Académique Documents
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LABOR LAW
mnemn@ryafld
Labor Standards
Labor Relations
Social Legislation
aHr
$sn
Ilb
FeUs Gollege of
2011 CENTRALIZED BAR OPERATIONS
64
Social Security System (R.A. 1 161 as amended by
GovernmentServicelnsuranceSystem(R.n.
R.A.8292........ "142
g2g1)................. 14g
LimitedPortabilityLaw(R.A.76gg).................
Employee's.Compensation and State lnsurance Fund (p.D.626) 155
Paternity Leave Act of 1996 (R.A. 3187)............ ............;..... 160
Retirement Pay Law (R.A. 7641Amending Art. 287 of LC)........-... 161
Anti.dexualHarassmentAct(R.A.7877).......
ActsAgainstChildLakior(R.A.9231).................
Bibliog
raphy.....
166
168
172
174
....................r................,.......................... 176
LABOR LAW
LABOR RELATIONS
b.
c.
TITLE ONE: POLICY AND DEFINITIONS
d.
Collective
negotiations;
bargaining
1. Employee's organization;
2. Managemenf;
3. The public - always to be considered
in
4.
the
The State.
parties,
to oppress or
211
2.
a.
EXECUTIVE
COMMIfiEE:
overall chairperson, MINISTER MOISES DU chairperson for academics, DiOANIVIE JOMARE JUNASA
chairperson for hotel operations, MARIE MICAELA 5TA" ANA vice-chairperson for operations, MIKHAIL MAVERICK TUMACDER vicechairperson for secretariat, JACKIE LOU LAMU6 vice-chairperson for finance, DIANA JEAN TUMON vice.chairperson for edp, JASSEN
RALPH LEE vice-chairperson for logistics
EZEKIEL JOSHUA VILLENA
sUBJECT COilMlfiEE3
HAROLD CHRISIIAN TALLEDO subject chair, AYLA HERAZADE SALENDAB assistant subject chair, PINKY VELOSO edp, NEO VALERIO labor
standards, MARK LESTER TAMONDONG labor relations, DONNA FRANCES YLADE social legislation
MEMBERS3
Vanessa Guinto, Kaye Coleen Lambino, Karlon Pambid, Jose Carlos Torres, Ramayana Saidamen, Jose
Angelo David, Kamille Deanne Lagasca, Raynan Larosa
Ssn @e!u
@sl[ege of
llsb
Arbitration
local/chapter
discussions.
ART.212; DEFINITIONS
Employer
1. One who employs the services of others;
one for whom employees work and who
2.
v.
or salaries (Feati
1.
2.
3.
Bargaining Representative
means a
or not
2.
it
involves or
concerns terms, conditions of employment, or
representation (SMC Employees UnionPTGWA v. Bersamira, GR No. 87700, June
1s, 1990).
regular employmenf
One who has been Qismissed from work
but the legality of the dismissal is being
contested in a
forum
of
appropriate
1.
a.
15,
200s).
the
employees of a particular employer unless
the code explicitly states.
1. Managerial
2. Supervisory
3. Rank-and-file
or
of the
agent of
65
LABOR tAW
LABOR RELATIONS
bargaining unit which is the majority
c.
d.
RELATIONS COMMISSION
CHAPTER
coMPoslTroN
e.
union);
CREATION
I.
AND
July 27,2006)
NLRC - an administrative body with quasijudicial fundions and the principal government
agency
non-regularization of emPloYees;
illegal termination; non-issuance of
employment contract).
Composition
Parties to a Dispute
1.
Primary Parties
Employer
Employees
Union
Secondary Parties
Voluntary arbitrator
Agencies of DOLE (BLR, VAC)
NLRC
Secretary ofLabor
Office of the President
a,
b.
c.
2.
a.
b.
c.
d.
e.
o
o
1 Chairman; and
23 Members.
EIGHT (8) members each, shall be chosen
belong.
interest
of the
employer,
effectively
recommend such managerial actions if the
not merely
exercise of such authority
routinary or clerical in nature but requires
independent judgment.
is
is
three
sectors
publio
or
govemment,
- in policy-making
government. Tripartism is
bodies
of the
observed
in numerous government
agencies
2.
3.
4.
such; or
of
admi
On tem
basis, to
3.
jurisdiction.
Chairman,
nq
become incapacitated
to
discharge the
'1.
Members)
1. Adjudicatory;
2. All other powers, functions and duties; and
3" Exclusive appellate jurisdiction over cases
in
at least 5 years.
unnecessary
additional expense.
division
is not
complete and
the
be
necessary.)
2.
Jurisdiction
Exclusivehnd Original
1 Ceftifled cases - cases certifled to it for
compulsory arbitration by the Secretary of
Labor under Aft. 263 or the President
under Art. 264:
,
3.
submitted
to it for
Exclusive Appeltate
Cases decided by Labor Arbiters under
1.
decision should be
2.
workers
amounting to not more than P 5,000.
Judicial Review
Findings of facts
tribunal are
and
accorded the
*1#il?.'{A
initially
4.
Qualifications
of Executive
1.
2.
21
Labor
courts
desired
equ
factual
number
Funeral
Barangay
Labor cases
Barangay
Conciliation since
nary
of procedure
67
LABORLAW
LABOR RELATIONS
labor disputes which are primarily governed by
Escayo, GR Nos.
v.
7.
of
the
OF
I-ABOR
ral or n on-ag
ri cu ltu ral :
cDo)
9.
AND
ART.217: JURISDICTION
8.
reinstatement;
Monetary claims
of
gverseas contract
of
has
controversies involving
employees only if !h_pl'p_
causal
jurisdiction over
employers and
is a
"reasonable
claim
(UTR-DV-EeO -
1. ULP cases;
2. Termination disputes;
3. lf accompanied with a claim
CA,
for
The
4.
5.
employment;
Jose
1e98).
Ee relations;
Employment
Compensation, Social Security, Philhealth
68
Cases
machi
The
disposed
the same to
voluntary
be
referring
and
1. Disputes on the
2.
interpretation
or
[1ee6u.
12.
1. Foreign
2.
3.
5.
1. All
of Procdure on Venue of
jurisdic{ion over
v. lBC, GR
Executing .
money claims
government (DAR
v.
against
NLRC, GR
No.
workplace is:
Where they are regularly assigned;
b. Where they are supposed to regularly
receive their salaries and wages;
a.
to their employers.
NLRC
8.
7.
in
authority
6.
membership
Filing Gases
the
jurisdiction of the regular courts pursuant
to the new Securities Regulation Code
4.
of
policies.
Termination
deemed waived.
Venue may be
lees),
agreement
of
changed
th"9,,,,p-ffipg-- or
by
written
when the
9.
The
permts
the
different
124193,
Servide
of
ln the
valid
waiver
ora
and
69
LABOR LAW
LABOR RELATIONS
judgment rendered by the labor arbiter are null
and void.
lnjunction.
a TRO or an
of Restraining
Compulsory Arbitration
been served,
a.
b.
the
testimonies of witnesses with opportunity
for cross-examination, in support of the
allegations of the complaint made under
2.
3.
power
4
5
5.
thereto.
and
'
orders.
labor dispute.
question of whether
or not a temporary or
3.
Arbiters
70
b.
Persons,
the
Injunction or TRO
Orders which may require, forbid, or stop the
doing of an act. The power of the NLRC to
enjoin or restrain the commission of any or all
prohibited or unlawful acts under Afticle 218 of
the Labor Code can only be exercised in a
committed
to protect the
been threatened or
1.
of
llsb
e.
20,
parties. (A.M.
No
Apil
RTJ-9&1405,
12,
1998)
2000)
6.
furnish
adequate protection.
Posting of a Qond.
dispute.
ART. 219: OCULAR INSPECTION
Labor
1.
2.
NoT
AMICABLE SETTLEMENT
1.
2.
sustained,
issuing
3.
upon
hearing after notice (Affidavit of Merit); and
The complainant shall first
an
file
undertaking with adequate security/bond
in an amount to be fixed by the
Commission suff icient to recompense
(Llora
the
be effective for
NO
NLRC
Motion
the
subject
1.
judicata,
Kcept on
over the
res
shopping;
venue,
on and
7t
LABOR LAW
LABORRELATIONS
Attorney's Fees
1. Art. 111 (Simple Monetary Claim)
The maximum amount to be given a
b.
Amicable Settlement
The Labor Arbiter shall exert all efforts to
arrive at an amicable settlement of a labor
dispute within its jurisdiction on or before its
Rrst hearing
or
to
2.
4.
of
d.
2.
Att.222
Attorney's fees for CBA negotiations
and conclusion shall be in the amount
agreed upon by the parties to be taken
Appearance
Commission
is declared unlavvful.
the
mandatory
during
conferences set for the purpose (The rules for
Man datory Con ci li ati on/Medi ati on Conference
are provided for under Rule V of the 2005
NLRC Rules).
attorney's
exceeds
fees
which
loo/o
a verified
3.
from
certification
said
organization that he is properly authorized;
He represents a member or members of a
legitimate labor organization existing
4.
in
employels establishment;
He is duly accredited member of any legal
aid office duly recognized by the DOJ or
IBP;
5. He is the
owner or president of a
or establishment which is a
party to the case. (Sec. 8, 2005 NLRC
corporation
Rules)
72
{:;{"3t*.I*fu
attomey's
fees
only
Sffi
@e!s @ollege ot
A&
ART.223: APPEAL
Grounds for Appeal (FLEP)
appellant; and
lf there is lrima facie evidence of abuse of
discretion on the part of the Labor Arbiter.
2.
resolution;
of
damages
exceeding P 5,000)
the receipt of
the
decision.
filing of
The perfection
statutory/reglementary period
v.
1,
1997).
1.
insofar
concerned a
IS
bond
73
LABOR LAW
LABOR RELATIONS
There is no need for a motion for the issuance
of writ of execution on the reinstatement order
as is self-executory (Pioneer Texturizing
Corp. v. NLRC, GR no. 11ffi51, October 16,
it
1.
1997).
Court.
279.
reinstatement
2.
meantime.
3.
or 'separation
2.
or to a
substantially
equivalent position if the former position is
already fllled up; OR
He can REINSTATE the employee merely
in the PAYROLL with payment of the
accrued salaries.
appeal.
4.
1988).
Payroll Reinstatement
One where an employee is paid his monthly
Court of Appeals
Supreme Court
(Petition for Review upder Rule 45)
74
1.
Ssn
@ebs @oltege of
{.eb
5. Med-Arbite[ and
6. Voluntary Arbitrator
judgment creditor
3.
t6,
of an affidavit of
title
(Sec.
or Panel of Arbitrator.
any
interested party, issue a writ of execution on a
judgment within
It is
or order
it is removed
or jurisdiction of the court
decision
4.
MtTls
126322,
of a labor dispute, a
16, 1995)
ABSORPTION BY NCMB
Manner of Execution May Be Appealed
Finality of judgment becomes a fact upon the
lapse of the reglementary period of appeal and
if no appeal is perfected. ln such a situation,
the prevailing party is entitled as a matter of
right to a writ of execution.
it
2.
of the
property wrongifully levied on execution;
Service by the third party claimant on the
officer making the levy and upon the
To act on its
of either or both
75
LABOR LAW
LABOR RELATIONS
2.
3.
Relations
Disputes.
Coverage
of
lnbr/lntra-Union Disputes
1.- Cancellation
of registration of a
2-
3
4.
5.
6.
7.
8.
9.
labor
by
or
of
of
expulsion
of union and
worker's
association officers;
Validity/invalidity of voluntary recognition,
Opposition
to
application
CBA registration;
10. Violations
11. Disagreements
over
or
and
CBAs;
1.
The BLR
the
registration
and supervision of
2.
of
relating to
collective
bargaining
3.
to
a.
b.
76
B. lnvol
ln
such
of
San
@ebu @olleqe of
{.slo
in
accordance with its constitution and bylaws EXCEPT under any of the following
7.
8.
L
the
memorandum of appeal)
and
oppressive;
lssue is purely a question of law;
Where the administrative agency had
already prejudged the case; and
Where the administrative agency was
practically given the opportunity to act
on the case but it did not.
1.
from receipt of
agency is
- if
the
circumstances:
Futility of intra-union remedies;
lmproper expulsion procedure,
Undue delay in appeal as to constitute
su bstanti al njustice;
The action is for damages;
Lack of jurisdiction of the investigating
1.
2.
3.
4.
5.
body;
6. Action of the administrative
the Bureau
(Within 1.0 days from
receipt of the decision)
2.
petition
for
certification election
or
1[i,l+"?-*:
!1lfitP,U
1. Under oath
2. Consist oi a 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
\Afrthin 10 days
from receipt of
decbion
77
LABOR LAW
LABOR RELATIONS
Summary
of
Rules
on
lntraflnter-Union
Disputes
or grounds under Sec. 1: any legitimate
organization
(LLO) member(s)
thereof
specially concemed
any-party-in-
interest
Regional Office that issued its certificate of
regbtration or certificate of creation of
chartered local - if it involves labor unions with
a.
Formal Requirements
personal
circumstances
b.
or
petitioner(s);
1. ln wrrting; and
2. Signed in the presence of the regional
director or his dulY authorized
representative. (Sec. 8, Rule ll of the
Rules on Disposition of Labor Sfandards
Cases in the Regional Offices)
personal
of the respondent(s) or
person(s) charged;
78
It
2. lt
4.
. fee of not less than P1,000.00 or any
amount deemed appropriate by the
Secretary of Labor.
5. lssuance of Certificate of Registration.
Bureau
3.
3.
is not a
29,
1989).
ART. 232:
PROHIBITION
ON
CERTIFICATION ELECTION
bar to
lection.
An
not
termination of any of
offices
. a.
b.
2.
work; and
YEAR
te
signed
six (6)
bargaining unit.
Requisites
parties
have duly
79
LABORLAW
LABOR RELATIONS
was ratified by the union membership;
contains substantial
terms and conditions of employment;
4. It encompasses the employees in the
2.
It
3.
It is adequate for it
5.
7.
8.
9.
(not
to
merely
any
organizations
organization) which may register as labor
organization, to wit:
Federation
1.
' 2.
NationalUnion
3. lndustry Union
4. Trade Unlon Center
5. lndependent Union
25G^
lnformation
and
statements made
at
up at
ART.234: REQUIREMENTS OF
REGISTRATION
1. Principal - employees
2. Agent - locaUchapter
3. Agent of agenf - federation
Purpose of Formation of Labor Unions: for
securing fair and just wages and good working
conditions for the laborers; and for the
protection of labor against the unjust exactions
of capital.
2.
Union).
80
$uu Eeb!
@ollege
d{.eb
organization
with at least
10
must be a
2.
collective
bargaining agent.
3.
its
Department..
200e.)
ART. 234-4: CHARTERING AND CREATION
OF
ISSUING
CHARTER
CERTIFICATE
5.
1.
2.
3.
P 50 registration fee;
Names of its officers, their addresses, the
principal address of the labor organization,
the minutes of the organizational meetings
and the list of the workers who participated
of a
legitimate labor
certificate.
1.
2.
3.
in such meetings;
in
tions
81
LABOR LAW
LABOR RELATIONS
offices, but shall
be processed by the
Bureau.
of a
legitimate labor
organization.
of
Registration.
registration
labor registration,
the
the
of
2.
of a
in
the
company involved.
falsification
and serious
irregularities,
labor
Purpose of Registration
Registration with the 6LR is the operative act
that gives rights to a labor organization.
1.
it is clothed
personality to claim
representational and bargaining rights
legitimate in the sense that
with legal
3.
82
3.
2.
Ssu ffieta
@olJr:ge of Stetn
certificate
registration is issued by federation
filed with and will or national union is
be acted upon bY
filed with
the
where
the
applicant's
charter
2.
Also refers to
applied
an
or not.
of Affiliation (As
Amended
c.
d.
the
CBA.
Limitation
the expiration of
Affiliate
1.
immediately preceding
of
in
of
iray
Oe
and
emPloYer
Disaffiliation
When affiliated, a local union may disaffiliate
from the federation.
f
divest
locals
reg
ln the
allowed
failing
status
(
When to Disaffiliate
6)
Art.235:
The Bureau
registration within
for
from filing.
83
LABOR LAW
LABOR RELATIONS
Registration
Filed With
Att. 234.
Apfl
18, 1997.)
1. ln writing;
2. Stating in clear terms the reason for the
3.
decision; and
of said decision
Appeal
Decisions
of the
2.
84
and
115077,
of
Bureau of Labor
Relations or Regional
Office
(But processed by
Bureau)
Secretary of Labor
(lf BLR director
denies)
Decision of Secretary
appealable to COURT
of APPEALS
-R t-
-_---
Decision of BLR
appealable to COURT of
APPEALS
Ssn Eets
@ollege of ?tab
of Rules
By application of the
union
2.
be
certified by
the
the
organization can
agency
Modes of Appeal
ART.
REGISTRATION
1.
2.
3.
24
238:
CANCELLATION
hours from
OF
mate
20
days from
receipt of records
COURT OF APPEALS- Rule 65
hea
SPE
R.A.
Bureau
1.
24 hours
from
Grounds
10
ART.
CAN
1.
AI
regis
proc
shall
nor
for
2. ln case
herein
to seek
shall restri
just
and
ies
in
the
appropriate
8s
LABORLAW
LABOR RELATIONS
Director
Any party-ininterest, if
ground is:
1. Failure to
who
has jurMiction
over the place
s
association
operates
days
to
(30
days to decide)
union
centers
3.
237
2.
Trade
and
238, LC.
the
requireme
nts under
decide).
Director
Arts. 2U,
with any of
(30
|
j
Violation
any
provision
under Arf.
239, LC.
of
members of
the labor
organization
concerned if
grounds are
actions
involving
violations of
Aft,241,
subject to the
30% rule.
need
of
86
R.A.94811
Grounds:
1. Misrepresentation, false statement or
fraud in connection with the adoption or
ratification of the constitution and by-lars
2. Or amendments thereto, the minutes of
ratification, and the list of members who
comply
where
respondent
principally
4.
Note: Failure to submit reportorial
requirements is no longer a ground for
cancel!ation but shall subject the erring officers
or members to suspension, expulsion from
membership, or any appropriate penalty. (Art
242-A, new provision inserted by R-A. 9481)
ART. 239-A: VOLUNTARY CANCELLAT]ON
OF REGISTRATION (New Provision
inserted by R.A.94811
1. At least V3 of
in a
vofes,
to the illegality of
Note: A pronouncem"nt
the strike is not within the""meaning ol Art. 239
of the Code, which provides for the grounds
for cancellation of union registration.
$ur
GeDa @olltge of
ltsb
b.
3.
a.
b.
of
c. To
d.
e.
f.
g.
4.
or
the
2.
such
labor organization.
3. The members of
RELIGIOUS
Union Membership
an
(Afi.277)
Requirements: (RAMM)
241 [Nil
il be att#b&d'"tq rhvjlfh'trr
Becoming
Members/Officers of a Labor Organization
(See nofes under Art. 243 on persons who are
requ
(
Gheck
from an
87
LABORLAW
LABOR RELATIONS
amounts due to the union for fees, fines or
assessments.
Fees)
Not necessary:
1.
assessment,
2.
members of
the
of
2.
benefits of
No exception;
written
resolution is
2.
all instances.
b.
mandatory at
the CBA.
Said nonmembers
may. be
assessed
agency fees
equivalent
to that paid
by members
only
members;
Only by
for
union
avail of the
Exceptions:
1.
for
mandatory
activities
provided
under the
Code; and
when
non-
by
approved by
a majority of
the
purpose.
the
members in
general
meeting
Requ
off d-sp:tes.
88
Board
Resolution
2.
He is
3.
He
; and
the CBA.
$sx Gell
@illege ot
Le
not
by R.A.94811
Reportorial requlrements
to be submitted
by
dues
of
May not be
security, be imposed
to them. Payment by
amount
to an
members who
took part in
2.
by-laws
to be the bargaining
representing
all
employees
in
the
CHAPTER
III.
RIGHT.s
OF
'or
amendments the'reto;
of
the
LEGITIMATE
LABOR ORGANIZATIONS
2.
labor
organizations for the purpose of collective
bargaining through representatives of their
own choosing; and
To engage in lawful concerted activities for
2.
3.
4.
5.
furnished
6.
7.
by
employers
of
audited
financial statements;
Qwn properties; and
Exempted from taxes.
89
LABOR LAW
LABOR RELATIONS
1. All
persons employed
in
gommercial,
(ClA)
2. ln
Persons/Employees eligible to
ioin a
labor
1.
2.
3.
to self-o rg an i zafion;
High-level
or
EMAC ENGA)
a.
are
as
confidential
4.
(H
managerial government
of a
or highly technical
in
Eligibility
of
Foreigners
to
Form Labor
Organization
Aliens working in the country with valid permits
Religious Objectors
The rights of the members of the lglesia ni
of
religious affiliation.
(Kapatiran v. Calleja, GR No. 82914, June 20,
1988)
workers regardless
E.O. 180);
5. Qonfidential employees
lndusties Inc.
6.
7.
v.
(Metrolab
Confesor, GR No.
and
controlled
9. {liens
90
governed
Code can
with the
govemment
bargaining rights.
they can
(through
or
on
those
terms and conditions of
employment which are
not fixed by law. Thus,
they have
duly
recognized employees'
and appropriate government
of
emPloYees'
labor-management
committees, work councils and other forms of
workers' participation schemes to achieve the
same objectives (Sec. 1, E.O. 180).
I
Exceptions:
High-level employees whose functions are
normally considered as policy-making or
managerial or whose duties are of a highly
confidential nature (Sec. 3, E.O. 180); and
Members of the Armed Forces of the
Philippines, including police officers,
policemen, firemen and jailguards (Sec- 4,
E.O. 180)
Note: Employees of government corporations
incorporated under the Corporation Code and
registered with SEC are governed by the
Labor Code not by E O. 180. They are allowed
to organize for:
1. They are not involved in public service;
and
Terms of employment are not flxed by law'
2.
1.
Government Services
organizations
to law
2.
E'O'
between
1.
6,
limited
labor
assist
organization for
180\.
hraroainino riohts-
of
5.
6.
and
c.
d.
e.
ceis
u&#&h
eT"{s$
hFtdi e.s;
2.
bid-).
linkages.
91.
LABOR LAW
LABOR RELATIONS
To sum up, government employees covered
by E O. Na. 180 may organize, even unionize,
and negotiate employment conditions not fixed
by law but they cannot strike. (Azucena, 2A07)
Jurisdiction
Any dispute which remains unresolved after
exhausting all available remedies under
existing laws and procedures may be jointly
referred by the parties to the Public Sector
Labor-Management Council for appropriate
action.
Whqe to Rqister
Government employees' organizations shall
register with the Civil Service Commission and
charges
DOLE.
1.
2.
3.
LC.
Applications may
Regional Offices
a,
b.
c.
1
80)
EMPLOYEES
1.
it
oF MANAGERIAL
TO JOIN ANY
I.ABOR
ORGANIZATION; RIGHT OF SUPERVISORY
EMPLOYEES
or
discipline
employees.
Voluntary Recognition
A duly registered employees' organization
shall be accorded voluntary recognition:
1. upon a showing that no other employees'
Certification Election
shall:
1. Order the
conduct
election; and
of a
certification
as the
the
exclusive
rank-and-file
92
alter ego of
0030cc3
'
managerial employees
in
union
company.
3.
organizations.
2.
R.4. e481))
similarly disqualified.
(NATU-Republic
to
regard6@
labor
&hffi3&ployer
the
v.
No.
not
r having
the
not every
managerial,
IS
of
93
LABOR LAW
LABOR RELATIONS
othetwise deal .with each other
atmosphere
rank-and-file emPloYee.
5.
a certiflcate of
registration is
lt
may be
THE
RIGHT TO SELF.ORGANIZATION
to:
(RCDI)
self-organizational
labor organization.
lt referJto acts opposed to workers' right
io organize (Anti-unionism acfs) Without
called
ULP.
It commonly connotes ant i-u nioni sm'
ULP
"""""
involved, subject to compromse'
interest
iiee CtLc E.G. Gochuangco Worker's
CHAPTER I. CONCEPT
1. Any unfair
2.
to
engage
(Azucena,2007)
Nature of Unfair Labor Practices:
1. Ciminal offenses against the State,
2. Violations of civil ights of both labor and
management;
right
"nq.1!:
oU""i""n." ot i CSn, except Arf' 248ltl'
ror
employee
an
dismissing or prejudicing
self-organization.
technically
respect;
DisruPt industial Peace', and
;;;k;*'
is
an
employees and
workers in their exercise of the right to
offense, wnlcn
in
mutual
1. $estrain;
2. Qoerce;
3. piscriminate against; or
4. Unduly lnterfere with
and
freedom
of said union.
Reason: After
of
owtl acprnpr
ing ari4#lldbt
{lb
OF EMPLOYERS
2.
ordinary
Att.249)
MTC/RTC, as the
case may be (Art.
288)
beyond reasonable
doubt (subject to
and
punishment)
the
will be
once
suspended
the
administrative case
has been filed and
would only continue
running once
or
coerce
prosecution
one year from
lnterference
To
self-organization.
members of the
government board,
substantial evidence
1.
Agents,
representatives,
including
the
administrative case
has attained finality.
Final judgment in the
administrative
proceeding finding
that ULP has been
a
committed
is
prerequisite in filing a
criminal case for ULP.
the
and in
with
Examples:
a.
b.
i.
ii.
PurPose of
questioning
iii.
in
administative
proceedings shall not be
binding
in the criminal
requirem
ents prescribed
9s
LABOR LAW
LABOR RELATIONS
interets
of the company
dernand
it
remained
Phils., v. NLRC, GR No. 75704, July 19,
undiminished) (Rubberworld
,989).
2.
Runaway Shop
reasonably
industrial Plant
to
4.
Company-Domination of Union
To initiate, dominate, assist or otherwise
interfere
represent.
of
Forms.'
a.
because:
a.
b.
c.
family.
iii.
and
b.
relationship.
3-
- an
or by laws of
the
union;
Contracting Out
To contract out services or functions being
performed by union
when such
'wijl interfere with,members
restrain or coerce
employees in the exercise of their right to
self-organization.
Does Art. 248[c] mean that an employer
cannot contract out work?
NO. Contracting out services is not ULP
per se. lt is ULP only when the following
conditions exist:
1. The service contracted out are being
pertormed by union members; and
2.
ty of
of dism
exerclse
of their ight to
seff,
organization.
decline
in
business, inadequacy of
equipment or to reduce cost, then it is a
96
leges
under
{.m
of
c.
d.
e.
f.
a.
S.
in the union;
be
Discrimination Distinguished
from
Classification
While discrimination is considered an unfair
labor practice, classification is not because it
accords them the appropriate levels of pay or
benefits due them by reason thereof.
6.
unrelated matters;
Refusal to accept requeststo bargain;
Rejecting a union's offer to prove its
majority claim;
Shutdown to avoid bargaining; and
Engaging in surface bargaining.
8.
Paid Negotiatjon
To pay negotiation or attorney's fees to the
union or its otficers or agents as part of the
collective
any issue
bargaining or any other disputes.
settlement
Discrimination because of Testimony
To
Subject Matter
of
9.
of
in
Violation of CBA
flagrant
and/or malicious refusal to comply with the
economic provision of the CBA (Att. 261).
Testimony: can be
complaint
or
testimony.
ln
effect,
if
consequence
(Mabeza
must have
relation to the employees'
exercise of their right to self-organization. Anti-
18,1997).
7.
ULP.
The burden of
as a
rbdbbh#ffffii#
might
a.
- is an unfair labor
practice of management which usually
takes place by effecting the transfer of
Run-Away Shop
ownership,
equipment,
its
mere
Con
employer
where
exercising
97
LABOR LAW
LABOR RELATIONS
union in good standing as a condition for
continued employment.
2.
Security
Union
Principles of
1. Protection - to shield union members
Clauses/Arrangements
2.
management prerogatives.
Benefits - an additional membership will
3.
special assessrient.
Self-preservation
of union dues
- it
3. Saintenance of
and
strengthens the
of Union Security
to ULP on
Arrangements (Exceptions
1.
4.
Closed-Shop Agreement
must.
.
.
for the
duration
of
the
Exceptions:
a.
v.
b.
c.
d.
An
agreement wherebY
merely agrees
the
emPloYer
Note: This
is
RIDER'
activiti
the
98
MembershiP ShoP
Agreement
The agreement DOES NOT require non-
Different Kinds
the
the
ing
Em
bers at
the
need not
join th
thereafter
hired
$il
7.
or continuation of membership is
Note:
or not.
8.
reasons
leave room
can only
and
of
the
THE
in
representative
5. lt
the
employees;
To cause or attempt to cause an employer
to pay or deliver or agree to pay or deliver
any money or other things of value, in the
nature of an EXACTION, for services
which are not performed or not to be
performed, including the demand for a fee
for union negotiations.
b.
that it is the
for
PROSPECTIVE APPLICATION
be
interpretation
because it is a limitation to the exercise of
the right to self-organization.
Any doubt must be resolved against the
existence of a closed-shop agreement.
have
agreement
2.
3. The
to
not
made
Io
Note:
INTERFERENCE
1.
by
2.
labor
3.
or coercion.
for a
To cause or attempt to cause an employer
to
labor
dispute.
Resulting
em
substantially
and benefrb
99
LABOR LAW
LABOR RELATIONS
and whose benefits are lar below those that
are proMded bY law.
Ju
1,
2.
exaggerated
or
unreasonable proposals.
Whether or not the union is engaged in bluesky bargaining is determined by the evidence
presented by the union as to its economic
ART.
250:
PROCEDURE
lN
COLLECTIVE
BARGAINING
Purpose:
to
encourage
a truly
democratic
!mployer-employee relationship
4.
or the
exclusive bargaining
repiesentative of the employees, incorporating
the agreement, reached after negotiations with
respect to:
1. Wages;
Hours of worK and
other terms and conditions of
employment in a bargaining unit, including
employer
2.
3. All
liio;1.
2.
.CBA
b-e-e1
collective bargaining.
Exceptions.'
of
collective
as refusal
bargaining, to deal and negotiate with the
minority representative to the exclusion of
employer,
iu
r^!Le*a#l$*ly-?-
n'
the
3.
124)
of the Philippines- as
to
President
certification and assumption powers over
labor disputes (Art. 263[g])
100
may
be
5. lf not resolved,
to
TO
BARGAIN COLLECTIVELY
Note: During the conciliation proceeding in
promptly and
expeditiously in good faith for the purpose
of negotiating an agreement with respect
250[d] LC\.
Kinds of Bargaining
1. Single Enterprise bargaining - involves
negotiation between one certified labor
2.
grievances
Multi-employer
bargaining
involves
EXECUTE A
2. To
incorporating
such
CONTRACT
if
agreements
2.
3.
4.
unequivocal.
Negotiatidn Process.
!.xecution Process
signing
agreement.
of
Limitations
1.
b.
c.
2.
7.
8.
not
it or leave it"
posture.
and
ratification.
law.
6.
the
days before
The duty
of arbitral award)
Registration Process.
requisites for registration:
mandatory provisions;
payment ofP 1,000;
5 copies of CBA; and
proof of ratification.
Administration Process - the CBA shall be
jointly administered by the management
and the bargaining agent for a period of 5
a.
b.
c.
d.
e.
years.
28)
Note: Collective bargaining does not end with
the execution of the agreement. lt is a
continuous process. The duty to bargain
imposes on the parties during the term of their
agreement the mutual obligation to meet and
confer promptly and expeditiously and in good
v.
ClR,
1.
Wages;
2. Hours of work;
3. Grievancemachinery;
4. Voluntary arbitration;
5 Family planning;
6. Rates of pay; and
7. Mutual observance clause.
1.
2.
2
which
of the CBA.
longer
be
asa
Bargain
Code; Silva
brJt
Collective
i 261, Labor
scRA 159).
101
LABOR LAW
LABOR RELATIONS
Do NOT Justify
Refusalto Bargain
An emptoyer has been held not guilty of
refusal to bargain by adamantly rejecting the
union's economic demands where he is
OPERATING at a loss, on a low profit margin,
or in a depressed industry, as long as he
continues to negotiate. But financial hardship
constitutes no excuse for refusing to bargain
Economic Exigencies
committing ULP.
collectively.
of an adamant bargaining
2. Refusal to bargain over demands for
commission of ULP;
3. Refusal to bargain during period of illegal
strike;
4. There is no request for bargaining;
5. Union seeks recognition for an
inappropriatelY large unit;
6. Union seeks to represent some persons
who are excluded from the Code;
7. The rank-and-file unit includes
supervisors;
8. The demand for recognition and
bargaining is made within the Year
1.
Adoption
9. The
Deadlock
Deadlock or
lmpasse
1.
require assent
e eff ort
ln
1.
to the Point of
demands.
Bargaining
mandatory,
proposals.
andffiffiffif,t|"&
4ft.
effecti
102
remaln
the
parties as
reached by
1.
2.
of labor unions.)
TERMINATE
OR MODIFY
THE
AGREEMENT at least 60 days prior to its
3. A
an
3.
obligation; or
The sale or transfer is made in bad faith.
laller (lbid).
r
o
fte CBA
years. (F
*i"$"$'i [j],#;";trft
g *ue,x'apnn#
Es }n q,l"gdsirj
validly
103
LABOR LAW
LABOR RELATIONS
of
othet
1. lf
the
bargaining unit, the parties have to decide
the CBA's effectivity date.
Those made within 6 months after the date
of expiry of the CBA are subjed to
day
automatic retroaction
immediately following such date of expiry.
to the
1.
(ECONOMTC
PROVISIONS may
be renegotiated not
later than
three
if there is
an
holding
cedification
election
non-representation
aspect
60-day
period, immediately
certification
elec-tion may be
provisions entered
to issue
injunctions or restraining orders
1. NLRC or any division. (Att. 218)
2 President. ln case of labor dispute in
industries which are indispensible to
national interest. (Att. 263)
3. Secretary. ln case of labor dispute in
industries which are indispensible to
The following are authorized
national interest,
the
Secretary may
the dispute or
Rub-S "&fu
dbffi,ffi*irts are
the CBA.
within 6 months
from the expiry of
their term as fixed
in the CBA
shall
{9,
Note:
parties
court
third
secure a
their
L-25171,
144
3.
DECISION-MAKING
ART.
to
pafticipation
in
(R.A.
6971).
FOR
CERTIFICATION ELECTION
questions,
by a union, provided:
1.
2.
organization
for
purposes
of
collective
bargaining.
Exceptions:
1. Supervisory employees who are allowed
to form their own unions apart from the
2.
{Att.2s1).
Certification Year
refers
to the period
which
exclusive bargai
ni
ng representative.
enter into
a.
b.
1.
2.
105
LABOR LAW
LABOR RELATIONS
.
.
3.
Seasonal; and
Probationaryemployee.
Things
to
Gonsider
ln Determining
3.
determining earnings;
Similarity in employment benefits, hours of
work and other terms and conditions of
employment;
Similarity in the kinds of work performed;
4.
5.
A
7.
8.
9.
of
4.
'
conciliation
5.
or
arbitration
or
lockout to which an
or certified bargaining
agent is a PartY.
ln case of an organized establishment,
failure
to
B. Consent Election -
voluntarily agreed
upon by the parties with or without the
intervention of DOLE.
each other.
To
when:
1. Employer voluntarily recognizes the
agent of all
employees in
Nature
determining the
administrator of the CBA
when the contracting
is NOT A
the purpose of
determining the
bargaining agent for
of collective
certification election
legal
2.
106
had
2.
or
incumbent
A.
thereof is pending.
A duly certified union has commenced
and sustained negotiations with the
employer or there exists a bargaining
deadlock which had been submitted to
strike
or
interchange
contract
Frequency
among the employees;
Common supervision and determination of
labor-relations policy;
History of previous collective bargaining;
Desires of the affected employees; and
Extent of union organization.
entry of
the
2.
Petition was
lu
ntary;&da*b&ifrffie- tn"
5m
2.
chartered local.
duplicate
copies of:
of
voluntary recognition;
Certificate of posting of joint statement
for 15 consecutive days in at least 2
the
conspicuous
establishment of the bargaining unit;
places in
c.
d.
organization
operating within the bargaining unit.
All accomplnying documents of the notice
for voluntary recognition shall be certified
under oath by the employer representative
and president of the recognized labor
3.
union.
4.
Effect
of
Employer
by
the
employer, the labor organization is recognized
by the employer as the exclusive bargaining
agent which may collectively bargain with such
employer.
##{i',&
r'q;"'ii| - La
i 4r'.iJ *t;
ii!*'
e..P a.r
t- f L'
L ;arli!
to7
LABOR LAW
LABOR RELATIONS
Distinctions
Purpose is
of
is
Regional Director
bargaining
designated by the
to superv'tse the
election
Nde:
union
determining the
for
Purposes of
collective bargaining
cat
Certification Election ln an
r
r
108
is
Ser&ebu
@ollt;ge
dj[.m
1.
2.
When there
is no
labor
Requisites before
The
employer's participation
in
such
union.
2. ln
of
Certification Election
Run-Off Election
1.
3.
4.
5.
2.
3.
4.
5.
o_
contracting parties;
lt must contain the ferms and conditions of
employment;
an appropriate
Covered employees
bargaining unit;
It is for a reasonable period or duration;
It must be ratif,ed',
and
It must
Rule or
in
ln all
The
agreement
the following
109
LABOR LAW
LABOR RELATIONS
2.
3.
the
RegionalOffice.
The CBA is inadequate or incomplete, l.e.,
it does not contain all the substantial
of the
OF
agreement
was
premature,
proper time.
of
4.
Withdrawal
5.
affiliation
the
from the
of
7.
6,
9.
1989)
8.
6.
2.
a.
b.
c.
union.
Employer submits
adopts
be
agent
to
faith
the
nobte
Nature of
110
binding on
the larger
corporation, where
industrial peace.
VOLUNTARY ARBITRATORS'
of
to promote a
friendly dialogue between labor and
management as a means of maintaining
Voluntary
corporation's plant.
ARBITRATORS
1.
2.
contractual
proceedings where parties to a dispute select
a judge of their own choice and by consent
for
submit their controversy
determination.
application
machinery (regardless
of
name) can
be
established.
1.
2.
contract,
or
and
alleged
2.
3.
4.
CBA;
enforcement
of
company
Personnel
policies;
of the
to him
the CBA.
OF
Arbitrable Disputes
Arbitration
OR PANEL
6071.
ref
fry
il *s
lloctine
toa
the
which
111
.LABOR LAW
LABOR RELATIONS
4.
5.
Certiorari Applicable
accredited
the Board
by
as
a
person named
or designated in
such or
instrumentality (Sec.
their
chosen with or by
the
parties,
selection
procedure
UNION ACTIVITIES
agreed upon in
the CBA, or any
official
ART.
authorized
by
of
act as
the Sec.
Labor to
Arbitrator upon
others.
written request
and agreement
labor dispute.
A mediator
renders no final
and binding
lnformal
proceedings;
Arbitrator
decision
determines
and
Rules
of
Rules
Evidence
and the
merely
on
admissible
evidence.
suggesb
apply.
solutions.
Formal
proceedings,
what
Court
He
suggests that
parties submit
the issue to an
arbitrator.
Arbitators are
not obliged to
follow
precedents set
Judges are
required to
observe
stare
declsrs.
$3$oitions
in
similar cases.
Appeal b to the
CA under Rule
43 of the Rules
of Court.
Appeal is
JudicialReview
Grounds: {JADES)
Lack of iurisdidion;
to
higher court
under the Rules
of Court and
8.P.129.
Ltz
or the association or
of persons in negotiations,
fixing, maintaining, changing or arranging the
terms and conditions of employment,
employment
other
arbitrations
1.
usually
by
Voluntary
of parties to
263:
LOCKOUTS
iF
t^;r'i
$ln Sels
@ollege of
ltsto
employer
of
is
prohibited.
Similarly,
Strike-Breaker
bargaining.
speech.
61 8-1
I,
Types of Strikes
1. Economic strikes - used to secure the
economic demands such as higher wages
and better working conditions for the
2.
workers.
ULP strike
management.
March 1 3, 2ffi9.)
A.LR.77)
113
LABOR LAW
LABOR RELATIONS
lllegal: Fails
to
of
grievances
the
employer.
Primary
Strike
refers
to a
strike
stike.
employers involving
labor
dispute
declare
an
economic 2.
Secondary Strikes
of
and
No
mandatory.
- to make a
political rally.
Quickie Strikes
labor
the notice of
employee.
The legitimate
organization in behatf
of its members.
involved.
5.
ng
ke or
out is
Char
1.
There
Er-Ee
and the
person/s
tL4
strike is called;
Ssn EeDs
d Leto
@ollege
2.
means
of
compliance
3.
persuading
or
coercing
men's
demands;
the
4.
suspension;
There is work stoppage, which stoppage is
temporary;
The work stoppage is done through the
concerted action of the employees, and
5.
6. fhe striking group is a legitimate labor
organization,' and
deadlock,
in case of
is the
be taken where a
majority vote of the members of the union
must approve ii, obtained by secret ballot
in a meeting duly called for the purpose; or
a lockout vote must be taken where a
majority vote of the members of the Board
of Direc'tors of a corporation or association
or partners in a partnership, must approve
bargaining
employees' sole
bargaining representative.
Non-Stri keable lssues (NILAW)
(Article 263 (b); Dept. Order no.
9, Rute 12,
Sec.2)
1. Violations of CBA which are lrot gross in
character shall be resolved via the
5.
4.
5.
Labor
is
lockout, which is essential to the
as
strike or lockout;
a.
b.
Grievance Machinery;
6.
7.
Except
in cases of union
busting, the
:;"t. I
'-l fl1;-:.p\
A notice must be served to the NCMBDOLE at least 24 hours prior to the taking
of strike or lockout vote by secret balloting,
informing said office of the decision to
conduct a strike or lockout vote, and the
date, place and time thereof,
115
LABOR LAW
LABOR RELATIONS
Labor Code
period?
68).
states that
a.
b.
c.
filed
conduc;ted
and
is
results
disregards
c.
3.
if the strike
bY violence which
declared illegal
is
is
widespread, pervasive and adopted as a
accompanied
be:
i.
ii.
Note: The
the
MEETINGS OR REFERENDA
called for the purpose.
lar#ffi$xr###&cur
d.
to
conduct
strike must
at
least
11.5
4.E
its
tof
5.
Declared
in
violation
of an
existing
injundion;
c.
6.
7.
Strike
in
violation
of
assumption or
certification order.
Contrary
to an existing agreement,
as a no strike clause or
such
conclusive
arbitration clause.
'
8.
9.
power
2.
a union
strike is illegal if
staged without giving the employer
reasonable time to consider and act on the
demands made by the union (Almeda vs.
ctR, 96 Phit 306)
for
by the
Secretary or certified to the NLRC even before
the actual staging of a strike or a lockout since
Article 263 of the Labor Code does not require
the existence of the strike but only of a labor
dispute involving national interest.
1.
locked-out employees
which is not
Certify
2.
legitimate
of
Strike staged by
indispensable
3.
and
lockout. *,*i*srffir;**s*u*.
the eff$b& pF
ffi*ffirynption
for
in the
ica's
58, June
117
LABOR LAW
LABOR RELATIONS
3.
4.
Exceptions.'
9, 19e2).
reinstatement:
1. Union officerswho knowingly participate in
an illegalstrike; and
Any striker/union member who knowingly
participates in the commission of illegal
acts during the strike.
2.
work as
1.
1.
for
2.
to
an effective
SKELETAL
WORKFORCE of medical and oiher health
personnel for the duration of the strike or
2.
locking-out employer
maintain
Exceptions:
any
backwages.
lockout.
Secretary
af
UNCONDITIONALLY OFFERED TO
RETURN TO WORK, but the employer
refused to accept the otfer {e.9. "we will
return tomorrou/' and NOT "willing to
retum provided).
Labor Organizations
NO labor organization
br
employer shall
nst.
H P,SkR+U,
baclarvages
{"-.*\\"r'
9r
4.
{,}F
5.
by the employer.
When reinstatement is no ionger possible.
LL8
consequence
of
the
Third
impede
Sw
1. Any peaceful
picketing by employees
during any labor controversy or in the
2.
Employers
and even
to
crirninal
1.
a return-to-work
order,
or a
certification or
2.
a.
b.
c.
and will be permanently barred from reentering the country without the special
permission of the President of the Philippines.
lf the act at the same time is a violation of the
Revised Penal Code, a prosecution under the
2.
3.
1.
,or
intimidation; or
Obstruct the free ingress to or egress from
employe/s premises
lawful
purposes; or
Obstruct public thoroughfares.
the
Rule
on
for
Defiance
of
Assumption or
DOLE
unlon
offer,
return
iately
shall
Reduced
conducted by
referendum
the purpose of
tLg
LABOR LAW
LABOR RELATIONS
determining whether or not the reduced offer
of the union is acceptable to the board of
directors, trusteeS or partners. When at least a
majority of the board of directors or trustees or
the partners holding the controlling interest in
the partnership, vote to accept the reduced
offer, the workers shall immediately return to
thereupon
readmitthem upon signing of the agreement.
whether
and parhers.
2. To ascertain the
majority
of the union
real
of the silent
of the
union
members on sfike.
members on strike.
of the
lockout.
detain
union activities
Reinstatement, and/or
Payment of baclorvages.
What
the
following cases:
Any person who obstructs the free and
lawful ingress and egress from the
employe/s premises or who obstructs
public thoroughfares.
a.
b.
1.
2.
Forms of Reinstatement
1. Actual or Physical Reinstatement - the
employee shall be admitted back to work.
2. Payroll Reinstatement - the employee is
merely reinstated in the payroll.
Employee
Reversal
of Labor
na$,*rrb;
Labor Disputes)
the
the
ts
for
actual
refund (
33,
120
need of
142732-
$ur 6e!s
6ot[ege of
{'e
of
his
has
not
prejudice
technicalities
of
the
employee, because
law and procedure are
2.
J,
4.
o
7
v.
of
to
each other,
bad faith
imputations
serve as a
effectively
not
could
reinstatement
remedy. This doctrine applies only to posrtrons
Prejudiced
1.
but
2.
4.
there
the
reinstatement;
It will not serve a prudent purpose; and
That there is a resultant strained relations
available?
if
bY
Company
3.
happens
will be
is an order of
Reinstatement but the position is no longer
lMat
is
feasible,
As employer's statutory obligation in cases
of legal termination due to authorized
causes under Arf. 283 and 2M;
As financial assistance, as an act of social
justice and even in case of legal dismissal
under
Art.282
4' 2001)
How Computed
Under existing law, backrrvages is computed
from the time of the iltegat dismissal up to time
is no
of actual rei'
1e92).
reconciliation are
1.
Trans
L21
LABOR LAW
LABOR RELATIONS
leave and
shoes,
or personal use.
management
employee
prerogative is limited by the Labor Code which
is
ART.
Allows the
the
same
employee
unjustly employee to recover from
dismissed to the position the employer that which
which
was he had lost by way of
removed i.e. to his status wages as a result of his
ante dismissal.
dismissal.
was
but this
the
Restores
to Secuity of
tenure?
he
280:
EMPLOYMENT
Separation
pay
paid Backwages
is
1.
paid
he .not
Regular Employment
dismissed.
up
actual reinstatement,
if reinstatement is
service.
Paid as a wherewithal
assistance during
the
period that an
us looking for
b.
perform
engaged
activities which are usually necessary
or desirable in the usual business or
trade of the employer, or
Has rendered at least one ('1) year of
dismissal
employment.
to
a. Has been
been
and
reinstatement.
netwe&.parti
dtl
Hrtffi
ivity
Monetary awards
to
illegally dismissed
OFWs
obligations
t22
the
at the
to the
ich
the
Sw
@ebs 0ollege of
i[.sb
b.
2.
and
employee.
the
b.
.
employees
Datu
No.
Purpose:
constitutional guarantees
projects to be undertaken.
September 5, 1991).
3.
Project Employment
b.
E m pl
o#bkrdst$kvB
the
S.e
etion
of
likewise
of
employee.
Where
construction
of
CA, GR
of the
regular employment
attaches to the casual employee who
has rendered at least one (1) year of
service, 'whether such seMce is
continuous or broken, with respect to
the activity in which he is employed
and his employment shall continue
while such activity exists.
A casual employee is only casual for
one year, and it is the.passage of time
that gives him regular status
a
(KASAMMA-CCO v.
The status
usual
duration must
Gasual Employment
employer.
to the
a.
indispensable
c.
employment
of
project
Disti
ec't or
underta
specified
engaged for that
which are
L23
LABOR LAW
LABOR RELATIONS
Entitlement to Separation Pay
General Rule: Project employees are NOT
entitled to separation pay if they are
terminated as a result of the completion of the
project or any phase thereof in which they
project
or
undertaking which
or
is
usuatly
tt
employee.
period of time.
4.
v.
because hb
SeasonalEmployment
employees
between
2.
the
particular
Milling
activity
employer; and
Seasonal workers who are repeatedly
engaged to perform the same tasks
for more than one season. (See
Hacienda Fatima
National
Federation
Sugarcane Workers-
as regular employees:
of
ys.
in deciding whether a
b.
the
is
or
usual
employer
NLRc.ffiR{ W{i@224,
xr
il:,
j,,,r
il;l
i.*"er'vt'q
isa
the
the
the
or
casual
5. Temporary
a.
Fixed-Period
Employment
L24
a regular employee
Ser
2.
being
dependent on a specific project or season,
and (3) they worked for more than one
year,
Probationary Employment
be
the
Exists where
the
employee the standards under which he will
qualify as a regular employee at the time of his
engagement. Where no standards are made
known to the employee at that time, he should
be regarded as a regular employee.
Characteristics of ProbationarY
Employment
e.
,he
2009.)
1.
2.
3.W
4.
When
of the
by
nature
1?q
LABOR LAW
LABOR RELATIONS
2. lf a particular
Private Schools.
Extension of Probation
The employer and employee may extend by
agreement
the
probationary period of
of
v.
Hon.
Double
ot
is
Failure
NOT
1.
4.
law.
Successive Probation
Allowed
2.
3.
to
Guidelines
to
Termination:
1.
for
Just Gauses
1. Serious Misconduct
PROCEDURAL
transgression
to
is
to terminate
subject to the
following limitations: First, this power must be
exercised in accordance with the specific
requirements of the contract. Second, the
dissatisfaction on the part of the employer
probationary employees
Cooperative (DACODECO)
vs.
Marilyn
L26
of some
established and
$sn
NLRC, GR No.
Examples:
a. Sexual harassment
b. Fighting within companit premises
c. Uttering obscene, insulting or
offensive words against a superior
d. Falsification of time iecords
e. Gross immorality
2.
b.
been willful
or
intentional, the
wilffulness being characterized by a
"wrongful and peruerse attitude"; and
The order violated must have been:
Reasonable and laMul;
Made known to the employee;
i.
ii.
and
iii. ln connection to the duties
discharge (Acesite Corporation,
et. al v. NLRC, GR No. 152308,
January 26, 2N5).
employee
of the
right
to
refuse
an
128W6,
3-
a.
110388,
February 2, 2000)
4.
normal fulfillment
Commission
of an
of fraud by an
obligation.
emploYee
b.
and
Examples
Breach of trust
Sec. 4343.01[27]).
of
1ee6).
be
of
ii.
reason;
L27
UIBOR IAW
LABOR RELATIONS
5.
1.
a.
Pre-Notice
on the
b.
6.
employment
side;
Post-Notice
- a
written notice of
employer is lacking.
Analogous Causes
Must be due to the voluntary and/or wilfful
act or omission of the employee (Nadura
v. Benguet Consolidated, GR No. L17780, August 24, 1962).
Examples
and
his
2.
Hearing
or
Conference
a hearing or
desires,
respond
2. Any employee,
3.
4.
Violation
NLRC.
stipulated
248[e].
rs
a
128
as
considered
13,
1.
1e92).
1.
2.
2.
3.
the
managemerfi prerogative.
The ruling in the JAKA case was also modified
in lndustrial Timber Corp., et. al. vs. Ababan,
et. al., GR No. 164518, March 30. 2006. This
case subdivided the di3missal for authorized
causes into 1) due to losses and 2) not due to
losses. lf the authorized cause that terminates
employment arises from losses, the penalty to
the employer who disregarded due process
may be lighterthan if the authorized cause has
no relation to losses.
2.
3.
4.
5.
1.
2.
a.
i. A
notice)
of
so
'to
Preventive Suspension
An employee may be placed under preventive
his
the
due
the
have
justify
his
L29
LABOR LAW
LABOR RELATIONS
b.
effectivity
of the
5.
termination,
termination.
possible,
position.
notice is required
d. For
termination
c.
d.
e.
f.
g.
h.
i.
j.
to
authorized
caruses
is
the
6.
is no evidence of
is
to
lapse
of season
in
contractual employment.
Termination due abandonment
Termination due to closure or stoppage of
work by government authorities.
130
caus+lt
Termination due
probationary employment
m.
substantially equivalent
to a
dismrssal is illegal.
Termination due
non-existent cause
to
be
for
Termination without
of
probationary
employment based on failure to meet
the standards of employment-written
the
notice must
served
a.
b.
Termination
c.
utrc l,fitrpli
Doctine).
2.
objectively and
3.
2. The
redundancy (Dole
alv. NLRC, et. al).
3.
Retrenchment (Downsizing)
a.
to
cut
of
b.
to
year of service;
its
circumvent
PREVENT
REASONABLE CRITERIA
termination from
in
'
2005).
There
prevent
employer;
the ground of
00c0009
is NO need for
investigation and
and
General Standards
of
Retrenchment
(srNS)
1.
2.
3.
4.
reasonably lmminent,
can
be
#effi
x-,,rrfv
1.
Retrenchment is REASONABLY
NECESSARY and likely to prevent
business losses, which, if already
incurred, are not merely de minimis,
but substantial, serious, actual and
to
deter
enjoy
131.
LABOR LAW
LABOR RELATIONS
c.
retrenched
with benefits or be
dismissed
Retrenchment vs.
purposes
company
decides to reorganize its
departrnents by imposing
one
on employees
department the duties
performed
the
Employer reduces the employees of the other
number of its personnel
thus
prevent
order
unnecessary
rendering
his
turther losses
the job of the latter, the
business operations.
the
whose
functions are now being
performed by the former,
validly
economy
entitled
the
business
an establishment and the
only part of a company's
complete cessation
operation of
cessation of
business (Cheniver Deco Print Technics
Corp. v. NLRC, GR No. 122876, February
17,2ffi0).
of
by
to
in
Does
nst
require
proof
departnent,
actual
in
of
or
imminent
loss
seMces of
employees
may be
of all
5.
Disease
Regur.sifes:
of REDUNDANCY.
a. The employee
is
suffering from
disease
4.
close or cease
operations should be made in good
a. The decision to
faith.
b. The purpose
circumvent
the
be to
ol Title I
should not
provision
c:'
Termi n at i on of Em p I oyment
c,
operations.
a.
Where closure
is due to
serious
b.
1996)
t32
must be
Ssa Felu
@ollege of
Arb
be
it
would
sanction the unilateral and arbitrary
determination by the employer of the
gravity or extent of the employee's illness
and thus defeat the public policy in the
3.
Rules on
to at least one
Equivalent
of
is
month pay
or at least one
for
every year
of
service,
employment;
4. Completion of project in project
employment;
5. Failure in probation;
6. Relocation of business to a distant place;
7. Defiance of return-to-work order;
8. Commission of illegal acts in a strike;
9. Violaiion of contractual commitment; and
,
10. Retirement
lf
due
to
severe
business
Corporation
scw721).
v.
NLRC, 254
Purpose:
to
enable
it to
ascertain the
2.
days prior
termination;
133
LABORLAW
LABOR RELATIONS
the
employer
at
in
advance.
19, 1e91).
of his fault
or culpability.
employee terminated
Asarule,adismissed An
for authorized cause is
employee is not entitled
entitled to separation
to separation pay.
pay.
Before an employee is
employee to be
dismissed for just cause,
a written
terminated
he must be given ample notice at least 1 month
opportunity to be heard
before the intended day
and to defend himself.
of termination.
for
damages.
2.
d.
policy
(tbid )
lntention to Resign
have
such
made
representative
(sucA)
c.
b.
a.
by
the
employer or his representative;
Commission of a Crime Or Offense by
the employer or his representative
against the person of the employee or
any of the immedrate members of his
family; and
Other causes gnalogous to any of the
foregoing.
Dismissal
Today lnc.,
Constructive Dismissal
Termination of employment by
the employer
Resignation
Termination of employment by
the employee.
Voluntary Resignation
Defined as the act of an employee, who finds
himself in a situation in which he believes that
personal reasons cannot be sacrificed in favor
of the exigency of the service; thus, he has no
other choice but to disassociate himself from
his employment (Alfaro v. CA, GR No. 140812,
August 28, 2001).
134
ts
to
$en #ebl
@ollege of l"otn
26,
2001.)
SERVICE
Temporary Lay-Off
ART.287: RETIREMENT
of
be
THE
Concept of Retirement
It is the result of a bilateral act of the parties, a
consents
NOT
DEEMED TERMINATED
19,
19e9).
Coverage ot Art.287
Applies to all employees in the private sector,
regardless of their position designation status
and irrespective of the method by which their
wages are paid, except those specifically
exempted.
2.
Floating Status
The "floating status" of an employee should
Service Laws;
Employees of retail, service and agricultural
operations regularly
establishments
employing not more than 10 employees.
or
31,
1989).
Notice Required
failure
of the employer to
observe the
1.
2.
3. one that is
voluntarily given
by
the
s., GR No.
A9ffi;,*,,,fth#Hffi#
reti
*irfFPtr e*Ftl::ff
to
whose
they
13s
LABOR LAW
LABOR RELATIONS
have at least served for a period of
(Att. 287 as amended by R.A. 8558).
5 years
the
and
.
r
to
for
employee's intent
analysis.
retirement
Upon
of
compulsory retirement
an
No.
168927,
August 6, 1990)
Benefits
retiree
is
entitled
to a
retirement pay
ART.288: PENALTIES
for
Unless
o
e
and
the
RATSE
2.
3.
2.
3.
ten
employees or workers;
Government employees; and
in
r|6
are
Criminal
wg*5i,f,;Aft#{fui*nale
of
the
fine
"a)frffi*.*r}aa}l
lll.
thereafter
be
punished accordingly:
1. Article L A fine of not less than P 1,000 nor
more than P 10,000
Article ll lmprisonment of not less than 3
months nor more than 3 years; or
Article
and
Both such
imprisonment at the discretion of the court.
Ai
also
of
I.et!
Periods of Prescription
accrual of
years
Branch
137
138
LABOR LAW
LABOR RELATIONS
Tables of Jurisdiction
Decisions
1, ULP;
2. TerminationdisPutes;
3. lf accompanied with a claim for reinstatement, those that workers flle involving wages,
rates of pay, hours of work and other terms and conditions of employment;
4. Claims for aclual, moral, exemplary and other forms of damages arising from Er-Ee
relations;
5. Cases arising from any violation af M. 264, including questions involving the legality of
strikes and lockouts;
6. Except claims for EC, Social Security, Philhealth and maternity benefits, all other claims
7.
8.
L
arising from Er-Ee relations, including those of persons in domestic or household service,
involving an amount exceeding P 5,000 regardless of whether accompanied with a claim
for reinstatement;
Monetary claims of oversec contract workers arising from Er-Ee relations under Migrant
Workers Act of 1995;
serious errors
in
Labor
or
lf
of
abuse of discretion;
Reconsideration
is
an
the
ConcurrentWith NLRC
1.
;;*.+
Contempt cmes
Note: Although the provision speaks of Exclusive and Original Jurisdiction of Labor Arbiters,
the cases enumerated may instead be submitted to a Voluntary Arbitrator by agreement of the
i';
+3Li
i.^t{:3h_t_ {,4.i*
Contemptcases.
2.
within
days from
the
'
APPELLATE
TION
order,
decision on
palpable or
by
the
APPEAL
of the NLRC
may be elevated for
Decisions
of
judgment, order or
resolution sought
to
be
1.
2.
2.
3.
3. Upon agreement of the parties, other labor disputes including ULP and bargaining |
4.
and
Note: "All other disputes" under Arl. 262 may include termination disputes, provided that
the agreement between the parties states in unequivocal language that they conform to
the submission of termination disputes and ULP to voluntary arbitration. This is so
because termination disputes are generally within the exclusive and original jurisdiction of
Labor Arbiters by express provision ol law (Vivero v. CA, 344 SCRA 268, 2000).
5m
@ebs @ofleqe
otIslo
of jurisdictitrur.
i+ iri *l
diqCretiqn; ...{
nqf
qdfub
bf66duf
4"
ti.rt,i.iii"i"t]iM
ofthe
1997
r4a
TABOR LAW
LABOR RELATIONS
petitions for
of union
registration, if filed with
ln
1.
2.
3.
cancellation
lnter-uniondispute;
lntra-union dispute; and
Other related labor relations disputes.
NOTE: E.O, 251 OF 1987 removed from the jurisdiction of the BLR "all" labormanagement disputes. The effect of E.O. 251 is to kansfer to the NCMB the mediation,
Prima
f*ie
evidence of
abuse of discretion;
or
bMaer
&W.br
fraud or
ano
&Zt1S
NOTE: The jurisdictional limitation imposed by Art. 129 on the visitorial and enforcement
powers of the Regional Director under Art. 128[b] of the LC has been repealed by R. A. No.
7730. ln other words, the P 5,000 limit in Art. 129 does not apply to the exercise of power
under Art. 12$bl (Guico v. Sec. of Labor, GR No; 1 31 7 50, November 1 6, 1 998).
Labor
receipt
upon posting
sure-Qqpnd in
qqouni'tquigaffio the
ffihetary AW'in the
ii3*ois#i6-?iihd iirderaffidd#om (R.A.
"reffi#gh ffiMkmb t?l#isn to Art,
.AVffi
of"frg$tig,gs
3.
Cases involving recovery of wages and other monetary claims and benefits, including legal
interest provided that the claim is presented by an employee or person employed in domestic
or household seryice, or househelper, the claim arises from Er-Ee relations, the claimant does
not seek reinstatement and the aggregate money claim of each employee or househelper
does not exceed P 5,000.
the Secretary of
Mhi1 5 days from
award was
hd*
tf \tt
findld
whicQ
rrrepq
to the
-m
4inffi
prr
rrrvrreJ
St claim for
p'
w
ffi
&
and
pses P 5,000
B appealable
within 5 days
the
rt of
APELLATE
Cancellation of registration of federation or National union by the BLR;
Denial of application of registration of federation or national union by the BLR;
Decision of BLR in lnterilntra Union dispute; and
Decision of Med-Arbiter in Petition for Certification election.
Sm &e[o
@olloge of
Lelo