LABOR STANDARDS 2.

EEs of govt corporations w/ original charter

3. Foreign Governments
-Minimum terms and conditions of employment
4. International Agencies/ EEs of inter-governmental
relating to
or international organizations
1. Wages
5. Corporate officers
2. Hours of Work
6. EEs of local water districts
3. Cost-of-Living allowance
4. Other monetary and welfare benefit KINDS OF LABOR DISPUTES

LABOR RELATIONS 1. Labor standard disputes

a. Compensation
Defines and regulates: b. Benefits
1. Status c. Working Conditions
2. Rights 2. Labor relations disputes
3. Duties a. Organizational right disputes/ULP
b. Representation disputes
4. Institutional Mechanism
c. Bargaining disputes
d. Contract administration or personnel policy
CLASSIFICATION OF LABOR LAW
disputes.
e. Employment tenure disputes
1. Labor Standards 3. Inter-union dispute
2. Labor Relations 4. Intra-union dispute
3. Social Legislation 5. Rights disputes
6. Interest disputes
SOURCES OF LABOR LAWS 7. Contract–negotiation disputes

1. Labor Code and other related special legislation GROUNDS FOR REVOCATION OF LICENSE
2. Contract
3. Collective Bargaining Agreement 1. Incurring an accumulated 3 counts of suspension
4. Past practices by an agency(F&E ORDERS)
5. Company policies 2. Violations of the conditions of license
3. Engaging in acts of misrepresentation for the
RIGHT OF AN EMPLOYER purpose of securing a license or renewal
4. Engaging in the recruitment or placement of
workers to jobs harmful to the public health or
1. Conduct Business
morality or to the dignity of the country. (Sec. 3, Rule
2. Prescribe Rules I, Book VI, Rules and Regulations Governing
3. Select and Hire employees Overseas Employment)
4. Transfer and Discharge employees
5. Return of Investment and expansion of business GROUNDS FOR SUSPENSION/CANCELLATION OF
LICENSE
LIMITATION OF MANAGEMENT PREROGATIVES
1. Prohibited acts under Art. 34
2. Publishing job announcements w/o POEA’s
1. Law
approval
2. Contract or CBA 3. Charging a fee which may be in excess of the
3. General Principles of Fair Play and Justice authorized amount before a worker is employed
4. Deploying workers w/o processing through POEA
EXCEPTIONS TO THE APPLICABILITY OF THE LABOR 5. Recruitment in places outside its authorized area.
CODE (Sec. 4, Rule II, Book IV, POEA Rules)

1. Government EEs
PERSONS PROHIBITED IN THE BUSINESS OF
RECRUITING MIGRANT WORKERS
1. Unlawful for any official or Ee of the:
a. DOLE
b. POEA
c. Overseas Workers Welfare Administration
(OWWA)
d. DFA
e. Other gov’t agencies involved in the
implementation of this Act
2. Their relatives within the 4th civil degree of
consanguinity or affinity, to engage, directly or
indirectly in the business of recruiting migrant
workers. (Sec. 8, R.A. 8042)
ELEMENTS OF ILLEGAL RECRUITMENT
1. Offender is a non‐licensee or non‐holder of
authority to lawfully engage in the
recruitment/placement of workers
2. Offender undertakes:
a. Any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers,
and includes referrals, contact services, promising or
advertising for employment, locally or abroad,
whether for profit or not (Art. 13[b]); or
b. Any of prohibited practices under Art. 34
PROHIBITED PRACTICES IN
RECRUITMENT/PLACEMENT (Art. 34.)
1.Furnishing or publishing any false
notice/information/document related to
recruitment/employment
2. Failure to file reports required by SLE
3. Inducing or attempting to induce a worker already
employed to quit his employment in order to offer
him another unless the transfer is designed to
liberate a worker from oppressive terms and
conditions
4. Recruitment/placement of workers in jobs
harmful to public health or morality or to the dignity
of the country
5. Engaging directly or indirectly in the management
of a travel agency
6. Substituting or altering employment contracts
without approval of DOLE
7. Charging or accepting any amount greater than
that specified by DOLE or make a worker pay any
amount greater than actually received by him
8. Committing any act of misrepresentation to
secure a license or authority
9. Influencing or attempting to influence any
person/entity not to employ any worker who has not
applied of employment through his agency
10. Obstructing or attempting to obstruct inspection
by SLE or by his representatives
11. Withholding or denying travel documents from
applicant workers before departure for monetary
considerations other than authorized bylaw
12. Granting a loan to an OFW which will be used for
payment of legal and allowable placement fees
13. Refusing to condone or renegotiate a loan
incurred by an OFW after his employment contract
has been prematurely terminated through no fault
of his or her own
14. For a suspended recruitment/manning agency to
engage in any kind of recruitment activity including
the processing of pending workers' applications; and
15. For a recruitment/operating agency or a foreign
principal/ Er to pass on the OFW or deduct from his
or her salary the payment of the cost of insurance
fees, premium or other insurance related charges, as
provided under the compulsory worker's insurance
coverage
16. Imposing a compulsory and exclusive
arrangement whereby an OFW is required to:
a. Avail a loan only from specifically designated
institutions, entities or persons
b. To undergo health examinations only from
specifically designated medical, entities or persons,
except seafarers whose medical examination cost is
shouldered by the shipowner
c. To undergo training of any kind only from
designated institutions, entities or persons, except
for recommendatory trainings mandated by
principals/shipowners. (Sec. 6, R.A. 10022)
PRINCIPAL FUNCTIONS OF THE POEA
1. Protection of the right of Filipino workers to fair
and equitable employment practices
2. Regulation of private sector participation in the
recruitment and overseas placement of workers by
setting up a licensing and registration system
3. Deployment of Filipino workers through gov’t to
gov’t hiring
4. Formulation, implementation, and monitoring of
overseas employment of Filipino workers taking into
consideration their welfare and domestic manpower
requirements
5. Shall inform migrant workers not only of their
rights as workers but also of their rights as human
beings, instruct and guide the workers how to assert
their rights and provide the available mechanism to
redress violation of their rights. (Sec. 14, R.A. 10022)
6. Implementation, in partnership with other law
enforcement agencies, of an intensified program
against illegal recruitment activities. (Sec.14, R.A.
10022)
MINIMUM CONDITIONS/PROVISIONS OF OVERSEAS
EMPLOYMENT CONTRACTS
1. Guaranteed wages for regular hours and
overtime, not lower than the minimum wage
prescribed in all of the ff:
a. The host country
b. Bilateral agreements or international conventions
ratified by the host country and the Phils.
c. The Phils.
2. Free transportation to and from the worksite or
offsetting benefit
3. Free food and accommodation or offsetting
benefit
4. Just/authorized causes of termination of the
contract or services of the worker
Note: An agreement that diminishes the Ees pay and
benefits as contained in a POEA-approved contract is
void, unless such subsequent agreement is approved
by the POEA.
REGULATORY AND ADJUDICATORY FUNCTIONS OF
POEA
1. Regulatory – It regulates the private sector
participation in the recruitment and overseas
placement of workers through its licensing and
registration system.
2. Adjudicatory
a. Administrative cases involving violations of
licensing rules and regulations and registration of
recruitment and employment agencies or entities
b. Disciplinary action cases and other special cases
which are administrative in character involving
employers, principals, contracting partners and
Filipino migrants
GROUNDS FOR DISCIPLINARY ACTION OF OFWs
Under R.A. 8042, these are:
1. Prostitution
2. Unjust refusal to depart for the worksite
3. Gunrunning or possession of deadly weapons
4. Vandalism or destroying company property
5. Violation of the laws and sacred practices of the
host country and unjustified breach of employment
contract
6. Embezzlement of funds of the company or fellow
worker entrusted for delivery to relatives in the
Phils.
7. Creating trouble at the worksite or in the vessel
8. Gambling
9. Initiating or joining a strike or work stoppage
where the laws of the host country prohibits strikes
or similar actions
10. Commission of felony punishable by Phils. laws
or by the host country
11. Theft or robbery
12. Drunkenness
13. Drug addiction or possession or trafficking of
prohibited drugs
14. Desertion or abandonment
MATTERS OUTSIDE JURISDICTION OF THE POEA
1. Foreign judgments – such claim must be brought
before regular courts. POEA is not a court; it is an
administrative agency, exercising adjudicatory or
quasi-judicial functions.
2. Torts – falls under the provisions of the Civil Code.
FIELD PERSONNEL
A: They are:
1. Non-agricultural employees
2. Who regularly perform their duties
3. Away from the principal place of business or
branch office of the employer; and
4. whose actual hours of work in the field cannot be
determined with reasonable certainty.
3 GROUPS OF EEs UNDER THE LC
1. Managerial EE
2. Supervisory Ee
3. Rank‐and‐File Ee (Art. 212*m+)
STANDARDS/CRITERIA FOR MINIMUM WAGE
SETTING
a) The demand for living wages
b) Wage adjustment vis-a-vis the consumer price
index
c) The cost of living and changes or increases therein
d) The needs of workers and their families
e) The need to induce industries to invest in the
countryside
f) Improvements in standards of living
g) The prevailing wage levels
h) Fair return of the capital invested and capacity to
pay of employers
i) Effects on employment generation and family
income
j) The equitable distribution of income and wealth
along the imperatives of economic and social
development
CONDITIONS FOR ENTITLEMENT OF PATERNITY
LEAVE
The male Ee is;
1. Legally married to, and is cohabiting with the
woman who delivers the baby
2. Ee of private or public sector;
3. Only for the first 4 deliveries of legitimate spouse
with whom he is cohabiting; and
4. Notify his Er of the pregnancy of his legitimate
spouse and the expected date of such delivery
CONDITIONS FOR ENTITLEMENT OF PARENTAL
LEAVE
1. He or she must fall among those referred to as
solo parent
2. Must have the actual and physical custody of the
child or children
3. Must have at least rendered service of one year to
his or her employer
4. He or she must remain a solo parent
SOLO PARENT ENTITLED TO PARENTAL LEAVE
- Any individual who falls under any of the ff.
categories:
1. A woman who gives birth as a result of rape and
other crimes against chastity even without a final
conviction of the offender, provided, That the
mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of
parenthood due to:
a. Death of spouse;
b. Detention or service of sentence of spouse for a
criminal conviction for at least 1 yr;
c. Physical and/or mental incapacity of spouse
d. Legal separation or de facto separation from
spouse for at least 1 yr as long as he/she is entrusted
with the custody of the children;
e. Nullity or annulment of marriage as decreed by a
court or by a church as long as he/she is entrusted
with the custody of the children;
f. Abandonment of spouse for at least 1 yr;
3. Unmarried mother/father has preferred to keep
and rear his or her child/children instead of:
4. Any family member who assumes the
responsibility of head of family as a result of the:
a. death,
b. abandonment,
c. disappearance or
d. prolonged absence of the parents or solo parent.
FORM OF 13TH MONTH PAY
- It is given in the form of:
1. Christmas Bonus
2. Midyear Bonus
3. Profit Sharing Scheme
4. Other Cash bonuses amounting to not less than
1/12 of its basic salary
Note: It must always be in the form of a legal tender.
POLICY OF THE STATE IN ENACTING ANTI-SEXUAL
HARASSMENT LAW
The State shall:
1. Value the dignity of every individual
2. Enhance the development of it human resources
3. Guarantee full respect for human rights and
4. Uphold the dignity of workers, Ee, applicants for
employment, students or those undergoing training,
instruction or education.
PERSONS LIABLE FOR SEXUAL HARASSMENT
In a work, education or training‐related (WET)
environment sexual harassment may be committed
by an:
1. Ee
2. Manager
3. Supervisor
4. Agent of the (Er)
5. Teacher, instructor, professor
6. Coach, trainer, or
7. Any other person who, having authority, influence
or moral ascendancy over another in a work or
training or education environment:
a. Demands
b. Requests or
c. Requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of R.A. 7877. (Sec. 3)
KINDS OF SEXUAL HARASSMENT
1. In a work‐related or employment environment:
A. The sexual favor is made as a condition in
hiring
employment
re‐employment
continued employment
in granting said individual favorable compensation
terms, conditions, promotions, or privileges or the
refusal to grant the sexual favor results in
limiting
segregating
classifying the Ee which in a way would
discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said Ee;
B. The above acts would impair the Ees’ rights or
privileges under existing labor laws; or
C. The above acts would result in an intimidating,
hostile, or offensive environment for the Ee.
2. In an education or training environment:
a. Against one who is under the care, custody or
supervision of the offender;
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
c. Sexual favor is made a condition to
giving of a passing grade
granting of honors and scholarships
payment of a stipend,allowance or other benefits,
privileges, or considerations;
d. Sexual advances result in an intimidating, hostile
or offensive environment for the student, trainee or
apprentice.
WHO MAY COMMIT SEXUAL HARASSMENT
(SAME2- TIP-C-TAIM –D)
1. Supervisor
2. Agent of the ER
3. Manager
4. Employer
5. Employee
6. Teacher
7. Instructor
8. Professor
9. Coach
10. Trainor
11. Any other person having AIM over another
Authority
Influence
Moral Ascendancy
12. Any person who directs/induces another to
commit any act of sexual harassment
WHEN SEXUAL HARASSMENT PUNISHABLE
1. Work –related
2. Educated Related
3. Training –related
REGULATORY POWERS OF SLE
1. Restrict and regulate the recruitment and
placement activities of all agencies
2. Issue orders and promulgate rules and regulations
VISITORIAL POWER
- this includes:
1. Access to employer’s records and premises at any
time of the day or night, whenever work is being
undertaken
2. To copy from said records
3. Question any employee and investigate any fact,
condition or matter which may be necessary to
determine violations or which may aid in the
enforcement of the Labor Code and of any labor law,
wage order, or rules and regulation issued pursuant
thereto.
WORKERS PAID BY RESULTS
- They are:
1. Paid based on the work completed; and
2. Not on the time spent in working
3. Including those who are paid on piecework,
“takay”, “pakiaw”, or task basis if their output rates
are in accordance with the standards prescribed.
HAZARDOUS WORKPLACES
1. Nature of work exposes the workers to dangerous
environmental elements, contaminants or work
conditions
2. Workers are engaged in construction work,
logging, fire-fighting, mining, quarrying, blasting,
stevedoring, dock work, deep-sea fishing, and
mechanized farming
3. Workers are engaged in the manufacture or
handling of explosives and other pyrotechnic
products
4. Workers use or are exposed to heavy or power-
driven tools
WORST FORMS OF CHILD LABOR
1. All forms of slavery (Anti-Trafficking of Persons Act
of 2003)
2. Child Pornography
3. Drug trafficking
4. Child models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence; and
5. Work which, by its nature is hazardous or likely to
be harmful to the health, safety or morals of
children.
PERSONS WHO CAN FILE A COMPLAINT FOR
UNLAWFUL ACTS COMMITTED AGAINST CHILDREN
1. Offended party
2. Parents or guardians
3. Ascendants or collateral relatives within the 3rd
degree of consanguinity
4. Officer, social worker or representative of a
licensed child-caring institution
5. Officer or social worker of DSWD
6. Barangay chairman of the place where the
violation occurred, where the child is residing or
employed
7. At least 3 concerned, responsible citizens where
the violation occurred
DOMESTIC/HOUSEHOLD SERVICE
1. Services in the Ers home
2. Usually necessary or desirable
3. For the maintenance and employment thereof
4. Includes ministering to the personal comfort and
convenience of the members of the Ers household
5. Including services of family drivers
RIGHTS OF HOUSEHELPERS
- 1. Original contract of domestic service shall not
last for more than 2 years but it may be renewed by
the parties. (Art. 142)
2. Entitled to minimum wage in addition to lodging,
food, and medical attendance. (Art. 144)
3. Employment contract should be reviewed every 3
years with the end view of improving the terms and
conditions of employment. (Art. 143)
4. SSS benefits for those who are receiving at least
P1,000 per month. (Art. 143)
5. Non-assignment to a work in a commercial,
industrial or agricultural enterprise at a wage or
salary rate lower than that provided for agricultural
or non‐ agricultural workers. (Art. 145)
6. Ees under 18 years of age shall be given
opportunity for at least elementary education. The
cost of education shall be part of the HH’s
compensation, unless otherwise stipulated. (Art 146)
7. Should be treated in a just and humane manner.
(Art. 147)
8. Not to be treated with physical violence (Art. 147)
9. Suitable and sanitary living headquarters as well
as adequate food and medical attendance. (Art. 148)
10. Termination of employment should be
a. upon expiration of term of employment, or
b. based on just cause (Art. 149)
11. Indemnity for unjust termination of service
12. Employment certification as to nature and
duration of service and efficiency and conduct of
househelper.
MINIMUM WAGE FOR HOUSEHELPERS
1. Metro Manila - P 800 / month
2. Other Chartered Cities or First Class Municipalities
- P 650 / month
3. In other Municipalities - P 550 / month
Note: The minimum cash wage rates shall be paid to
the househelpers in addition to lodging, food and
medical attendance.
PARTIES TO APPRENNTICESHIP AGREEMENT
1. The employer or his agent, or
2. An authorized representative of any of the
recognized organizations, associations or groups,
and
3. The apprentice.
PERSONS WHO MAY TERMINATE APPRENTICESHIP
AGREEMENT
1. Either party may terminate an agreement after
the probationary period but only for a valid cause.
2. It may be initiated by either party upon filing a
complaint or upon DOLE’s own initiative.
PROCEDURE FOR THE TERMINATION OF
APPRENTICESHIP
The party terminating shall:
1. Serve a written notice on the other at least 5 days
before actual termination,
2. Stating the reason for such decision; and
3. A copy of said notice shall be furnished the
Apprenticeship Division concerned.
LEARNERS
1. They are persons hired as trainees in semi-skilled
and other industrial occupations
2. Which are non‐apprenticeable and
3. Which may be learned through practical training
on the job in a relatively short period of time
4. Which shall not exceed 3 months
5. Whether or not such practical training is
supplemented by theoretical instructions. (Sec. 1a,
Rule VII, Book II, IRR)
HANDICAPPED WORKERS (HW)
A: Those whose earning capacity is impaired by:
1. Physical deficiency
2. Age
3. Injury
4. Disease
5. Mental deficiency
6. Illness
RIGHTS AND PRIVILEGES OF DISABLED WORKERS
A: 1. Equal opportunity for employment
2. Sheltered employment (the gov’t shall endeavour
to provide them work if suitable employment for
disabled persons cannot be found through open
employment)
3. Apprenticeship
4. Vocational rehabilitation (means to develop the
skills and potentials of disabled workers and enable
them to compete in the labor market)
5. Vocational guidance and counseling
FACTORS TO DETERMINE THE EXISTENCE OF AN EE-
ER RELATIONSHIP/FOUR FOLD TEST/ER-EE
RELATIONSHIP
The “four–fold test”:
1. Selection and engagement of the employee;
2. Payment of wages;
3. Power of dismissal; and
4. Power of control
CHARACTERISTICS OF PROBATIONARY
EMPLOYMENT
1. It is an employment for a trial period;
2. It is a temporary employment status prior to
regular employment;
3. It arises through a contract with the following
elements:
a. The employee (Ee) must learn and work at a
particular type of work
b. Such work calls for certain qualifications
c. The probation is fixed
d. The Er reserves the power to terminate during or
at the end of the trial period
e. And if the Ee has learned the job to the
satisfaction of the Er, he becomes a regular Ee.
GROUNDS FOR TERMINATION OF PROBATIONARY
EMPLOYMENT
1. Just/authorized causes
2. When he fails to qualify as a regular Ee in
accordance with reasonable standards made known
by the employer (Er) to the Ee at the time of his
engagement (ICMC v. NLRC, G.R. No. 72222, Jan. 30,
1989)
REQS FOR DETERMINING WHETHER AN EE IS A
PROJECT EE
1. The project Ee was assigned to carry out a specific
project or undertaking, and
2. The duration and scope of which were specified at
the time the Ee was engaged for that project.
(Imbuido v. NLRC, G.R. No. 114734, Mar. 31, 2000)
3. The Ee must have been dismissed every after
completion of his project or phase
4. Report to the DOLE of Ee’s dismissal on account of
completion of contract (Policy Inst. No. 20; D.O. 19
*1997+)
INDICIA OF “JOB CONTRACTING
Specifically, there is “job contracting” where:
1. The contractor carries on an independent business
and undertakes the contract work on his own
account under his own responsibility according to his
own manner and method, free from the control and
direction of his employer or principal in all matters
connected with the performance of the work except
as to the results thereof; and
2. The contractor has substantial capital or
investment in the form of tools, equipment,
machineries, work premises, and other materials
which are necessary in the conduct of his business.
PARTIES IN CONTRACTING AND SUBCONTRACTING
1. Contractor/subcontractor – Refers to any person
engaged in a legitimate contracting or
subcontracting arrangement.
2. Contractual Ee – One who is employed by a
contractor or subcontractor to perform or complete
a job, work, or service pursuant to an arrangement
between the latter and a principal. (D.O. 18‐02)
3. Principal – Any Er who puts out or farms out a job,
service, or work to a contractor
RIGHTS OF CONTRACTUAL EE
- They shall be entitled to all the rights and privileges
due to a regular Ee as provided in the LC, as
amended to include the ff:
1. Safe and healthful working conditions
2. Service Incentive Leave, rest days, OT pay, holiday
pay, 13th month pay and separation pay
3. Social security and welfare benefits;
4. Self‐organization, CBA and peaceful concerted
actions
5. Security of tenure (Sec. 8, DO 18‐02)
CONDITIONS FOR JOB CONTRACTING
1. The labor contractor must be duly licensed by
Regional Office of the DOLE
2. Written contract between the labor contractor
and his client‐Er that will assure the Ees at least the
minimum labor standards and benefits provided by
existing laws.
GROUNDS FOR DELISTING CONTRACTORS
1. Non‐submission of contracts between the
principal and the contractor or subcontractor when
required to do so;
2. Non‐submission of annual report;
3. Findings through arbitration that the contractor or
subcontractor has engaged in labor‐only contracting
and other prohibited activities;
4. Non‐compliance with labor standards and working
conditions. (Sec. 16, D.O. 18‐02)
JUST CAUSES FOR TERMINATION (Art. 282, LC)
1. Serious misconduct or willful disobedience by the
(Ee)
2. Gross and habitual neglect by the Ee of his duties
3. Fraud or willful breach by the Ee of the trust
reposed in him by his Er or duly organized
representative
4. Commission of a crime or offense by the Ee
against the person of his Er or any immediate
member of his family or his duly authorized
representative.
5. Other causes analogous to the foregoing
Note: The burden of proving that the termination
was for a valid or authorized cause shall rest on the
Er. (Art.277[b])
EXAMPLES OF SERIOUS MISCONDUCT
1. Sexual harassment
2. Fighting within the company premises
3. Uttering obscene, insulting or offensive words
against a superior
4. Falsification of time records and
5. Gross immorality
GUIDELINES TO DETERMINE THE VALIDITY OF
TERMINATION
1.Gravity of the offense
2. Position occupied by the employee
3. Degree of damage to the employer
4. Previous infractions of the same offense
5. Length of Service
REQUIREMENTS FOR AN ACT TO BE INCLUDED IN
ANALOGOUS CASES
Must be due to the voluntary and/or willful act or
willful omission of the EE.
1. Violation of company rules and regulations
2. Drunkenness
3. Gross inefficiency
4. Illegally diverting employer’s products
5. Failure to heed an order not to join an illegal
picket
6. Violation of safety rules and code of discipline
AUTHORIZED CAUSES FOR TERMINATION BY THE ER
1. Installation of labor‐saving devices
(automation/robotics)
2. Redundancy (superfluity in the performance of a
particular work) – exists where the services of an
employee (Ee) are in excess of what is reasonably
demanded by the actual req’ts of the enterprise.
(Wiltshire File Co., Inc. v. NLRC, G.R. No. 82249, Feb.
7, 1991)
3. Reorganization
4. Retrenchment – cutting of expenses and includes
the reduction of personnel; It is a management
prerogative, a means to protect and preserve the
Er’s viability and ensure his survival. To be an
authorized cause it must be affected in good faith
(GF) and for the retrenchment, which is after all a
drastic recourse with serious consequences for the
livelihood of the Ee’s or otherwise laid‐off.
5. Closing or cessation of operation of the
establishment – must be done in good faith and not
for the purpose of circumventing pertinent labor
laws.
6. Disease – must be incurable within 6 months and
the continued employment is prohibited by law or
prejudicial to his health as well as to the health of his
co‐ Ees with a certification from the public health
officer that the disease is incurable within 6 months
despite due to medication and treatment
CIRCUMSTANCES PRESENT IN A VALID
RETRENCHMENT
1. The losses expected should be substantial and not
merely de minimis in extent
2. The substantial loss apprehended must be
reasonably imminent
3. It must be reasonably necessary and likely to
prevent the expected losses
4. The alleged losses if already realized, and the
expected imminent losses sought to be forestalled,
must be proved by sufficient and convincing
evidence
REQUISITES OF A VALID RETRENCHMENT
1.Written notice served on both the Ee and the DOLE
at least 1 month prior to the intended date of
retrenchment
2. Payment of separation pay equivalent to at least
one month pay or at least 1/2 month pay for every
year of service, whichever is higher
3. Good faith
4. Proof of expected or actual losses
5. The employer used fair and reasonable criteria in
ascertaining who would be retained among the Ees,
such as status, efficiency, seniority, physical fitness,
age, and financial hardship of certain workers (Asian
Alcohol Corp. v. NLRC, G.R. No. 131108, Mar. 25,
1999).
REQUISITES OF A VALID CLOSURE
1. Written notice served on both the employees
(Ees) and the DOLE at least 1 month prior to the
intended date of closure
2. Payment of separation pay equivalent to at least
one-month pay or at least 1/2 month pay for every
year of service, whichever is higher, except when
closure is due to serious business losses
3. Good faith
4. No circumvention of the law
5. No other option available to the Er
PROCESS TO BE OBSERVED BY ER FOR
TERMINATION BASED ON ANY OF THE JUST CAUSES
1. A written notice should be served to the Ee
specifying the ground/s for termination and giving
the said Ee reasonable opportunity to explain.
Note: This first written notice must apprise the Ee
that his termination is being considered due to the
acts stated in the notice. (Phil. Pizza Inc. v.
Bungabong, G.R. No. 154315, May 9, 2005)
2. A hearing or conference should be held during
which the Ee concerned, with the assistance of
counsel, if the Ee so desires, is given the opportunity
to respond to the charge, present his evidence and
present the evidence presented against him.
3. A written notice of termination – If termination is
the decision of the Er, it should be served on the Ee
indicating that upon due considerations of all the
circumstance, grounds have been established to
justify his termination, at least one month prior to
his termination.
Note: Single notice of termination does not comply
with the requirements of the law. (Aldeguer & Co.,
Inc. vs. Honeyline Tomboc, G.R. No. 147633, July 28,
2008)
REMEDIES OF AN ILLEGALLY DISMISSSED EE
An Ee who is unjustly dismissed from work shall by
entitled to:
1 Reinstatement without loss of seniority rights and
2. Full backwages. (Sec. 3, Rule I, Book VI, IRR)
3. Separation pay in lieu of reinstatement, if the
latter is no longer feasible
RULES ON REINSTATEMENT
Order of Reinstatement+ strained relations
=separation pay
Order of Reinstatement+ delay/unjust refusal to
reinstate = Backwages,13th month plus other
benefits subsists until reinstatement or separation
pay is paid
Order of Reinstatement+ EE found a new job= Er
cannot refuse to reinstate the illegally dismissed Ee
Order of Reinstatement+ position no longer
available = substantially equivalent position
Order of Reinstatement+ position no longer
available + no substantially equivalent position
available= Separation pay 1 month/year of service
(Grolier Int’l Inc. v. ELA, G.R. No. 83523, Aug. 31,
1989)
CIRCUMSTANCES THAT PREVENT AWARD OF
BACKWAGES
1. Dismissal for cause
2. Death, physical or mental incapacity of the
employee
3. Business reverses
4. Detention in prison
ELEMENTS OF A VALID QUITCLAIM
1.Voluntarily entered into with full understanding of
what the employee is doing
2. Represents a reasonable settlement
TERMINATION OF HIS SERVICE WITH HIS ER
1.Without just cause – by serving written notice on
the Er at least 1 month in advance. The Er upon
whom no such notice was served may hold the Ee
liable for damages.
2. With just cause – an Ee may put an end to
employment without serving any notice on the Er for
any of the following just causes:
a. Serious insult by the Er or his representative on
the hour and person of the Ee
b. Inhuman and unbearable treatment accorded the
Ee by the Er or his representative
c. Commission of a crime or offense by the Er or his
representative against the person of the Ee or any of
the immediate members of his family
d. Other causes analogous to any of the foregoing
PERSONS WHO ARE COVERED BY SSS
Compulsory Coverage
a. All Ees not over 60 years of age and their Ers;
b. Domestic helpers whose income is not less than P
1000/month and not over 60 years of age and their
Ers; Limitations:
a. Any benefit earned by the Ees under private
benefit plans existing at the time of the approval of
the Act shall not be discontinued, reduced or
otherwise impaired;
b. Existing private plans shall be integrated with the
SSS but if the Er under such plan is contributing more
than what is required by this Act, he shall pay to the
SSS the amount required to him, and he shall
continue with his contributions less the amount paid
to SSS;
c. Any changes, adjustments, modifications,
eliminations or improvements in the benefits of the
remaining private plan after the integration shall be
subject to agreements between the Ers and the Ees
concerned; and
d. The private benefit plan which the Er shall
continue for his Ees shall remain under the Ers
management and control unless there is an existing
agreement to the contrary
c. All self‐employed – considered both an Er and Ee
d. Professionals;
e. Partners and single proprietors of business;
f. Actors and actresses, directors, scriptwriters and
news correspondents who do not fall within the
definition of the term “Ee”;
g. Professional athletes, coaches, trainers and
jockeys; AND
h. Individual farmers and fisherman. (Sec. 9)
2. Voluntary
a. Spouses who devote full time to managing the
household and family affairs, unless they are also
engaged in other vocation or employment which is
subject to mandatory coverage ; (Sec. 9[b])
b. Filipinos recruited by foreign‐based Ers for
employment abroad may be covered by the SSS on a
voluntary basis; (Sec. 9[c])
c. Ee separated from employment to maintain his
right to full benefits
d. Self‐employed who realizes no income for a
certain month
3. By Agreement
Any foreign government, international organization,
or their wholly‐owned instrumentality employing
workers in the Phils., may enter into an agreement
with the Phil. government for the inclusion of such
Ees in the SSS except those already covered by their
respective civil service retirement systems.
EFFECT OF INTERRUPTION OF BUSINESS OR
PROFESSIONAL INCOME
If the self‐employed member realizes no income in
any given month:
1. He shall not be required to pay contributions for
that month.
2. He may, however, be allowed to continue paying
contributions under the same rules and regulations
applicable to a separated Ee member:
3. Provided, that no retroactive payment of
contributions shall be allowed other than as
prescribed under Sec.22‐A. (Sec. 11‐A)
KINDS OF EMPLOYMENT EXCEPTED FROM
COVERAGE OF SSS LAW
Under Section 8(j) of R.A. 1161, as amended, the
following services or employments are excepted
from coverage:
1. Employment purely casual and not for the
purpose of occupation or business of the employer;
2. Service performed on or in connection with an
alien vessel by an employee if he is employed when
such vessel is outside the Phils.;
3. Service performed in the employ of the Phils.
Government or instrumentality or agency thereof;
4. Service performed in the employ of a foreign
government or international organization, or their
wholly‐owned instrumentality:
Provided, however, That this exemption
notwithstanding, any foreign government,
international organization or their wholly‐ owned
instrumentality employing workers in the Phils.s or
employing Filipinos outside of the Phils., may enter
into an agreement with the Phils. Government for
the inclusion of such employees in the SSS except
those already covered by their respective civil
service retirement systems:Provided, further, That
the terms of such agreement shall conform with the
provisions of this Act on coverage and amount of
payment of contributions and benefits: Provided,
finally, That the provisions of this Act shall be
supplementary to any such agreement; and
5. Such other services performed by temporary and
other employees which may be excluded by
regulation of the Commission. Employees of bona
fide independent contractors shall not be deemed
employees of the employer engaging the service of
said contractors.
BENEFITS UNDER THE SSS ACT
1. Monthly Pension
2. Retirement Benefits
3. Death Benefits
4. Disability Benefits
5. Funeral Benefits
6. Sickness Benefits
7. Maternity Benefits
SUSPENSION OF MONTLY PENSION & DEPENDENTS
PENSION
1. Upon the reemployment or resumption of self‐
employment
2. Recovery of the disabled member from his
permanent total disability
3. Failure to present himself for examination at least
once a year upon notice by the SSS. (Sec. 13‐A [b])
TYPES OF RETIREMENT BENEFITS
1. Monthly Pension ‐.
2. Lump Sum Amount
REQUIREMENT FOR AVAILMENT OF SICKNESS
BENEFIT
1. At least 3 monthly contributions in the 12‐month
period immediately preceding the semester of
sickness or injury
2. Confined for more than 3 days in a hospital or
elsewhere with the approval of the SSS
3. He has used all current company sick leaves with
pay for the current year
4. Notified his Er or the SSS, if he is a separated,
voluntary or self‐employed member
QUALIFICATIONS FOR ENTITLEMENT TO
MATERNITY BENEFIT
1. Payment of at least 3 monthly contributions w/in
12‐month period immediately before childbirth or
miscarriage.
2. Required notification of her pregnancy through
her employer if employed, or to the SSS if separated,
voluntary or self‐employed member.
DEPENDENTS
1. The legal spouse entitled by law to receive
support from the member;
2. The legitimate, legitimated, or legally adopted,
and illegitimate child who:
a. Is unmarried,
b. Not gainfully employed, and
c. Has not reached 21 years of age, or if over 21
years of age, he is congenitally or while still a minor
has been permanently incapacitated and incapable
of self‐support, physically or mentally.
3. The parent who is receiving regular support from
the member.
PRIMARY BENEFICIARIES
1. The dependent spouse until he or she remarries
2. The dependent legitimate, legitimated or legally
adopted, and illegitimate children,: Provided, That
the dependent illegitimate children shall be entitled
to 50% of the share of the legitimate, legitimated or
legally adopted children.
PURPOSES OF THE GSIS ACT
To provide and administer the following social
security benefits for government employees (Ee):
1. Compulsory life insurance
2. Optional life insurance
3. Retirement benefits
4. Disability benefits to work‐related contingencies;
and
5. Death benefits
ER UNDER THE GSIS ACT
1. National Government
2. Its political subdivisions, branches, agencies,
instrumentalities
3. GOCCs,and financial institutions with original
charters
4. Constitutional Commissions and the Judiciary (Sec.
2[c])
BENEFITS PROVIDED BY THE GSIS ACT
1. Separation
2. Unemployment or involuntary separation
3. Retirement
4. Permanent disability
5. Temporary disability
6. Survivorship
7. Funeral
8. Life Insurance
9. Such other benefits and protection as may be
extended to them by the GSIS such as loans.
CONDITIONS FOR AVAILMENT OF RETIREMENT
BENEFITS
1. A member has rendered at least 15 years of
service;
2. He is at least 60 years of age at the time of
retirement; and
3. He is not receiving a monthly pension benefit
frompermanent total disability (Sec. 13‐A)
RETIREMENT BENEFIT OPTIONS
The retiree may get either of the following:
1. Lump sum equivalent to 6 months of the basic
monthly pension (BMP) payable at the time of
retirement and an old‐age pension benefit equal to
BMP payable for life, starting upon the expiration of
the 5 years covered by the lump sum; or
2. Cash payment equivalent to 18 times his BMP and
monthly pension for life payable immediately. (Sec.
13[a])
TWO TYPES OF PERMANENT DISABILITY
1. Permanent total disability (PTD) ‐ accrues or arises
when recovery from any loss or impairment of the
normal functions of the physical and/or mental
faculty of a member which reduces or eliminates his
capacity to continue with his current gainful
occupation or engage in any other gainful
occupation is medically remote. [Section 2 (q) and
(s)]
2. Permanent partial disability (PPD) ‐ accrues or
arises upon the irrevocable loss or impairment of
certain portion/s of the physical faculties, despite
which the member is able to pursue a gainful
occupation. (Sec. 2[u])
TOTAL AND PERMANENT DISABILITIES
The following disabilities shall be deemed total and
permanent:
1. Temporary total disability lasting continuously for
more than one hundred twenty days, except as
otherwise provided for in the Rules;
2. Complete loss of sight of both eyes;
3. Loss of two limbs at or above the ankle or wrist;
4. Permanent complete paralysis of two limbs;
5. Brain injury resulting in incurable imbecility or
insanity; and
6. Such cases as determined by the Medical Director
of the System and approved by the Commission.
(Art.192(c), LC)
CONDITIONS FOR ENTITLEMENT TO DEATH
BENEFITS
The beneficiaries of a deceased Ee shall be entitled
to an income benefit if all of the following conditions
are satisfied:
1. The Ee has been duly reported to the System;
2. He died as a result of an injury or sickness; and
3. The System has been duly notified of his death, as
well as the injury or sickness, which caused his
death.
EEs ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR
PURPOSES OF CB
The entities covered are all persons employed in:
1. Commercial industrial, and agricultural
enterprises; and
2 In religious, charitable, medical or educational
institutions whether operating for profit or not. (Art.
243)
EEs ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR
MUTUAL AID AND PROTECTION
The following enjoy the right to self‐organization for
mutual aid and protection:
1. Ambulant workers
2. Intermittent workers
3. Itinerant workers
4. Self‐employed people
5. Rural workers
6. Those without and definite Er’s. (Art. 243)
EEs NOT GRANTED THE RIGHT TO SELF-
ORGANIZATION
1. High level or Managerial Government Ee’s. (Sec. 3,
E.O. 180)
2. Ee’s of International organizations with
immunities. (ICMC v. Calleja, G.R. No. 85750, Sep. 28,
1990)
3. Managerial Employees. (Art. 212 of LC)
4. Members of the AFP including the police officers,
policemen, firemen, and jail guards. (Sec. 4, E.O. 180)
5. Confidential Employees. (Metrolab Industries Inc.
v. Confesor, G.R. No. 108855, Feb. 28, 1996)
6. Employees of cooperatives who are its members.
(Benguet Elec. Coop. v. Ferrer‐ Calleja, G.R. No.
79025, Dec. 29, 1989); However they may form
worker’s association. (NEECO Ee’s Assoc. v. NLRC,
G.R. No. 16066, Jan. 24, 2000)
7. Non‐Ee’s. (Rosario Bros. v. Ople, G.R. No L‐5390,
July 31, 1984)
8. Gov’t Ee’s, including GOCC’s with original charters.
(Arizala v. CA, G.R. Nos. 43633‐ 34, Sep. 14, 1990)
9. Aliens without a valid working permit or aliens
with working permits but are nationals of a country
which do not allow Filipinos to exercise their right of
self‐ organization and to join or assist labor
organizations. (Art. 269 of LC; D.O. No. 9 [1997], Rule
II, Sec. 2)
REQUIREMENTS FOR VR
- The notice of VR shall be accompanied by the
original copy and 2 duplicate copies of the following
req’ts:
1. Joint statement under oath of VR
2. Certificate of posting of joint statement for 15
consecutive days in at least 2 conspicuous places in
the establishment of the bargaining unit
3. Certificate of posting
4. Approximate number of Ees in the bargaining unit
and the names of those who supported the
recognition
5. Statement that the labor union is the only LLO
operating within the bargaining unit.
PURPOSE OF A CERTIFICATION ELECTION
It is a means of determining the worker’s choice of:
1. Whether they want a union to represent them for
collective bargaining or if they want no union to
represent them at all.
2. And if they choose to have a union to represent
them, they will choose which among the contending
unions will be the sole and exclusive bargaining
representative of the employees in the appropriate
bargaining unit.
GROUNDS FOR DENYING THE PCE
1. The petitioning union or federation is not listed in
the DOLE’s registry of legitimate labor unions or that
its registration certificate legal personality has been
revoked or cancelled with finality
2. Failure of a local chapter or national
union/federation to submit a duly issued charter
certificate upon filing of the petition
3. The petition was filed before or after the
FREEDOM PERIOD of a duly registered CBA; provided
that the 60‐day period based on the original CBA
shall not be affected by any amendment, extension
or renewal of the CBA; (contract bar rule)
4. The petition was filed within 1 year from entry of
voluntary recognition or within the same period
from a valid certification, consent or run‐off election
and no appeal on the results of the certification,
consent or run‐off election is pending; (12‐month
bar; certification year bar rule)
5. A duly certified union has commenced and
sustained negotiations with the Er in accordance
with Art. 250 of the LC within the 1‐year period.
(negotiation bar rule)
6. There exists a bargaining deadlock which had
been submitted to conciliation or arbitration or had
become the subject of a valid notice of strike or
lockout to which an incumbent or certified
bargaining agent is a party. (deadlock bar rule)
7. In case of an organized establishment, failure to
submit the 25% support req’t for the filing of the
PCE.
8. Non‐appearance of the petitioner for 2
consecutive scheduled conferences before the med‐
arbiter despite due notice, and
9. Absence of Er‐Ee relationship between all the
members of the petitioning union and the owner of
the establishment where the proposed bargaining
unit is sought to be represented. (Sec.14[a], Rule VIII,
Book V, IRR, as amended by D.O. 40‐F‐03)
REQUIREMENTS OF CONTRACT BR RULE
The existing CBA must:
1. Be in writing and signed by all contracting parties
2. Contain the terms and conditions of employment
3. Cover employees in an appropriate bargaining unit
4. Be for a reasonable period or duration
5. Be ratified
6. Be registered with the BLR; and
7. The violation of the contract bar rule or the
existence of a duly registered CBA must be specially
pleaded as a defense.
INDICATIONS OF A GENUINE DEADLOCK
1. The submission of the deadlock to a third party
conciliator or arbitrator;
2. The deadlock is the subject of a valid notice strike
or lockout.
GROUNDS FOR CANCELLATION OF UNION
REGISTRATION
1. Misrepresentation, false statement or fraud in
connection with the:
a. Adoption or application of the constitution and
by‐laws or amendments thereto
b. Minutes of ratification and
c. List of members who took part in the ratification;
d. Election of officers
e. Minutes of the election of officers and
f. List of voters (Art. 239 as amended)
2. Voluntary dissolution by the members. (as
amended by R.A. 9481)
JURISDICTIONAL PRECONDITIONS IN COLLECTIVE
BARGAINING
1. Possession of the status of majority
representation of the employees representative in
accordance with any of the means of selection or
designation provided for the Labor Code
2. Proof of majority representation
3. A demand to bargain under Art. 250 (a) of the LC.
(Kiok Loy v. NLRC, G.R. No. L‐ 54334, Jan.22, 1986)
POWERS OF A VOLUNTARY ARBITRATOR
1. Hold hearings
2. Receive evidence
3. Take whatever action necessary to resolve the
dispute including efforts to effect a voluntary
settlement between parties. (Art. 262‐A)
ARBITRATION INITIATION
1. Submission agreement
2. Demand notice
ENFORCEMENT POWER
- It is the power of the SLE to:
1. Issue compliance orders
2. Issue writs of execution for the enforcement of
their orders, except in cases where the employer (Er)
contests the findings of the labor officer and raise
issues supported by documentary proof which were
not considered in the course of inspection
3. Order stoppage of work or suspension of
operation when non‐compliance with the law or
implementing rules and regulations poses grave and
imminent danger to health and safety of workers in
the workplace
4. Require Ers to keep and maintain such
employment records as may be necessary in aid to
the visitorial and enforcement powers
5. Conduct hearings within 24 hours to determine
whether:
a. An order for stoppage of work or suspension of
operations shall be lifted or not; and
b. Er shall pay employees concerned their salaries in
case the violation is attributable to his fault. (As
amended by RA 7730; Guico v. Secretary, G.R. No.
131750, Nov.16, 1998)
3 KINDS OF POWERS OF THE SECRETARY OF LABOR
AND EMPLOYMENT (SLE)
1. Visitorial powers
2. Enforcement powers
3. Appellate or power to review
RULE ON THE RECOVERY OF SIMPLE MONEY
CLAIMS
1. The aggregate money claim of each employee (Ee)
or househelper (HH) does not exceed P5,000.
2. The claim is presented by an Ee or person
employed in the domestic or household service or
HH.
3. The claim arises from Er‐Ee relationship.
4. The claimant does not seek reinstatement.
PARTIES TO LABOR RELATIONS CASES
1. Employees organization
2. Management
3. The public
Note: Employer and Ees are active parties while the
public and the State are passive parties. (Poquiz,
2006, p.3)
POWERS OF THE NLRC
1. Rule making power
a. Governing disposition of cases before any of its
division/regional offices.
b. Pertaining to its internal functions
c. As may be necessary to carry out the purposes of
the Labor Code.
2. Power to issue compulsory processes (administer
oaths, summon parties, issue subpoenas)
3. Power to investigate matters and hear dispute
within its jurisdiction
4. Contempt power
5. Ocular Inspection
6. Power to issue injunctions and restraining orders
LABOR –ONLY CONTRACTING
- It refers to an arrangement where the following
conditions concur:
1. The person supplying workers to an Er does not
have substantial capital or investment in the form of
tools, equipment, machineries, work, premises,
among others, or
2. Even if such person has substantial assets, the
same are not actually or directly used by the Ees
contracted out;
3. The workers recruited and placed by such person
are performing activities which are directly related
to the principal business of such Er.
CHARACTERISTICS OF A STRIKE
1. Existence of an Er‐Ee relationship
2. Existence of a labor dispute
3. Employment relation is deemed to continue
although in a state of belligerent suspension
4. Temporary work stoppage
5. Work stoppage is done through concerted action
6. The striking group is a legitimate labor
organization; in case of a bargaining deadlock, it
must be the employees’ sole bargaining
representative
TYPES OF STRIKE
1.Economic strike – used to secure the economic
demands such as higher wages and better working
conditions for the workers
2. ULP strike – protest against ULP of management
FORMS OF STRIKE
1. Legal Strike
2. Illegal Strike
3. Economic Strike
4. ULP Strike
5. Slow Down Strike
6. Wild‐Cat Strike
7. Sit Down Strike
TESTS IN DETERMINING THE LEGALITY OF THE
STRIKE
The following must concur:
1. Purpose test
2. Compliance TEST
3. Means employed TEST
CONTENTS OF NOTICE OF STRIKE/LOCKOUT
1. Name and addresses of Er
2. Union involved
3. Nature of the industry to which the Er belongs
4. Number of union members
5. Workers in the bargaining unit
6. Other relevant date
7. In case of bargaining deadlocks: unresolved
issues, written proposals of the union, counter‐
proposals of the Er and proof of request for
conference to settle differences
8. In case of ULP: The acts complained of, and the
efforts taken to resolve the dispute
POWER OF THE PRESIDENT DURING
STRIKES/LOCKOUTS
1. May determine the industries, which are in his
opinion indispensableto national interest
2. ASSUMPTION POWER May intervene at any time
and assume jurisdiction over any such labor dispute
in order to settle or terminate the same. (Art.
263[g])
Note: The decision of the President/SLE is final and
executory after receipt thereof by the parties.
ILLEGAL STRIKE
1. Contrary to specific prohibition of law, such as
strike by employees (Ees) performing governmental
functions;
2. Violates a specific req’t of law;
3. Declared for an unlawful purpose, such as
inducing the employer (Er) to commit ULP against
non‐union Ees;
4. Employs unlawful means in the pursuit of its attorney's fees. (Sec. 6, Rule VI, NLRC 2005 Rules of
objective, such as widespread terrorism of non‐ Procedure)
strikers; SURETY BOND ISSUER
5. Declared in violation of an existing injunction; - It shall be issued by a reputable bonding company
6. Contrary to an existing agreement, such as a no duly accredited by the Commission or the SC, and
strike clause or conclusive arbitration clause shall be accompanied by original or certified true
DISTINCTION BETWEEN JURISDICTION OF THE LA copies of:
AND NLRC 1. A joint declaration under oath by the Er, his
1. The NLRC has exclusive appellate jurisdiction on counsel, and the bonding company, attesting that
all cases decided by the LA. the bond posted is genuine, and shall be in effect
2. The NLRC does not have original jurisdiction on until final disposition of the case.
the cases over which the LA have original and 2. An indemnity agreement between the Er‐
exclusive jurisdiction. appellant and bonding company;
3. The NLRC cannot have appellate jurisdiction if a 3. Proof of security deposit or collateral securing the
claim does not fall within the exclusive original bond: provided, that a check shall not be considered
jurisdiction of the LA. as an acceptable security;
CASES UNDER LABOR ARBITERS (LAs) 4. A certificate of authority from the Insurance
Exclusive and original jurisdiction to hear and decide Commission;
the following cases involving all workers: 5. Certificate of registration from the SEC;
1. ULP cases 6. Certificate of authority to transact surety business
2. Termination disputes from the Office of the President;
3. If accompanied with a claim for reinstatement, 7. Certificate of accreditation and authority from the
those that workers file involving wages, rates of pay, SC; and
hours of work and other terms and conditions of 8. A notarized board resolution or secretary's
employment certificate from the bonding company showing its
4. Claims for actual, moral, exemplary and other authorized signatories and their specimen
forms of damages arising from Er‐ Ee relations signatures. (Sec. 6, Rule VI, NLRC 2005 Rules of
5. Cases arising from any violation of Art. 264, Procedure)
including questions involving the legality of strikes
and lockouts;
6. Except claims for Employment Compensation,
Social Security, Philhealth and maternity benefits, all
other claims arising from Er‐Ee relations, including
those of persons in domestic or household service,
involving an amount exceeding P5000 regardless of
whether accompanied with a claim for
reinstatement
7. Monetary claims of overseas contract workers
arising from Er‐Ee relations under the Migrant
Worker’s Act of 1995 as amended by RA 10022
8. Wage distortion disputes in unorganized
establishments not voluntarily settled by the parties
pursuant to RA 6727
9. Enforcement of compromise agreements when
there is non‐compliance by any of the parties
pursuant to Art. 227 of the Labor Code (LC), as
amended; and
10. Other cases as may be provided by law
FORMS OF APPEAL BOND
It shall either be in the form of
1. cash deposit
2. surety bond equivalent in amount to the
monetary award, exclusive of damages and