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BOOK FIVE

LABOR RELATIONS
Title I POLICY AND DEFINITIONS
Chapter I- POLICY
1. What are the policy objectives of our labor relations law?
Art. 211. It is the policy of the State:
A.
(a)
To promote and emphasize the primacy of free collective
bargaining

and

negotiations,

including

voluntary

arbitration,

mediation and conciliation, as modes of settling labor or industrial


disputes;
(b)

To promote free trade unionism as an instrument for the


enhancement of democracy and the promotion of social justice and
development;

(c) To foster the free and voluntary organization of a strong and united
labor movement;
(d)

To promote the enlightenment of workers concerning their rights


and obligations as union members and as employees;

(e) To provide adequate administrative machinery for the expeditious


settlement of labor or industrial disputes;
(f)
(g)

To ensure a stable but dynamic and just industrial peace; and


To ensure the participation of workers in decision and policy
making processes affecting their rights, duties and welfare.

B. To encourage a truly democratic method of regulating the relations


between the employers and employees by means of agreements freely
entered into through collective bargaining, no court or administrative agency
or official shall have the power to set or fix wages, rates of pay, hours of

work or other terms and conditions of employment. Except as otherwise


provided under this Code.
2. Employer- employee relationship must exist so that labor
relations law may apply within an enterprise. What factors
determine the existence of such relationship?
(a.)

Payment of Wages

(b.)

Selection and engagement of the employees/ Hiring

(c.)

Power to dismiss/ Firing

(d.)

Power to control the employees conduct

3. What are considered labor disputes? What are the available


remedies?
Labor dispute includes any controversy or matter concerning terms or
conditions of employment of the association or representation of persons
in negotiating, fixing, maintaining, changing or arranging the terms and
conditions of employment, regardless of whether the disputants stand in
the proximate relation of employer and employee.
Kinds of Labor Disputes
Labor Standards Disputes:
(1)Compensation Ex.: Underpayment of minimum wage; stringent
output quota; illegal pay deductions
(2)Benefits Ex.: nonpayment of holiday pay, overtime pay. Or other
benefits
(3)Working Conditions Ex.: Unrectified Work Hazards
Labor Relations Disputes:
(1)Organizational Right Dispute/ ULP Ex.: coercion, restraint or
interface in unionization efforts; reprisal or discrimination due to

union activities; Company unionism; ULP strike or lockout; union


members complaint against union officers
(2)Representation Disputes Ex.: Uncertainty as to which is the
majority union; determination of appropriate collective bargaining
unit; contest for recognition by different sets of officers of same
union;
(3)Bargaining Disputes Ex.: Refusal to bargain (ULP); bargaining in
bad faith; bargaining deadlock; economic strike or lockout
(4)Contract Administration or Personnel Policy Disputes Ex.:
Noncompliance with CBA provision (ULP if gross noncompliance with
economic

provisions);

disregard

of

grievance

machinery;

nonobservance or unwarranted use of union security clause; illegal


or unreasonable personnel management policies; violation of nostrike/ no-lockout agreement.
(5)Employment

Tenure

Disputes

Ex.:

Non-regularization

of

employees; non-absorption of labor-only contracting staff; illegal


termination; non- issuance of employment contract.

Remedies for Labor Disputes are:


A. Grievance Procedure
B. Conciliation (to draw together)
C. Mediation (to be in the middle)
D. Enforcement or compliance order
E. Certification of bargaining representatives
F. Arbitration
G. Assumption of jurisdiction
H. Certification to NLRC

I. Injunction
J. Judicial Action
K. Appeal
L. Review by Court
M. Compromise Agreement