTIFICATION YEAR RULE – no petition for certification election may be filed within one year from the date of a valid certification. Joy Inductivo (VC-Finance). a bargaining deadlock to which an incumbent or certified bargaining agent is a party. NEGOTIATION BAR RULE . the sale is a device to circumvent the obligation or c. the employees can change their agent (the labor union) but the collective bargaining contract which is still subsisting continues to bind the employees up to its expiration date. rather than with the employees through the union. the sale or transfer is made in bad faith  SUBSTITUTIONARY DOCTRINE – where there occurs a shift in the employees’ union allegiance after the execution of a collective bargaining contract with the employer. 2. 4. • The aim was to deal with the Union through the employees. the submission of the deadlock to a third party conciliator or arbitrator 2. This is not negotiation because the take it or leave it stand implies threat.

except those which are gross in character. c)Hear and decide wage distortion issues arising from the application of any wage orders in organized establishments. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  GRIEVANCE MACHINERY a mechanism for the adjustment of controversies or disputes arising from the interpretation or implementation of the CBA and the interpretation or enforcement of company personnel policies  GRIEVANCE .  ARBITRATION MAY BE INITIATED BY: 1. NATURE OF GRIEVANCE PROCEDURE It is a “must” provision in any CBA and no collective agreement can be registered in the absence of such procedure.  ART 261. All grievances not settled within 7 days from the date of its submission to the grievance machinery shall automatically be referred voluntary arbitration prescribed in the CBA. In a unionized company. EDP’S: Jennifer Trinidad. Kareen Faye Pioquinto . Jasmine Isip. b) Those arising from the interpretation or enforcement of company personnel polices. and either the union or the employer invokes the grievance machinery provision for the adjustment or resolution of such dispute or controversy.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards). shall no •  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Emil Bien Ongkiko. violations of CBA. a grievance machinery (regardless of name) can be established. EXCLUSIVE ORIGINAL JURISDICTION CONFERRED BY LAW a)All grievances arising from the interpretation or implementation of the CBA. Ma. • It is the labor arbiter and not the grievance machinery which has jurisdiction over dismissals pursuant to the union security clause. to raise a grievance directly to the employer.A (as incorporated by RA 6715) GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION  ART. It is a part of the continuous process of collective bargaining intended to promote a friendly dialogue between labor and management as a means of maintaining industrial peace. or DEMAND OR NOTICE invoking a collective agreement arbitration clause. Art. 260.  VOLUNTARY ARBITRATION contractual proceedings where parties to a dispute select a judge of their own choice and by consent submit their controversy to him for determination. union member or not.” it does not mean that a grievance LABOR LAW COMMITTEE • machinery cannot be set up in a CBA-less enterprise. Elsa Villaflor(Labor Relations). 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. In any work place where grievance can arise.San Beda College of Law MEMORY AID IN 103 LABOR LAW TITLE VII. JURISDICTION OF VOLUNTARY ARBITRATORS OR PANEL OF VOLUNTARY ARBITRATORS JURISDICTION OF VOLUNTARY ARBITRATORS: 1. SUBMISSION AGREEMENT – where the parties define the disputes to be resolved. Jr. • Although the provision mentions “parties to a collective bargaining agreement.arises when a dispute or controversy arises over the implementation or interpretation of a CBA or from the implementation or enforcement of company personnel policies. 255 allows an employee. d) Unresolved grievances arising from the interpretation and implementation of the productivity incentive programs under RA 6071 .

Yolanda Tolentino(VC-Acads).any person who obstructs. impedes or interferes by force. • Ununionized workers may hold a protest action but not a strike • Not all concerted activities are strikes.  GROUNDS FOR JUDICIAL REVIEW OF DECISIONS OF VOLUNTARY ARBITRATORS: 1. 2. Garny Luisa Alegre (Commercial Law).Any temporary stoppage of work by the concerted action of employees as a result of an industrial JURISDICTION BY AGREEMENT OF THE PARTIES (Art. including the sites or premises used as runaway shops of the employer struck against. a petition for certiorari under Rule 65 of the Rules of Court will lie where a grave abuse of discretion or an act without or in excess of jurisdiction of the voluntary arbitrator is shown. Romuald Padilla (Civil Law). STRIKES. coercion. 263. 2. 3.means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. as well as the immediate vicinity actually used by picketing strikers in moving to an fro before all SUBJECT CHAIRPERSONS TITLE VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES CHAPTER I STRIKES AND LOCKOUTS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND Maricel Abarentos (Over-all Chairperson). Jackie Lou Bautista (Legal Ethics) . plants or offices.  STRIKE-BREAKER . which may be filed with the Court of Appeals. Jinky Ann Uy (Remedial Law). hour or conditions of work or in the exercise of the right to self organization or collective bargaining  STRIKE AREA – the establishment. • Voluntary arbitration may be viewed as a master procedure to prevent or resolve labor disputes or labor dispute. And they do not necessarily cause work stoppage by the protesters.Secretariat). Francis Benedict Réotutar (Labor Law).  PICKETING . Elaine Masukat (VCEDP). 5. GROSS VIOLATION – flagrant and/or malicious refusal to comply with the economic provisions of the CBA. is always a group action accompanied by work stoppage. 4. 262) -all other disputes including ULP and bargaining deadlocks • The disputes the parties may submit to a Voluntary Arbitrator can include any or all the disputes mentioned in Art. IMPORTANCE: it is the most effective weapon of labor in protecting the rights of employees to improve the terms and conditions of their employment. Charmaine Torres (Taxation Law). Joy Inductivo (VC-Finance). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). • G overnment employees may form labor unions but are not allowed to strike.” hence. This is an exercise of one’s freedom of speech. A strike. Mark David Martinez (Criminal Law). • Only legitimate labor organizations are given the right to strike. warehouse. 217 which otherwise fall under the exclusive jurisdiction of a labor arbiter. PICKETING AND LOCKOUTS  STRIKE . violence.  ART. Jennifer Ang(VC.the act marching to and fro the employer’s premises. depots. they may only be protest actions. in contrast.104 2005 CENTRALIZED BAR OPERATIONS longer be treated as ULP and shall be resolved as grievances. usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute.  LOCKOUT . • Lack of jurisdiction Grave abuse of discretion Violation of due process Denial of substantial justice Erroneous interpretation of the law A voluntary arbitrator is a “quasijudicial instrumentality (Sec 9 BP129 as amended by RA 7902). threats or intimidation with any peaceful picketing by employees during any labor controversy affecting wages. Ronald Jalmanzar (Over-all Vice Chair).

and/or 2.  GROUNDS FOR THE DECLARATION OF STRIKE: 1. ILLEGAL. B. which may constitute union busting where the existence of the union is threatened. vote.BUT it must still observe the LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.No exception— . the ULP committed against them by the employer. SIT-DOWN STRIKE is characterized by a temporary work stoppage of workers who thereupon seize or occupy property of the employer or refuse to vacate the premises of the employer. ILLEGAL . labor organization in behalf of its members C. deadlock in collective bargaining (ECONOMIC). Ma. SYMPATHETIC STRIKES. NATURE . EXCEPTION TO THE COOLINGOFF PERIOD . D. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. .A voluntary strike . INITIATED BY: The collective . They may strike immediately. Jasmine Isip.are work stoppages of workers of one company to make common cause with other strikers of other companies. the legitimate strike. the labor employee will organization is declare a strike to forced to go on compel management strike because of to grant its demands. Collective the appropriate bargaining agent bargaining unit can or declare an economic b.are work stoppages of workers of one company to exert pressure on their employer so that the latter will in turn bring pressure upon the employer of another company with whom another union has a labor dispute. . A “welga ng bayan” is illegal because it is a political strike and therefore there is neither a bargaining deadlock nor any ULP. Elsa Villaflor(Labor Relations).An involuntary because the strike.either bargaining agent of a. SECONDARY STRIKES. to wit: notice of strike. to the 7-day strike ban. ILLEGAL. EDP’S: Jennifer Trinidad. without demands or grievances of their own against the employer.Notice of strike and strike vote maybe dispensed with. WILDCAT STRIKE. It is an act of selfdefense since the employees are being pushed to the wall and their only remedy is to stage a strike. C. dispensed with. ILLEGAL. and the union may take immediate action in case of dismissal from employment of their officers duly elected in accordance with the union’s Constitution and By-laws.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).San Beda College of Law MEMORY AID points of entrance to and exit from said establishment SOME EXAMPLES OF STRIKES AND THEIR VALIDITY A.amounts to a criminal act because the employees trespass on the premises of the employer. It is a political rally. and report on strike vote. Emil Bien Ongkiko. Kareen Faye Pioquinto . D.because there is no labor dispute involved.because there is no labor dispute between the workers who are joining the strikers and the latter’s employer. Jr. B. unfair labor practices (POLITICAL) ECONOMIC STRIKE ULP STRIKE [POLITICAL] IN 105 LABOR LAW A. IS A “WELGA NG BAYAN” LEGAL? NO. COOLING OFF PERIOD -30 days from the filing of the notice of strike before the -15 days from the intended date of filing of the actual strike subject notice of strike.is a work stoppage that violates the labor contract and is not authorized by the union.the cooling off period may be mandatory.It is not valid because it fails to comply with certain requirements of the law.

Means employed test 1. Jennifer Ang(VC. Mark David Martinez (Criminal Law).that period of time given the NCMB to mediate and conciliate the parties. obtained by SECRET BALLOT in MEETINGS OR REFERENDA called for the purpose.bargaining deadlock and/or . STRIKE DURATION PAY IN CASE OF A LEGAL STRIKE . the striking group is a legitimate labor organization. 30/15-day cooling-off period before the intended date of actual strike subject to the 7-day strike ban. the contention advanced by the workers that although the work ceases. Compliance with Procedural and substantive requirements of law 3.106 2005 CENTRALIZED BAR OPERATIONS mandatory 7-day period before it can stage a valid strike. Romuald Padilla (Civil Law). 7-day strike ban 7-DAY STRIKE BAN – it is the 7 day waiting period before the date of the purported strike [within which the union intending to conduct a strike must at least submit a report to the Department as to the result of the strike vote] intended to give the Department an opportunity TO VERIFY whether the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). the relationship must be one of employer and employee 3. notice of strike b.a requirement wherein the decision to declare a strike must be: 1. Jinky Ann Uy (Remedial Law). is the employees’ sole bargaining representative. the work stoppage is done through the concerted action of the employees 7. which stoppage is temporary 6. • It is that span of time allotted by law for the parties to settle theirdisputes in a peaceful manner. E. Ronald Jalmanzar (Over-all Vice Chair). the employment relation is deemed to continue albeit in a state of belligerent suspension 5.The strike must be due to either . Elaine Masukat (VCEDP). d.unfair labor practice. Joy Inductivo (VC-Finance). there is work stoppage.to ensure that the intended strike is a majority decision • The report on the strike vote must be submitted to the DOLE at least 7 days before the intended strike subject to the cooling-off period. Jackie Lou Bautista (Legal Ethics) .not entitled to said pay based on the principle that a ‘fair day’s wage accrues only for a fair day’s labor’ . c. PURPOSE OF A STRIKE VOTE: . there must be an established relationship between the strikers and the person/s against whom the strike is called 2.  CHARACTERISTICS OF STRIKES: 1. Garny Luisa Alegre (Commercial Law).may be awarded the said paid in the discretion of the authority deciding the case. the existence of a dispute between the parties and the utilization by labor of the weapon of concerted refusal to work as a means of persuading or coercing compliance with the working men’s demands 4. strike vote STRIKE VOTE . COMPLIANCE WITH PROCEDURAL & SUBSTANTIVE REQUIREMENTS OF LAW to wit (a-d): a. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads).  TESTS IN DETERMINING THE LEGALITY OF A STRIKE: 1. Francis Benedict Réotutar (Labor Law). approved by a MAJORITY of the total union membership in the bargaining unit concerned [not of the whole bargaining unit]. Charmaine Torres (Taxation Law).Secretariat). 2. PURPOSE TEST . COOLING –OFF PERIOD . and in case of bargaining deadlock. before staging a strike or lockout. 2. Purpose Test 2.

MEANS EMPLOYED TEST-A strike may be legal at its inception but eventually be declared illegal if the strike is accompanied by violence which violence is widespread.San Beda College of Law MEMORY AID projected strike really carries the imprimatur of the majority of the union members in addition to the cooling off period before actual strike. because of their connection with an established collateral plan of coercion or interference. though innocent in themselves. Emil Bien Ongkiko. 2. Only issues submitted to the Secretary may be resolved by him. 23 January 1991). • A motion for reconsideration does not suspend the effects as the assumption order is immediately executory.there exists a labor dispute causing or likely to cause a strike or lockout in a IN 107 LABOR LAW INDUSTRY INDISPENSABLE TO THE NATIONAL INTEREST.the culpability of an employer’s remarks are to be evaluated not only on the basis of their implicit implications but are to be appraised against the background of and in conjunction with collateral circumstances. NOTE: What constitutes indispensable industry is based solely upon the discretion of the Secretary of Labor. Scholastica’s College vs. Torres. (PAL vs. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. if one has already taken place at the time of assumption or certification. Under this “doctrine” expressions of opinion by an employer which. the employer shall immediately resume operations and READMIT ALL WORKERS under the same terms and conditions prevailing before the strike or lockout. 29 June 1992) Secretary of Labor may subsume pending labor cases before Labor d. although subsequently such allegations of ULP are found out as not true. Non-compliance with any of the aforementioned requisites renders the strike illegal. of the circumstances under which they were uttered b. (St. AUTOMATICALLY ENJOINS the intended or impending strike or lockout as specified in the assumption or certification order.the Secretary of Labor and Employment may: a. Kareen Faye Pioquinto . 3. all striking or lockedout employees shall IMMEDIATELY RETURN TO WORK. and 3.  EFFECTS OF THE ASSUMPTION OF JURISDICTION OF THE SECRETARY 1. Sec.  EFFECT OF GOOD FAITH OF STRIKERS ON LEGALITY OF STRIKE . Issues submitted to the Secretary for resolution and such issues involved in the labor dispute itself. EDP’S: Jennifer Trinidad. decide it. Jr. the history of the particular employer’s labor relations of anti-union bias or c.  ISSUES THAT THE SECRETARY OF LABOR CAN RESOLVE WHEN HE ASSUMES JURISDICTION OVER A LABOR DISPUTE: c. pervasive and adopted as a matter of policy and not merely violence which is sporadic which normally occur in a strike area [see prohibited activities under art. of Labor. Ople)  TOTALITY DOCTRINE . WHEN CAN THE SEC. or b. (Bacus vs. NOTE: The 3 tests must concur. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 2. frequently were held to be culpable because: a. 264]. certify the same to the NLRC for COMPULSORY ARBITRATION. Jasmine Isip. Elsa Villaflor(Labor Relations). Ma. OF LABOR ASSUME JURISDICTION OVER A STRIKE? 1.A strike may be considered legal where the union believed that the company committed ULP and the circumstances warranted such belief in good faith. e.

but rather have only ceased from their labor. In case of a ULP STRIKE. Jennifer Ang(VC.  RULE ON REINSTATEMENT OF STRIKING WORKERS: GENERAL RULE : Striking employees are entitled to reinstatement. any striker/union member who knowingly participates in the commission of illegal acts during the strike. EXCEPTIONS: 1.108 2005 CENTRALIZED BAR OPERATIONS Arbiters which are involved in the dispute and decide even issues falling under the exclusive and original jurisdiction of labor arbiters such as the declaration of legality or illegality of strike. No labor organization or employer shall declare a strike or lockout • without bargained AND first having collectively in SUBJECT CHAIRPERSONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE Maricel Abarentos (Over-all Chairperson). Power of Sec. Romuald Padilla (Civil Law). of whether or not the strike was the consequence of the employer’s ULP REASON: because while out on strike. (St. in the discretion of the authority deciding the case [see table for more distinction bet.Secretariat). ARE THE STRIKERS ENTITLED TO STRIKE DURATION PAY? GENERAL RULE: Strikers are not entitled to their wages during the period of a strike. Joy Inductivo (VC-Finance). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).  LABOR ORGANIZATIONS 1. of an “unconditional offer”: “we will return tomorrow” and NOT “willing to return provided] They are entitled to backwages from the date the offer was made Where there is RETURN-TO-WORK ORDER and the employees are discriminated against. Union officers who knowingly participate in an illegal strike. Luke’s Medical Center vs. the strikers are not considered to have abandoned their employment. • The declaration of a strike is NOT a renunciation of employment relation.  ART. . (Int’l Pharmaceuticals vs. of Labor is plenary and discretionary.  RULE IN STRIKES IN HOSPITALS 1. 29 June 1993. Jackie Lou Bautista (Legal Ethics) . Charmaine Torres (Taxation Law). regardless EXCEPTIONS . but the employer refused to accept the offer [e. ACTIVITIES 264. 2.g. f. Jinky Ann Uy (Remedial Law).They are entitled to backwages from the date of discrimination. 09 January 1992). Mark David Martinez (Criminal Law). and 2. Yolanda Tolentino(VC-Acads). 10 March 1994). Torres. • 3. Confesor. Economic and ULP strike] Where the strikers VOLUNTARILY AND UNCONDITIONALLY OFFERED TO RETURN TO WORK. reiterated in PAL vs. • Those union members who joined an illegal strike but have not committed any illegal act shall be reinstated but without any backwages. even if the strike is legal. Francis Benedict Réotutar (Labor Law). IN CASE THE STRIKE IS DECLARED LEGAL. SECRETARY OF LABOR MAY IMMEDIATELY ASSUME JURISDICTION WITHIN 24 HOURS FROM KNOWLEDGE of the occurrence of such strike or lock-out or certify it to the Commission for compulsory arbitration.The following strikers are NOT entitled to reinstatement: 1. Garny Luisa Alegre (Commercial Law). PROHIBITED 2. Ronald Jalmanzar (Over-all Vice Chair). It shall be the duty of striking employees or locking-out employer to provide and maintain an effective SKELETAL WORKFORCE of medical and other health personnel for the duration of the strike or lockout. Elaine Masukat (VCEDP). Sec of Labor.

• Provided.  THIRD PERSONS 2. REDUCED OFFER BALLOTING IMPROVED OFFER BALLOTING REDUCED OFFER BALLOTING •  EMPLOYERS 3. coercion. AFTER assumption of jurisdiction by the President or the Secretary or b. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. b. Kareen Faye Pioquinto . impede or interfere with by force. including officers and personnel of the New Armed Forces of the Philippines of the Integrated National Police. commit any act of violence. DURING the pendency of cases involving the same grounds for the strike or lockout. Ma. obstruct the free ingress to or egress from the employer’s premises for lawful purposes. threats or intimidation • any peaceful picketing by employees • during any labor controversy or in the exercise of the right of selforganization or collective bargaining or shall aid or abet such obstruction or interference. obstruct public thoroughfares  ART. NO person [3rd persons] all obstruct. NO employer shall use or employ any STRIKE-BREAKER nor shall any person be employed as a strikebreaker. Jasmine Isip. NO strike or declared: lockout shall be a. violence. Emil Bien Ongkiko. or work in place of the strikers. That nothing herein shall be interpreted to prevent any public officers from taking any measure necessary to: a. 263 or • without the necessary strike or lockout vote first having been obtained and reported to the Department. protect life and property. order. Jr. • shall bring in. Elsa Villaflor(Labor Relations). The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: • without first having filed the notice required in Art. 265. EDP’S: Jennifer Trinidad. and/or c.or c. enforce the law and legal  PERSONS ENGAGED IN PICKETING NO person engaged in PICKETING shall: a.San Beda College of Law MEMORY AID accordance with this Book or Title VII of 4. maintain peace and order. IMPROVED OFFER vs. AFTER certification or submission of the dispute to compulsory or voluntary arbitration or c. coercion or intimidation or b. IN 109 LABOR LAW PUBLIC OFFICIAL OR EMPLOYEE NO public official or employee. introduce or escort in any manner. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. or armed persons. any individual who seeks to replace strikes in entering or leaving the premises of a strike area.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).

Yolanda Tolentino(VC-Acads).  FORMS OF REINSTATEMENT: ACTUAL OR PHYSICAL REINSTATEMENT . applies economic (deadlock) only to strikes  ART. Jinky Ann Uy (Remedial Law). Ronald Jalmanzar (Over-all Vice Chair). May a court order the reinstatement of a dismissed employee even if the prayer of the complaint did not include such relief? YES. public peace commission of a crime 1 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). NLRC.Secretariat). 1. Romuald Padilla (Civil Law). PERIOD OF FILING 3. The mere fact that the complaint did not pray for reinstatement will not prejudice the employee. for the purpose of determining whether or not the improved offer of the employer is acceptable to the union members. on or before the 30th day of the strike LIMITATION 4. a referendum conducted by the NCMB for the purpose of determining whether or not the reduced offer of the union is acceptable to the board of directors. So long as there is a finding that the employee was illegally dismissed.Restoration of the employee to the state from which he has been unjustly removed or separated without loss of seniority rights and other privileges. PAYROLL REINSTATEMENT . applies only to economic strikes-deadlock in bargaining (lockout) BOOK SIX POST EMPLOYMENT TITLE I TERMINATION OF EMPLOYMENT ART. Mark David Martinez (Criminal Law). 2. Charmaine Torres (Taxation Law). a referendum conducted by the NCMB on or before the 30th day of the strike. ARREST AND DETENTION General rule is that a police officer cannot arrest or detain a union member for union activities without previous consultations with the Secretary of Labor EXCEPT on grounds of: a. unless. because technicalities of law and procedure are frowned upon in labor proceedings (General Baptist Bible College v. REINSTATEMENT . national security b. among others. the court can order the reinstatement of an employee even if the complaint does not include a prayer for reinstatement. RELIEFS AVAILABLE TO AN ILLEGALLY DISMISSED EMPLOYEE:  A. trustees or partners. that the employer shall not terminate the services of an employee except for just cause or when authorized by law. Jennifer Ang(VC. c.110 2005 CENTRALIZED BAR OPERATIONS 1. of course. the employee has waived his right to reinstatement. 3. Garny Luisa Alegre (Commercial Law). to ascertain the real sentiment of the silent majority of the union members on strike. on or before the 30th day of the lockout 4. • to ascertain the real sentiment of the silent majority of the union members on strike. to determining whether or not the improved offer of the EMPLOYER is acceptable to the union members. 219 SCRA 549). SECURITY OF TENURE  SECURITY OF TENURE . 1. Elaine Masukat (VCEDP). By law.the constitutional right granted the employee.the employee is merely reinstated in the payroll.the employee shall be admitted back to work 2. an employee who is unjustly dismissed is entitled to reinstatement. to determining whether or not the improved offer of the UNION is acceptable to the union members. 279. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). AND PURPOSE 2. Joy Inductivo (VC-Finance). Francis Benedict Réotutar (Labor Law). 266. Jackie Lou Bautista (Legal Ethics) .

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the employee should merely be given SEPARATION PAY CONSISTING OF ONE MONTH SALARY FOR EVERY YEAR OF SERVICE (1:1). it would be more beneficial to accord the employee backwages and separation pay. REASON: said items are given free. Emil Bien Ongkiko. Thus. 2. 3. Elsa Villaflor(Labor Relations). This doctrine only applies only to positions which require trust and confidence . death of the employee 2. physical and mental incapacity 3. EDP’S: Jennifer Trinidad. Jr.Under existing law. Ma.  PERIOD COVERED BY THE PAYMENT OF BACKWAGES Backwages shall cover the period from the date of dismissal of the employee up to the date of actual reinstatement  HOW COMPUTED . DOCTRINE OF STRAINED RELATIONS . an employer’s management prerogative includes the right to terminate the services of the employee but this management prerogative is limited by the Labor Code which provides that the employer can terminate an employee only for a just cause or when authorized by law. When the business has CLOSED DOWN. In such a situation. reinstatement could not effectively serve as a remedy. to be used only during official tour of duty not for private or personal use. A fortiori.Under the circumstances where the employment relationship has become so strained to preclude a harmonious working relationship.  INCLUDED IN THE COMPUTATION OF BACKWAGES 1. reinstatement should not be ordered because that would in effect compel the employer to do the impossible. NOTE: facilities such as uniforms. PHYSICAL INCAPACITY of the employee. If NO SUBSTANTIALLY EQUIVALENT POSITION IS AVAILABLE. BACKWAGES – the relief given to an employee to compensate him for lost earnings during the period of his dismissal. and that all hopes at reconciliation are nil after reinstatement. vacation or service incentive leave and sick leave 3.  CIRCUMSTANCES WHEN COMPANY MAY NOT REINSTATE DESPITE ORDER OF REINSTATEMENT 1. business reverses 4. backwages is computed from the time of the illegal dismissal up to time of actual reinstatement. shoes. reinstatement of unjustly dismissed employees CANNOT be enforced against the new owner UNLESS there is an express agreement on the assumption of liabilities by the purchasing corporation. When reinstatement is rendered IMPOSSIBLE due to the abolition of the position. transportation and emergency allowances 2. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 13th month pay.  CIRCUMSTANCES THAT PREVENT AWARD OF BACKWAGES: 1. This limitation is because no less than the  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.When the employer can no longer trust the employee and vice-versa. 4. reinstatement of dismissed employee confinement in jail Which takes precedence in conflicts arising between employer’s MANAGEMENT PREROGATIVE and the employees’ right to security of tenure? The employee’s right to security of tenure. TRANSFER OF BUSINESS OWNERSHIP -There is no law requiring a purchasing corporation to absorb the employees of the selling corporation. LABOR LAW COMMITTEE B. and 5. helmets and ponchos should NOT be included in the computation of backwages. Kareen Faye Pioquinto .San Beda College of Law MEMORY AID IN 111 LABOR LAW What happens if there is an order of reinstatement but the position is no longer available? The employee should be given a SUBSTANTIALLY EQUIVALENT POSITION. Jasmine Isip. closure of business 5.

one wherein an employee is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. . Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads).one wherein an employee is engaged to work on a specific project or undertaking which is usually necessary or desirable in the usual business or trade of the employer. 279. except that there is an additional ground – failure to meet the standard. (See Art. Sec. The services of probationary employees may be terminated for the same causes as in the case of regular employee. Tobacco Flue Curring and Drying Corp. Constitution)  ART. i . Romuald Padilla (Civil Law). The employment is  PROBATIONARY PERIOD OF EMPLOYMENT . Charmaine Torres (Taxation Law). NOTE:The standard which the probationary employee is to meet must be made known by the employer to the employee at the time of engagement. the power must be exercised in accordance with the specific requirements of the contract [COMPLIANCE WITH SPECIFIC REQUIREMENTS].. Joy Inductivo (VC-Finance). (Art. . REGULAR AND CASUAL EMPLOYMENT REGULAR EMPLOYMENT . Garny Luisa Alegre (Commercial Law). PURPOSE: To afford the employer an opportunity to observe the fitness of a probationary employee at work.  LIMITATIONS ON THE EMPLOYER’S POWER TO TERMINATE A PROBATIONARY EMPLOYMENT CONTRACT: 1. 280 LC) REGULAR EMPLOYEE A regular employee is one engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer  TEMPORARY EMPLOYMENT OR EMPLOYMENT FOR A FIXED SPECIFIC PERIOD . Elaine Masukat (VCEDP).Secretariat). Jinky Ann Uy (Remedial Law). CASUAL EMPLOYMENT – one wherein an employee is engaged to perform activities which are not necessary or desirable in the usual trade or business of the employer. . Ronald Jalmanzar (Over-all Vice Chair). 3.He does not become a regular employee. 280.He is a regular employee at the point of hiring.one wherein an employee is engaged to work during a particular season on an activity that is usually necessary or desirable in the usual business or trade of the employer. REGULAR EMPLOYEE VS. NLRC). with the specific  SEASONAL EMPLOYMENT . Labor Code.the period needed to determine the fitness for the job.becomes a regular employee after one (1) year of service. • Employee is considered an regular employee insofar as the season to which he was employed is concerned. Mark David Martinez (Criminal Law).during the off-season his employment is merely suspended not terminated (Phil. • Pakiao employees are considered employees as long as the employer exercises control over the means by which such workers are to perform their work. It is the period during which the employer may determine if the employee is qualified for possible inclusion in the regular force. Jennifer Ang(VC. XIII.112 2005 CENTRALIZED BAR OPERATIONS constitution recognizes and guarantees employee’s right to security of tenure. Francis Benedict Réotutar (Labor Law). Art. vs. .e. Jackie Lou Bautista (Legal Ethics) . Test of employment. regularity: nature of coterminous period. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). the completion of which has been determined at the time of the engagement of the employee. the time needed to learn the job. PROJECT EMPLOYEE PROJECT EMPLOYEE A project employee is one whose employment is fixed for a specific project or undertaking the completion of which has been determined at the time of the engagement of the employee.

 GUIDELINES TO DETERMINE THE VALIDITY OF TERMINATION: 1. the employer’s dissatisfaction must be real and in good faith. Commission of a CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS EMPLOYER or any immediate member of his family or his duly authorized representative. Serious MISCONDUCT OR WILLFUL DISOBEDIENCE by the employee of the lawful orders of his employer or representative in connection with his work. Jasmine Isip. a forbidden act. a dereliction of duty. 281. Degree of damage to the employer 4. Other causes ANALOGOUS to the foregoing. the requirements of due process that an . Emil Bien Ongkiko. when the parties to an employment contract agree otherwise. No. Sec.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). (Dept. and 4. ((Dept. the termination must be within such time and if formal notice is required. EXCEPTIONS: 1. and • Conviction or prosecution is not required. Kareen Faye Pioquinto IN 113 LABOR LAW 5. such as when the same is established by company policy or when the same is required by the nature of the work to be performed by the employee  EFFECT IF PROBATIONARY EMPLOYEE IS ALLOWED TO WORK BEYOND 6 MONTHS If the probationary employee is allowed to work beyond the period of 6 months or the agreed probationary period. • A cause must be due to the voluntary or willful act or omission of the employee. Position occupied by the employee 3. GENERAL RULE: Probationary employment shall not exceed six months from the date the employee started working. Jr. or 2. and implies wrongful intent and not mere error in judgment. Sec. • Misconduct. 282. willful in character. 4353. Gravity of the offense 2. said employee becomes a regular employee by operation of law. “an employee who is allowed to work after a probationary period shall be considered a regular employee. (Repeated absenteeism and tardiness) 3. there must BE NO UNLAWFUL DISCRIMINATION in the dismissal. Previous infractions of the same offense LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Under the Labor Code.For termination of the employment based on the any of the just causes for termination.transgression of some established and definite rule of action.San Beda College of Law MEMORY AID 2. if a particular time is prescribed.R. not feigned so as to circumvent the contract or the law [DISSATISFACTION—REAL AND IN GOOD FAITH]. (Nadura v. when it is covered by an apprenticeship agreement stipulating a longer period. 5.01) 2.01 [3]) 4. Gross and habitual NEGLECT by the employee of his duties. Benguet Consolidated. Length of service A. of Labor Manual.” (Art. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. then that form must be used [WITHIN PARTICULAR PRESCRIBED TIME]. of Labor Manual. 4353. TERMINATION BY EMPLOYER  SECURITY OF TENURE .)  ART. Ma. Elsa Villaflor(Labor Relations). L-17780)  DUE PROCESS TO BE OBSERVED BY THE EMPLOYER . FRAUD OR WILLFUL BREACH by the employee of the trust reposed in him by his employer or duly organized representative • Fraud must be committed against the employer or his representative and in connection with the employee’s work. G.An employer CANNOT terminate the services of an employee EXCEPT for a just cause or when authorized by law. EDP’S: Jennifer Trinidad. 3. JUST CAUSES [MaNaBaCA]: 1.

NLRC (Nov. B. grounds have been established to justify his termination. Inc. • AGABON vs. should be served on the employee indicating that upon due consideration of all the circumstances. Jennifer Ang(VC. A WRITTEN NOTICE OF TERMINATION. Jackie Lou Bautista (Legal Ethics) . The employee should be made to resume his work after 30 days. 283-284. Charmaine Torres (Taxation Law). ISETANN et. 2004) abandoned the Serrano doctrine and REINSTATED THE WENPHIL DOCTRINE. with the assistance of counsel.114 2005 CENTRALIZED BAR OPERATIONS employer must comply with are: (TWIN NOTICES) 1. Romuald Padilla (Civil Law). Jinky Ann Uy (Remedial Law). Therefore. Written NOTICE should be served to the employee specifying the ground or grounds for termination and giving the said employee reasonable opportunity within which to explain. the employee is entitled to backwages from the time he was dismissed until the determination of the justness of the cause of the dismissal. NLRC) AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). however must be stiffer than that imposed in Wenphil. • SERRANO vs. for purposes of the Labor Code. Francis Benedict Réotutar (Labor Law). leading to termination.  ARTS. abandoned the WENPHIL DOCTRINE and ruled that if the employee is dismissed under just or authorized cause but the affected employee’s right to due process has been violated. the requirements of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional office of the Department of Labor and employment at least thirty days before the effectivity of the termination specifying the grounds for termination. if termination is the decision of the employer. installation of labor-saving devices (AUTOMATION) 2. his dismissal becomes ineffectual. 17. Ronald Jalmanzar (Over-all Vice Chair). NOTE: Under the so-called WENPHIL DOCTRINE if the services of the employee was terminated due to a just or authorized cause but the affected employee’s right to due process has been violated. • For termination of employment based on authorized causes. Elaine Masukat (VCEDP). Garny Luisa Alegre (Commercial Law). A HEARING OR CONFERENCE should be held during which the employee concerned. PREVENTIVE SUSPENSION – when there is an imminent threat to the lives and properties of the employer. Joy Inductivo (VC-Finance). - it can be extended provided the employee’s wages are paid after the 30 day period. his family and representatives as well as the offender’s co-workers by the continued service of the employee then he may be placed under preventive suspension pending his investigation. (Wishire File Co. • preventive suspension should not last for more than thirty (30) days. Yolanda Tolentino(VC-Acads). The sanctions. if the employee so desires. REDUNDANCY (superfluity in the performance of a particular work) • redundancy. present his evidence and present the evidence presented against him. al. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).Secretariat). AUTHORIZED CAUSES TERMINATION BY THE EMPLOYER: OF 1. Mark David Martinez (Criminal Law). the dismissal is legal but the employee is entitled to damages by way of indemnification for the violation of the right. is given the opportunity to respond to the charge. 2. 3. exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. vs.

Book VI of the Omnibus Rules Implementing the Labor Code requires a certification by a competent public health authority that the disease is of such a nature or at such stage that it cannot be cured within a period of 6 months even with proper medical treatment. NLRC and Martha Singson) DISCRIMINATION IN ANY FORM FROM PRE-EMPLOYMENT TO POSTEMPLOYMENT. Section 8 of Rule 1. (Cathay Pacific Airways vs. NATIONAL LABOR RELATIONS COMMISSION et al.. vs. NATIONAL LABOR RELATIONS COMMISSION. Jasmine Isip. Elsa Villaflor(Labor Relations). An employer is not precluded from adopting a new policy conducive to a more economical and effective management. no separation pay due. whichever is higher Equivalent to one month pay or at least one-half month pay for every year of service Equivalent to one month pay or at least one-half month pay for every year of service (If due to severe financial losses. AL) • 4. Kareen Faye Pioquinto . and the law does not require that the employer should be suffering financial losses before he can terminate the services of the employee on the ground of redundancy (DOLE PHILIPPINES. (NDC-GUTHRIE PLANTATIONS. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. HIV/AIDS LAW) SEPARATION PAY Equivalent to at least one month pay or at least one month pay for every year of service. PERCEIVED OR SUSPECTED HIV STATUS IS DEEMED UNLAWFUL. RETRENCHMENT to prevent losses (there is excess of employees and employer wants to prevent financial losses) CONDITIONS UNDER WHICH AN EMPLOYER MAY RETRENCH: (a) substantial losses which are not merely de minimis in extent. RA 8504. INSTALLATION of labor saving devices(Automation. closing or CESSATION OF OPERATION of the establishment or undertaking UNLESS the closing is for the purpose of circumventing the provisions of the Labor Code. Emil Bien Ongkiko. EDP’S: Jennifer Trinidad..San Beda College of Law MEMORY AID • Reorganization as a cost-saving device is acknowledged by jurisprudence. Jr. (SEC. INCLUDING HIRING. (c) retrenchment would effectively prevent the expected and additional losses. whichever is higher Equivalent to at least one month pay or at least one month pay for every year of service. DISEASE a. with a certification from public heath officer that the disease is incurable within 6 months despite due medication and treatment. • Before an employer could dismiss an employee based on a disease. INC et al.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards). 5. Robotics) 6. 35. PERCEIVED OR SUSPECTED HIV STATUS OF AN INDIVIDUAL IS PROHIBITED. INC. Ma. (b) imminence of such substantial losses. vs. the disease is incurable within 6 months and the continued employment of the employee is prohibited by law or prejudicial to his health as well as to the health of his co-employees CAUSE OF TERMINATION Automation Redundancy Retrenchment Closures or cessation of operations not due to serious business losses or financial reverses LABOR LAW COMMITTEE  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. BASED ON THE ACTUAL.) 3. TERMINATION FROM WORK ON THE SOLE BASIS OF ACTUAL.) IN 115 LABOR LAW b. (d) the alleged losses and expected losses must be proven by sufficient and convincing evidence. PROMOTION OR ASSIGNMENT. ET.

Joy Inductivo (VC-Finance). NLRC. In the absence of a retirement plan or agreement providing for retirement benefits of employees in an establishment. Garny Luisa Alegre (Commercial Law). b. Charmaine Torres (Taxation Law). 3. but not beyond 65 years which is hereby declared as the compulsory retirement age. Romuald Padilla (Civil Law). WITHOUT JUST CAUSE. Jackie Lou Bautista (Legal Ethics) . Commission of a CRIME OR OFFENSE by the employer or his representative against the person of the employee or any of the immediate members of his family. • The rule is different with respect to underground mining employees whose optional retirement age is 50-60 provided they have at least served for a period of 5 years (Art. BENEFITSA retiree is entitled to a retirement pay equivalent to at least ½ month salary for every year of service. who has served at least 5 years in said establishment. whichever is greater. WITH JUST CAUSE .Secretariat). Mark David Martinez (Criminal Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). The employer upon whom no such notice was served may hold the employee liable for damages. 285. Ronald Jalmanzar (Over-all Vice Chair).  When termination is brought about by the completion of the contract or phase thereof. a fraction of at least six (6) months being considered as one whole year. an employee upon reaching the age of 60 years or more. a fraction of at least 6 months shall be considered one (1) whole year. vs. TERMINATION BY EMPLOYEE TERMINATION BY THE EMPLOYEE: a. SERIOUS INSULT by the employer or his representative on the hour and person of the employee. Elaine Masukat (VCEDP). and 4. Inhuman and UNBEARABLE TREATMENT accorded the employee by the employer or his representative. Yolanda Tolentino(VC-Acads).116 2005 CENTRALIZED BAR OPERATIONS Disease Equivalent to at least one-month salary or to ½ month salary for every year of service. 287.An employee may put an end to establish WITHOUT 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). the employee is not entitled to such benefit if the closure was due to SERIOUS BUSINESS LOSSES.  ART. no prior notice is required  ART. it shall be sufficient that a written notice is served the employee within a reasonable time from the effective date of termination. 2. RETIREMENT  RETIREMENT AGE .by serving a WRITTEN NOTICE on the employer at least one month in advance. 287 as amended by RA 8558). Therefore. the term “one half (1/2) month salary” shall mean: • 15 days plus 1/12 of the 13th month pay and AND NOTE: ARTICLE 283 governs the grant of separation benefits ‘in case of closures or cessation of operation’ of business establishments NOT due to serious business losses or cessation of operation [North Davao Mining Corp. Unless the parties provide for broader inclusions. Francis Benedict Réotutar (Labor Law).  When termination of employment is brought by the failure of an employee to meet the standards of the employer in case of probationary employment. Jennifer Ang(VC. Other causes ANALOGOUS to any of the foregoing. et al].The age of retirement is that specified in the CBA or in the employment contract. SERVING ANY NOTICE on the employer for any of the following just causes [SUCA]: 1. Jinky Ann Uy (Remedial Law).

Age 60-65 Retirement Optional but the employee must have served at least 5 years Compulsory (no need for five years of service) IN 117 LABOR LAW  ART. EDP’S: Jennifer Trinidad.5 days per year of service) Under Section 26. all other cases of injury to rights of a workingman being governed by the Civil Code. NOTE: Exempted from the payment of retirement pay are retail. which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefit thereafter. (22. No. Hence. AND VENUE: The Regional Arbitration Branch where the workplace is located (NLRC Rules of Procedure.San Beda College of Law MEMORY AID • the cash equivalent of NOT more than 5 days of service incentive leaves. PRESCRIPTION CLAIMS LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. R. REINSTATEMENT prescribes in 4 years. MONEY CLAIMS  PERIODS OF PRESCRIPTION Cause MONEY CLAIMS ULP ILLEGAL DISMISSAL REINST ATEMENT Period of Prescription 3 years from the accrual of the causes of action 1 year from the accrual of the cause of action 4 years from the accrual of the cause of action 4 years 65 BOOK SEVEN TRANSITORY AND FINAL PROVISIONS TITLE II OF OFFENSES NOTE: The period of prescription mentioned under Article 292 of the Labor Code refers to and is limited to money claims. 4670. public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given ONE RANGE SALARY RAISE upon retirement. service and agricultural establishments or operations employing NOT more than ten (10) employees or workers. Emil Bien Ongkiko. Jasmine Isip. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jr. 291. Kareen Faye Pioquinto . Ma. otherwise known as the Magna Carta for Public School Teachers.A. Elsa Villaflor(Labor Relations).

Secretariat). Garny Luisa Alegre (Commercial Law). Ronald Jalmanzar (Over-all Vice Chair). Francis Benedict Réotutar (Labor Law). Jinky Ann Uy (Remedial Law). 9 (a) a. which may be necessary to adopt by reason of the reduced contribution thereto as a result of the integration shall be subject to agreements between the employers and the employees concerned d. Joy Inductivo (VC-Finance). Romuald Padilla (Civil Law). adjustments. c.118 2005 CENTRALIZED BAR OPERATIONS Appendices SPECIAL LAWS SOCIAL SECURITY SYSTEM RA1161 as amended by RA 8282  COVERAGE: Compulsory: 1. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Mark David Martinez (Criminal Law). their monthly income should not be less than one thousand pesos Limitation: Sec. In case of domestic helpers. Yolanda Tolentino(VC-Acads). Elaine Masukat (VCEDP). eliminations or improvements in the benefits to be available under the remaining private plan. Any benefit already earned by the employees under private benefit plans existing at the time of the approval of the Act shall not be discontinued. Private plans which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employer’s contribution to his private plan is more than that required of him in this Act. Charmaine Torres (Taxation Law). Jackie Lou Bautista (Legal Ethics) . reduced or otherwise impaired b. The private benefit plan which the employer shall continue for his employees shall remain under the employer’s managementand control unless there is an AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jennifer Ang(VC. modifications. Compulsory upon all employees not over 60 years of age and their employers 2. Any changes. he shall pay to the SSS only the contribution required of him and he shall continue his contribution to such private plan less his contribution to the SSS so that the employer’s total contribution to his benefit plan and and to the SSS shall be the same as his contribution to his private benefit plan before any compulsory coverage.

Professional athletes. EDP’S: Jennifer Trinidad. Employment purely casual and not for the purpose of occupation or business of the employer 2.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). international organization. coaches. Kareen Faye Pioquinto . trainers. including corporations owned or controlled by the Government Self. BY AGREEMENT: Any foreign government. Employer: It shall take effect on the first day of his operation 2. industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment except the Government and any of its political subdivisions. who carries on in the Philippines. 3. 8 (J)): 1. Emil Bien Ongkiko. 4. may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems (Sec. unless they are also engaged in other vocation or employment which is subject to mandatory coverage. 5. Service performed in the employ of a foreign government. may be covered by the SSS on a voluntary basis. workers in the Philippines. EXCLUDED EMPLOYMENT (SEC. Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines. Jr.employed persons as may be determined by the Commission including but not limited to the following (Sec 9-A): (APAPI) 1. Elsa Villaflor(Labor Relations). or their wholly owned instrumentality. any trade business.8 (j (4)). 11) 4. Service performed in the employ of the Philippine government or instrumentality or agency thereof. domestic or foreign. Partners and single proprietors 3. Self-employed: It shall take effect upon his registration with SSS Definitio n of Terms  EMPLOYER Any person natural or juridical.San Beda College of Law MEMORY AID existing agreement to the contrary.  EFFECTIVE DATE OF COVERAGE: 1. Employee: On the day of his employment 3. Filipinos recruited by foreign based employers for employment abroad may be covered by the SSS on a voluntary basis 3. Self-employed with no income (11-A) 1. Actors and actresses directors.employed person shall be both the employer and employee at the same time 3. or their wholly-owned instrumentality employing LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Individual farmers and fishermen Voluntary: Spouses who devote full time to managing the household and family affairs. All self employed professionals 2. scriptwriters and news correspondents who do not fall within the definition of the term employee in Section 8 (d) of this Act 4. Ma. branches or instrumentalities. Employees separated from employment may continue to pay contributions to maintain his right to full benefits (Sec. international organization. Services performed by temporary employees. Jasmine Isip. which may be excluded by regulation of the commission. Nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those provided under this act IN 119 LABOR LAW e. 2. Compulsory upon such self. and jockeys 5.

Yolanda Tolentino(VC-Acads). Ronald Jalmanzar (Over-all Vice Chair). has reached the age of 60 years and is already separated from employment or has ceased to be selfemployed b. SUSPENSION OF MONTHLY PENSION: Upon the re-employment or resumption of self-employment of a retired employee who is less than 65 years old. Self. The dependent spouse until he or she remarries. illegitimate children shall be entitled to 100% of the benefits. has reached the age of 65 years. Jennifer Ang(VC. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). legally adopted or legitimate children. c. PROVIDED FURTHER in the absence of the legitimated. legitimated or legally adopted children. the dependent legitimate. the former shall be preferred. be the secondary beneficiaries. the parent who is receiving regular support from the member  BENEFICIARIES a. legitimated or legally adopted and illegitimate child who is unmarried. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Romuald Padilla (Civil Law). Permanent disability benefits AND b. 3. shall be entitled for as A covered member who is 60 years old not qualified under No. 1 shall still be entitled to retirement benefits PROVIDED.employee relationship. IN THEIR ABSENCE. IN THE ABSENCE OF ALL of the foregoing. Francis Benedict Réotutar (Labor Law). Mark David Martinez (Criminal Law). Death Benefits 5. Elaine Masukat (VCEDP). Retirement benefits A member who has paid at least 120 monthly contributions prior to the semester of retirement and who: a. he is separated from employment and is not continuing payment of contributions to the SSS on his own. Dependents pension It shall be paid for each dependent child conceived on or before the date of the contingency but not exceeding five.Secretariat). Charmaine Torres (Taxation Law). Benefits 1. the legitimate. Joy Inductivo (VC-Finance). he is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of self. 4. Jinky Ann Uy (Remedial Law). beginning with the youngest without substitution PROVIDED that where there are legitimate and illegitimate children. Jackie Lou Bautista (Legal Ethics) . The legal spouse entitled by law to receive support from the member 2. physically and mentally and 3.120 2005 CENTRALIZED BAR OPERATIONS  EMPLOYEE Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services.employed person shall be both the employer and employee at the same time  DEPENDENTS: 1. d.support. Monthly pension 2. not gainfully employed and has not reached 21 years of age or if 21 years of age. legitimated or legally adopted and illegitimate children who shall be the primary beneficiaries of the member PROVIDED that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate. where there is an employer. the dependent parents who shall e. Garny Luisa Alegre (Commercial Law). any person designated by the covered employee as secondary beneficiary.

The SSS shall immediately reimburse the employer 100% of the benefits advanced by the latter f. That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS. (NOTE: SEE TABLE ON SOCIAL WELFARE LEGISLATION FOR COMPARISON WITH GSIS) GOVERNMENT SERVICE INSURANCE SYSTEM RA 8291 COMPULSORY MEMBERSHIP (Sec.San Beda College of Law MEMORY AID 6. For self-employed they shall remit their contributions quarterly on such dates and schedules as the Commission may require. Emil Bien Ongkiko. his employer shall pay the employer’s contribution and shall deduct and withhold from such employee’s monthly salary the employees contribution. Funeral Benefit A funeral grant equivalent to Twelve thousand pesos (P12.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). A member must have paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of sickness or injury b. Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits d.  Non-transferability of benefits (Sec. 15) Such benefits are not transferable and no power of attorney or other document executed by those entitled thereto. The same time of collection for selfemployed Remittance: It shall be remitted within the first 10 days of each calendar month following the month for which they are applicable or within such time as the Commission may prescribe. in favor of any agent. including permanently totally disabled member or retiree. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. 3) Compulsory for all employees (as defined in Section 2 (d) of GSIS Law) . Sickness benefit Requirements: a. the employer shall be liable for damages equivalent to the benefits which said employee LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. attorney or any other person for the collection thereof on their behalf shall be recognized. EDP’S: Jennifer Trinidad. The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application c. b. Jasmine Isip.00) shall be paid. to help defray the cost of funeral expenses upon the death of a member. Jr. If no contributions were remitted by the employer or no notice was given to SS. The maternity benefits provided under this section shall be paid only for the first 4 deliveries or miscarriages e. Ma. and is confined therefor for more than three days in a hospital or elsewhere with the approval of the SSS 8. except when they are physically unable to collect personally such benefits. 7. Elsa Villaflor(Labor Relations). Collection: Beginning on the last day of the month when an employee’s compulsory coverage takes effect and every month thereafter during his employment. in cash or in kind. 000. 2. Maternity Leave Benefit It shall be paid to a female employee who has paid at least 3 monthly contributions in the twelve month period immediately preceding the semester of her childbirth or miscarriage PROVIDED: a. Sources of Fund 1. Kareen Faye Pioquinto IN 121 LABOR LAW member would otherwise have been entitled to.

 COMPUTATION OF SERVICE The computation of service for the purpose of determining the amount of benefits payable shall be FROM THE DATE OF THE ORIGINAL APPOINTMENT/ ELECTION INCLUDING PERIODS OF SERVICE AT DIFFERENT TIMES UNDER THE election or appointment. EXCEPT FOR THE MEMBERS OF THE JUDICIARY AND CONSTITUTIONAL COMMISSIONS WHO SHALL HAVE LIFE INSURANCE ONLY. d.  Dependents: 1. or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to age of majority 3. legitimated legally adopted child. whether by 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). branches. EXCEPT MEMBERS OF THE ARMED FORCES AND THE PNP. all members of the GSIS shall have life insurance. subject to the condition that they must settle first their financial obligations with the GSIS and contractuals who have no employer and employee relationship with the agencies they serve. not over the age of majority. All service credited for retirement. the legitimate descendants  Disability Any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his/her capacity to continue with his/her current gainful occupation or engage in any other gainful occupation. survivorship. irrespective of status appointment. Parents dependent upon the member for support  Primary Beneficiary The legal dependent spouse until he/she remarries  Secondary Beneficiary The dependent parents and subject to the restrictions on dependent children. Mark David Martinez (Criminal Law). including the illegitimate child who is: a. unmarried. Charmaine Torres (Taxation Law). irrespective of employment status. Yolanda Tolentino(VC-Acads). Garny Luisa Alegre (Commercial Law). Jennifer Ang(VC.  Total Disability Complete incapacity to continue with his present employment or engage in any gainful occupation due to the loss or impairment of the normal functions of the physical and/or mental faculties of the member  Permanent Total Disability Accrues or arises when recovery from impairment mentioned in Section 2 (Q) (defining disability) is medically remote AND PHILIPPINES AND GSIS IN COORDINATION WITH THE CIVIL SERVICE COMMISSION. retirement and all other social security protection such as disability. The legitimate. The legitimate spouse dependent for support upon the member or pensioner 2. Elaine Masukat (VCEDP). separation and unemployment benefits.Secretariat).122 2005 CENTRALIZED BAR OPERATIONS receiving compensation who have not reached the compulsory retirement age. its political subdivisions. Jackie Lou Bautista (Legal Ethics) . Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). resignation or separation for which corresponding benefits have been awarded shall be EXCLUDED in the computation of service in case of reinstatement in the service of an employer and subsequent retirement or separation which is compensable. the constitutional commissions and the judiciary  Employee or Member: Any person receiving compensation while in the service of an employer as defined herein. Francis Benedict Réotutar (Labor Law). AUTHORITY OF THE OF THE THOSE THAT MAY BE PRESCRIBED BY THE REPUBLIC Definitio n of Terms  Employer: The national government. c. Ronald Jalmanzar (Over-all Vice Chair). Jinky Ann Uy (Remedial Law). not gainfully employed. Romuald Padilla (Civil Law). Joy Inductivo (VC-Finance). b. agencies or instrumentalities including GOCC’s and financial institutions with original charters.

or willful intention to kill himself or another. It shall be mandatory for the member and the employer to pay the monthly contributions. Grave misconduct 2. Notorious negligence 3.  Collection and Remittance 1. Failure to do so shall subject the employers to penal or administrative sanctions.  Benefits 1. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Elsa Villaflor(Labor Relations). Ma. RETIREMENT BENEFITS: Conditions for entitlement (Sec. 2. PERMANENT DISABILITY BENEFITS General Conditions for Entitlement (Sec. The member resigns or separates from office after he has rendered at least fifteen (15) years of service and is below sixty (60) years of age at the time of resignation or separation. 2. Jasmine Isip. SEPARATION BENEFITS (SEC. 15): The member must have suffered permanent disability for reasons NOT DUE to: 1. despite which the member is able to pursue a gainful occupation. Kareen Faye Pioquinto . Remittance: The employer shall remit directly to the GSIS the employees and employers contributions within the first ten (10) days of the calendar month following the month to which the contributions apply. Separation include: benefits likewise UNEMPLOYMENT OR INVOLUNTARY SEPARATION BENEFITS (Sec. Collection: The employer shall report to the GSIS all pertinent information regarding the employee and shall deduct each month from the salary or compensation of each employee the contribution payable by him. Habitual intoxication. 12): shall be paid to a permanent employee who is involuntarily separated from the service due to the abolition of his office or position usually resulting from reorganization PROVIDED that he has been paying integrated contributions for at least one (1) year prior to contributions.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Sources of Fund  Contributions 1. 11): Separation benefits are given to the: a. 13-A): Member has rendered at least 15 years of service He is at least 60 years of age at the time of retirement He is not receiving a monthly pension benefit from permanent total disability 3. Jr. EDP’S: Jennifer Trinidad. The employer shall include in its annual appropriation the necessary amounts for its share of the contributions indicated above PLUS any additional premiums that may be required on account of the hazards or risks of its employees occupation. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 2. The member resigns or separates from the service after he has rendered at least three (3) years of service but less than fifteen (15) years or 1. 3.San Beda College of Law MEMORY AID IN 123 LABOR LAW  Temporary Total Disability Accrues or arises when impaired physical and/or mental faculties can be rehabilitated and/or restored to their normal functions  Permanent Partial Disability Accrues or arises upon the irrevocable loss or impairment of certain portion/s of the physical faculties. Emil Bien Ongkiko.

Francis Benedict Réotutar (Labor Law). has rendered at least 3 years of service and paid 36 monthly contributions with the 5. Jennifer Ang(VC. PROVIDED: 1. Joy Inductivo (VC-Finance). he has paid at least 36 monthly contributions within the 5 year period immediately preceding the disability or has paid a total of at least 180 monthly contributions prior to the disability 3. 5. PROVIDED: 1. a member cannot enjoy the monthly income benefit for permanent disability and the old age retirement simultaneously. Unless the member has reached the minimum retirement age. He is in service at the time of his disability 2. IF HE WAS IN SERVICE AND HAS PAID A TOTAL OF AT LEAST 180 MONTHLY CONTRIBUTIONS. Ronald Jalmanzar (Over-all Vice Chair). IF SEPARATED FROM SERVICE. he has rendered at least 3 years of service and has paid at least 6 monthly contributions in the 12month period immediately preceding the disability HOWEVER. Garny Luisa Alegre (Commercial Law). Romuald Padilla (Civil Law). If separated from service. Mark David Martinez (Criminal Law). He fails to present himself for medical examination when required by the GSIS  PERMANENT PARTIAL DISABILITY (Sec. Member was in service at the time of his death b. 16): He shall receive monthly income benefit for life equal to the basic monthly pension effective from the date of the disability.Secretariat). Elaine Masukat (VCEDP). He is in the service at the time of the disability 2. in addition to the monthly income benefit. Charmaine Torres (Taxation Law). disability benefits shall be SUSPENDED when: 1. and in no case shall the benefit be less than 70 pesos a day. a. SURVIVORSHIP PROVIDED: PENSION. 17): He must satisfy specific conditions 1-3. TEMPORARY DISABILITY BENEFITS (Sec. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).  Death of a Member Upon the death of a member. Yolanda Tolentino(VC-Acads). He is reemployed 2.124 2005 CENTRALIZED BAR OPERATIONS Specific conditions for entitlement (Sec. he shall receive a cash payment equivalent to 18 times his basic monthly pension 4. 4. SURVIVORSHIP BENEFITS:  For purposes of survivorship benefits. He recovers from his disability as determined by the GSIS. the primary beneficiaries shall be entitled to: 1. Jinky Ann Uy (Remedial Law). 18) The member shall be entitled to 75% of the current daily compensation for each day or fraction thereof of temporary disability benefit not exceeding 120 days in one calendar year after exhausting all sick leave credits and collective bargaining agreement sick leave benefits. whose decision shall be final and binding 3. a member cannot enjoy temporary total disability benefit and sick leave pay simultaneously IN ADDITION.year period immediately preceding his death or has paid a total of at least 180 monthly contributions. the payment of the temporary total disability benefit may be extended by the GSIS but not to exceed a total of 240 days LASTLY. If the disability requires more extensive treatment that lasts beyond 120 days. However. If separated. legitimate children shall include legally adopted and legitimated children. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jackie Lou Bautista (Legal Ethics) .

 IN THE ABSENCE OF PRIMARY BENEFICIARIES. THE SECONDARY BENEFICIARIES SHALL BE ENTITLED TO: 1. 3.000 PROVIDED that the member is in service at the time of his death and has at least 3 years of service. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Appealable under Rule 43 and 45 Of the 1997 Rules of Civil Procedure.San Beda College of Law MEMORY AID 2. they shall be entitled to the basic survivorship pension for as long as they are qualified. and the dependent children shall receive the dependents pension. In the absence of secondary beneficiaries . 000 PROVIDED That the deceased has rendered at least 3 years of service prior to his death but does not qualify under 1 and 2. 2.000. Kareen Faye Pioquinto . Ma. or SC and the appeal shall be without prejudice to the special civil action of certiorari when proper. 2. but not less than P12. The appeal shall not stay the execution of the order or award unless ordered by the Boards. the benefits under this paragraph shall be paid to the legal heirs 6. Adjudication of Claims and Disputes  PRESCRIPTION OF CLAIMS Claims for benefits under the Act except for life and retirement shall prescribe AFTER 4 YEARS FROM THE DATE OF THE CONTINGENCY.00) PROVIDED that it shall be increased to at least eighteen thousand pesos (P18.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).  JURISDICTION GSIS shall have the exclusive and original jurisdiction to settle any dispute arising under the Act and any other laws administered by the GSIS.00) after five years and shall be paid upon death. plus the dependent children’s pension.000. FUNERAL BENEFITS: 7. he/shall receive the basic survivorship pension for life or until he/she remarries. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. CA. SURVIVORSHIP PENSION PLUS A CASH PAYMENT EQUIVALENT TO 100% OF HIS AVERAG`E MONTHLY COMPENSATION FOR EVRY YEAR OF SERVICE PROVIDED: The deceased was in the service at the time of his death with at least three years of service 3. Emil Bien Ongkiko. Elsa Villaflor(Labor Relations). IN 125 LABOR LAW When the dependent spouse is the only survivor. the dependent spouse shall receive the basic survivorship pension for life or until he/she remarries.  ORDER OF PAYMENT OF THE SURVIVORSHIP PENSION 1.] When only dependent children are the survivors. EDP’S: Jennifer Trinidad. It shall not be less than twelve thousand pesos (P12. Cash payment equivalent to 100% of his average monthly compensation for each year of service he paid contributions. Jasmine Isip. SURVIVORSHIP PENSION PLUS A CASH PAYMENT EQUIVALENT TO 100% OF HIS AVERAGE MONTHLY COMPENSATION FOR EVERY YEAR OF SERVICE HE PAID CONTRIBUTIONS BUT NOT LESS THAN P12. Jr. When the survivors are the dependent spouse and the dependent children. LIFE INSURANCE BENEFITS All employees except members of the AFP and the PNP shall be compulsorily covered with life insurance.

Mark David Martinez (Criminal Law).Secretariat). Jennifer Ang(VC. Francis Benedict Réotutar (Labor Law). Elaine Masukat (VCEDP). Yolanda Tolentino(VC-Acads). Jinky Ann Uy (Remedial Law). Charmaine Torres (Taxation Law). Garny Luisa Alegre (Commercial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).126 2005 CENTRALIZED BAR OPERATIONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Romuald Padilla (Civil Law). Ronald Jalmanzar (Over-all Vice Chair). Jackie Lou Bautista (Legal Ethics) . Joy Inductivo (VC-Finance).

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Ma. Jasmine Isip. Kareen Faye Pioquinto . Elsa Villaflor(Labor Relations). Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Emil Bien Ongkiko.San Beda College of Law MEMORY AID IN 127 LABOR LAW LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad. Jr.

Jennifer Ang(VC. Charmaine Torres (Taxation Law). Joy Inductivo (VC-Finance).128 2005 CENTRALIZED BAR OPERATIONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Mark David Martinez (Criminal Law). Ronald Jalmanzar (Over-all Vice Chair). Romuald Padilla (Civil Law). Jackie Lou Bautista (Legal Ethics) . Yolanda Tolentino(VC-Acads).Secretariat). Jinky Ann Uy (Remedial Law). Garny Luisa Alegre (Commercial Law). Francis Benedict Réotutar (Labor Law). Elaine Masukat (VCEDP).

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID IN 129 LABOR LAW LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Jr. Ma. Jasmine Isip. Elsa Villaflor(Labor Relations). Emil Bien Ongkiko. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto .

Mark David Martinez (Criminal Law). Jinky Ann Uy (Remedial Law). Yolanda Tolentino(VC-Acads). Jackie Lou Bautista (Legal Ethics) .Secretariat).130 2005 CENTRALIZED BAR OPERATIONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Elaine Masukat (VCEDP). Joy Inductivo (VC-Finance). Ronald Jalmanzar (Over-all Vice Chair). Francis Benedict Réotutar (Labor Law). Garny Luisa Alegre (Commercial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Romuald Padilla (Civil Law). Charmaine Torres (Taxation Law). Jennifer Ang(VC.

Emil Bien Ongkiko. Jasmine Isip. Kareen Faye Pioquinto . Jr. Elsa Villaflor(Labor Relations). Ma. EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID IN 131 LABOR LAW LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards).

Mark David Martinez (Criminal Law). Yolanda Tolentino(VC-Acads). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Elaine Masukat (VCEDP). Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law). Jackie Lou Bautista (Legal Ethics) . Francis Benedict Réotutar (Labor Law). Charmaine Torres (Taxation Law). Ronald Jalmanzar (Over-all Vice Chair). Romuald Padilla (Civil Law).Secretariat).132 2005 CENTRALIZED BAR OPERATIONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jennifer Ang(VC. Jinky Ann Uy (Remedial Law).

 SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Jr. Elsa Villaflor(Labor Relations). Jasmine Isip. Ma. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. EDP’S: Jennifer Trinidad.San Beda College of Law MEMORY AID IN 133 LABOR LAW LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Kareen Faye Pioquinto . Emil Bien Ongkiko.

and 4. acknowledged children as appearing in the birth certificate. or any disability acquired that renders them totally dependent on the member for support d. Elaine Masukat (VCEDP). Parents who are 60 years old or above whose monthly income is below an amount to be determined by the Corporation 2. to serve as the means to help the people pay for health care services 3. Prioritize and accelerate the provision of health services to all Filipinos. hereinafter referred to as the Corporation. 7875)  GENERAL OBJECTIVES: 1. Francis Benedict Réotutar (Labor Law). either physical or mental.Secretariat). especially that segment of the population who cannot afford such services. Children who are 21 years old or above but suffering from congenital disability. Jackie Lou Bautista (Legal Ethics) . Jinky Ann Uy (Remedial Law). Joy Inductivo (VC-Finance).  Definition of Terms 1. illegitimate.134 2005 CENTRALIZED BAR OPERATIONS NATIONAL HEALTH INSURANCE ACT OF 1995 (RA NO. Romuald Padilla (Civil Law). legally adopted or step-children below twenty-one years of age c. The unmarried and unemployed legitimate. The legitimate spouse who is not a member b. Establish the Philippine Health Insurance Corporation. Charmaine Torres (Taxation Law). Dependent: a. Employee Any person who performs services for an employer in which either or both AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jennifer Ang(VC. Create the National Health Insurance Program hereinafter referred to as the Program. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Garny Luisa Alegre (Commercial Law). Employer A natural or juridical person who employs the services of an employee 3. Ronald Jalmanzar (Over-all Vice Chair). legitimated. Provide all citizens of the Philippines with the mechanism to gain financial access to health services 2. Yolanda Tolentino(VC-Acads). that will administer thge Program at the central and local levels. Mark David Martinez (Criminal Law).

Emergency and transfer services 4. 3. Ma. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. services of health care professionals c. cosmetic surgery 5. where there is an employer-employee relationship  THE NATIONAL HEALTH INSURANCE PROGRAM Establishment and Purpose It shall provide health insurance coverage and ensure affordable.San Beda College of Law MEMORY AID mental and physical efforts are used and who receives compensation for such services. use of surgical or medical equipment and facilities e. Kareen Faye Pioquinto IN 135 LABOR LAW 2. Other health care services Excluded Personal Health Services 1. acceptable. personal preventive services d. optometric services 7. home and rehabilitation services 6. EDP’S: Jennifer Trinidad.  TRANSFER OF MEDICARE FUNCTIONS OF THE SSS AND GSIS Within 5 years from the promulgation of the implementing rules and regulations. and available health care srvices for all citizens of the Philippines. non-prescription drugs and services LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. laboratory and other medical examination services d. drug and alcohol abuse or dependency treatment 4. Members who have paid at least 120 monthly contributions 3. prescription drugs and biologicals 2. A member whose premium for at least 3 months have been paid within 6 months prior to the first day of his or his dependents availment 2. He must not be currently subject to legal penalties  MONTHLY CONTRIBUTIONS NEED NOT BE PAID BY THE FOLLOWING TO BE ENTITLED TO THE PROGRAM’S BENEFITS 1. Emil Bien Ongkiko. accessible. But the SSS and GSIS . prescription drugs and biologicals 3. diagnostic. Elsa Villaflor(Labor Relations). laboratory and other medical examination services c. normal obstetrical services 8. outpatient psychotherapy and counselling for mental disorders 3. services of health care professionals b.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). It shall as a means for the healthy to help pay for the care of the sick and for those who can afford medical care to subsidize those who cannot Coverage All citizens of the Philippines shall be covered by the National health Insurance Program Benefit Package 1. cost-ineffective procedures which shall be defined by the Corporation Entitlement to Benefits 1. Enrolled indigents NOTE:  TRANSFER OF HEALTH INSURANCE FUNDS OF SSS AND GSIS It shall be transferred to the Corporation within 60 days from the promulgation of the Implementing Rules and Regulation The SSS and GSIS shall continue to perform Medicare functions under contract with the Corporation until such time that such functions are assumed by the Corporation. He must show that he contributes thereto with sufficient regularity as evidenced by their health insurance ID card. Jasmine Isip. Inpatient hospital care a. Retirees and pensioners of SSS and GSIS 2. diagnostic. Jr. Outpatient care a. room and board b.

education-related. having authority. By an employer. trainee or apprentice. EDUCATION OR TRAINING ENVIRONMENT. privileges or considerations. 3. Joy Inductivo (VC-Finance). In a work or training or education environment c. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). The State shall: 1. The law punishes sexual harassment if the same is: work-related.136 2005 CENTRALIZED BAR OPERATIONS shall continue performing its Medicare functions beyond the stipulated 5-year period if such extension will benefit Program members. B. instruction or education. students or those undergoing training. 4. allowance or other benefits.A ND FOR OTHER PURPOSES (REPUBLIC ACT NO. hostile or offensive environment for the result. deprive or diminish employment opportunities or otherwise adversely affect said employee. Ronald Jalmanzar (Over-all Vice Chair). in an education or training environment. re-employment or continued employment of said individual. guarantee full respect for human rights. all forms of sexual harassment in the employment. training-related WORK. The sexual favor is made as a condition in the hiring or in the employment. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). sexual harassment is committed when: 1. Romuald Padilla (Civil Law). or the refusal to grant the sexual favor results in limiting.Secretariat). 3. professor. AND  DECLARATION OF POLICY. agent of the employer. When the sexual favor is made a condition to the giving of a passing grade. Charmaine Torres (Taxation Law). Garny Luisa Alegre (Commercial Law). The above acts would result in an intimidating. Against one who is under the care. education or training related sexual harassment is committed: a. Elaine Masukat (VCEDP). conditions. Yolanda Tolentino(VC-Acads). or in granting said individual favorable compensation. training. AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT. sexual harassment is committed: 1. teacher. Mark David Martinez (Criminal Law). coach. Against one whose education. EDUCATION OR TRAININGRELATED SEXUAL HARASSMENT DEFINED. 7877) the demand. promotions or privileges. influence or moral ascendancy over another b. hostile or offensive environment for the employee. manager. 2. or the granting honors and scholarships. Jennifer Ang(VC. employee. Jinky Ann Uy (Remedial Law). trainor. uphold the dignity of workers. 3. 2. Towards this end. enhance the development of its human resources. Demands. When the sexual advances result in an intimidating. value the dignity of every individual. employees. Requests or otherwise Requires any sexual favor from the other regardless of whether 1. or the payment of a stipend. or any other person who. The above acts would impair the employees rights and privileges under existing labor laws. segregating or classifying the employee which in any way would discriminate. instructor. request or requirement for submission is accepted by the object of said act. applicants for employment. When work. custody or supervision of the offender. 2. A. education or training environment are hereby declared unlawful. Jackie Lou Bautista (Legal Ethics) . in a work-related or employment environment. Francis Benedict Réotutar (Labor Law). terms. apprenticeship or tutorship is entrusted to the offender. 2. supervisor.

Emil Bien Ongkiko. • •  LIABILITY OF THE EMPLOYER. or who cooperates in the commission thereof by another without which it would not have been committed shall also be held liable under this Act. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. HEAD OF OFFICE. Education or Trainings Environment. trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. • Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. Elsa Villaflor(Labor Relations). Towards this end. and from the rank and file employees In the case of the educational or training institution.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. coaches. Jr. the employer or head of office shall: a. It is the duty of the Employer or Head of Office in a Work-related. educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon. EDUCATION OR TRAINING ENVIRONMENT. as the case may be. •  The committee shall conduct meetings. Ma. Jasmine Isip. the committee shall be composed of at least one (1) representative each from the management. among others. settlement or prosecution of acts of sexual harassment. The said rules and regulations issued pursuant to this subsection shall include. as the case may be. the trainors. the committee shall be composed of at least one (1) representative from the administration. To prevent or deter the commission of acts of sexual harassment and. instructors. EDUCATIONAL OR TRAINING INSTITUTION. EDP’S: Jennifer Trinidad. professors. educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees. the union. teachers. through their duly designated representatives. if any. 1. professors or coaches and students or trainees. The creation of a committee on decorum and investigation of cases on sexual harassment. INDEPENDENT ACTION FOR DAMAGES Nothing in this Act shall preclude the victim of work. education or training environment if the employer or head of office.San Beda College of Law MEMORY AID Any person who directs or induces another to commit any act of sexual harassment as herein defined. educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. The employer or head of office. To provide the procedures for the resolution. 2. education or trainingrelated sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. the employees from the supervisory rank. a) b) guidelines on proper decorum in the workplace and educational or training institutions. DUTY OF THE EMPLOYER OR HEAD OF OFFICE IN A WORK-RELATED. It shall also conduct the investigation of alleged cases constituting sexual harassment In the case of a work-related environment. The employer or head of office. Kareen Faye Pioquinto . teachers. • IN 137 LABOR LAW instructors. with officers and employees.

Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). EXPLOITATION AND DISCRIMINATION. teacher or person having care or custody of the child fails or is unable to protect the child against abuse. Child trafficking. Unreasonable deprivation of his basic needs for survival. teacher or person having care and custody of the same. The State shall intervene on behalf of the child when: 1. exploitation and discrimination or 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Yolanda Tolentino(VC-Acads). guardian. exploitation and discrimination. 2. cruelty.000).  CHILDREN – persons below 18 years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. neglect. Jinky Ann Uy (Remedial Law). of the child which includes any of the following: 1. cruelty. and other conditions prejudicial to their development. 2. be penalized by imprisonment of not less than one (1) month nor more than six (6) months. degrades or demeans the intrinsic worth and dignity of a child as a human being. The parent. Carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse. Jackie Lou Bautista (Legal Ethics) .maltreatment. PRESCRIPTION Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. 2. Ronald Jalmanzar (Over-all Vice Chair). which debases. Joy Inductivo (VC-Finance). exploitation and discrimination. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development. guardian. Romuald Padilla (Civil Law). Mark David Martinez (Criminal Law). Provide special protection to children from all forms of abuse. PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES (REPUBLIC ACT 7610)  POLICY.000) nor more than Twenty thousand pesos (P20. whether habitual or not.  "COMPREHENSIVE PROGRAM AGAINST CHILD ABUSE. or in his permanent incapacity or death. such as food or shelter. or both such fine and imprisonment at the discretion of the court. EXPLOITATION AND DISCRIMINATION": refers to the coordinated program of services and facilities to protect children against: 1. or a fine of not less than Ten thousand pesos (P10. Child prostitution and other sexual abuse. Provide sanctions for their commission and 3. Garny Luisa Alegre (Commercial Law). It is hereby declared to be the policy of the State to : 1. sexual abuse and emotional maltreatment.Secretariat). Jennifer Ang(VC. Charmaine Torres (Taxation Law). neglect. or 4. upon conviction. When such acts against the child are committed by the said parent.138 2005 CENTRALIZED BAR OPERATIONS PENALTIES Any person who violates the provisions of this Act shall. 2. exploitation or discrimination because of a physical or mental disability or condition  CHILD ABUSE . Psychological and physical abuse. Francis Benedict Réotutar (Labor Law). cruelty. neglect. Any act by deeds or words. AND AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE. The best interests of children shall be the paramount consideration in all actions concerning them Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Elaine Masukat (VCEDP). 3.

14 RA 7610)  COMPLIANCE WITH PD 603 Every employer shall comply with the duties provided for in Articles 108 and 109 of PD 603 (Child and Youth Welfare Code): Article 108. health. conditions must be met: 1. Other acts of abuse. EDP’S: Jennifer Trinidad. When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed However. That the following requirements in all instances are strictly complied with: a. a work permit from the Department of Labour and Employment which shall ensure observance of the above requirements. nor impairs his normal development. conditions must be met: • That his employment neither endangers his life. b. (RA 7610. radio or television is essential However the ff. PD 603 – Duty of Employer to Submit Report Article 109. Elsa Villaflor(Labor Relations). No person shall employ child models in all commercials or advertisements promoting alcoholic beverages. 2. subject to the approval and supervision of competent authorities. (Sec.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). theater. and 5. Emil Bien Ongkiko. The employment contract is concluded by the child's parents or legal guardian. intoxicating drinks. health and morals. IN 139 LABOR LAW c. (Art. safety. The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration and the duration and arrangement of working time. a continuing programme for training and skills acquisition of the child. Ma. Jr.San Beda College of Law MEMORY AID 3. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. Kareen Faye Pioquinto . tobacco and its by-products. the ff. PD 603 – Register of Children  PROHIBITION AGAINST CHILD DISCRIMINATION No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. Jasmine Isip. The employer shall ensure the protection. 4.D. Circumstances which threaten or endanger the survival and normal development of children. Obscene publications and indecent shows. morals and normal development of the child. safety. Where a child's employment or participation in public entertainment or information through cinema. and The employer shall formulate and implement. 140 Labor Code) 13TH MONTH PAY LAW (P. before engaging such child. as amended by RA 7658)  PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN ADVERTISEMENTS. 851) LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. and approval of the Department of Labor and Employment 2. In the above exceptional cases where any such child may be employed. • That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education. and violence. with the express agreement of the child concerned. RULE ON CHILD LABOR Children below fifteen (15) years of age SHALL NOT BE EMPLOYED Except: 1. if possible. the employer shall first secure.

1975. other cash bonuses amounting to not less than 1/12th of the basic salary but shall not include cash and stock dividends. EMPLOYEES COVERED Except as provided in Section 3 of this issuance. b) The Government and any of its political subdivisions. "BASIC SALARY" include all remunerations or earnings paid by an employer to an employee for services rendered but may not include: 1.140 2005 CENTRALIZED BAR OPERATIONS  SEC. Christmas bonus 2. "THIRTEENTH-MOTH PAY" . Joy Inductivo (VC-Finance). Cash bonuses SEC. boundary. the employer shall pay the difference. EMPLOYERS COVERED e) WORKERS PAID ON PIECE-RATE BASIS refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated. All allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on December 16. designation or employment status. Yolanda Tolentino(VC-Acads). Midyear bonuses 3. Where an employer pays less than 1/12th of the employees basic salary. Cost-of-living allowances 2. regardless of their position. 3. and those who are paid a fixed amount for performing a specific work.000 a month. Garny Luisa Alegre (Commercial Law). whether from donations. Jennifer Ang(VC. and Employers of those who are paid on purely commission. as well as nonmonetary benefits. Jinky Ann Uy (Remedial Law). all employees of covered employers shall be entitled to benefit provided under the Decree who are receiving not more than P1. 2. those which are currently incurring substantial losses. in the case of non-profit institutions and organizations. has consistently declined by more than forty (40%) percent of their normal income for the last two (2) years. except where the workers are paid on piece-rate basis in which case the employer shall be covered by this issuance insofar as such workers are concerned. Mark David Martinez (Criminal Law). Christmas bonus 2. including GOCCs except those corporations operating essentially as private subsidiaries of the Government. Romuald Padilla (Civil Law). . where their income. contributions. or task basis. Employers already paying their employees 13-month pay or more in a calendar year of its c) 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). and 3. or 2. grants and other earnings from any source. "ITS EQUIVALENT" (as used in paragraph c) hereof) shall include: 1. Charmaine Torres (Taxation Law). mid-year bonus 3.The Decree shall apply to all employers except to: a) Distressed employers. Elaine Masukat (VCEDP).Secretariat). Ronald Jalmanzar (Over-all Vice Chair). Profit-sharing payments. profit-sharing payments and 4. TERMS DEFINITION OF CERTAIN d) equivalent at the time of this issuance. without regard to the time spent in producing the same.shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year. subject to the provision of Section 7 of this issuance. cost of living allowances and all other allowances regularly enjoyed by the employee.  SEC. Francis Benedict Réotutar (Labor Law). and AND . irrespective of the time consumed in the performance thereof. Employers of household helpers and persons in the personal service of another in relation to such workers. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).  WHAT CAN BE CONSIDERED AS 13TH MONTH PAY: 1.such as 1. 4. Jackie Lou Bautista (Legal Ethics) .

5. OPTION OF COVERED EMPLOYERS A covered employer may pay one-half of the 13th-month pay required by the Decree before the opening of the regular school year and the other half on or before the 24th day of December of every year. SEC. including faculty members of colleges and universities. Kareen Faye Pioquinto . Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. employees paid purely on commission basis 4. Emil Bien Ongkiko. Ma. 7. supplements. or other employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this issuance. PROHIBITION AGAINST REDUCTION OR ELIMINATION OF BENEFITS Nothing herein shall be construed to authorize any employer to eliminate. IN 141 LABOR LAW SEC. 6. EXEMPTION OF DISTRESSED EMPLOYERS Distressed employers shall qualify for exemption from the requirement of the Decree upon prior authorization by the Secretary of Labor. the periodicity or frequency of payment of the 13th month pay may be the subject of agreement.  SEC. SEC. Jasmine Isip. are entitled to 1/12 of their annual basic pay regardless of the number of months they teach or are paid within a year.  GUARANTEE OF PROTECTION FOR OVERSEAS WORKERS The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. 10. provided that they have worked for at least one month during the calendar year. household helpers 3.  WHO ARE EXCLUDED FROM COVERAGE: 1. their families. and of overseas Filipinos in distress. The government recognizes any of the following as a guarantee for LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. or diminish in any way. SPECIAL FEATURE OF BENEFIT The benefits granted under this issuance shall not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay. government employees 2. medicare and private welfare and retirement plans. earnings and other remunerations which are not part of the basic salary shall not be included in the computation of the 13-month pay. 8. employees already receiving 13th month pay SEC.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Elsa Villaflor(Labor Relations). EDP’S: Jennifer Trinidad. social security. as well as premium contributions to the State Insurance Fund. the law institutes the policies of overseas employment and establishes a higher standard of protection and promotion of the welfare of migrant workers.San Beda College of Law MEMORY AID irrespective of the method by which their wages are paid. ADJUDICATION OF CLAIMS Non-payment of the thirteenthmonth pay provided by the Decree and these rules shall be treated as money claims cases and shall be processed in accordance with the Rules Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission. RA 8042: “MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT 0F 1995" Approved on 07 June 1995 and took effect on 15 July 1995. As indicated in its title. In any establishment where a union has been recognized or certified as the collective bargaining agent of the employees therein. Jr. OT PAY Overtime pay. 9. PRIVATE SCHOOL TEACHERS Private school teachers.  SEC. fringe benefits. REPORT OF COMPLIANCE Every covered employer shall make a report of his compliance with the Decree to the nearest regional labor office not later than January 15 of each year.

or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being. Jennifer Ang(VC. It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers. All cases which are administrative in character. NLRC • Money Claims The Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. RTC A criminal action arising from illegal recruitment shall be filed with the RTC AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Francis Benedict Réotutar (Labor Law). Venue It may be filed with the POEA Adjudication Office or the DOLE/POEA regional office of the place where the complaint applied or was recruited at the option of the complainant. It is taking positive.  JURISDICTION 1. valid or authorized cause as defined by law or contract. shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.Secretariat). the law to apply is RA 8042. On or after 15 July 1995. principals. Joy Inductivo (VC-Finance). It has existing labor and social laws protecting the rights of migrant workers. POEA The POEA retains original exclusive jurisdiction to hear decide: and and 1. as mentioned in the preceding Section. Romuald Padilla (Civil Law). 2. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). amendment or modification made locally or in a foreign country of the said contract. the corporate officers and directors and partners as the case may be. It is a signatory to multilateral conventions. Charmaine Torres (Taxation Law). involving employers. Yolanda Tolentino(VC-Acads). contracting partners and Filipino migrant workers. Mark David Martinez (Criminal Law). 3. moral. a worker dismissed from overseas employment without just. plus his salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. Garny Luisa Alegre (Commercial Law). shall be filed with POEA Adjudication Office. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. declarations or resolutions relating to the protection of migrant workers. Jackie Lou Bautista (Legal Ethics) . Ronald Jalmanzar (Over-all Vice Chair). shall be answerable for all money claims. Jinky Ann Uy (Remedial Law). whichever is LESS. The performance bond to be filed by the recruitment/placement agency. The office with which the complaint was first filed shall take cognizance of the case. as provided by law. • LIABILITIES The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. Under Section 10 of RA 8042. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. is entitled to the full reimbursement of his placement fee with interest at twelve percent (12%) per annum. Disciplinary action cases and other special cases. 4. and 2. 2. involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities. and. 3. Elaine Masukat (VCEDP). exemplary and other forms of damages. concrete measures to protect the rights of migrant workers. Disciplinary action cases and other special cases which are administrative in character.142 2005 CENTRALIZED BAR OPERATIONS the protection of the receiving country of the rights of overseas Filipino workers: 1. Three Month's Pay Under RA 8042 The date the employment termination occurred is material.

Failure to reimburse expenses incurred in connection with his documentation and processing in cases that deployment did not take place  DIFFERENT FUNDS CREATED UNDER THE LAW: 1. Kareen Faye Pioquinto . WHERE THE PRELIMINARY INVESTIGATION IS CONDUCTED BY A PROSECUTION OFFICER and a prima facie case is established. EDP’S: Jennifer Trinidad. Repatriation fund Loan Guaranty fund Legal Assistance fund Congressional Migrant Workers Scholarship fund  GOVERNMENT AGENCIES MOBILIZED: 1. through conciliation meetings or conferences for the PURPOSE OF ENFORCING CONTRACTUAL OBLIGATIONS concerning migrant workers. provided. Provide a mechanism for the reintegration into the Philippine society b. Art. DOLE 3. That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years.A. Serve as a promotion house for their local employment c. 9. Bill of Rights. R. DFA 2.  PRESCRIPTIVE PERIODS Illegal recruitment cases under this Act shall prescribe in five (5) years.  MANDATORY PERIODS FOR RESOLUTION OF ILLEGAL RECRUITMENT CASES The preliminary investigations of cases under this Act shall be terminated within a period of thirty (30) calendar days from the date of their filing. 2. II. 6657)  CONSTITUTIONAL PROVISIONS: 1. Jasmine Isip. (Sec. 12. III. Sec.  PROHIBITED ACTS IN THE RECRUITMENT AND PLACEMENT OF WORKERS UNDER THE LABOR CODE ARE RETAINED UNDER THE MIGRANT WORKERS ACT WITH THE ADDITION OF THE FOLLOWING: 1. Declaration of Principles and State Policies.San Beda College of Law MEMORY AID of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense. Sec. 2. Art. the Center Coordinator of the Filipinos Resource Center shall make proper representation with the employer/principal and/or agency as the case may be. Elsa Villaflor(Labor Relations). POEA 4. the corresponding information shall be filed in court within 24 hours from the termination of the investigation. 4. RE-PLACEMENT AND MONITORING CENTER It shall: a. 5. For this purpose. Ma.A. Tap their skills and potentials for national development. the officer may enlist the assistance of the OWWA officer. OWWA The Welfare Officer. 9. IF THE PRELIMINARY INVESTIGATION IS CONDUCTED BY A JUDGE and a prima facie case is found to exist. LABOR LAW COMMITTEE  HAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Jr.  SUBJECT HEADS: Aimee Roselle C Sabilala(Labor Standards). or in his absence. 8042) IN 143 LABOR LAW 2. Failure to deploy employee without valid reason COMPREHENSIVE AGRARIAN REFORM LAW (R. the corresponding information shall be filed by the proper prosecution officer within 48 hours from the date of receipt of the records of the case. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. The court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. 3. however. Emil Bien Ongkiko.

reforestation. 2. 4. 11. for mosque sites and Islamic centers appurtenant thereto. 131 and Executive Order No.144 2005 CENTRALIZED BAR OPERATIONS 3. Yolanda Tolentino(VC-Acads). Francis Benedict Réotutar (Labor Law).3. Land Reform Act (R. except those already developed (Sec. for school sites and campuses. 12. 1267). Local Government. 1 . for seeds and seedlings research and pilot production center.Secretariat). Jennifer Ang(VC. 7. All other lands owned by the Government devoted to or suitable for agriculture. Ronald Jalmanzar (Over-all Vice Chair). An Act Creating the Court of Agrarian Relations (R. 2. 4 CARL)  EXCLUDED: Lands actually. 6. Sec. for parks. Charmaine Torres (Taxation Law). 2 (Declaring entire Philippines as land reform area). 3. forest reserves. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. 3. 5. 9.  COVERAGE: General: Regardless of tenurial arrangement and commodity produced. CARL). wildlife. Jackie Lou Bautista (Legal Ethics) . Sec. 13. including experimental farm stations operated by public or private schools for educational purposes.A.A. for watersheds and mangroves 4. Agrarian Reform Special Fund Act (R. GOVERNMENT LANDS include both public lands and other lands of the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Art. Ancestral lands belonging to indigenous cultural communities until their boundaries and extent are duly identified and delineated by the proper governmental agency and segregated as part of the public domain. 6389). 8. and 4. 5.6 and 8 Social Justice and Human Rights. 27 (Decreeing the emancipation of tenants). (Sec. Art. Art. for communal burial grounds and cemeteries. No. 1199).  DEFINITION OF TERMS: PUBLIC DOMAIN refers to lands to which the government has proprietary rights. 10. 3844) 5. all public and private agricultural lands as provided in Proclamation No. XIII.D. National Economy and Patrimony. Sec. Jinky Ann Uy (Remedial Law). Code of Agrarian Reforms (R. Mark David Martinez (Criminal Law). 7. for national defense. for church sites and convents appurtenant thereto. P. Romuald Padilla (Civil Law). Joy Inductivo (VC-Finance). XVIII. for fish sanctuaries and breeding grounds. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).A. Transitory Provisions  OTHER LAWS PERTAINING TO AGRARIAN REFORM: 1. for penal colonies and penal farms actually worked by the inmates.A. 4. 7.A. 2. including other lands of the public domain suitable for agriculture. all lands with eighteen percent (18%) slope and over. All lands of the public domain in excess to the specific limits as determined by Congress. 22. All alienable and disposable lands of the public domain devoted to or suitable for agriculture. Elaine Masukat (VCEDP). P. directly. 6390). 4. 6. Garny Luisa Alegre (Commercial Law). 8. and exclusively used and found to be necessary for the following purposes: 1. 6. No. The Agricultural Land reform Code (R. Specifically: 1. X.A. Sec. Art XII. 229. 10. for government and private research and quarantine centers.D. Agricultural Tenancy Act of 1954 (R. 1400) 3.

and the produce thereof to be divided between the landholder and the tenant.  FAMILY SIZED FARM Under the Agricultural Land Reform Code. 58. RA 3844).  LEASEHOLD vs. PRIVATE AGRICULTURAL LANDS are those devoted to agricultural activities and which are under the effective control and disposition of natural or juridical persons. tolerates the continued cultivation thereof by the agricultural worker. 5. with either or both contributing any one or several of the items of production. L-23785. orchards. LEASEHOLD SYSTEM is characterized by a tenant – farmer personally and actually cultivating the farmholding under a leasehold relationship whereby the lessee pays a fixed amount of rental SHARE TENANCY Tenant has physical possession of another’s land for the purpose of cultivating it giving the owner the share of the property The tenant may CHOOSE TO SHOULDER IN ADDITION TO LABOR. Cooperatives and Taxation (citing People vs.  ESTABLISHMENT OF IMPLIED LEASEHOLD RELATIONSHIP Implied leasehold relationship is established when the landholder: 1. Jr. Adillo. Maria Fe Taal (Special Laws)  EDP: Flora Sherry The tenant or Basquiñez The tenant and the  ASST. fruit farms. 2. work animals. the landholder continues to receive benefits from the cultivation of the land (Sec. providing for the abolition of share tenancy. November 27. aquaculture including saltbeds. COMMERCIAL FARMS are private agricultural lands devoted to commercial livestock.  ESTABLISHMENT RELATIONSHIP OF LEASEHOLD 1. 3844. clothing.  SUBJECT HEADS: Aimee Roselle OF FARM HOLDING FARM HOLDING Sabilala(Labor Standards). Kareen Faye Pioquinto Ma. PRODUCE with mere obligation to pay rental . and prawn ponds. 68 SCRA 90). Emil landholder DIVIDE THE HARVEST IN PROPORTION TO THEIR CONTRIBUTIONS. and/or 3. or 2. EDP’S: Jennifer Trinidad. does not object to the continued cultivation of the land. ANY ONE OR MORE ITEMS OF 145 IN LABOR LAW whether in cash or in kind to the lessor (owner or legal possessor of the land SHARE TENANCY TENANCY vs LEASEHOLD Source: Aralar. vegetables and cut – flower farms. No. and cacao. shelter and education with possible allowance for payment of yearly installments on the LEASEHOLD TENANCY Lessee pays the landowner a fixed rent for the use and cultivation of land such as farm implements. 1975. Reynaldo B. expressly or impliedly. Agrarian Reform. a family – sized farm constitutes an area of farmland that permits efficient use of labor and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm family’s needs for food.San Beda College of Law MEMORY AID government already reserved for or devoted to public use or subject to private rights. fishponds. poultry and swine raising.A. SHARE TENANCY SYSTEM SHARE TENANCY means the relationship which exists whenever two persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and the other his labor. lessee GETS THE WHOLE Bien Ongkiko. p. coffee and rubber plantation. cost of final harrowing and transplanting The tenant and the LABOR LAW COMMITTEE landholder are CO-MANAGERS PRODUCTION The tenant/lessee always SHOULDERS ALL ITEMS OF PRODUCTION EXCEPT LAND The tenant is the SOLE MANAGER OF THE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. Agricultural Land Reform Code. the tenant cultivating the land personally with the aid or labor available from members of his immediate farm household. By AGREEMENT of the parties (between the lessor and lessee) – this may be entered into either orally or in writing. or RA 3844. By OPERATION OF LAW – this is brought about by the implementation of R. Jasmine Isip. GR No. Elsa Villaflor(Labor Relations).

infrastructure. Jackie Lou Bautista (Legal Ethics) .  QUALIFIED BENEFICIARIES: a. 6. 1988) shall retain the same areas as long as they continue to cultivate said homestead (Sec.146 2005 CENTRALIZED BAR OPERATIONS land. which shall be compact or contiguous.  EXCEPTION LIMIT: TO THE RETENTION 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). no person may own or retain. 27 shall be allowed to keep the area originally retained by them thereunder (NOTE: Under PD 27. provided that the filiation of the children who are illegitimate must be lawfully recognized by the landowner or duly established according to law. 22. Garny Luisa Alegre (Commercial Law). THREE (3) HECTARES may be awarded to each child of the landowner. 6. CARL). Original homestead grantees or direct compulsory heirs who still own the original homestead at the time of the approval of CARL (June 15. and soil fertility as determined by the Presidential Agrarian Reform Council (PARC).Secretariat). 6. Mark David Martinez (Criminal Law). Jinky Ann Uy (Remedial Law). • seasonal farm workers.D. and • others directly working on the land. landless residents of the same municipality in the following order of priority: • agricultural lessees and share tenants. landless residents of the same barangay. Francis Benedict Réotutar (Labor Law). and reasonable reserves to absorb yearly fluctuations in income  RETENTION LIMIT: Except as otherwise provided. Ronald Jalmanzar (Over-all Vice Chair). shall pertain. regardless of the number of children the landowner has. Landowners whose lands have been covered by P. subject to the following qualifications: • • that he is at least fifteen (15) years of age. Yolanda Tolentino(VC-Acads). Provided. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). CARL). 1. CARL).  PREFERENTIAL RIGHT OF CHILDREN IN THE DISTRIBUTION OF PRIVATELY-OWNED AGRICULTURAL LAND COVERED BY CARL Children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents (Sec. terrain. CARL). Jennifer Ang(VC. 22. Charmaine Torres (Taxation Law). that actual tenant -tillers in the landholding shall not be ejected or removed therefrom (Sec. directly. CARL) NOTE: RIGHTS OF CHILD OF LANDOWNER UNDER CARL 1. CARL). No. Romuald Padilla (Civil Law). to the landowner (Sec 6. • actual tillers or occupants of public lands. NOTE: The right to choose the area to be retained. and whether they are legitimate or illegitimate. Children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents (Sec. Joy Inductivo (VC-Finance). • regular farm workers. the size of which shall vary according to factors governing a viable family-sized farm. 22. • collective or cooperatives of the above beneficiaries. 2. any public or private agricultural land. landowners covered are entitled to retain seven (7) hectares of his landholding devoted to the production of rice and corn) 2. that he is actually tilling the land or directly managing the farm (Sec. Elaine Masukat (VCEDP). such as commodity produced. but IN NO CASE SHALL THE RETENTION BY THE LANDOWNER EXCEED FIVE (5) HECTARES (Sec. further.CARL). • other farm workers. or in the absence thereof b.

22. he can demand that the award ceiling of 3 hectares shall be completed which may be taken from other available private agricultural lands to be acquired either by voluntary offer to sell. 25. CARL). as the case may be (Sec. Beneficiaries under Presidential Decree No. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. or workers on the land. Actual tenant -tillers in the landholding shall not be ejected or removed therefrom. CARL). at the option of the beneficiaries (Sec. In such case. they may be granted ownership of other lands available for distribution under this Act. CARL). 23. LABOR LAW COMMITTEE  LANDLESS BENEFICIARY: For purposes of this Act. such as co-workers or farmers' cooperative or some other form of collective organization. Ability to cultivate and make land as productive as possible (Sec. Farmers already in place and those not accommodated in the distribution of privately owned lands will be given preferential rights in the distribution of lands from the public domain (Sec. Kareen Faye Pioquinto . b. 27 who have culpably sold. Any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID  QUALIFICATIONS BENEFICIARY: OF A IN 147 LABOR LAW The basic qualifications of a beneficiary shall be a.  RIGHTS GIVEN TO THOSE QUALIFIED BENEFICIARIES WHO WERE NOT ACCOMMODATED DUE TO INSUFFICIENCY OF LANDS TO BE DISTRIBUTED If. 22. CARL). CARL).  CONDITIONS FOR SALE OR CONVEYANCE TO THIRD PERSONS OF LAND RETAINED  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. EDP’S: Jennifer Trinidad.  CIRCUMSTANCES WHEN DISTRIBUTION CEILING MAY BE EXCEEDED The beneficiaries may opt for collective ownership. CARL). Jasmine Isip. CARL). Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization. lessees. 25. 22. As a landless beneficiary. THE TOTAL AREA THAT MAY BE AWARDED SHALL NOT EXCEED THE TOTAL NUMBER OF COWORKERS OR MEMBERS OF THE COOPERATIVE OR COLLECTIVE ORGANIZATION MULTIPLIED BY THE AWARD LIMIT ABOVE PRESCRIBED.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). CARL). there is not enough land to accommodate any or some of them.  DISQUALIFICATIONS a. 22. disposed of. EXCEPT in meritorious cases as determined by the PARC. 25. Emil Bien Ongkiko. a landless beneficiary is one who owns less than three (3) hectares of agricultural land (Sec. voluntary land transfer or compulsory modes under the CARL. Aptitude c.  DISTRIBUTION CEILING: No qualified beneficiary may own more than three (3) hectares of agricultural land (Sec. Ma. b. His willingness b.  RIGHTS GIVEN TO ACTUAL TENANT – TILLERS OR FARMERS IN PLACE IN CASES WHERE THE LAND TILLED BY THEM IS TRANSFERRED TO A QUALIFIED BENEFICIARY a. Jr. Beneficiaries shall be awarded an area not exceeding three (3) hectares. or abandoned their land are disqualified to become beneficiaries under their program (Sec. which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits (Sec. due to landowner's retention rights or to the number of tenants.

PERIOD TO EXERCISE THE OPTION: The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention (Sec. Exempt from taxes. VOLUNTARY OFFER TO SELL by and between the landowner and the government. Elaine Masukat (VCEDP). VOLUNTARY LAND TRANSFER– directly by and between the landowner and the beneficiary. Mark David Martinez (Criminal Law). 4. such sale or disposition shall be null and void. 2. Ronald Jalmanzar (Over-all Vice Chair).148 2005 CENTRALIZED BAR OPERATIONS The sale or disposition of agricultural lands retained by a landowner shall be valid as long as: a. she/he shall have a right to redeem the land in the manner prescribed by law. In case the area selected for retention by the landowner is tenanted.Secretariat). Purchase price agreed upon by said parties but paid by LBP subject to approval of DAR. All 1. the security of tenure of the farmers or farm workers on the land prior to the approval of this Act shall be respected (Sec. Garny Luisa Alegre (Commercial Law). 4. CARL  MODES CARL OF ACQUIRING PRIVATE AGRICULTURAL LANDS UNDER THE 1. Charmaine Torres (Taxation Law). transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC with an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling. IF THE CHOICE IS TO BE A BENEFICIARY: He loses his right as a leaseholder to the land retained by the landowner. Romuald Padilla (Civil Law). d. In all cases. the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. Francis Benedict Réotutar (Labor Law). 70. Yolanda Tolentino(VC-Acads). 2. Jinky Ann Uy (Remedial Law). The tenant’s or lessee’s preferential right to purchase the same should be recognized. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Jackie Lou Bautista (Legal Ethics) . b. the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholdings ceilings provided for in this Act. IF THE CHOICE IS TO REMAIN IN THE RETAINED AREA: He shall be notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP. CARL). Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act.  RIGHTS OF THE SAID TENANT – FARMER UNDER THE CARL WHEN AREA SELECTED FOR RETENTION BY LANDOWNER IS TENANTED considered a leaseholder and shall lose his right to be a beneficiary under this Act. otherwise. Jennifer Ang(VC. CARL). The Register of Deeds shall not register the transfer of any agricultural land without the submission of this sworn statement together with proof of service of a copy thereof to the BARC (Sec. Not exempt from taxes. Purchase price agreed upon by parties and paid by Land Bank of the Philippines (LBP). the sale or disposition of agricultural lands after the effectivity of CARL should conform with the provisions of the said law. Joy Inductivo (VC-Finance). c. Conditions for voluntary land transfer: a. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). In case the land is sold to third persons without her/his knowledge.

Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. p. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries. DAR shall send notice to acquire the land with offer to pay the corresponding value to the owners thereof. In case of rejection or failure to reply. 2003 Edition. CARL). the landowners and the beneficiaries b. the tax declarations. f. Ma. actual use and d.  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim.). the sworn valuation by the owner. Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation (Sec. Barte.  COMPENSATION: In determining just compensation the following shall be considered: (NASAC2) c.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). the DAR shall conduct summary administrative proceedings to determine just compensation. the d. EDP’S: Jennifer Trinidad. 20. c. The DAR shall decide the case within thirty (30) days after it is submitted for decision. 3. Kareen Faye Pioquinto . and post the same in a conspicuous place in the municipal building and barangay shall of the place where the property is located. Jr. Elsa Villaflor(Labor Relations). his administrator or representative shall inform the DAR of his acceptance or rejection of the offer.San Beda College of Law MEMORY AID b. Emil Bien Ongkiko. The terms and conditions of such transfer shall not be less favorable to the transferee than those of the government 's standing offer to purchase from the landowner and to resell to the beneficiaries. the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. e. g. 16. a. the cost of acquisition of the land. the landowner. if such offers have been made and are fully known to both parties. b. in the exercise of police power if landowner fails to avail of the two modes or when parties in the second mode disagrees on the price of the land. value of like c. 131 and 134. its nature. Recaredo P. Identification of the land. the LBP shall pay the landowner the purchase price of the land within thirty (30) days after he executes and delivers a LABOR LAW COMMITTEE current properties. the matter is deemed submitted for decision. by personal delivery or registered mail. CARL). The voluntary agreement shall include sanctions for non-compliance by either party and shall be duly recorded and its implementation monitored by the DAR (Sec. thru DAR. After the expiration of the above period. (Law on Agrarian Reform. In case landowner accepts the offer. Upon receipt by the landowner of the corresponding payment or in case of rejection or no response from the landowner. income. COMPULSORY ACQUISITION – undertaken by government. Jasmine Isip. Within thirty (30) days from the date of receipt of written notice. upon the deposit with an accessible bank designated by the DAR of the compensation in cash or LBP bonds.  PROCEDURE FOR THE ACQUISITION OF PRIVATE LANDS UNDER CARL (INPI-ARPA) a. IN 149 LABOR LAW deed of transfer in favor of the Government and surrenders the Certificate of Title and other muniments of title.

The act that required of the LBP President to sign the Deed of Absolute Sale is not ministerial but involves a high degree of discretion. the courts of justice will still have the right to review with finality the said determination in the exercise of what is admittedly a judicial function (Nicolas vs. refuses to sign. Ronald Jalmanzar (Over-all Vice Chair). Otherwise. Jennifer Ang(VC. A: The petition should be denied. or b. • by f. Q: X Corporation and the DAR signed and entered into a contract of sale covering 2. Inversely. Consequently. as may be agreed upon by the landowner and the DAR and LBP. additional factors. Jackie Lou Bautista (Legal Ethics) .17.  DETERMINATION OF JUST COMPENSATION BY THE DAR FOR LANDS ACQUIRED UNDER THE CARL IS NOT AN USURPATION OF JUDICIAL FUNCTION According to the Supreme Court. the determination of just compensation is a function addressed to the courts of justice and may not be usurped by any other branch of official of the government. in the governmental machinery that fixes and determines the amount compensable to the landowner. Manaay. after review and evaluation. et.Secretariat). A reading of the Section 16 (d) will readily show that it does not suffer from the arbitrariness that rendered the challenged decrees constitutionally objectionable. Discovering that X Corporation acquired the land for only 3 million pesos. The LBP is an essential part of the government sector with regard to payment of compensation to the landowner. if LBP. Yolanda Tolentino(VC-Acads). It is therefore part. 79777).150 2005 CENTRALIZED BAR OPERATIONS e. the LBP President refused to sign the Deed of Absolute Sale. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Jinky Ann Uy (Remedial Law). it is because as a party to the contract it does not give its consent thereto As to the opinion that the decision fixing the compensation is not final if AND  AMOUNT OF JUST COMPENSATION FOR LANDS ACQUIRED UNDER CARL The LBP (Land Bank of Philippines) shall compensate landowner in such amount: the the a. Romuald Padilla (Civil Law). No. Mark David Martinez (Criminal Law). The determination made by the DAR is only preliminary unless accepted by all parties concerned. the assessment made government assessors. Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP). Whether or not the petition maybe granted. G. Garny Luisa Alegre (Commercial Law). Francis Benedict Réotutar (Labor Law). such as: the social and economic benefits contributed by the farmers and the farm workers and by government to the property non-payment of taxes or loans secured from any government financing institution on the said land (Sec. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). al.000 hectares of land. X Corporation filed a petition for mandamus to compel the LBP President to sign the Deed of Absolute Sale. R. the DAR Secretary issued an order directing the LBP to pay X Corporation the contract price amounting to 65 million pesos. as may be finally determined by the court as just compensation for the land. Joy Inductivo (VC-Finance).. CARL) • The determination of the just compensation by the DAR is not by any means final and conclusive upon the landowner or any other interested party who may bring the matter to the court of proper jurisdiction for final determination of just compensation. an indispensable cog.

under the following terms and conditions: a.A. the same opinion applies only to compulsory acquisition of lands. or the government. This is provided that the failure to produce is not attributable to the beneficiary’s fault like drought. or qualified TEN YEARS • other beneficiaries  RATIONALE LIMITATION: FOR 3. al.  LIMITATION: Lands acquired by beneficiaries under this Act may MAY NOT BE SOLD. Foreclosure has the effect of forfeiture of the beneficiary’s landholding in favor of the government and thereafter the DAR shall award such forfeited landholding to other qualified beneficiary. TRANSFERRED OR CONVEYED for a period of TEN YEARS (10). or a reduction of the principal obligation. Lands 24 hectares and below = 35% cash + balance to be paid in government financial instruments negotiable at any time. b. 2. insofar as the excess in 50 hectares is concerned = 25% cash + balance to be paid in government financial instruments negotiable at any time. Jasmine Isip. shall be sufficient ground for the foreclosure of the mortgage. For lands above fifty (50) hectares. physical assets or other qualified investments in accordance with guidelines set by the PARC.). (SHARP International Marketing vs. Payments shall be made to the LBP in 30 annual installments at 6% interest per annum. Annual payments as scheduled by the LBP that exceeds 10% of the annual gross production after the fifth year of amortizations. except : a. LBP preferred shares. TAX CREDITS which 2. 4. Payments for the first 3 years shall be at reduced amounts as may be established by the PARC. 4. failure on the part of the awardee to pay at least 3 aggregate annual amortizations. Kareen Faye Pioquinto . Ma. CARL). et. CA. Jr. SHARES OF STOCK in government-owned or controlled corporations.  MODES/SCHEMES OF PAYMENT  EFFECT OF FAILURE TO PAY BY THE BENEFICIARY All lands awarded under R. typhoon. when sold. or b. time.Payments corresponding to the first 5 annual amortizations may not exceed 5% of the value of the annual gross production as established by the DAR. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST.San Beda College of Law MEMORY AID seasonably questioned in court by any interested party (including LBP) otherwise. can be used against any tax liability.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). 26. LBP bonds IN 151 LABOR LAW PAYMENTS TO THE LANDOWNER 1. Lands above 24 hectares and up to 50 hectares = 30% cash + balance to be paid in government financial instruments negotiable at any PAYMENTS BY THE BENEFICIARY 1. it would become final after 15 days from notice and binding on all parties concerned including LBP which then could refuse to pay compensation thus fixed. may be entitled to a reduction of the interest rate provided in this Act. 6657 are mortgaged with the LBP which has a first lien thereof. conveyed to: • • transferred or c. flood or other natural calamities or fortuitous circumstances Sec. through hereditary succession. fire. Emil Bien Ongkiko. CASH payment. The reason is that after making use of the land deriving maximum benefits and income therefrom for LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. the LBP. Elsa Villaflor(Labor Relations). whichever is deemed beneficial and less burdensome to the beneficiary and affordable. EDP’S: Jennifer Trinidad. 3.

agricultural cooperatives and nongovernmental organizations in the province. CARL). f. or at least his hunger for the soil which he can call his own. And two (2) representatives from farmers and farm workers or beneficiaries. One (1) representative each from existing farmers' organizations. together with the value of improvements he has made on the land (Sec. At least that after 10 continuous years of enjoyment of the government’s bounty. It is the beneficiary’s evidence of ownership over the landholding awarded to him under the CARL which recorded in the office of the Register of Deeds and annotated on the corresponding certificate of title. the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph. Jackie Lou Bautista (Legal Ethics) . The law is silent regarding transfers or alienations of land awarded in favor of qualified beneficiaries or third persons (Sec. One (1) representative each from the Department of Agriculture. must have been satisfied reasonably.152 2005 CENTRALIZED BAR OPERATIONS the period of 10 years. Failing compliance herewith. ADMINISTRATIVE AGENCIES  COMPOSITION OF Provincial Agrarian Reform Coordinating Committee or PARCCOM A Provincial Agrarian Reform Coordinating Committee is hereby created in each province. Mark David Martinez (Criminal Law). d. Joy Inductivo (VC-Finance). the tenant – farmer has no more reason to complain that he has been neglected by the government  SALE/CONVEYANCE TO A QUALIFIED TRANSFEREE OF AN AWARDED LAND NOT YET FULLY PAID If the land has not yet been fully paid by the beneficiary. CARL). as members. the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid. c.Secretariat). to any heir of the beneficiary or to any other beneficiary who.  CERTIFICATE OF LAND OWNERSHIP AWARD It means Certificate of Land Ownership Award (CLOA). the awardee must have already attained his dream of providing proper education for his children. In the event of such transfer to the LBP. the Provincial Agrarian Reform Officer as Executive Officer b. Francis Benedict Réotutar (Labor Law). Charmaine Torres (Taxation Law).  FUNCTIONS OF PARCCOM: 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). with prior approval of the DAR. composed of: a. Garny Luisa Alegre (Commercial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Department of Environment and Natural Resources and from the LBP. Jinky Ann Uy (Remedial Law). who shall be appointed by the President upon the recommendation of the EXCOM. Romuald Padilla (Civil Law). as a condition for such transfer or conveyance. shall cultivate the land himself. the right to the land may be transferred or conveyed. Yolanda Tolentino(VC-Acads). Ronald Jalmanzar (Over-all Vice Chair). Jennifer Ang(VC. 27. Chairman. at least one (1) of whom shall be a farmer or farmworker representing the principal crop of the province. Elaine Masukat (VCEDP).  RIGHT OF REPURCHASE The children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. the latter shall likewise have one (1) representative. Two (2) representatives from landowners at least one (1) of whom shall be a producer representing the principal crop of the province. In areas where there are cultural communities. e. 27.

• g. OF AGRARIAN IN 153 LABOR LAW c. b.  QUASI-JUDICIAL POWERS OF DAR a. Jasmine Isip. Mediate and conciliate between parties involved in an agrarian dispute including matters related to tenurial and financial arrangements. If after the lapse of the thirty-day period. JUDICIAL PROCEEDINGS BY SPECIAL AGRARIAN COURTS IN VARIOUS REGIONAL TRIAL COURTS  PROCEDURE IN CASE BARC FAILS TO SETTLE AGRARIAN DISPUTES SUBMITTED TO IT The BARC shall endeavor to mediate. d. Assist the DAR representative in the preparation of periodic reports on the CARP implementation for submission to the DAR. it is unable to settle the dispute. CARL). the case or dispute may be brought before the PARC (Sec. 47. Provide information on the provisions of the CARP. CARL). 229. Assist qualified beneficiaries in obtaining credit from lending institutions. Elsa Villaflor(Labor Relations).San Beda College of Law MEMORY AID a. except those falling  BARANGAY AGRARIAN COUNCIL (BARC) REFORM In addition to those provided in Executive Order No. Coordinate and monitor the implementation of the CARP in the province. landowners within the barangay. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. ADMINISTRATIVE ADJUDICATION BY DAR 2. Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage. e. EDP’S: Jennifer Trinidad. the BARC shall have the following function: a. guidelines issued by the PARC and on the progress of the CARP in the province. Coordinate the delivery of support services to beneficiaries. Assist in the initial determination of the value of the land. primary jurisdiction to determine and adjudicate agrarian reform matters. ADJUDICATION DISPUTES  MODES OF ADJUDICATION 1. Jr. Kareen Faye Pioquinto . 53. CARL). and Perform such other functions as may be assigned by the DAR (Sec. if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation. b. Ma. exclusive original jurisdiction over all matters involving the implementation of agrarian reform. Recommend to the PARC the following • Market price to be used in the determination of the profit-sharing obligation of agricultural entities in the province. However. conciliate and settle agrarian disputes lodged before it within thirty (30) days from its taking cognizance thereof.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). c. CARL). joint venture agreements and other schemes that will optimize the operating size for agriculture production and also promote both security of tenure and security of income to farmer beneficiaries (Sec. Adoption of the direct payment scheme between the landowner and the farmer and/or farmworkerbeneficiary Continuous processing of applications for lease-back arrangements. f. it shall issue a certification of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days from the expiration of the thirty days period (Sec. Assist in the identification of qualified beneficiaries and b. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 44. • h. 47. Emil Bien Ongkiko.

f. upon application of the beneficiary or the landowner.  EXEMPTION FROM TAXES OF LAND TRANSFERS COVERED BY CARL Transactions under this Act involving a transfer of ownership. adopt a uniform rule of procedure to achieve a just.  MODE OF APPEAL FROM DECISION DAR’s 3. Charmaine Torres (Taxation Law). may authorize the reclassification or conversion of the land and its disposition. to enforce its writs through sheriffs or other duly deputized officers. Mark David Martinez (Criminal Law). take testimony. The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlement is presented (Sec. h. power to summon witnesses. Jinky Ann Uy (Remedial Law). The Rules of Court shall apply to all proceedings before the Special Agrarian Courts unless modified by this Act (Sec. 60. provided. or from any order. otherwise. Yolanda Tolentino(VC-Acads). administer oaths. the decision shall become final (Sec. the DAR. shall be by a petition for review with the Supreme Court within a nonextendible period of fifteen (15) days from receipt of a copy of said decision (Sec. Jackie Lou Bautista (Legal Ethics) . c. e. and the prosecution of all criminal offenses under this Act. Joy Inductivo (VC-Finance). 57. CARL). 60. i. k. CARL). whether from natural or juridical persons. shall be exempted from the following taxes: AND An appeal from the decision of the Court of Appeals. Elaine Masukat (VCEDP). or the locality has become urbanized and the land will have greater economic value for residential. and subpoena duces tecum. 2. as the case may be. punish direct and indirect contempt in the same manner and subject to the same penalties as provided in the Rules of Court (Sec. expeditious and inexpensive determination of every action or proceeding before it.  INSTANCES WHEN COVERED LAND MAY BE CONVERTED AFTER THE AWARD After the lapse of five (5) years from its award: 1. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). issue subpoena. compel the production of books and documents and answers to interrogatories. commercial or industrial purposes. CARL).154 2005 CENTRALIZED BAR OPERATIONS under the exclusive jurisdiction of the Department of Agricultural (DA) and the Department of Environment and Natural Resources (DENR). 50.Secretariat). Ronald Jalmanzar (Over-all Vice Chair). when the land ceases to be economically feasible and sound for agricultural purposes. Romuald Padilla (Civil Law). g. ruling or decision of DAR. and subject to existing laws. d. 65. Jennifer Ang(VC. Garny Luisa Alegre (Commercial Law). CARL). Francis Benedict Réotutar (Labor Law). j. 53. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson).  JURISDICTION OF AGRARIAN COURTS THE SPECIAL The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners.  DARs ASSUMPTION JURISDICTION OVER CASES CERTIFIED BY BARC: OF NOT No. require submission of reports. the beneficiary shall have fully paid his obligation (Sec. CARL). CARL). with due notice to the affected parties.  MODE OF APPEAL FROM DECISION OF THE SPECIAL AGRARIAN COURTS An appeal may be taken from the decision of the Special Agrarian Courts by filing a petition for review with the Court of Appeals fifteen (15) days from receipt of notice of the decision.

66. c. shall be deductible from the compensation to which the owner may be entitled (Sec. The conversion by any landowner of his agricultural land into non-agricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers or the land tilled by them. The sale. Emil Bien Ongkiko. except: • or of in of IN 155 LABOR LAW permitted.  PROHIBITED ACTS AND OMISSIONS UNDER THE CARL The following are prohibited: a.( As added by R.San Beda College of Law MEMORY AID a. conveyance change of the nature of lands outside urban centers and city limits either whole or in part after the effectivity this Act. transfer or conveyance is made necessary as a result of a bank's foreclosure of the mortgaged land is hereby f. Jasmine Isip. transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary. without penalty or interest. of agricultural lands in excess of the total retention limits or award ceilings by any person. Elsa Villaflor(Labor Relations). b. all arrearages in real property taxes. Maria Fe Taal (Special Laws)  EDP: Flora Sherry Basquiñez  ASST. A. The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program. LABOR LAW COMMITTEE  CHAIRPERSON: Francis Benedict Réotutar  ASSISTANT CHAIRPERSON: Juanito Lim. 7881) The sale and/or transfer of agricultural land in cases where such sale. for the purpose of circumventing the provisions of this Act. b. The willful prevention or obstruction by any person. The sale. e. 73. association or entity of the implementation of the CARP. all other taxes and fees for the conveyance or transfer thereof Provided. The ownership or possession. capital gains tax. natural or juridical. except those under collective ownership by farmerbeneficiaries. CARL). CARL). registration fees. Ma. Jr. EDP’S: Jennifer Trinidad. in order to circumvent the provisions of this Act (Sec. d. transfer.  SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards). Kareen Faye Pioquinto . c.

Jackie Lou Bautista (Legal Ethics) . Charmaine Torres (Taxation Law). Yolanda Tolentino(VC-Acads). Romuald Padilla (Civil Law). Mark David Martinez (Criminal Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law).Secretariat).156 2005 CENTRALIZED BAR OPERATIONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). Ronald Jalmanzar (Over-all Vice Chair). Jennifer Ang(VC. Joy Inductivo (VC-Finance). Jinky Ann Uy (Remedial Law). Elaine Masukat (VCEDP). Garny Luisa Alegre (Commercial Law). Francis Benedict Réotutar (Labor Law).