Professional Documents
Culture Documents
Established
CBA Laws
company practice
of employees
School may adopt its own
standards
As long as the standards fixed are
reasonable and not arbitrary, courts
are not at liberty to set them aside.
Schools cannot be required to adopt
standards which barely satisfy criteria
set for government recognition.
(Mercado, et al. v. AMA Computer College-
Parañaque City, Inc., G.R. No. 183572, April 13,
2010, 618 SCRA 218, 233).
Right to hire is a management
prerogative
(Galang & Chan vs Boie Takeda, July 20, 2016)
- Ramon Magsaysay
Sources of Labor Law
Primary (Authoritative);
or
Auxiliary (Persuasive).
The primary sources of the laws
The Constitution
International conventions/treaties
Legislation passed by congress
Decisions of the Supreme Court;
Implementing rules and regulations;
Decisions of the quasi-judicial bodies
Auxilliary Sources
Physical or
What is mental exertion
Labour?
Necessary to
Produce goods/
deliver services
Broader concept: Labor may include
the labor force who are employed or
those who are willing work but are
temporarily unemployed.
LABOR LAW
Employer
Terms,
Set out Must
Conditions &
the minimum Provide or
benefits
Comply with
Philhealth
Pag-ibig
New law on labor standards
1.Right to organize;
Article XIII 2.Right to CB & Nego;
Section 3 3.Peaceful concerted
1987 Consti- activities, strike;
tion
4.Security of tenure;
5.Humane condition
of work; 6.living wage;
7.participate in
Decision making; &
8. Just share in the fruits
[
Sec 8 Article III of the
Consitution
The right of the people,
including those employed in
the public and private sectors,
to form unions, associations,
or societies for purposes not
contrary to law shall not be
abridged.
Right to self-organization
Assist or
Standard of Treatment
Board, Lodging and Medical
Attendance
Guarantee of Privacy
Access to Outside Communication
Right to Education and Training
Prohibition Against Privileged
Information
Standard treatment
resident paramedical
physicians technicians
nurses psychologists
nutritionists midwives
dietitians attendants and
pharmacists all other hospital
social workers or clinic
lab technicians personnel.
Exception:
Managerial.
Supervisory.
Rank-and-file
Managerial employees
Commission Proper
1. Cases decided by the Labor Arbiter;
2. Cases decided by the Regional Directors or hearing
officers on small money claims;
3. Cases of national interest certified to by the Secretary of
Labor;
4. Petitions for injunctions or temporary restraining order
under Article 218 (e) of the Labor Code, as amended; and
5. Petition to annul or modify the order or resolution
(including those issued during execution proceedings) of the
Labor Arbiter.
Jurisdiction of Voluntary Arbitrators or
Panel of Voluntary Arbitrators (Art. 261-
262, Labor Code)
Concurrent Jurisdiction
Any other labor dispute upon agreement of the party may be
submitted to a voluntary arbitrator or panel of voluntary arbitrators.
Before or at any stage of the compulsory arbitration process, the
parties may opt to submit to their dispute to voluntary arbitration.
To hold hearings;
To receive evidence;
To take whatever action is necessary to resolve the
issue/s subject of the dispute;
To conciliate or mediate to aid the parties in
reaching a voluntary settlement of the dispute;
To issue a writ of execution to enforce final
decisions, orders, resolutions or awards.
Labor Arbiter on Termination
The labor arbiter, the appellate court, and the NLRC differed in their rulings
on the matter of jurisdiction. The labor arbiter and the appellate court
agreed with Ayson and the union’s position. The labor arbiter assumed
jurisdiction and emphasized that when the union met with Landtex on 8 July
1996, Ayson was no longer an employee becauseLandtex terminated him
effective 30 June 1996. The manifestation of the union’s desire to “refer the
matter to a third party in accordance with law and the CBA” does not deviate
from the fact that Ayson was already dismissed. On the other hand, the
NLRC sustained Landtex and William Go’s position. The NLRC asserted that
the determination of whether Ayson’s dismissal constitutes a “disciplinary
action” within the scope of the CBA calls for an interpretation of the
CBA. When the union called for a meeting withLandtex, the union effectively
initiated the grievance procedure. Thus, Ayson’s case should have been
subjected to voluntary arbitration.
The SC agreed with Ayson and the union and affirm the rulings of the labor
arbiter and the appellate court. (Landtex vs Ayson and FFW, August 9, 2007)
Termination disputes fall under the
jurisdiction of the labor arbiter
Resignation of an employee to be a
viable defense in an action for illegal
dismissal, an employer must prove
that the resignation was voluntary,
and its evidence thereon
must be clear, positive and convincing.
The employer cannot rely on the
weakness of the employees evidence.
(Grande vs PNTC, March 1, 2017)
Retirement
An affiliate of a Federation
Consent election
Run-off election
Re-run election
A union may represent
two bargainin units
UP All Workers Union represents the
academic and non-academic
bargaining units of University of the
Philippines. (Holy Child Catholic School
vs Sec Patricia Sto Tomas and Holy
Child Catholic School Teachers and
Employees Union, July 23, 2013)
Both academic and non-
academic in one union
The All U.P. Workers Union was not directed to
divest itself of its academic personnel members and
in fact, we take administrative notice that the All
U.P. Workers Union continue to exist with a
combined membership of U.P. academic and non-
academic personnel although separate bargaining
agreements is sought for the two bargaining units.
(Holy Child Catholic School vs Sec Patricia Sto
Tomas and Holy Child Catholic School Teachers and
Employees Union, July 23, 2013).
Two (2) bargaining units
and one union
While the Supreme Court ordered a
separate bargaining unit for the U.P.
academic personnel, the Court,
however, did not order them to
organize a separate labor organization
among themselves.
Legitimate union: academic and
non-academic personnel
Collective Bargaining
Deadlock
Unfair labor practice
– e.g. Union-busting
Legal Procedure on Strike
Notice of Strike
Cooling off period
– 30 days for CB deadlock
– 15 days for ULP
– O day for union busting
Strike vote (majority of all union members
Submission of vote results
– 7 days before the day of intended strike
Peaceful concerted
activity
Ifthere is NO If there is NO
obstruction of
–Illegal acts
–ingress,
–Coercion
–egress or
force
– public
–Intimidation thoroughfare
– or threat
Exercise of Police Power
San Agustin case
Appeals, G.R. No. 164060, 15 June 2007, 524 SCRA 709, 716.
Rules on Prescription
(Eleanor Roosevelt)
Thank you
God Bless!