LABOR II

GENERAL PRINCIPLES 4. Participate in policy and decision-making processes

Labor Relations affecting their rights and benefits as may be provided
 Interactions between the employer and employees or by law.
their representatives and the mechanism by which the  On the other hand, Labor Relations Policy under Art 218 of
standards and other terms and conditions of the Labor Code provides for:
employment are negotiated, adjusted and enforced. 1. Free collective bargaining and negotiations, including
voluntary arbitration, mediation and concillation as
Labor Relations Laws
modes of settling labor or industrial disputes
 Define the status, rights, and duties and the institutional
2. Free trade unionism
mechanisms that govern the individual and collective
3. Free and voluntary organization
interactions of employers, employees or their
4. Enlightenment of workers concerning their rights and
representatives
obligations
------------------------------------------------- N.O.T.E. ------------------------------------------------ 5. Adequate administrative machinery
Absent an employer-employee relation, there is no labor 6. Stable but dynamic and just industrial peace
relation to speak of. 7. Participation of workers in decision and policy-making
If there is no ER-EE relationship between parties, there is no processes affecting their rights, duties and welfare and
basis for organizing for purposes of collective bargaining. 8. Truly democratic method or regulating the relation
Labor Relations vs Labor standards between employers and employees.
 May be distinguished from labor standards in that it is  Parties to Labor Relations Cases
part of labor law which prescribes the minimum terms 1. Employee’s organization
and conditions of employment which the employer is 2. Management
required to grant to its employees. 3. The Public – always to be considered in dispute
DECLARATION OF POLICY between labor and capital, and it has been held that
ART 218 Declaration of Policy the rights of general public are paramount and
Collective bargaining process is possible only when there is a 4. The State
labor organization:
------------------------------------------------- N.O.T.E. ------------------------------------------------
1. Labor union or
2. Employee association employer and employees - active parties
public and state - passive parties
 Labor relations policy under the Labor Code is embodied
in Sec 3 Art XII of 1987 Constitution which guarantees to all  Principle of Non-Oppression
workers their right among others to: o Capital and labor not to act oppressively
1. Self-organization against each other or impair the interest and
2. Collective bargaining and negotiations convenience of the public
3. Peaceful and concerted activities including the right to o Protection to labor clause in the Constitution is
strike in accordance with law; and not designed to oppress or destroy capital
 Art 218 mentions conciliation, mediation and voluntary
arbitration as alternative modes of settlement of labor

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LABOR II

dispute, to the more adversarial strikes, lockouts or any be considered an employer for persons who work for it.
mass concerted actions. Much less should it be exempted from labor laws.
Employee
 Conciliation
 Any person in the Employ of an employer
o A process where a disinterested third party meets with
 Any individual whose work has Ceased as a result of or
management and labor, at their request or otherwise,
in connection with any current labor dispute or
during a labor dispute or in collective bargaining
because of any unfair labor practice if he has not
conference wherein by cooling tempers, aids the
obtained any other substantially equivalent and regular
parties in reaching an agreement.
employment;
 Mediation
 one who has been Dismissed from work but the legality
o A process where a third party studies each side of the
of dismissal is being contested in a forum of
dispute and submits a proposal for the disputants and
appropriate jurisdiction
to consider. But a mediator cannot make an award or
 the term shall not be limited to the employees of a
render a decision.
particular employer unless the Code explicitly states
 Single Entry Approach (SEnA)
o An administrative approach to provide a speedy, Types of Employees under the Labor Code
impartial, inexpensive and accessible settlement  managerial
procedure of all labor issues or conflicts to prevent  supervisory and
them from ripening into full blown disputes  rank-and-file
 Arbitration
Labor Organization
o The submission of a dispute to an impartial person for
 any union or association of employees which exists in
determination on the basis of evidence and
whole or in part for the purpose of collective
arguments of the parties.
bargaining with employers concerning terms and
o Arbiter’s decision or award is enforceable upon the
conditions of employment
disputants.
o Either voluntary or compulsory Legitimate Labor Organization (LLO)
 any labor organization which is duly registered with
DEFINITIONS DOLE; the term includes a local/chapter directly
Article 219 chartered by a legitimate federation or national union
Employer which has been duly reported to the Department in
 One who employs the services of others; one for whom accordance with Sec 2, Rule VI, Book V of the
employees work and who pays their wages or salaries Implementing Rules
 Any person acting in the interest of an employer;
Company Union
directly or indirectly. The term does not include a labor
 any labor organization whose formation, function or
organization or any of its officers and agents, except
administration has been assisted by any act defined as
when acting as an employer. The mere fact that
ULP under the Labor Code
respondent is a labor union does not mean it cannot

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LABOR II

Bargaining Representative Parties to a Dispute

 a legitimate labor organization whether or not 1. Primary Parties
employed by the employer a. Employer
b. Employees and
Labor Dispute
c. Union
 includes any controversy or matter concerning:
2. Secondary Parties
1. terms and conditions of employment or
a. Voluntary arbitrator
2. association or representation of persons in
b. Agencies of DOLE
negotiating, fixing, maintaining, changing or
c. NLRC
arranging the terms and conditions of employment,
d. Secretary of labor and
regardless of whether the disputants stand in the
e. Office of the President
proximate relation of employer and employee
Test
Managerial Employee
 whether it involves or concerns terms, conditions of
 Vested with powers or prerogatives to lay down and
employment or representation
execute management policies and/or to hire, transfer,
suspend, lay off, recall, discharge, assign or discipline
 even the question of ER-EE relationship can be
employees
considered a labor dispute
------------------------------------------------- N.O.T.E. ------------------------------------------------ Supervisory Employees
a labor dispute is different from an intra-corporate dispute  Those who, in the interest of the employer, effectively
which arises from intra-corporate relations; relationships recommend such managerial actions if the exercise of
between or among stockholders; or the relationships such authority is not merely routinary or clerical in
between stockholders and corporation nature but requires the use of independent judgment
Types of Labor Disputes  All employees not falling within any of the above
1. Labor Standards Disputes definitions are rank-and-file employees.
a. Working conditions
b. Benefits Remedies in Labor Disputes
c. Compensation  Grievance Procedure
2. Labor Relations Disputes  Mediation
a. Employment tenure disputes  Review by Court
b. Representation disputes  Conciliation
c. Organizational right dispute/unfair labor  Compromise agreement
practice  Certification to NLRC
d. Bargaining disputes  Enfocrment or Compliance order
e. Contract administration or personnel policy  Certification of bargaining representatives
disputes  Judicial action
 Arbitration (Voluntary or Compulsory)
 Assumption of Jurisdiction

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LABOR II

 Appeal and
 Injunction

Voluntary Arbitrator
 Any person Accredited by the Board as such
 Any person Named or designated in the CBA by parties
to act as their Voluntary Arbitrator
 One Chosen with or without the assistance of the
National Conciliation and Mediation Board pursuant to
a selection procedure agreed upon in the CBA or
 Any official that may be Authorized by the Secretary of
Labor to act as Voluntary Arbitrator upon the written
request and agreement of the parties to a labor
dispute

RELEVANT CONSTITUTIONAL PROVISIONS

ARTICLE II
SEC 9 The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of
living and an improved quality of life for all
SEC 10 The State shall promote social justice in all phases of national
development
SEC 18 The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
SEC 20 The State recognizes the indispensable role of the private sector,
encourages private enterprise and provides incentives to
needed investments

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