ADA’s 2017 Fearless Forecasts for 2017 4.

2 Drug Policy and Termination (Mirant

LABOR BAR case)

A. ALWAYS ASKED TOPICS 4.3 Productivity Standard (Toyota Sales

Agent)
1. Employer-employee relationship vis-à-
vis independent contracting arrangements 4.4 Stipulation Against Marriage

 Bersamin REALUYO & JAO cases 4.5 Immorality vs. Magna Carta of Women
 ABS-CBN cases: Jay Sonza vs. Nelson (Leus vs. St. Scholastica’s College and Brent
Begino, Nazareno & Furclache cases College cases)

2. Employment Classification 5. Strikes: Elements

2.1 Probationary Employee 5.1 Liability of Employees joining an illegal

strike
a. Timeframe vs. Term Contract (Yolanda
Mercado) 5.2 Computation of cooling off period and
seven days strike ban
b. Standards for Regularization
(International School) 5.3 Good faith defense not applicable in
procedural non-compliance
2.2 Regular Seasonal Workers (Fule vs.
Gapayao) (Robina Sugar) 5.4 Assumption of Jurisdiction vs. Injunction
vs. Improved offer/Reduced offer
3. Independent Contracting vs. Labor Only
6. Jurisdiction
3.1 Distinguish bilateral vs. trilateral
agreement 6.1 Surety Bond: What to include in
computing
3.2 Presumption in favor of Labor Only:
Burden of Proof upon principal to show 6.2 Verification by corporate officers
otherwise

3.3 Transfer of employees from one sub-

B. FEARLESS FORECASTS ON LABOR
agency to another with same principal:
STANDARDS ISSUES
-San Miguel Bustamente/Petron/Adidas vs.
1. Wages
Frontreras Brand as an exception
1.1 What comprises basic wage for
3.4 Stare Decisis: Quintanar Coca-Cola case
purposes of computation of 13th month/
4. Management Prerogatives/Termination retirement pay

4.1 Transfer of Employees 1.2 Distinctions on facilities vs. supplement

1.3 Minimum wages: Inclusions/Exclusions
2. Special rules on piece rate workers
2.1 Entitlement to holiday pay/retirement
pay
2.2 How to compute for average daily salary
5. Grievance Machinery vs. Voluntary
Arbitration vs. Compulsory Arbitration
6. ULP of Labor Organization is within
jurisdiction of labor arbiter, and not an
intra-union controversy (Mendoza vs.
Manila Waters Employees Union 2016

3. Leaves: Service Incentive Leaves 7. Picketing and use of police during strike
between Employees and Kasambahay Note:

4. Kasambahay vs Homeworkers also: Obstructions on whether it can be

Family drivers excluded from IRR
5. Persons with disability, when 75%
allowed and not allowed
6. Migrant workers and compensability of
death/illness
6.1 Suicide due to mental illness
6.2 Right of biological parent to claim when
adoptive parent predeceases OFW
summarily demolish if in public thorough
and if in private premises
Note: Stranger picketing and picketing in
area innocent by-stander ruling
8. Termination of Corporate Officer vs.
Regular Employee
Note: Is position in Articles or not?
9. Procedure for Appeal from LA to NLRC to
CA

10. Prescription of Actions

C. FEARLESS FORECASTS ON LABOR
RELATION ISSUES

1. Distinction between Independent Union

and Local Chapter

Note: for purposes of filing CE; Also 20%

consent signature

2. Run-off; re-run; consent election;

certification election; voluntary
recognition vs. direct certification

3. Union dues vs. agency fees

4. Interpretation of CBA: Bersamin Phil

Journalist Abulay