Académique Documents
Professionnel Documents
Culture Documents
MEMORY AID
1. defect which is congenital or
acquired during minority
2. legitimate spouse living with the
employee
3. the parents of said employee wholly
dependent upon him for regular
support
BENEFITS
1. for life to the primary beneficiaries,
guaranteed for five years
2. for not more than 60 months to the
secondary beneficiaries in case there
are not primary beneficiaries
3. in no case shall the total benefit be
less than P15,000.00
BENEFICIARIES
PRIMARY BENEFICIARIES
A. dependent
spouse
until
he
remarries
B. dependent children (legitimate,
legitimated, natural born or legally
adopted)
MEDICARE
(Repealed by National Health Insurance
Act of 1995)
(See annex for PHILHEALTH)
PAG-IBIG Law- creates a provident
savings system for employees, public and
private, with housing as the primary
investment.
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
LABOR LAW
SECONDARY BENEFICIARIES
A.
illegitimate children and legitimate
descendants
B.
parents,
grandparents,
grandchildren
TITLE III
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
1. Self-organization,
2. Collective
bargaining
and
negotiations,
3. Peaceful and concerted activities
including the right to strike in
accordance with law, and
4. Participate
in
policy
and
decision-making
processes
affecting
their
rights
and
benefits as may be provided by
law.
ART. 212. DEFINITIONS
EMPLOYER- one who employs the
services of others; one for whom
employees work and who pays their
wages or salaries.
any person acting in the interest of an
employer, directly or indirectly. The
term does not include a labor
organization or any of its officers and
agents, EXCEPT when acting as an
employer.
EMPLOYEE- one who works for an
employer; a person working for salary or
wages.
Shall not be limited to the
employees of a particular
employer, 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. Substantially equivalent
and
2. Regular employment
(Art.212f)
ICAWO vs. CIR (16 SCRA 562): The
category of any employee is so broad
as to justify employee status for
supervisors, regular workers, casual
employees,
emergency
laborers,
substitute workers, seasonal workers,
part-time workers and other special
work groups.
APEX MINING CO., vs. NLRC (196 SCRA
251): Laundrywoman not actually
serving the family of the employer but
working in the staff houses or within the
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
The test
of whether a labor controversy comes
within the definition of a labor dispute
depends on whether it involves or
concerns
terms,
conditions
of
employment, or representation.
TYPES OF LABOR DISPUTES:
1. Labor Standards Disputes
a. Compensation
[e.g.,
underpayment
of
minimum
wage; stringent output quota;
illegal pay deductions]
b. Benefits
[ e.g., nonpayment of
holiday pay, overtime pay or other
benefits]
Working conditions [e.g., unrectified
work hazards]
c.
d.
any
c.
b.
e.
IN
LABOR LAW
coercion,
restraint
or
interference
in
unionization
efforts; reprisal or discrimination
due to union activities; company
unionism]
Representation disputes [e.g.,
determination of the collective
bargaining unit; ULP strike;
uncertainty as to determination
of the sole and exclusive
bargaining
agent
of
the
employees in an appropriate
bargaining unit which is the
majority union]
Bargaining disputes [e.g., refusal
to bargain (ULP); bargaining
deadlock; economic strike or
lockout]
Contract
administration
or
personnel policy disputes [e.g.,
noncompliance
with
CBA
provisions
(ULP
if
gross
noncompliance with economic
provisions);
disregard
of
grievance machinery; violation
no strike/no lockout agreement]
Employment tenure disputes
[e.g., non regularization of
employees; illegal termination;
non-issuance of employment
contract]
PARTIES TO A DISPUTE:
1. PRIMARY PARTIES employer,
employees, union
2. SECONDARY PARTIES voluntary
arbitrator, agencies of DOLE (BLR,
VAC), NLRC, Sec. of Labor, Office of
the President
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL
RELATIONS COMMISSION
LABOR
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
EN BANC
1.
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.
2.
DIVISION
1.
Exercises
adjudicatory
or
appellate power over decisions
of Labor Arbiters and Regional
Directors of the DOLE over
monetary claims not over
P5,000.00 and all other powers,
functions and duties through its
divisions.
QUALIFICATIONS OF EXECUTIVE
LABOR ARBITERS/LABOR ARBITERS:
1. must be members of the
Philippine Bar;
2. must have been engaged in the
practice of law in the Philippines
for at least 7 years; and
3. must
have
experience
or
exposure in handling labor
management relations for at
least 3 years.
TRIPARTISM
Three
(3)
sectors
are
represented in the composition
of the NLRC.
LABOR LAW
IN
A.
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF THE NLRC:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
LABOR LAW
CHAPTER II
POWERS AND DUTIES
ART. 217. 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, within
30 calendar days after the submission of
the case by the parties for decision
without extension, even in the absence
of stenographic notes, the following
cases involving all workers, whether
agricultural or non-agricultural:
1. ULP cases;
2. TERMINATION disputes;
3. If accompanied WITH A
CLAIM FOR REINSTATEMENT,
those cases that workers may
file involving wages, rates of
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
LABOR LAW
a.
Disputes
on
the
interpretation or implementation of
CBA and
b. those
arising
from
the
interpretation or enforcement of
company personnel policies.
7. MONETARY
CLAIMS
OF
OVERSEAS CONTRACT WORKERS
under the Migrant Workers Act of
1995; and
8. Claims of employees against
GOCCs if the latter does not
have an original charter and has
been incorporated under the
Corporation Code.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
jurisdiction
is
POWERS OF THE
IN
LABOR LAW
threatened
or
committed
charged with the duty to protect
the complainants property.
c. RECEPTION AT THE HEARING OF
THE TESTIMONIES OF WITNESSES
with
opportunity
for
crossexamination, in support of the
allegations of the complaint made
under oath as well as testimony in
opposition thereto
d. FINDING OF FACT of the Commission
to the effect that :
prohibited or unlawful acts
have been threatened and will
be committed, or have been
committed
and
will
be
continued unless restrained,
but no injunction or temporary
restraining order shall be
issued on account of any
threat, prohibited or unlawful
act,
except
against
the
persons,
association
or
organization making the threat
or committing the prohibited
or unlawful act or actually
authorizing or ratifying the
same after actual knowledge
thereof.
That
substantial
and
irreparable injury to the
complainants property will
follow
That as to each item of
relief to be granted, 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
complainants property are
unable or unwilling to furnish
adequate protection.
e. Posting of a BOND
IRREPARABLE INJURY: An injury
which
cannot
be
adequately
compensated in damages due to the
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
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.
THE FOLLOWING CAN ISSUE
INJUNCTIONS/ TRO IN LABOR DISPUTES:
1. President (ART. 263, g)
2. Secretary of Labor (ART. 263, g)
3. NLRC (218)
4. Labor Arbiters (ART. 217/RULE XI
Sec. 1 of IR&R)
5. Regional Directors
6. Med- Arbiters
ART. 219. OCULAR INSPECTION
The Chairman, any Commissioner,
labor Arbiter or their duly authorized
representatives may, at anytime during
working hours:
a. Conduct an ocular inspection on
any establishment, building,
ship,
place
or
premises,
including any work, material,
implement,
machinery,
appliance or any object therein;
and
b. Ask any employee, laborer, 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. 221. 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. (Principe vs.
Philippine-Singapore Transport Services
Inc.)
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
LABOR LAW
ATTORNEYS FEES:
1. Art. 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.
To demand more than this is
unlawful.
2. Art. 222
a.
IN
c.
PURPOSE: to
fix the limit on the
amount
of
attorneys
fees.
The
victorious
party may recover
in
any
ART. 222
Prohibits
the
payment
of
attorneys 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
to
individually
contribute
their
respective shares in
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
10
MEMORY AID
administrative
judicial
proceeding.
or
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1.
WITHIN
WHICH
TO
PERIOD
EXTENDIBLE
TO
APPEALNOT
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
11
MEMORY AID
IN
LABOR LAW
ART 224.
EXECUTION
DECISIONS, ORDER, OR AWARDS
OF
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
12
MEMORY AID
TITLE III
BUREAU OF LABOR RELATIONS
ART. 226.
RELATIONS
BUREAU
OF
LABOR
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.
IN
LABOR LAW
EXCLUSIVE
AND
JURISDICTION OF THE BLR
ORIGINAL
2.
3.
all DISPUTES, GRIEVANCES OR
PROBLEMS ARISING FROM OR
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
unions 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;
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
13
MEMORY AID
IN
LABOR LAW
1. cancellation of registration
of unions and workers
associations; and
2. a petition for interpleader
SPECIAL REQUIREMENTS AS TO THE
FILING OF CASES:
A. INVOLVING ENTIRE MEMBERSHIP
1.The complaint must be signed by
at least 30% of the entire
membership of the union and
2.It must also show exhaustion of
administrative remedies.
B. INVOLVING A MEMBER ONLY - In such
case only the affected member may
file the complaint.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
14
MEMORY AID
PERIOD
TO WHOM
APPEALABLE
memorandum of appeal
3. Based on either of
the following grounds:
a. Grave abuse of
discretion
b. Gross violation
of the Rules
4. With supporting
arguments and evidence
Within 10 days from
receipt of decision
1. Bureau of Labor
Relationsif the case
originated from the Med
Arbiter/Regional
Director
2. Sec. Of Laborif the
case originated from the
Bureau
WHERE FILED
WHO
WHERE
FILED
FORMAL
REQUIREMENTS
IN
LABOR LAW
DETERMINATION OF
EMPLOYEE RELATIONSHIP:
EMPLOYER-
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
15
MEMORY AID
IN
LABOR LAW
REQUIREMENTS
QUITCLAIM:
OF
VALID
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
16
MEMORY AID
IN
LABOR LAW
ON
to
until
minimize
union
the proper time
ART
233.
COMMUNICATION
PRIVILEGED
PRIVILEGED
COMMUNICATION:
Any
statement of such privacy that the law
exempts the person receiving the
information from the duty to disclose it.
Information and statements made at
conciliation proceedings shall be treated
as privileged communication and shall
not be used as evidence in the
Commission.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
17
MEMORY AID
IN
LABOR LAW
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND CANCELLATION
approximate
number
of
employees in the bargaining
unit where it seeks to
operate, with a statement
that it is not reported as a
chartered local of any
federation or national union;
the
minutes
of
the
organizational
meeting(s)
and the list of employees
who participated in the said
meeting(s);
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
18
MEMORY AID
file
application
for
LABOR LAW
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
19
MEMORY AID
REQUIREMENTS
BEFORE
FEDERATION
CAN
BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
20
MEMORY AID
INDEPENDENTLY
a.HOW
TO -by signing a contract
Obtained
affiliation
A
duly
AFFILIATE
by union
registered
organizers
federation/na
in
an
tional union
enterprise
issues
a
through
charter to a
their own
union in an
action
enterprise
and registers
the
charter
with
the
regional
office or the
BIR.
UNREGISTERED
of
Independent
union
b. EFFECT OF
DISAFFILIATION
With legal
TO THE
UNION
personalit
[local]
y of its
own
Applicatio
n
for
registratio
n is filed
with and
will
be
acted
upon by
c. EFFECT
OF
the DOLE
DISAFFILIATION
regional
TO THE
CBA
office
where the
applicant
s principal
office is
located.
LABOR LAW
REGISTERED
CHARTERING
INDEPENDENT
REGISTRATION
IN
Chapter/local
labor
legitimate
No
legal organization
and
therefore
it
would
personality of
continue
to
have
legal
its own and
as to possess all
personality
as it
hasprivileges of a
thelong
rights
and
not
availed
legitimate
labor organization.
itself
of
independent
registration.
Charter
certificate is
issued by a
federation or
national
union is filed
with
the
regional
- office
an existing
or BLR CBA would
continue to be valid as the
with 30 days
labor
organization
can
after
the
continue
administering
the
of
CBAissuance
the
charter
certificate.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
21
MEMORY AID
IN
LABOR LAW
- union
dues
may
no collective
longer
legitimate
purpose
other
than
d. ENTITLEMENT -labor organization is entitled
the be collected as there would
WHEN
TO DISAFFILIATE
TO
UNION
DUES to the union dues and notbargaining.
federation from which the no longer any labor union that
AFTER
allowed
such
GENERAL RULE: A labor
labor union may organization
ART.is236.
DENIALto
OF collect
REGISTRATION;
DISAFFILIATION
disaffiliated.
union
dues
from
the
disaffiliate from the mother union to
APPEALemployees.
form an independent union only during
Note: Follow the principle of
the
60-day
freedom
period
- Decisions
the BLR federation
denying the
agency of between
immediately preceding the expiration of
registration
of a labor organization is
and local.
the CBA.
appealable
to the Secretary
Principal
employeesof Labor
within 10
calendar
days from receipt of
Agent
local/chapter
EXCEPTION:
DISAFFILIATION
BY
the decision,
on agent
grounds
of:
Agent of
federation
MAJORITY
a. grave abuse of discretion; or
This happens when there is a
b. gross incompetence
- even before the onset of the
substantial shift in allegiance on
freedom period, disaffiliation may
the part of the majority of the
still be carried out, but such
members of the union. In such
disaffiliation must be effected by a
a case, however, the CBA
majority of the union members in
continues to bind the members
the bargaining unit.
of the new or disaffiliated and
independent union up to the
decision of the regional office or the
CBAs expiration date.
bureau denying the application for
LIMITATION: disaffiliation should be in
registration shall be:
accordance
with
the
rules
and
1. in writing
procedures stated in the Constitution
2. stating in clear terms the reason for
and by-laws of the federation.
the decision
3. applicant union must be furnished a
copy of said decision
A prohibition to disaffiliate in
ART. 238. CANCELLATION OF
the Federations constitution or
REGISTRATION; APPEAL
by-laws is validintended for its
own protection.
The certificate of registration of
any legitimate labor organization shall
REVOCATION OF CHARTER BY THE
be cancelled by the BLR if it has reason
FEDERATION
by
serving
the
to believe, after due hearing, that the
local/chapter a verified notice of
said labor organization no longer meets
revocation, copy furnished the Bureau on
one or more of the requirements
the ground of disloyalty or such other
prescribed by law.
grounds as may be specified in its
constitution or by-laws.
GROUNDS FOR CANCELLATION:
1. Failure to comply with any of the
requirements prescribed under
Arts. 234
(requirements for
The revocation shall divest the
registration of a labor union) &
local chapter of its legal
237 (addl. reqts. federation
personality upon receipt of the
registration) of the Code.
notice by the Bureau, unless in
the meantime the local chapter
2. Violation of any of the provisions
has
acquired
independent
of Art. 239 (grounds for
registration. (Rule VIII Section 5
cancellation
of
union
of the IRR)
registration) of the Code
WORKERS ASSOCIATION: Association of
3. Commission of any of the acts
workers for the mutual aid and
enumerated under Art. 241
protection of its members or for any
(rights
and
conditions
of
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
22
MEMORY AID
A pronouncement as to
the illegality of the
strike is not within the
meaning of Art. 239 of
the Code which provides
for the grounds for
cancellation of union
registration.
MODES OF APPEAL
DENIAL or CANCELLATION BY:
A. Regional Office
transmit records within 24
hours from receipt of Memo of
Appeal
BUREAU decides within 20
days from receipt of records
SUPREME COURT- Rule 65
B. Bureau
transmit records within 24
hours from receipt of memo
of appeal
SEC. OF DOLE decides within
20 days from receipt of
records
SUPREME COURT- Rule 65
*Appeal by memo of appeal
within 10 days from receipt of
notice.
GROUNDS:
1. Grave abuse of discretion
2. Violation of rules as
amended.
IN
LABOR LAW
EFFECT OF CANCELLATION OF
REGISTRATION IN THE COURSE OF
PROCEEDINGS
- 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, such
union may continue as a party without
need of substitution of parties, 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. [Principle of Agency applied
the employees are the principals, and
the labor organization is merely an agent
of the former, consequently, the
cancellation of the unions registration,
would not deprive the consenting
member-employees of their right to
continue the case as they are the
considered as the principals]
ART
239.
GROUNDS
FOR
CANCELLATION
OF
UNION
REGISTRATION
GROUNDS FOR CANCELLATION OF
UNION REGISTRATION:
A. FRAUDULENT ACTS
1. Misrepresentation, False statement
or Fraud in connection with
[RATIFICATION
OF
CONSTI/BYLAWS]:
a. the
ADOPTION
OR
RATIFICATION
of
the
constitution and by-laws or
amendments thereto,
b. the MINUTES of ratification,
and
c. the LIST OF MEMBERS who took
part in the ratification.
2. Misrepresentation, false statement
or fraud in connection with the
[ELECTION PAPERS]:
a.
ELECTION of officers,
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
23
MEMORY AID
b.
IN
LABOR LAW
WHERE TO FILE
Regional Director who has
jurisdiction over the place
where respondent principally
operates (30 days to decide).
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
B. FOR:
1. Federations
San Beda College
2. National or Industry unions
3. Trade union centers
WHERE TO FILE
Bureau Director ( 30 days to
decide)
of Law
RULES
ON
ADMINISTRATIVE
CANCELLATION OF CERTIFICATE OF
REGISTRATION OF LLOs DUE TO NONCOMPLIANCE WITH THE REPORTORIAL
REQUIREMENTS:
WHEN
PROPER
WHO MAY
FILE THE
PETITION
THREENOTICE
REQUIRE
MENT
24
MEMORY AID
IN
LABOR LAW
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS
OF
MEMBERSHIP
IN
A
LABOR
ORGANIZATION
GENERAL GROUPINGS OF THE RIGHTS
OF THE UNION MEMBERS:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
25
MEMORY AID
LABOR LAW
IN
The
secretary
of
the
organization shall record the
minutes
of
the
meeting
including:
a.
the list of all members present,
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
26
MEMORY AID
b.
the votes cast, and
c.
the purpose of the assessment or
fees
TO
should
specifically
a. amount
b. purpose and the beneficiary
of the deduction.
Jurisdiction over check-off disputes is
with the Regional Director of the DOLE,
not the Labor Arbiter
IN
LABOR LAW
- non-members of the
bargaining
agent
(union)
for
the
enjoyment of the
benefits under the
CBA.
- May be deducted
from the salary of
employees
without
their consent.
CHECK-OFF
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
27
MEMORY AID
a. HOW APPROVED
-by written resolution
approved by majority
of all the members at
a meeting duly called
for that purpose
b.
EXCEPTION TO
SUCH REQUIREMENT
-no exceptionwritten
resolution
is
mandatory
at
all
instances.
(Union Dues)
-by
obtaining
the
individual
written
authorization
duly
signed
by
the
employee which must
specify:
a. amount
b. purpose and
c. beneficiary
of
the deduction.
(Agency Fees)
-not necessary if:
1.
For
mandatory
activities
provided
under the Code; and
2. When non-members
of the union avail of
the benefits of the
CBA.
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.
CHAPTER III
RIGHTS OF LEGITIMATE LABOR
ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE
LABOR ORGANIZATIONS
RIGHTS OF A LEGITIMATE
ORGANIZATION [USERFOE]:
LABOR
IN
LABOR LAW
PERSONS/EMPLOYEES ELIGIBLE TO
JOIN A LABOR ORGANIZATION FOR
PURPOSES
OF
COLLECTIVE
BARGAINING:
1. All persons employed in commercial,
industrial and agricultural (CIA)
enterprises, and
2. In religious, charitable, 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. Ambulant,
2. Intermittent,
3. Rural,
4. Self-employed people
5. Itinerant workers and
6. Workers without any definite
employers,
PERSONS/EMPLOYEES WHO ARE NOT
GRANTED THE RIGHT TO SELFORGANIZATION: (HEMACEN)
1. High-level government employees
(E.O. 180 Sec. 3) (MANAGERIAL
GOVERNMENT EMPLOYEES)
TITLE V
COVERAGE
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
28
MEMORY AID
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS WITH
AN ORIGINAL
CHARTER
a. LAW
- Employees cannot stage
strikes since they are
governed by the Civil
Service Law. They are
enjoined by Civil Service
Memorandum
Circular
No. 6, under pain of
administrative sanctions
from
staging
strikes,
demonstrations,
mass
leaves, walkouts and
other
concerted
activities.
b. BARGAINING RIGHTS
- Corporations with
original charters
cannot bargain with
the government
concerning the terms
and conditions of
their employment.
However, they can
negotiate with the
government on those
terms and conditions
of employment which
are not fixed by law.
Thus, they have
limited bargaining
rights.
c.PURPOSE OF
ORGANIZATION
- Can only form, join or
assist labor organization
for purposes not contrary
to law.
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
ORIGINAL
CHARTER
- The GOCC is
created under
Corporation Code,
then employees are
covered by the Labor
Code.
Therefore
the employees have
the same rights as
those as employees
of private
corporations, one of
which is the right to
strike.
- The GOCC is
created under
Corporation Code,
being governed by the
Labor Code, they can
bargain with the
government
concerning the terms
and
conditions of
their employment.
Thus, they have
unlimited bargaining
rights.
2.
Employees
of
international
organizations with immunities (ICMC vs.
Calleja)
3.
4.
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)
IN
LABOR LAW
5.
Confidential
(Metrolab vs. Confesor)
employees
6.
7.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
29
MEMORY AID
7.
a. appointments
b. promotion
c. assignments/details
d. reclassification/upgrading of
position
e. revision of compensation
structure
f. penalties imposed as a result
of
disciplinary actions
g. selection of personnel to
attend seminar, trainings,
study grants
h. distribution of work load
i.
external
communication
linkages
Government
employees
and
employees of government-owned
and controlled corporations with
original charters may bargain,
however, such bargaining power
is limited.
NOTE:
IN
LABOR LAW
c. PURPOSE OF
DEFINITION
- to determine w/n
certain employees are
covered by Book III of
supervisory
employees [who
may/may not be
eligible to join a
labor union with
the rank and file
employees]
- to determine an
employees
eligibility
in
joining/forming a
labor union.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
30
MEMORY AID
the LC on Conditions of
Employment.
IN
LABOR LAW
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. It cannot petition for a
certification election, much less ask to
be recognized as the bargaining
representative of employees.
CONFIDENTIAL EMPLOYEES - by the
very nature of their functions, they
assist and act in a confidential capacity
to, or, have access to confidential
matters of persons who exercise
managerial functions in the field of
labor relations. Therefore, the rationale
behind the ineligibility of managerial
employees to form, assist or join a labor
union equally applies to them. (Philips
Industrial Devt Inc. Vs. NLRC)
- they are entrusted with confidence on
delicate matters, or with the custody,
handling, or care and protection of the
employers property. Under the doctrine
of necessary implication, confidential
employees are similarly disqualified
under Article 245. (Republic Planters
Bank vs. Torres)
NOTE: The phrase in the field of labor
relations is important. It stresses labor
nexus, i.e., confidentiality of the
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
31
MEMORY AID
restrain,
coerce,
discriminate against, or
unduly interfere
TITLE VI
IN
LABOR LAW
NATURE
PRACTICES:
OF
UNFAIR
LABOR
OF
UNFAIR
LABOR
1.
employer-employee relationship
between the offender and the
offended
2. act done is expressly defined in
the Code as an act of unfair
labor practice
3. 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, except Art.
248 (f) dismissing or prejudicing an
employee for giving testimony under the
Code.
ULP has a technical meaning.
It is a practice unfair to labor,
although the offender may either
be an employer or a labor
organization
It refers to acts opposed to
workers'
right
to
organize.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
32
MEMORY AID
OF
UNFAIR
LABOR
CRIMINAL CASE
A. PERSONS LIABLE
1. Officers and 1. Agents and officers
agents
of who
participated
or
employer or
authorized or ratified
2. Labor
the act.
organization,
2. Agents,
officers
and representatives, members
agents
of the government board,
including
ordinary
members
B. JURISDICTION
-Labor Arbiters of -MTC/RTC as the case
the NLRC
may be.
C. QUANTUM OF PROOF NEEDED
-substantial
-beyond reasonable doubt
evidence
[subject to prosecution
and punishment]
D. PRESCRIPTIVE PERIOD
- one year from - one year from the
the accrual of the accrual of the ULP act,
ULP act.
however
it
will
be
suspended
once
the
administrative case has
been filed and would only
continue running once the
administrative case has
attained finality.
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.
CHAPTER II
UNFAIR LABOR PRACTICES
IN
LABOR LAW
OF EMPLOYERS
ART 248. ULP THAT MAY BE
COMMITTED BY AN EMPLOYER (1-10)
1. To INTERFERE WITH, RESTRAIN OR
COERCE EMPLOYEES
- in the exercise of their right
to self-organization;
INTERFERENCE
Examples:
- outright and unconcealed intimidation
- interrogation
employer must communicate to the
employee the purpose of questioning
1. assure him that no reprisal would
take place
2. obtain employee participation
voluntarily
3. must be free from employer
hostility to union organization
4. must not be coercive in nature
-intimidating expressions of opinion by
employer
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.
2.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
33
MEMORY AID
IN
LABOR LAW
discourage
membership in any
labor organization.
TEST OF DISCRIMINATION- 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. To
DISMISS,
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
7. TO VIOLATE THE DUTY TO BARGAIN
COLLECTIVELY AS PRESCRIBED BY
THIS CODE;
8.
TO PAY NEGOTIATION OR
ATTORNEYS FEES TO THE UNION OR
ITS OFFICERS OR AGENTS
- as part of the settlement of any
To VIOLATE A COLLECTIVE
BARGAINING AGREEMENT.(GROSSLY!)
- the violation must be gross and
with respect to the economic
provision of the CBA (flagrant
and with malice)
All the aforementioned acts (Nos. 19) must have a relation to the
employees exercise of their to selforganization. Anti-union or antiorganization motive must be proved
because it is a definitional element
of ULP.
RUNAWAY SHOP - an industrial plant
moved by its owners from one location
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
34
MEMORY AID
to another
regulations
discriminate
old plant
activities.
COMPANY UNIONISM
1. Initiation of the company union
idea by:
a. outright formation by
employer
or
his
representatives
b. employee formation on
outright
demand
or
influence by employer
c. managerially motivated
formation by employees
2. financial support to the union by:
a. employer defrays union
expenses
b. pays attorney's fees to the
attorney who drafted the
Constitution or by laws of
the union
3.
employer encouragement and
assistance by immediate granting
of
exclusive
recognition
as
bargaining
agent
without
determining whether the union
represents
majority
of
the
employees
4. supervisory assistance by soliciting
membership, permitting union
activities during work time or
coercing employees to join the
union by threats of dismissal or
demotion.
IN
LABOR LAW
SECURITY
ARRANGEMENTS
stipulations in the CBA requiring
membership in the contracting union as
a condition for employment or retention
of employment in the company.
PRINCIPLES OF UNION SECURITY
ARRANGEMENTS:
1. Protection - To shield union members
from whimsical and abusive exercise
of management prerogatives.
2. Benefits - An additional membership
will insure additional source of
income to the union in the form of
union dues and special assessment.
3. Self-preservation- It strengthens the
union
through selective
acceptance of new members on the
basis of commitment and loyalty.
DIFFERENT KINDS OF UNION SECURITY
ARRANGEMENTS: (EXCEPTIONS TO ULP
ON INTERFERENCE ON THE EMPLOYEES
EXERCISE OF THEIR RIGHT TO SELFORGANIZATION)
1. CLOSED-SHOP AGREEMENT - the
employer undertakes not to employ any
individual who is not a member of the
contracting union and the said individual
once employed must, for the duration of
the agreement, remain a member of the
union in good standing as a condition for
continued employment.
- does not have any retroactivity
- apply only to new hires
EXCEPTIONS:
a. employees belonging
religious
sect
which
to any
prohibit
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
35
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
36
MEMORY AID
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
IN
LABOR LAW
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART.
250.
PROCEDURE
IN
COLLECTIVE BARGAINING
COLLECTIVE BARGAINING negotiation
by an organization or group of workmen,
in behalf of its members, with the
employer, concerning wages, 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.
Negotiation towards a collective
agreement.
The mechanics of collective bargaining
is set in motion only when the following
JURISDICTIONAL PRECONDITIONS are
present:
1. POSSESSION OF THE STATUS OF
MAJORITY representation by the
employees
representative
in
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
37
MEMORY AID
IN
1.
COLLECTIVE
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
38
MEMORY AID
IN
LABOR LAW
for
an
6.
union seeks to represent some
persons who are excluded from the Code
7.
the rank-and-file unit includes
supervisors or inappropriate otherwise
8.
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. the union makes unlawful bargaining
demands
BARGAINING TO THE POINT OF
DEADLOCK OR IMPASSE:
1. over a mandatory subject - party
may insist on bargaining and will not be
construed as bargaining in bad faith
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.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
39
MEMORY AID
253
A.FREEDOM PERIOD
-the notice of intention to
terminate, amend or alter
the provisions of the CBA
shall be filed within the
sixty (60) day period,
immediately prior to the
expiration of the CBA.
-the economic provisions
however
may
be
renegotiated not later than
three (3) years. 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, if beyond 6 months
the effectivity is by
agreement of the parties.
IN
LABOR LAW
253-A/256
- representation
aspect of the CBA
shall be for a
term of five (5).
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.
B.
WHAT MAY BE
CHANGED DURING THE 60- representation
DAY FREEDOM PERIOD
aspectit may be
LABOR LAW Cprovisions
OMMITTEEof
-re-negotiable
resolved by holding
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
the
CBA particularly the certification
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
non-representation
aspectMa.election
ASST. EDPS: Jennifer Trinidad,
Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
(ECONOMIC
PROVISIONS
may be renegotiated not
later than three (3) years.
40
MEMORY AID
IN
LABOR LAW
ART. 253A.
TERMS OF A
COLLECTIVE BARGAINING AGREEMENT
(CONTRACT BAR RULE)
REASON:
injunction contradicts the
constitutional preference for voluntary
modes of dispute settlement
1. With
respect
representation aspect,
lasts for 5 years
to
the
the
same
NOTE:
An employer may solicit
questions, suggestions and complaints
from
employees
eventhough
the
employees are represented by a union,
provided:
1.
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. employer acts strictly within the
terms of this waiver agreement.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
41
MEMORY AID
IN
LABOR LAW
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY
OF INTEREST DOCTRINE:
1. similarity in the scale and manner of
determining earnings
2. similarity in employment benefits,
hours of work and other terms and
conditions of employment
3. similarity in the kinds of work
performed
4. similarity in the qualifications, skills
and training of the employees
5. frequency of contract or interchange
among the employees
6. common
supervision
and
determination of labor-relations
policy
7. history
of
bargaining
previous
collective
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
42
MEMORY AID
CERTIFICATION
ELECTION
CERTIFICATION
ELECTION
A. NATURE
- separate and distinct
from
a
consent
election
B. PURPOSE
- to determine the sole
and
exclusive
bargaining agent of all
the employees in an
appropriate bargaining
unit for the purpose of
collective bargaining;
vs.
CONSENT
CONSENT
ELECTION
- a separate and
distinct process
and has nothing
to do with the
import
and
effect
of
a
certification
election
- 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.
IN
LABOR LAW
UNORGANIZED
A. WHEN MANDATORY ON
THE PART OF BLR
- 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.
- The petition must be
supported by the written
consent of at least 25% of
ALL THE EMPLOYEES IN
THE
APPROPRIATE
BARGAINING UNIT.
- the employer cannot file
a petition for certification
election; only a legitimate
labor organization can file
such petition.
Upon:
a. the filing
of a verified
petition by a
legitimate
labor
organization;
or
b. upon the
filing of a
petition
by
the employer
when
such
employer is
requested by
the
employees to
bargain
collectively.
- any time,
subject
however to
the
ONEELECTIONPER-YEAR
RULE.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
43
MEMORY AID
IN
LABOR LAW
certification election at
any time, subject to the
Deadlock Bar Rule.
(e) there
is
NO
UNRESOLVED
CHALLENGED
VOTES or election protest
which
if
sustained
can
materially alter the results
RUN-OFF ELECTION:
Held
in
instances:
two
1. if one choice
receives
a
plurality of vote
and
the
remaining
choices results
in a tie;
2. if all choices
received
the
same number of
votes;
In
both
instances,
the
NO UNION is also
a choice
Conducted
when
none
of
the
choices, including
the choice of No
Union, receives a
majority of the
valid vote cast.
This
presupposes
no less than three
competing choices.
In this situation, an
election
is
conducted between
the union choices
receiving
the
largest and the
second
largest
number of the valid
votes cast.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
44
MEMORY AID
of
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
45
MEMORY AID
EXAMPLES
BARGAINING:
INDICATIONS
OF
A
GENUINE
DEADLOCK:
1. the submission of the deadlock
to a
third party conciliator or
arbitrator
2. the deadlock is the subject of
a valid notice of strike or lockout
3. NEGOTIATION BAR RULE - a petition
for certification election cannot be
entertained if, before the filing of the
petition for certification election, the
duly recognized or certified union has
commenced negotiations with the
employer in accordance with Art. 250 of
the Labor Code.
4. CERTIFICATION YEAR RULE no
petition for certification election may be
filed within one year from the date of a
valid certification, consent, or run-off
election or from the date of voluntary
recognition
OF
LABOR LAW
BAD
FAITH
IN
TITLE VII- A
(as incorporated by RA 6715)
GRIEVANCE MACHINERY AND
VOLUNTARY ARBITRATION
ART. 260. 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 - 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, and either the union or the
employer
invokes
the
grievance
machinery provision for the adjustment
or resolution of such dispute or
controversy.
NATURE OF GRIEVANCE PROCEDURE It is a must provision in any CBA and
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
46
MEMORY AID
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.
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.
Although
the
provision
mentions parties to a
collective
bargaining
agreement, it does not
mean that a grievance
machinery cannot be set up
in a CBA-less enterprise. In
any work place where
grievance can arise, a
grievance
machinery
(regardless of name) can be
established.
In a unionized company, Art.
255 allows an employee,
union member or not, to
raise a grievance directly to
the employer.
ARBITRATION MAY BE INITIATED BY:
1.
2.
SUBMISSION
AGREEMENT
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
47
MEMORY AID
A voluntary arbitrator is a
quasi-judicial instrumentality (Sec 9
BP129 as amended by RA 7902);
hence, 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, which may be
filed with the Court of Appeals.
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage
of work by the concerted action of
employees as a result of an industrial
or labor dispute.
IMPORTANCE:
it is the most
effective weapon of labor in protecting
the rights of employees to improve the
terms
and
conditions
of
their
employment.
Government employees may form
labor unions but are not allowed to
strike.
Only
legitimate
labor
organizations are given the right to
strike.
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
48
MEMORY AID
- Notice of strike
and
strike
vote
maybe
dispensed
with.
They
may
strike immediately.
ECONOMIC STRIKE
LABOR LAW
IN
- may be awarded
the said paid in the
discretion of the
authority deciding
the case.
CHARACTERISTICS OF STRIKES:
1. there must be an established
relationship between the strikers and
the person/s against whom the strike is
called
2. the relationship must be one of
employer and employee
3.
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
mens demands
4. the contention advanced by the
workers that although the work ceases,
the employment relation is deemed to
continue albeit in a state of belligerent
suspension
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
49
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
50
MEMORY AID
assumption
executory.
NOTE:
What
constitutes
indispensable industry is based solely
upon the discretion of the Secretary of
Labor.
EFFECTS OF THE ASSUMPTION OF
JURISDICTION OF THE SECRETARY
is
LABOR LAW
immediately
a. of the circumstances
under which they were uttered
b. the history of the particular
employers labor relations of
anti-union bias or
c. because of their connection
with an established collateral
plan of coercion or interference.
WHEN CAN THE SEC. OF LABOR
ASSUME JURISDICTION OVER A STRIKE?
1.there exists a labor dispute causing or
likely to cause a strike or lockout in a
INDUSTRY INDISPENSABLE TO THE
NATIONAL INTEREST,
2.the
Secretary
of
Labor
and
Employment may:
a. decide it, or
b. certify the same to the NLRC for
COMPULSORY ARBITRATION.
1. AUTOMATICALLY
ENJOINS
the
intended or impending strike or
lockout
as specified in the
assumption or certification order;
order
IN
c.
d.
e.
f.
2.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
51
MEMORY AID
3.
RULE ON REINSTATEMENT OF
STRIKING WORKERS:
GENERAL RULE : Striking employees
are entitled to reinstatement, regardless
of whether or not the strike was the
consequence of the employers ULP
REASON: because while out on
strike, the strikers are not considered to
have abandoned their employment, but
rather have only ceased from their labor.
IN
LABOR LAW
2. 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.
ART.
ACTIVITIES
264.
PROHIBITED
LABOR ORGANIZATIONS
1. No labor organization or employer
shall declare a strike or lockout
without
first
having
bargained
collectively
in
accordance with Title VII of
this Book or
lockout
shall
be
a. AFTER
assumption
of
jurisdiction by the President
or the Secretary or
b. AFTER
certification
or
submission of the dispute to
compulsory or voluntary
arbitration or
c. DURING the pendency of
cases involving the same
grounds for the strike or
lockout.
THIRD PERSONS
2. NO person [3rd persons] all obstruct,
impede or interfere with by force,
violence,
coercion,
threats
or
intimidation
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
52
MEMORY AID
during
any
labor
controversy or in the
exercise of the right of selforganization or collective
bargaining or
EMPLOYERS
3.
4.
b.
and/or
c.
order.
LABOR LAW
PURPOSE
2. to determining
whether or not the
improved offer of the
EMPLOYER is acceptable
to the union members.
to ascertain the
real sentiment of
the silent majority
of
the
union
members on strike.
IN
PERIOD OF FILING
3. on or before the
30th day of the strike
REDUCED
OFFER
BALLOTING
1.
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,
trustees
or
partners.
2.
to
determining
whether or not
the
improved
offer
of
the
UNION
is
acceptable
to
the
union
members.
to ascertain
the
real
sentiment of the
silent majority of
the
union
members
on
strike.
3.
on or
before the 30th
day
of
the
lockout
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
53
MEMORY AID
LIMITATION
4.
applies
economic
(deadlock)
only to
strikes
4.
applies
only to economic
strikes-deadlock
in
bargaining
(lockout)
public peace
c.
commission of a crime
BOOK SIX
POST EMPLOYMENT
TITLE I
TERMINATION OF
EMPLOYMENT
ART. 279. SECURITY OF TENURE
SECURITY OF TENURE - the
constitutional
right
granted
the
employee, that the employer shall not
terminate the services of an employee
except for just cause or when authorized
by law.
RELIEFS
AVAILABLE
TO
AN
ILLEGALLY DISMISSED EMPLOYEE:
A. REINSTATEMENT - Restoration of
the employee to the state from which he
has been unjustly removed or separated
without loss of seniority rights and other
privileges.
FORMS OF REINSTATEMENT:
ACTUAL OR PHYSICAL REINSTATEMENT
- the employee shall be admitted
back to work
2. PAYROLL REINSTATEMENT
- the employee is merely reinstated
in the payroll.
1.
IN
LABOR LAW
May
a
court
order
the
reinstatement
of
a
dismissed
employee even if the prayer of the
complaint did not include such relief?
YES. So long as there is a finding
that the employee was illegally
dismissed, the court can order the
reinstatement of an employee even if
the complaint does not include a prayer
for reinstatement, unless, of course, the
employee has waived his right to
reinstatement. By law, an employee who
is unjustly dismissed is entitled to
reinstatement, among others. The mere
fact that the complaint did not pray for
reinstatement will not prejudice the
employee, because technicalities of law
and procedure are frowned upon in labor
proceedings (General Baptist Bible
College v. NLRC; 219 SCRA 549).
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. If
NO
SUBSTANTIALLY
EQUIVALENT
POSITION IS AVAILABLE, reinstatement
should not be ordered because that
would in effect compel the employer to
do the impossible. In such a situation,
the employee should merely be given
SEPARATION PAY CONSISTING OF ONE
MONTH SALARY FOR EVERY YEAR OF
SERVICE (1:1).
CIRCUMSTANCES WHEN COMPANY
MAY NOT REINSTATE DESPITE ORDER OF
REINSTATEMENT
1. TRANSFER OF BUSINESS OWNERSHIP
-There is no law requiring a
purchasing corporation to absorb the
employees of the selling corporation.
A fortiori, 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;
2. When reinstatement is rendered
IMPOSSIBLE due to the abolition of
the position;
3. When the business has CLOSED
DOWN;
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
54
MEMORY AID
4. PHYSICAL INCAPACITY
of the
employee; and
5. DOCTRINE OF STRAINED RELATIONS
- When the employer can no longer
trust the employee and vice-versa,
reinstatement could not effectively
serve as a remedy. This doctrine only
applies only to positions which
require trust and confidence
- Under the circumstances
where
the
employment
relationship has become so
strained
to
preclude
a
harmonious
working
relationship, and that all hopes
at reconciliation are nil after
reinstatement, it would be
more beneficial to accord the
employee
backwages
and
separation pay.
B. BACKWAGES the relief given to
an employee to compensate him for lost
earnings during the period of his
dismissal.
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 - Under existing
law, backwages is computed from the
time of the illegal dismissal up to time of
actual reinstatement.
INCLUDED IN THE COMPUTATION
OF BACKWAGES
1. transportation
and
emergency
allowances
2. vacation or service incentive leave
and sick leave
3. 13th month pay.
NOTE: facilities such as uniforms,
shoes, helmets and ponchos should NOT
be included in the computation of
backwages.
REASON: said items are given free,
to be used only during official tour of
duty not for private or personal use.
IN
LABOR LAW
regularity:
nature
of
PROJECT
EMPLOYEE
REGULAR
EMPLOYEE
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
55
MEMORY AID
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. (See Art.
280 LC)
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 - 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, the completion of
which has been determined at the time
of the engagement of the employee.
- He does not become a regular
employee. The employment is
coterminous with the specific
period.
SEASONAL EMPLOYMENT - 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.
Pakiao employees are considered
employees as long as the
employer exercises control over
the means by which such
workers are to perform their
work.
Employee is considered an
regular employee insofar as the
season to which he was
employed is concerned.
- during the off-season his
employment
is
merely
suspended not terminated
(Phil. Tobacco Flue Curring and
Drying Corp. vs. NLRC).
PROBATIONARY
PERIOD
OF
EMPLOYMENT - the period needed to
determine the fitness for the job, i .e.,
the time needed to learn the job.
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
56
MEMORY AID
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, said employee becomes a regular
employee by operation of law.
Under the Labor Code, an
employee who is allowed to work after a
probationary period shall be considered
a regular employee. (Art. 281.)
ART. 282. TERMINATION BY
EMPLOYER
SECURITY OF TENURE - An
employer
CANNOT
terminate
the
services of an employee EXCEPT for a
just cause or when authorized by law.
GUIDELINES TO DETERMINE THE
VALIDITY OF TERMINATION:
1. Gravity of the offense
2. Position
occupied
by
the
employee
3. Degree of damage to the
employer
4. Previous infractions of the same
offense
5. Length of service
A. JUST CAUSES [MaNaBaCA]:
1. Serious MISCONDUCT OR WILLFUL
DISOBEDIENCE by the employee of
the lawful orders of his employer or
representative in connection with his
work;
Misconduct- transgression of
some established and definite
rule of action, a forbidden act, a
dereliction of duty, willful in
character, and implies wrongful
intent and not mere error in
judgment. (Dept. of Labor
Manual, Sec. 4353.01)
2. Gross and habitual NEGLECT by the
employee of his duties; (Repeated
absenteeism and tardiness)
3. FRAUD OR WILLFUL BREACH by the
employee of the trust reposed in him
by his employer or duly organized
representative
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
57
MEMORY AID
established
to
justify
his
termination.
For
termination
of
employment
based
on
authorized
causes,
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.
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
employees right to due process has been
violated, the dismissal is legal but the
employee is entitled to damages by way
of indemnification for the violation of
the right.
IN
LABOR LAW
B.
AUTHORIZED
CAUSES
TERMINATION BY THE EMPLOYER:
OF
Reorganization as a cost-saving
device
is
acknowledged
by
jurisprudence. An employer is not
precluded from adopting a new
policy conducive to a more
economical
and
effective
management, 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,
INC et al., vs. NATIONAL LABOR
RELATIONS COMMISSION et al.)
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
58
MEMORY AID
LABOR LAW
CAUSE OF
TERMINATION
Automation
Redundancy
6. DISEASE
a. 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
IN
Retrenchment
Closures or
cessation
of
operations
not
due to serious
business losses or
financial reverses
Disease
SEPARATION PAY
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, 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, no
separation pay due.)
Equivalent to at
least one-month salary
or to month salary
for every year of
service, whichever is
greater, a fraction of at
least 6 months shall be
considered
one
(1)
whole year.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
59
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
60
MEMORY AID
IN
LABOR LAW
Retirement
Optional
but
the
employee must have served
at least 5 years
65
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
PRESCRIPTION
CLAIMS
TITLE II
OF OFFENSES
AND
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
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
61
MEMORY AID
Appendices
SPECIAL LAWS
SOCIAL SECURITY SYSTEM
RA1161 as amended by RA 8282
COVERAGE:
Compulsory:
1. Compulsory upon all employees
not over 60 years of age and
their employers
2. In case of domestic helpers,
their monthly income should not
be less than one thousand pesos
Limitation: Sec. 9 (a)
a. 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, reduced or
otherwise impaired
b. 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
IN
LABOR LAW
where
the
employers
contribution to his private
plan is more than that
required of him in this Act,
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
employers 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.
c. Any changes, adjustments,
modifications, eliminations
or improvements in the
benefits to be available
under the remaining private
plan,
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. The private benefit plan
which the employer shall
continue for his employees
shall remain under the
employers managementand
control unless there is an
existing agreement to the
contrary.
e. 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
3. Compulsory upon such self- employed
persons as may be determined by the
Commission including but not limited to
the following (Sec 9-A): (APAPI)
1. All
self
employed
professionals
2. Partners
and
single
proprietors
3. Actors
and
actresses
directors, scriptwriters and
news correspondents who do
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
62
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
63
MEMORY AID
b.
c.
d.
e.
Benefits
1. Monthly pension
2. Dependents pension
It shall be paid for each dependent
child conceived on or before the
date of the contingency but not
exceeding five, beginning with the
youngest
without
substitution
PROVIDED that where there are
legitimate and illegitimate children,
the former shall be preferred.
3. Retirement benefits
A member who has paid at least 120
monthly contributions prior to
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
64
MEMORY AID
Sources of Fund
1. Collection:
Beginning on the last day of the
month
when
an
employees
compulsory coverage takes effect
and every month thereafter during
his employment, his employer shall
pay the employers contribution and
shall deduct and withhold from such
2.
IN
LABOR LAW
GOVERNMENT SERVICE
INSURANCE SYSTEM
RA 8291
COMPULSORY MEMBERSHIP (Sec. 3)
Compulsory for all employees (as
defined in Section 2 (d) of GSIS Law)
receiving compensation who have not
reached the compulsory retirement age,
irrespective of employment status,
EXCEPT MEMBERS OF THE ARMED
FORCES AND THE PNP, 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.
EXCEPT FOR THE MEMBERS OF
THE JUDICIARY AND CONSTITUTIONAL
COMMISSIONS WHO SHALL HAVE LIFE
INSURANCE ONLY, all members of the
GSIS
shall
have
life
insurance,
retirement and all other social security
protection
such
as
disability,
survivorship,
separation
and
unemployment benefits.
COMPUTATION OF SERVICE
The computation of service for
the purpose of determining the amount
of benefits payable shall be FROM THE
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
65
MEMORY AID
DATE
OF
THE
ORIGINAL
APPOINTMENT/
ELECTION INCLUDING PERIODS OF SERVICE AT
DIFFERENT TIMES UNDER THE AUTHORITY OF
THE REPUBLIC OF THE PHILIPPINES AND THOSE
THAT MAY BE PRESCRIBED BY THE GSIS IN
COORDINATION WITH THE CIVIL SERVICE
COMMISSION.
All
service
credited
for
retirement, 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.
Employer:
The
national
government,
its
political
subdivisions,
branches,
agencies
or
instrumentalities
including GOCCs and financial
institutions with original charters,
the constitutional commissions and
the judiciary
Employee or Member:
Any person receiving compensation
while in the service of an employer
as defined herein, whether by
election
or
appointment,
irrespective of status appointment,
Dependents:
1. The legitimate spouse dependent
for support upon the member or
pensioner
2. The
legitimate,
legitimated
legally adopted child, including
the illegitimate child who is:
a. unmarried,
b. not gainfully employed,
c. not over the age of
majority,
d. 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. Parents dependent upon the
member for support
Primary Beneficiary
LABOR LAW
Secondary Beneficiary
The dependent parents and subject
to the restrictions on dependent
children, 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.
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
Definition of Terms
IN
Contributions
1. It shall be mandatory for the
member and the employer to
pay the monthly contributions.
2. The employer shall include in its
annual
appropriation
the
necessary amounts for its share
of the contributions indicated
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
66
MEMORY AID
Separation
include:
benefits
likewise
UNEMPLOYMENT
OR
INVOLUNTARY
SEPARATION
BENEFITS (Sec. 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
IN
LABOR LAW
RETIREMENT BENEFITS:
Conditions for entitlement (Sec.
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.
PERMANENT
DISABILITY
BENEFITS
General
Conditions
for
Entitlement (Sec. 15):
The member must have suffered
permanent disability for reasons
NOT DUE to:
1. Grave misconduct
2. Notorious negligence
3. Habitual intoxication, or
willful intention to kill
himself or another.
Specific conditions for
entitlement (Sec. 16):
He shall receive monthly income
benefit for life equal to the
basic monthly pension effective
from the date of the disability.
PROVIDED:
1. He is in the service at the
time of the disability
2. IF
SEPARATED
FROM
SERVICE, 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. IF HE WAS IN SERVICE AND
HAS PAID A TOTAL OF AT
LEAST
180
MONTHLY
CONTRIBUTIONS, in addition
to the monthly income
benefit, he shall receive a
cash payment equivalent to
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
67
MEMORY AID
IN
LABOR LAW
PENSION,
ORDER
OF PAYMENT OF THE
SURVIVORSHIP PENSION
1.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
68
MEMORY AID
LABOR LAW
dependent
children, the
dependent spouse shall receive
the basic survivorship pension
for life or until he/she
remarries, and the dependent
children shall receive
the
dependents pension.
3.
IN
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.
Appealable under Rule 43 and 45
Of the 1997 Rules of Civil Procedure. The
appeal shall not stay the execution of
the order or award unless ordered by the
Boards, CA, or SC and the appeal shall
be without prejudice to the special civil
action of certiorari when proper.
6. FUNERAL BENEFITS:
It shall not be less than twelve
thousand pesos (P12,000.00)
PROVIDED that
it shall be
increased to at least eighteen
thousand pesos (P18,000.00)
after five years and shall be paid
upon death.
7. LIFE INSURANCE BENEFITS
All employees except members
of the AFP and the PNP shall be
compulsorily covered with life
insurance.
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.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto