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Labor Tips

Portal Pay before or after 8 hours of work. Does not need permission.
Overtime Pay- need consent of employer
Dating Relationship acts against violence
Battered Woman Syndrome
Labor Relations
1, Instances where reinstatement not proper
a. strained relationship
b. closure of business
c. transfer for innocent transferees
d. economic recovery
e. abolition of position
f. conviction for a crime
g. fiduciary relationship kulayot doctrine
2. Item to compute
Backwages and separation
Basic Salary
Transportation
Facilities not included
3. Period covered by backwages
From date of dismissal to actual reinstatement
From date of dismissal up to finality
Decision in illegal dismissal
4. Agabon Doctrine vs Serrano not totally abandoned
5. Notice to explain and notice of termination
6. Why pay nominal damages
7. Onus probandi an employer degree of proof is substantial evidence
8. downsizing - Retrenchment vs. Lay off
9. Lay-off due due to lack of work. Notice to DOLE and employee. Reasonable criteria. Proof
of alleged loss of financial.
10. Termination due to disease
-must be certified by duly recognized government doctor
-disease is incurable for six months
-1/2 month pay/year or 1 month pay whichever is higher
11. Resignation
Forced resignation vs. Constructive resignation

12 Retirement either under CBA or contract of employment


In the absence of stipulation:
1 month salary = 15 days +1/12 of 13th month pay plus 5 days incentive leave pay
Llora Motors Doctrine + the grant of inceptive leave
13. if upon attaining 60 years of age, no more reinstatement
Avail of full Backwages and separation pay instead
14. Effect of retroactivity of CBA (3) under RA 2538
1. Date of expiration of previous CBA ( St. Lukes Case)
2. Date where Secretary of Labor resolve the labor dispute
3, IN arbitral award subject to DOLE secretary discretion ( LMG Case)\
15. Right of registration of union
16. Why need of registration a valid exercise of police power to protect the public.
17. Effect of registration of labor organization rights of labor union
18. Where to file
Local Union Regional office to be processed by Labor Relations Division
National Union Regional office
19. Captive Unionism employee setting friendly union
Initiate
Dominate
Interfere
Administration
20. Powers of Nominations
Supervisory assistance/ person of
Passivity of the union/ no intent of union to negotiate
Initiation of company idea
Financial support by employer to union
Employee encouragement assistance
21. Agency Shop- Agreement/ Maintenance of Treasury Property
1. Responsible
2. Accept Benefits of CBA
3. Individual authorization not required to non- members
22 Featherbedding form of extortion by employee to employer
23. Boulwareism take it or leave it

24. Contract Bar Rule


25. Principle of CBA continuity if no agreed CBA after the lapse of CBA
26. Bystander rule
27 Motion for intervention
28. Petition for Certification Election
29. Grounds to dismiss Petition for certification election despite 25% requirement. ( CO- ONCOA)
30. Strikes vs. welga ng bayan provided what is petition is the government not the employer
31. Right of strikes
32 Prescriptive Power? Compulsory power of arbitration Art. 263 (8)
33. In migrant workers 90 days to decide by Labor Arbiter
In ordinary jurisdiction of the Labor Arbiter- 30 days to decide
34. Writ of injunction/ TRO ex parte
35. Speedy Labor Justices (Art 221)- minor can file complain. Technical rules are not strictly
applied.
36. Appeal within 10 days with exception of non-forum shopping (NLRC Rules)
37. Requirements for posting of reduce cash bond.
38. Inter-union Conflicts
39. Run-off election
40. What is Charter Certificate
41. Labor-Only contracting
Length of service is overshadowed by the gravity of the offense. Dismissal is too harsh a penalty.

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