Labor Relations
Labor Relations
Labor Relations
MEMORY AID
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
ART. 211. DECLARATION OF POLICY
LABOR RELATIONS the interactions
between the employer and employees
and their representatives and the
mechanism by which the standards and
other
terms
and
conditions
of
employment are negotiated, adjusted
and enforced.
LABOR RELATIONS LAW those
intended to stabilize the relations of
employees and their employers, adjust
differences between them through the
encouragement of collective bargaining,
and settle labor disputes through
conciliation, mediation and arbitration.
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
LABOR LAW
a.
b.
c.
any
The test
of whether a labor controversy comes
within the definition of a labor dispute
depends on whether it involves or
concerns
terms,
conditions
of
employment, or representation.
TYPES OF LABOR DISPUTES:
1. Labor Standards Disputes
a. Compensation
[e.g.,
underpayment
of
minimum
wage; stringent output quota;
illegal pay deductions]
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
[ e.g., nonpayment of
holiday pay, overtime pay or other
benefits]
Working conditions [e.g., unrectified
work hazards]
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
IN
LABOR LAW
LABOR
EN BANC
1.
Promulgating
rules
&
regulations
governing
the
hearing & disposition of cases
before any of its divisions and
regional
branches
and
formulating policies affecting
its
administration
and
operations.
2.
DIVISION
1.
Exercises
adjudicatory
or
appellate power over decisions
of Labor Arbiters and Regional
Directors of the DOLE over
monetary claims not over
P5,000.00 and all other powers,
functions and duties through its
divisions.
TRIPARTISM
Three
(3)
sectors
are
represented in the composition
of the NLRC.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
from
LABOR LAW
the
IN
A.
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF THE NLRC:
1. Cases certified to it for compulsory
arbitration by the Secretary of Labor
under Art. 263 CERTIFIED CASES;
2. INJUNCTION CASES under Art. 218
and 264; AND
3. CONTEMPT CASES
B.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
CHAPTER II
POWERS AND DUTIES
7. MONETARY
CLAIMS
OF
OVERSEAS CONTRACT WORKERS
under the Migrant Workers Act of
1995; and
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF LABOR ARBITERS:
1. ULP cases;
2. TERMINATION disputes;
LABOR LAW
3. If accompanied WITH A
CLAIM FOR REINSTATEMENT,
those cases that workers may
file involving wages, rates of
pay, hours of work and other
terms
and
conditions
of
employment;
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
jurisdiction
is
POWERS OF THE
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
LABOR LAW
temporary
injunction
upon
hearing after notice;
3. The complainant shall first FILE
AN
UNDERTAKING
WITH
ADEQUATE SECURITY/BOND in
an amount to be fixed by the
Commission
sufficient
to
recompense those enjoined for
any loss, expenses or damage
caused by the improvident or
erroneous issuance of such order
or injunction, including all
reasonable costs, together with
a reasonable attorneys fee, and
expense of defense against the
granting of any injunctive relief
sought in the same proceeding
and subsequently denied by the
Commission.
The TRO shall be effective
for no longer than 20 days and shall
become void at the expiration of
said 20 days counted from the date
of the posting of the bond.
It may be lifted or it may be
upgraded to a permanent injunction.
The
procedural
and
substantial requirements of Art 218
(e) must be strictly complied with
before an injunction may issue in a
labor dispute.
THE FOLLOWING CAN ISSUE
INJUNCTIONS/ TRO IN LABOR DISPUTES:
1. President (ART. 263, g)
2. Secretary of Labor (ART. 263, g)
3. NLRC (218)
4. Labor Arbiters (ART. 217/RULE XI
Sec. 1 of IR&R)
5. Regional Directors
6. Med- Arbiters
ART. 219. OCULAR INSPECTION
The Chairman, any Commissioner,
labor Arbiter or their duly authorized
representatives may, at anytime during
working hours:
a. Conduct an ocular inspection on
any establishment, building,
ship,
place
or
premises,
including any work, material,
implement,
machinery,
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
PURPOSE: to
fix the limit on the
amount
of
attorneys
fees.
The
victorious
party may recover
in
any
administrative or
judicial
proceeding.
Prohibits
the
payment
of
attorneys fees only
when it is effected
through
forced
contribution from the
workers from their
own
funds
as
distinguished
from
union funds
PURPOSE:
to
prevent
the
imposition on the
workers of the duty
to
individually
contribute
their
respective shares in
the fee to be paid to
the attorney for his
services to the union.
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1.
WITHIN
WHICH
LABOR LAW
ART. 222
Prohibits the
award of attorneys
fees which exceed
10% of the amount
of
wages
recovered.
IN
TO
PERIOD
TO
APPEALNOT
EXTENDIBLE
It is the policy of the state to
settle expeditiously labor
disputes.
The perfection of an appeal
within
the
statutory/
reglementary period is not
only mandatory but also
jurisdictional and failure to
do so renders the questioned
decision final and executory
as to deprive the appellate
court of jurisdiction to alter
the final judgment of the
RDs and LAs.
(Aboitiz
Shipping
Employees
Association vs. Trajano)
REQUISITES FOR THE PERFECTION
OF AN APPEAL TO THE NLRC:
1. Filing
of
A
VERIFIED
MEMORANDUM OF APPEAL within
the required period of appeal;
2. In case of monetary award, when
the appellee is the employer he
should file an APPEAL BOND
corresponding to the monetary
award excluding awards for moral
and exemplary damages and
attorneys fees.
Where the employer
failed to post a bond to
perfect its appeal, the
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
10
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
11
MEMORY AID
ART 224.
EXECUTION
DECISIONS, ORDER, OR AWARDS
OF
IN
LABOR LAW
BUREAU
OF
LABOR
Jurisdiction
over
labormanagement
problems
or
disputes is also exercised by
other offices such as the DOLE
regional offices, and the Office
of the Secretary, NLRC, POEA,
OWWA, SSS-ECC, the regional
wage and productivity boards,
NWPC, and even the regular
courts
over
intra-corporate
disputes.
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF THE BLR
-to act at its own initiative or upon
the request of either or both parties on
all:
1.
2.
3.
all DISPUTES, GRIEVANCES OR
PROBLEMS ARISING FROM OR
AFFECTING LABOR MANAGEMENT
RELATIONS IN ALL WORKPLACES
WHETHER AGRICULTURAL OR NONAGRICULATURAL.
The parties may however, by
agreement,
settle
their
differences by submitting their
case to a voluntary arbitrator
rather than taking the case to
the BLR.
CASES WHERE THE BLR HAS NO
JURISDICTION:
Those
arising
from
the
implementation or interpretation of
collective bargaining agreements which
shall be subject of grievance procedure
and/or voluntary arbitration.
TITLE III
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
12
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
13
MEMORY AID
IN
LABOR LAW
memorandum of appeal
3. Based on either of
the following grounds:
a. Grave abuse of
discretion
b. Gross violation
of the Rules
4. With supporting
arguments and evidence
Within 10 days from
PERIOD
receipt of decision
1. Bureau of Labor
TO WHOM
Relationsif the case
APPEALABLE
originated from the Med
Arbiter/Regional
Director
2. Sec. Of Laborif the
case originated from the
Bureau
Regional Office or to the
WHERE FILED
BLR, where the
complaint originated
(records are transmitted
to the BLR or Sec.
1. For grounds
Sec. 1:
Withinunder
24 hours
from
WHO
a. receipt
any LLOof the
b. memorandum
member(s) thereof
of appeal)
specially concerned
2. For grounds under Sec. 2any
party-in-interest
1. Regional Office that issued its
WHERE
certificate of registration or
FILED
EFFECTS OF FILING/PENDENCY OF
certificate of creation of
INTER/INTRA-UNION
DISPUTE
AND
chartered local- If it involves labor
unions with independent
OTHER LABOR RELATIONS DISPUTES
registrations, chartered locals,
(Section 3 Rule XI DO 40-03)
workers association, its officers or
- The rights, relationships and obligations of
members
the parties litigants against each other and
2. Directly with the BureauIf it
other parties-in-interest prior to the
involves a Federation/National
institution of the petition shall continue to
Unions/Industry Unions, its
officers or members
remain during the pendency of the petition
1. in writing
and until the date of finality of the decision
FORMAL
2. verified under oath
rendered therein. Thereafter, the rights,
REQUIRE3. contains the following
relationships and obligations of the parties
MENTS
averments
litigants against each other and other partiesa. name, address and other
in-interest shall be governed by the decision
personal circumstances of the
so ordered.
complainant(s) or petitioner(s);
- The filing or pendency of any inter/intrab. name, address and other
union disputes is not a prejudicial question to
personal circumstances of the
respondent(s)
or
person(s)
any petition for certification election and
charged;
shall not be a ground for the dismissal of a
c. nature of the complaint or
petition for certification election or
petition;
suspension of proceedings for certification
d. facts and circumstances
election.
surrounding the complaint or
petition;
SUMMARY OF RULES ON INTRA/INTERe. cause(s) of action or specific
violation(s) committed;
UNION DISPUTES (Rule XI DO 40-03)
f. a statement that the
administrative remedies provided
MODES OF APPEAL IN INTRA/INTERfor in the constitution and by-laws
UNION DISPUTES (Rule XI DO 40-03)
-have been exhausted or
-such remedies are not
1. Under oath
HOW (formal
readily available to the
2. Consist of a
requirements)
complainant(s) or
petitioner(s) through no fault
of his/their own or
-compliance with such
administrative remedies does
LABOR LAW COMMITTEE
not apply
complainant(s)
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT
HEADSto
: Aimee
Roselle or
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws)
EDP: Flora Sherry Basquiez
petitioner(s);
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye
g. Pioquinto
relief(s) prayed for;
h. certificate of non-forum
shopping; and
i. other relevant matters
14
MEMORY AID
LABOR LAW
EMPLOYER-
DETERMINATION OF
EMPLOYEE RELATIONSHIP:
-
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
15
MEMORY AID
REQUIREMENTS
QUITCLAIM:
OF
VALID
IN
LABOR LAW
ON
to
until
minimize
union
the proper time
ART
233.
COMMUNICATION
PRIVILEGED
PRIVILEGED
COMMUNICATION:
Any
statement of such privacy that the law
exempts the person receiving the
information from the duty to disclose it.
Information and statements made at
conciliation proceedings shall be treated
as privileged communication and shall
not be used as evidence in the
Commission.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
16
MEMORY AID
IN
LABOR LAW
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND CANCELLATION
approximate
number
of
employees in the bargaining
unit where it seeks to
operate, with a statement
that it is not reported as a
chartered local of any
federation or national union;
the
minutes
of
the
organizational
meeting(s)
and the list of employees
who participated in the said
meeting(s);
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
17
MEMORY AID
file
application
for
LABOR LAW
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
18
MEMORY AID
REQUIREMENTS
BEFORE
FEDERATION
CAN
BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
is the
agent.
IN
LABOR LAW
incumbent
bargaining
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
19
MEMORY AID
INDEPENDENT
REGISTRATION
INDEPENDENTLY
CHARTERING
IN
LABOR LAW
UNREGISTERED
REGISTERED
of
b.EFFECT
OF
With legal
DISAFFILIATION
personalit
TO THE
y UNION
of its
[local]
own
Applicatio
n
for
registratio
n is filed
with and
will
be
acted
upon by
the DOLE
c. EFFECT
OF
regional
DISAFFILIATION
office
TO THE
CBAthe
where
applicant
s principal
office is
located.
Independent
union
Chapter/local
Charter
certificate is
issued by a
federation or
national
union is filed
with
the
regional
office or BLR
- with
an existing
30 days CBA would
continue to be valid as the
after
the
labor
organization
can
issuance
of
continue administering
the
charter
CBAthe
certificate.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
20
MEMORY AID
d. ENTITLEMENT
TO UNION DUES
AFTER
DISAFFILIATION
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
WHEN TO DISAFFILIATE
GENERAL RULE: A labor union may disaffiliate from the mother union to form an independent
union only during the 60-day freedom period immediately preceding the expiration of the
CBA.
EXCEPTION: DISAFFILIATION BY MAJORITY
This happens when there is a substantial shift in allegiance on the part of the majority
of the members of the union. In such a case, however, the CBA continues to bind the
members of the new or disaffiliated and independent union up to the CBAs expiration
date.
LIMITATION: disaffiliation should be in accordance with the rules and procedures stated in the
Constitution and by-laws of the federation.
The revocation shall divest the local chapter of its legal personality upon receipt of the
notice by the Bureau, unless in the meantime the local chapter has acquired
independent registration. (Rule VIII Section 5 of the IRR)
WORKERS ASSOCIATION: Association of workers for the mutual aid and protection of its
members or for any legitimate purpose other than collective bargaining.
ART. 236. DENIAL OF REGISTRATION; APPEAL
- Decisions of the BLR denying the registration of a labor organization is appealable to the
Secretary of Labor within 10 calendar days from receipt of the decision, on grounds of:
decision of the regional office or the bureau denying the application for registration shall be:
1. in writing
2. stating in clear terms the reason for the decision
3. applicant union must be furnished a copy of said decision
ART. 238. CANCELLATION OF REGISTRATION; APPEAL
The certificate of registration of any legitimate labor organization shall be cancelled by
the BLR if it has reason to believe, after due hearing, that the said labor organization no
longer meets one or more of the requirements prescribed by law.
GROUNDS FOR CANCELLATION:
1. Failure to comply with any of the requirements prescribed under Arts. 234
(requirements for registration of a labor union) & 237 (addl. reqts. federation
registration) of the Code.
2. Violation of any of the provisions of Art. 239 (grounds for cancellation of union
registration) of the Code
3. Commission of any of the acts enumerated under Art. 241 (rights and conditions of
membership) of the code- No petition for cancellation based on this ground 0may be
granted unless supported by at least 30% of all the members of the respondent labor
organization or workers association.
MODES OF APPEAL
DENIAL or CANCELLATION BY:
A. Regional Office
transmit records within 24
hours from receipt of Memo of
Appeal
BUREAU decides within 20
days from receipt of records
SUPREME COURT- Rule 65
B. Bureau
transmit records within 24
hours from receipt of memo
of appeal
SEC. OF DOLE decides within
20 days from receipt of
records
SUPREME COURT- Rule 65
*Appeal by memo of appeal
within 10 days from receipt of
notice.
GROUNDS:
1. Grave abuse of discretion
2. Violation of rules as
amended.
newly
B. INACTION OR OMISSION
1. Failure to submit the following documents
[RATIFICATION OF CONSTI/BY-LAWS]:
a. the adoption or ratification of
the constitution and by-laws or
amendments thereto,
b. the minutes of ratification, and
the list of members who took part in the ratification
*Within 30 days from adoption or ratification of
the constitution and by-laws or
amendments thereto.
2. Failure to submit the Annual Financial report to the Bureau within 30 days after the closing
of every fiscal year and misrepresentation, false entries and fraud in the preparation of the
financial report itself;
3. Failure to submit a LIST OF INDIVIDUAL MEMBERS of the Bureau once a year or whenever
required by the Bureau; and
4. Failure to comply with the REQUIREMENTS UNDER ARTICLES 237.
C. UNLAWFUL ACTS
1. Acting as a labor contractor or engaging in the CABO SYSTEM, or otherwise engaging in
any activity prohibited by law;
2. Entering into collective bargaining agreements which provide terms and conditions of
employment below minimum standard established by law [CBA-BELOW MINIMUM
STANDARDS]; (Sweetheart Agreements)
3. Asking for or ACCEPTING ATTORNEYS FEES OR NEGOTIATION FEES from the employers;
4. Other than for mandatory activities under this Code, checking off special assessment or any
other fees without duly signed individual written authorization of the members
[UNLAWFUL ASSESSMENTS];
CANCELLATION OF REGISTRATION
A. FOR:
1. Legitimate individual labor
union.
B. 2.
FOR:
Chartered local
1. 3.
Federations
Workers association
2. National or Industry unions
3. Trade union centers
WHERE TO FILE
Regional Director who has
WHERE TO FILE
jurisdiction over the place
- where
Bureaurespondent
Director ( 30principally
days to
decide)
operates (30 days to decide).
WHOWHO
MAYMAY
FILEFILE
Only
the
members
- Any party in
interest,ofifthe
ground
Labor
Organization
concerned
is:
if grounds
are actions
a. Failure
to comply
with any of
involving
violations
of Art.
the requirements under
Arts.
241,
subject
to
the
234, 237 and 238 LC 39% rule
b. Violation of any provision under
Art. 239, LC
Take note of the cancellation
proceedings if violation is D and
J of Art. 239, LC
REPORTING REQUIREMENTS OF LABOR UNIONS AND WORKERS ASSOCIATIONS (Rule V DO 4003)
- It shall be the duty of every legitimate labor union and workers association to submit to the
Regional Office or Bureau which issued its certificate of registration or certificate of creation
of chartered local, as the case may be, two (2) copies of each of the following documents:
a. any amendment to its constitution and by-laws and the minutes of adoption or
ratification of such amendments, within 30 days from its adoption or ratification;
b. annual financial reports within 30 days after the close of each fiscal or calendar year;
c. updated list of newly-elected officers, together with the appointive offices or agents
who are entrusted with the handling of funds, within 30 days after each regular or
special election of officers, or from the occurrence of any change in the officers of
agents of the labor organization or workers association
d. updated list of individual members of chartered locals, independent unions and
workers associations within 30 days after the close of each fiscal year; and
e. updated list of its chartered locals and affiliates or member organizations, CBAs
executed and their effectivity period, in the case of federations or national unions,
within 30 days after the close of each fiscal year, as well as the updated list of their
authorized representatives, agents or signatories in the different regions of the
country.
RULES ON ADMINISTRATIVE CANCELLATION OF CERTIFICATE OF REGISTRATION OF LLOs DUE
TO NON-COMPLIANCE WITH THE REPORTORIAL REQUIREMENTS:
WHEN
PROPER
WHO MAY
FILE THE
PETITION
THREENOTICE
REQUIRE
MENT
1st Notice
Bureau
shall
send
by
registered mail with return
card notice for compliance
indicating the documents it
failed to submit and the
corresponding period in
which they were required,
with notice to comply with
the
said
reportorial
requirements and to submit
proof thereof to the Bureau
within 10 days from receipt
thereof
2nd Notice
Where no response is
received by the Bureau
within 30 days from the
release of the 1st notice,
another
notice
for
compliance shall be made
by the Bureau, with warning
that failure on its part to
comply with the reportorial
requirements within the
time specified shall cause
the continuation of the
proceedings
for
the
administrative cancellation
of its registration
3rd Notice
Where no response is again
received by the Bureau
within 30 days from release
of the 2nd notice, the Bureau
shall cause the publication
of the notice of cancellation
of registration of the labor
organization
in
2
newspapers
of
general
circulation.
When
no
response
is
received by the Bureau
within 30 days from the
date of publication or when
the Bureau has verified the
dissolution of the labor
organization, it shall order
the
cancellation
of
registration of the labor
organization AND cause its
de-listing from the roster of
legitimate
labor
organizations
CHAPTER II
RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS OF MEMBERSHIP IN A LABOR ORGANIZATION
GENERAL GROUPINGS OF THE RIGHTS OF THE UNION MEMBERS:
1. Political right - the right to vote and be voted for, subject to lawful provisions on
qualifications and disqualifications.
2. Deliberative and Decision-Making Right - the right to participate in deliberations on major
policy questions and decide them by secret ballot.
3. Rights Over Money Matters - the right of the members:
a.
b.
c.
d.
e.
f.
g.
Any violation of the above rights and conditions of membership shall be a ground for
cancellation of union registration or expulsion of an officer from office, whichever is
appropriate. At least 30% of all the members of the union or any member or members
specifically concerned may report such violation to the Bureau.
In general, a union is free to select its own members, and no person has an absolute
right to membership in a union.
a. The labor org. cannot compel employees to become members of their labor organization if
they are
already member of rival union.
b. persons mentioned in Art. 241(e) [subversives] of the labor code are prohibited from
becoming a member a labor organization.
c.
3.
the approval must be AT A GENERAL MEMBERSHIP MEETING DULY called for that
purpose
a.
b.
c.
The secretary of the organization shall record the minutes of the meeting including:
the list of all members present,
the votes cast, and
the purpose of the assessment or
fees
- non-members of the
bargaining
agent
(union)
for
the
enjoyment of the
benefits under the
CBA.
- May be deducted
from the salary of
employees
without
their consent.
Agency fee cannot be imposed on employees already in the service and are members of
another union. If a closed shop agreement cannot be applied to them, neither may an agency
fee, as a lesser form of union security, be imposed to them. (NABAILU vs. San Miguel Brewery
Inc)
EXCEPTION TO THE REQUIREMENT OF INDIVIDUAL WRITTEN AUTHORIZATION:
1.For mandatory activities provided under the Code; and
2.When non-members of the union avail of the benefits of the CBA.
- said non-members may be assessed union dues equivalent to that paid by members
- only by a Board Resolution approved by majority of the members in a general meeting
called for the purpose
Will the employees-members of another union not be considered as free riders?
No since when the union bids to be the bargaining agent, it voluntarily assumes the
responsibility of representing all employees in the appropriate bargaining unit.
SPECIAL ASSESSMENT vs. CHECK-OFF
SPECIAL
ASSESSMENTS
CHECK-OFF
a. HOW APPROVED
-by written resolution
approved by majority
of all the members at
a meeting duly called
for that purpose
b.
EXCEPTION TO
SUCH REQUIREMENT
-no exceptionwritten
resolution
is
mandatory
at
all
instances.
(Union Dues)
-by
obtaining
the
individual
written
authorization
duly
signed
by
the
employee which must
specify:
a. amount
b. purpose and
c. beneficiary
of
the deduction.
(Agency Fees)
-not necessary if:
1.
For
mandatory
activities
provided
under the Code; and
2. When non-members
of the union avail of
the benefits of the
CBA.
Said
nonmembers
may
be
assessed agency fees
equivalent to that
paid by members only
by a Board Resolution
approved by majority
of the members in a
general meeting called
for the purpose.
CHAPTER III
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
RIGHTS OF A LEGITIMATE LABOR ORGANIZATION [USERFOE]:
1.Undertake activities for benefit of members
2.Sue and be sued
3.Exclusive representative of all employees
4.Represent union members
5.Furnished by employers of audited financial statements
6.Own properties
7.Exempted from taxes
TITLE V
COVERAGE
ART. 243. COVERAGE AND EMPLOYEES RIGHT TO SELFORGANIZATION
PERSONS/EMPLOYEES ELIGIBLE TO JOIN A LABOR ORGANIZATION FOR PURPOSES OF
COLLECTIVE BARGAINING:
1. All persons employed in commercial, industrial and agricultural (CIA) enterprises, and
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
ORIGINAL
CHARTER
- The GOCC is
created under
Corporation Code,
then employees are
covered by the Labor
Code.
Therefore
the employees have
the same rights as
those as employees
of private
corporations, one of
which is the right to
strike.
- The GOCC is
created under
Corporation Code,
being governed by the
Labor Code, they can
bargain with the
government
concerning the terms
and
conditions of
their employment.
Thus, they have
unlimited bargaining
rights.
employees
(Metrolab
vs.
a. appointments
b. promotion
c. assignments/details
d. reclassification/upgrading of position
e. revision of compensation structure
f. penalties imposed as a result of
disciplinary actions
g. selection of personnel to attend seminar, trainings, study grants
h. distribution of work load
i. external communication linkages
Government employees and employees of government-owned and controlled
corporations with original charters may bargain, however, such bargaining power is
limited.
NOTE:
The Public Sector Labor Management Council (PSLMC), created by E.O. 180 has
jurisdiction to hear charges of ULP filed by government employees against their employer.
REASONS WHY EMPLOYEES IN GOCCs INCORPORATED UNDER THE CORPORATION CODE ARE
ALLOWED TO ORGANIZE:
TO
JOIN
ANY
LABOR
MANAGERIAL EMPLOYEE - one who is vested with powers or prerogatives to lay down and
execute management policies and /or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline employees.
MANAGERIAL EE UNDER LS AND LR
Managerial
Managerial
Employees under
Employees
Labor Standards
under Labor
Relations
a. POWERS/DUTIES
- primary duty consists - See definition
of the management of above
the establishment in
which
they
are
employed or of a
department
or
subdivision
- does not include
b. EXTENT
- includes the officers the managerial
and members of the staff since they are
classified as
managerial staff
c. PURPOSE OF
DEFINITION
- to determine w/n
certain employees are
covered by Book III of
the LC on Conditions of
supervisory
employees [who
may/may not be
eligible to join a
labor union with
the rank and file
employees]
- to determine an
employees
eligibility
in
joining/forming a
labor union.
Employment.
Reason for ineligibility in the collective bargaining process, managerial employees are the
alter ego of the employers and thus they are supposed to be on the side of the employer to
act as its representatives, and to see to it that its interests are well protected. The employer
is not assured of such protection if these employees are union members.
In the same manner, the labor union might not be assured of their loyalty to the union
in view of the evident conflict of interest.
The union can also become company-dominated with the presence of managerial
employees in Union Membership (Bulletin Publishing Co. Inc. vs. Hon. Augusto
Sanchez).
SUPERVISORY EMPLOYEES - those who, in the interest of the employer, effectively
recommend such managerial actions if the exercise of such authority is not merely routinary
or clerical in nature but requires the use of independent judgment.
The TEST IS: Do they exercise independent judgment which is not subject to
evaluation of other department heads/other superiors? If in the affirmative, then they
may-must form a labor organization of their own [separate from the rank and file
employees]
If their responsibilities do not inherently require the exercise of discretion and
independent judgment [or merely routinary/clerical in nature] then they may join the
union composed of the rank and file employees.
NOTE: It is the nature of the employees functions and not the nomenclature or title given to
his job which determines whether he has a rank and file or managerial status. (Engineering
Equipment, Inc. vs. NLRC)
MAY THEY AFFILIATE WITH A FEDERATION OF LABOR ORGANZATIONS OF RANK AND FILE
EMPLOYEES?
YES. Provided that:
a. the federation is not actively involved in union affairs in the company; and
b. the rank and file employees are not directly under the control of the supervisors
(Adamson vs. Adamson)
EFFECT OF HAVING MIXED MEMBERSHIP A union whose membership is a mixture of the
supervisors and the rank and file is not and cannot become a legitimate labor organization. It
cannot petition for a certification election, much less ask to be recognized as the bargaining
representative of employees.
CONFIDENTIAL EMPLOYEES - by the very nature of their functions, they assist and act in a
confidential capacity to, or, have access to confidential matters of persons who exercise
managerial functions in the field of labor relations. Therefore, the rationale behind the
ineligibility of managerial employees to form, assist or join a labor union equally applies to
them. (Philips Industrial Devt Inc. Vs. NLRC)
- they are entrusted with confidence on delicate matters, or with the custody, handling, or
care and protection of the employers property. Under the doctrine of necessary implication,
confidential employees are similarly disqualified under Article 245. (Republic Planters Bank vs.
Torres)
NOTE: The phrase in the field of labor relations is important. It stresses labor nexus, i.e.,
confidentiality of the position is related or linked to labor relations matters.
Access to information which is regarded by the employer to be confidential from the
business standpoint, such as financial information or technical trade secrets, will not
render an employee a confidential employee. (SMC Supervisors & Exempt Union vs.
Hon. Laguesma, et al.)
Confidentiality is not a matter of official rank, it is a matter of job content and
authority. It is not measured by closeness to or distance from top management, but by
the significance of the jobholders role in the pursuit of corporate objectives and
strategies.
Every managerial position is confidential because one does not become a manager
without having gained the confidence of the appointing authority. But not every
confidential employee is managerial; he may be a supervisory or even a rank-and-file
employee.
restrain,
coerce,
discriminate against, or
unduly interfere
Any act intended to weaken or defeat the right is regarded by law as an offense, which
is technically called unfair labor practice.
TITLE VI
It also refers to gross violation of CBA provisions. Gross means the act is malicious and
flagrant.
2 ASPECTS OF UNFAIR LABOR PRACTICE:
CIVIL CASE
CRIMINAL CASE
A. PERSONS LIABLE
1. Officers and 1. Agents and officers
agents
of who
participated
or
employer or
authorized or ratified
2. Labor
the act.
organization,
2. Agents,
officers
and representatives, members
agents
of the government board,
including
ordinary
members
B. JURISDICTION
-Labor Arbiters of -MTC/RTC as the case
the NLRC
may be.
C. QUANTUM OF PROOF NEEDED
-substantial
-beyond reasonable doubt
evidence
[subject to prosecution
and punishment]
D. PRESCRIPTIVE PERIOD
- one year from - one year from the
the accrual of the accrual of the ULP act,
ULP act.
however
it
will
be
suspended
once
the
administrative case has
been filed and would only
continue running once the
administrative case has
attained finality.
Final judgment in the
administrative
proceeding finding that
ULP has been committed
is a prerequisite in filing
a criminal case for ULP
NOTE: Final judgment in
the
administrative
proceedings shall not be
binding in the criminal
case
nor
shall
be
considered
as
an
evidence of guilt but
merely as a proof of
compliance
of
the
requirements prescribed
by the Code.
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
ART 248. ULP THAT MAY BE COMMITTED BY AN EMPLOYER (1-10)
5. To DISCRIMINATE IN REGARD TO WAGES, hours of work, and other terms and conditions of
employment in order to encourage or discourage
membership in any labor
organization.
TEST OF DISCRIMINATION- whenever benefits or privileges given to one is not given to the
other under similar or identical conditions when directed to encourage or discourage union
membership (see more discussions below)
6. To DISMISS, DISCHARGE OR
OTHERWISE PREJUDICE OR DISCRIMINATE against an
employee
- for having given or being about to give testimony under this Code; (The only ULP act
which is not anti-unionism)
DISCRIMINATION BECAUSE OF TESTIMONY
TEST: the subject matter of the testimony can be anything under the Code
what is ULP is the employer's retaliatory act regardless of the subject of employee's
complaint or testimony
7. TO VIOLATE THE DUTY TO BARGAIN
disputes; or
9.
COMPANY UNIONISM
1. Initiation of the company union idea by:
a. outright formation by employer or his representatives
b. employee formation on outright demand or influence by employer
c. managerially motivated formation by employees
2. financial support to the union by:
a. employer defrays union expenses
b. pays attorney's fees to the attorney who drafted the Constitution or by laws of
the union
3.
employer encouragement and assistance
by immediate granting of exclusive
recognition as bargaining agent without determining whether the union represents
majority of the employees
4. supervisory assistance by soliciting membership, permitting union activities during work
time or coercing employees to join the union by threats of dismissal or demotion.
CONSTRUCTIVE DISCHARGE - ULP where employer prohibits employees from exercising their
rights under the Code, on pain of discharge, and the employee quits as a result of the
prohibition
THREE COMPONENTS OF ART. 248(5) (DISCRIMINATION):
1.It prohibits discrimination in terms and conditions of employment in order to encourage
or discourage membership in the union;
2.It gives validity to union security agreements;
3.It allows an agency shop arrangement whereby agency fees may be collected from nonunion members.
SECURITY ARRANGEMENTS - stipulations in the CBA requiring membership in the contracting
union as a condition for employment or retention of employment in the company.
PRINCIPLES OF UNION SECURITY ARRANGEMENTS:
1. Protection - To shield union members from whimsical and abusive exercise of management
prerogatives.
2. Benefits - An additional membership will insure additional source of income to the union in
the form of union dues and special assessment.
3. Self-preservation- It strengthens the union
through selective acceptance of new
members on the basis of commitment and loyalty.
DIFFERENT KINDS OF UNION SECURITY ARRANGEMENTS: (EXCEPTIONS TO ULP ON
INTERFERENCE ON THE EMPLOYEES EXERCISE OF THEIR RIGHT TO SELF-ORGANIZATION)
1. CLOSED-SHOP AGREEMENT - the employer undertakes not to employ any individual who is
not a member of the contracting union and the said individual once employed must, for the
duration of the agreement, remain a member of the union in good standing as a condition for
continued employment.
- does not have any retroactivity
- apply only to new hires
EXCEPTIONS:
a. employees belonging to any religious sect which prohibit affiliation of their members with
any labor organization are not covered by such agreementThe free exercise of religious
belief is superior to contract rights (Victoriano vs. Elizalde Rope Workers).
b. members of the rival union are not covered by such arrangement.
SEMI-CLOSED SHOP AGREEMENT- has no requirement for the employee to remain as
member of the contracting union in good standing as a condition for continued
employment.
2. UNION SHOP AGREEMENT -stipulation whereby any person can be employed by the
employer but once employed such employee must, within a specific period, become a member
of the contracting union and remain as such in good standing for continued employment for the
duration of the CBA [take note of the exceptions in the preceding number.]
3. MAINTENANCE OF MEMBERSHIP CLAUSE - the agreement DOES NOT require non-members
to join the contracting union BUT provides that those who are members thereof at the time of
the execution of the CBA and those who may thereafter on their own volition become members
must for the duration of the agreement maintain their membership in good standing as a
condition for continued employment in the company for the duration of the CBA.
CHAPTER III
UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
ART. 249. UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS
a. To RESTRAIN OR COERCE employees in the exercise of their right to self-organization.
However, a labor organization shall have the right to prescribe its own rules with respect
to the acquisition or retention of membership;
b. To CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO DISCRIMINATE AGAINST AN
EMPLOYEE, including discrimination
c. To VIOLATE THE DULY OR REFUSE TO BARGAIN COLLECTIVELY with the employer provided
that it is the representative of the employees;
d. TO CAUSE OR ATTEMPT TO CAUSE AN EMPLOYER TO PAY OR DELIVER OR AGREE TO PAY
OR DELIVER ANY MONEY or other things of value, in the nature of an exaction, for services
which are not performed or not to be performed, including the demand for a fee for union
negotiations; (This is called FEATHERBEDDING)
e. To ASK FOR OR ACCEPT NEGOTIATION OR ATTORNEYS FEES FROM EMPLOYERS as part of
the settlement of any issue in collective bargaining or any other dispute; or
f.
resulting CBA is considered a sweetheart contract a CBA that does not substantially
improve the employees wages and benefits.
TITLE VII
COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENTS
ART. 250. PROCEDURE IN COLLECTIVE BARGAINING
COLLECTIVE BARGAINING negotiation by an organization or group of workmen, in behalf of
its members, with the employer, concerning wages, hours of work and other terms and
conditions of employment and the settlement of disputes by negotiation between an employer
and the representative of his employees.
Negotiation towards a collective agreement.
The mechanics of collective bargaining is set in motion only when the following
JURISDICTIONAL PRECONDITIONS are present:
1. POSSESSION OF THE STATUS OF MAJORITY representation by the employees
representative in accordance with any of the means of selection or designation provided
for by the Labor Code;
2. proof of MAJORITY REPRESENTATION (Certification of the BLR that the representative
of the employees in the sole and exclusive bargaining agent having won in a certification
election); and
3. a DEMAND TO BARGAIN under Article 250 (a) of the Labor Code. (Kiok Loy vs. NLRC)
COLLECTIVE BARGAINING AGREEMENT (CBA) - a negotiated contract between a legitimate
labor organization and the employer concerning:
a. wages,
b. hours of work, and
c. all other terms and conditions of employment in a bargaining unit, including
mandatory provisions for grievances and arbitration machineries.
In addition, the Bureau requires that the CBA should include a clear statement of the
terms of the CBA.
to MEET AND CONVENE promptly and expeditiously in good faith for the purpose of
negotiating an agreement with respect to wages, hours of work and all other terms and
conditions of employment including proposals for adjusting any grievances or questions
arising under such agreement and
Collective bargaining does not end with the execution of the agreement. It is a
continuous process. The duty to bargain imposes on the parties during the term of their
agreement the mutual obligation to meet and confer promptly and expeditiously and in
good faith for the purpose of adjusting any grievances or question arising under such
agreement. (Republic Savings Bank vs. CA)
1. over a mandatory subject - party may insist on bargaining and will not be construed as
bargaining in bad faith
REASON: duty to bargain requires meeting and convening on the terms and conditions of
employment
but does not require assent to the other party's proposals.
2. over a non-mandatory subject - party may not insist on bargaining to the point of impasse,
otherwise, he will be construed as bargaining in bad faith.
EXAMPLE: The employer's insistence that the union should change its negotiator before
bargaining can proceed to the employees' wage and benefits is an instance of bad-faith
bargaining because the composition of the negotiating panel is not a mandatory subject of
bargaining.
Hence, if Party A insists on first settling a non-mandatory subject before tackling a mandatory
subject, Party B may complain that Party A's posture is just an excuse to avoid bargaining on
the mandatory, essential subjects of bargaining; thus, Party B can charge that Party A is
bargaining in bad faith or is evading bargaining on terms and conditions of employment - in
short, Party A is committing ULP.
NOTE: What the rule forbids is the posture of making settlement of a non-mandatory subject a
pre-condition to the discussion or settlement of a mandatory subject.
ART. 253. DUTY TO BARGAIN COLLECTIVELY WHEN THERE EXISTS A COLLECTIVE
BARGAINING AGREEMENT
GENERAL RULE: When there is an existing CBA, the duty to bargain collectively shall also
mean that neither party shall TERMINATE nor MODIFY such agreement during its lifetime. It is
the duty of both parties to:
253
253-A/256
A.FREEDOM PERIOD
-the notice of intention to
terminate, amend or alter
the provisions of the CBA
shall be filed within the
sixty (60) day period,
immediately prior to the
expiration of the CBA.
-the economic provisions
however
may
be
renegotiated not later than
three (3) years. Those
economic
provisions
entered within 6 months
from the expiry of their
term as fixed in the CBA
shall retroact to the day
immediately following such
date, if beyond 6 months
the effectivity is by
agreement of the parties.
- representation
aspect of the CBA
shall be for a
term of five (5).
A petition for
certification
election may be
entertained and
a
certification
election may be
conducted within
the 60-day period
immediately
prior
to
the
expiration of the
CBA.
B.
WHAT MAY BE
CHANGED DURING THE 60DAY FREEDOM PERIOD
-re-negotiable provisions of
the CBA particularly the
non-representation aspect
(ECONOMIC
PROVISIONS
may be renegotiated not
later than three (3) years.
representation
aspectit may be
resolved by holding
certification
election
a. A labor union may DISAFFILIATE from the mother union to form a local or independent
union only during the 60-day freedom period immediately preceding the expiration of the
CBA. [take note of the limitation-see discussions on registration of labor unions]
b. either party can serve a written notice to TERMINATE OR MODIFY the agreement at least
60 days prior to its expiration period [on re-negotiable/non-representation aspect of the
CBAsee discussion on 253]
c. a petition for CERTIFICATION ELECTION may be filed
NOTE: An employer may solicit questions, suggestions and complaints from employees
eventhough the employees are represented by a union, provided:
1. the collective bargaining representative executes an agreement waiving the right to be
present on any occasion when employee grievances are being adjusted by the employer
and
2. employer acts strictly within the terms of this waiver agreement.
- a separate and
distinct process
and has nothing
to do with the
import
and
effect
of
a
certification
election
B. PURPOSE
- to determine the sole
and
exclusive
bargaining agent of all
the employees in an
appropriate bargaining
unit for the purpose of
collective bargaining;
- to determine
the
issue
of
majority
representation of
all the workers
in
the
appropriate
collective
bargaining unit
mainly for the
purpose
of
determining the
administrator of
the CBA when
the contracting
union
suffered
massive
disaffiliation but
not
for
the
purpose
of
determining the
bargaining agent
for purposes of
collective
bargaining.
DIRECT CERTIFICATION - the process whereby the Med-Arbiter directly certifies a labor
organization of an appropriate bargaining unit of a company after a showing that such petition
is supported by at least a majority of the employees in the bargaining unit. IT IS NO LONGER
ALLOWED. (EO 111)
VOLUNTARY RECOGNITION the process whereby the employer recognizes a labor organization
as the exclusive bargaining representative of the employees in the appropriate bargaining unit
after a showing that the labor organization is supported by at least a majority of the employees
in the bargaining unit.
EFFECT OF VOLUNTARY RECOGNITION BY THE EMPLOYER - through voluntary recognition by
the employer, the labor organization is recognized by the employer as the exclusive bargaining
agent which may collectively bargain with such employer.
UNORGANIZED
A. WHEN MANDATORY ON
THE PART OF BLR
- upon the filing of a
verified petition by a
legitimate
labor
organization
questioning
the majority status of the
incumbent
bargaining
agent within the 60-day
freedom period before the
expiration of a CBA.
- The petition must be
supported by the written
consent of at least 25% of
ALL THE EMPLOYEES IN
THE
APPROPRIATE
BARGAINING UNIT.
- the employer cannot file
a petition for certification
election; only a legitimate
labor organization can file
such petition.
Upon:
a. the filing
of a verified
petition by a
legitimate
labor
organization;
or
b. upon the
filing of a
petition
by
the employer
when
such
employer is
requested by
the
employees to
bargain
collectively.
- any time,
subject
however to
the
ONEELECTIONPER-YEAR
RULE.
RUN-OFF ELECTION:
A run-off election is proper if the following conditions exist namely:
(a) a VALID ELECTION took place because majority of the Collective Bargaining
Unit members voted [FIRST MAJORITY];
(b) the said election presented at least THREE CHOICES, e.g., Union One, Union
Two, and No Union (Take Note: No Union shall not be a choice in the run off
election);
(c) NOT ONE OF THE CHOICES OBTAINED THE MAJORITY (50%+1-SECOND
MAJORITY) of the valid votes cast;
(d) the TOTAL VOTES FOR THE UNIONS IS AT LEAST 50% of the votes cast;
(e) there is NO UNRESOLVED CHALLENGED VOTES or election protest which if
sustained can materially alter the results
(f) the two choices which garnered the highest votes will be voted and the one
which garners the highest number of votes will be declared the winner provided they
get the majority votes of the total votes cast
Who will participate in the run off?
The unions receiving the highest and
two
1. if one choice
receives
a
plurality of vote
and
the
remaining
choices results
in a tie;
2. if all choices
received
the
same number of
votes;
In
both
instances,
the
NO UNION is also
a choice
Conducted
when
none
of
the
choices, including
the choice of No
Union, receives a
majority of the
valid vote cast.
This
presupposes
no less than three
competing choices.
In this situation, an
election
is
conducted between
the union choices
receiving
the
largest and the
second
largest
number of the valid
votes cast.
The employees cannot revoke the validly executed collective bargaining contract with
their employer by the simple expedient of changing their bargaining agent. The new
agent must respect the contract. (Benguet Consolidated, Inc. vs. Employees and
Workers Union-PAFLU)
LIMITATION AS TO ITS APPLICATION it cannot be invoked to support the contention that a
newly certified collective bargaining agent automatically assumes all the personal undertakings
of the former agentlike the no strike clause in the CBA executed by the latter (Benguet
Consolidated Inc. vs. BCI Employees and Workers Union-PAFLU).
2. DEADLOCK BAR RULE - a petition for certification election cannot be entertained if, before
the filing of the petition for certification election, a bargaining deadlock to which an
incumbent or certified bargaining agent is a party, had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or lockout.
DEADLOCK arises when there is an impasse, which presupposes reasonable effort at good
faith bargaining which, despite noble intentions, did not conclude in an agreement between
the parties.
INDICATIONS OF A GENUINE DEADLOCK:
1. the submission of the deadlock to a
2. the deadlock is the subject of
a valid notice of strike or lockout
3. NEGOTIATION BAR RULE - a petition for certification election cannot be entertained if,
before the filing of the petition for certification election, the duly recognized or certified
union has commenced negotiations with the employer in accordance with Art. 250 of the Labor
Code.
4. CERTIFICATION YEAR RULE no petition for certification election may be filed within one
year from the date of a valid certification, consent, or run-off election or from the date of
voluntary recognition
EXAMPLES OF BAD FAITH BARGAINING:
1. Surface Bargaining occurs when employer constantly changes its positions over the
agreement.
2. Boulwarism occurs:
a. when the employer directly bargains with the employee disregarding the union.
The aim was to deal with the Union through the employees, rather than with the
employees through the union.
b. Employer submits its proposals and adopts a take it or leave it stand. This is not
negotiation because the take it or leave it stand implies threat.
3.
TITLE VII- A
(as incorporated by RA 6715)
GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
ART. 260. GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION
It is the labor arbiter and not the grievance machinery which has jurisdiction over
dismissals pursuant to the union security clause.
violations of CBA, except those which are gross in character, shall no longer be treated
as ULP and shall be resolved as grievances.
GROSS VIOLATION flagrant and/or malicious refusal to comply with the economic provisions
of the CBA.
Lack of jurisdiction
Grave abuse of discretion
Violation of due process
Denial of substantial justice
Erroneous interpretation of the law
TITLE VIII
STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND LOCKOUTS
STRIKE - Any temporary stoppage of work by the concerted action of employ ees as a
Not all concerted activities are strikes; they may only be protest actions. And they do
not necessarily cause work stoppage by the protesters. A strike, in contrast, is always a
group action accompanied by work stoppage.
LOCKOUT - means the temporary refusal of an employer to furnish work as a result of an
industrial or labor dispute.
PICKETING - the act marching to and fro the employers premises, usually accompanied
by the display of placards and other signs making known the facts involved in a labor dispute.
This is an exercise of ones freedom of speech.
STRIKE-BREAKER - any person who obstructs, impedes or interferes by force, violence,
coercion, threats or intimidation with any peaceful picketing by employees during any labor
controversy affecting wages, hour or conditions of work or in the exercise of the right to self
organization or collective bargaining
STRIKE AREA the establishment, warehouse, depots, plants or offices, including the
sites or premises used as runaway shops of the employer struck against, as well as the
immediate vicinity actually used by picketing strikers in moving to an fro before all points of
entrance to and exit from said establishment
SOME EXAMPLES OF STRIKES AND THEIR VALIDITY
A.
SIT-DOWN STRIKE - is characterized by a temporary work stoppage of workers who
thereupon seize or occupy property of the employer or refuse to vacate the premises of the
employer. ILLEGAL- amounts to a criminal act because the employees trespass on the premises
of the employer.
B. WILDCAT STRIKE- is a work stoppage that violates the labor contract and is not authorized
by the union. ILLEGAL- It is not valid because it fails to comply with certain requirements of
the law, to wit: notice of strike, vote, and report on strike vote.
C. SYMPATHETIC STRIKES- are work stoppages of workers of one company to make common
cause with other strikers of other companies, without demands or grievances of their own
against the employer. ILLEGAL - because there is no labor dispute between the workers who
are joining the strikers and the latters employer.
D. SECONDARY STRIKES- are work stoppages of workers of one company to exert pressure
on their employer so that the latter will in turn bring pressure upon the employer of another
company with whom another union has a labor dispute. ILLEGAL- because there is no labor
dispute involved.
IS A WELGA NG BAYAN LEGAL?
NO. A welga ng bayan is illegal because it is a political strike and therefore there is
neither a bargaining deadlock nor any ULP. It is a political rally.
GROUNDS FOR THE DECLARATION OF STRIKE:
1. deadlock in collective bargaining
(ECONOMIC); and/or
2. unfair labor practices (POLITICAL)
ECONOMIC STRIKE
ULP STRIKE
[POLITICAL]
A. NATURE
- A voluntary strike - An involuntary
because
the strike; the labor
employee
will organization
is
declare a strike to forced to go on
compel management strike because of
to grant its demands. the
ULP
committed
against them by
the employer. It is
an act of selfdefense since the
employees
are
being pushed to
the wall and their
only remedy is to
stage a strike.
B. INITIATED BY:
The
collective - either
bargaining agent of a.
Collective
the
appropriate bargaining agent
bargaining unit can or
declare an economic b. the legitimate
strike.
labor organization
in behalf of its
members
C. COOLING OFF PERIOD
-30 days from the
filing of the notice of
strike before the -15 days from the
intended date of filing
of
the
actual strike subject notice of strike.
to the 7-day strike
ban.
D. EXCEPTION TO THE COOLING-OFF
PERIOD
- No exception - the cooling off
period
may
be
mandatory.
- Notice of strike
and
strike
vote
maybe
dispensed
with.
They
may
strike immediately.
- may be awarded
the said paid in the
discretion of the
authority deciding
the case.
CHARACTERISTICS OF STRIKES:
1. there must be an established relationship between the strikers and the person/s against
whom the strike is called
2. the relationship must be one of employer and employee
3. the existence of a dispute between the parties and the utilization by labor of the
weapon of concerted refusal to work as a means of persuading or coercing compliance with the
working mens demands
4. the contention advanced by the workers that although the work ceases, the
employment relation is deemed to continue albeit in a state of belligerent suspension
COOLING OFF PERIOD - that period of time given the NCMB to mediate and conciliate the
parties.
It is that span of time allotted by law for the parties to settle theirdisputes in a
peaceful manner, before staging a strike or lockout.
c. strike vote
STRIKE VOTE - a requirement wherein the decision to declare a strike must be:
1. approved by a MAJORITY of the total union membership in the bargaining unit
concerned [not of the whole bargaining unit],
2. obtained by SECRET BALLOT
in MEETINGS OR REFERENDA called for the purpose.
PURPOSE OF A STRIKE VOTE: - to ensure that the intended strike is a majority decision
The report on the strike vote must be submitted to the DOLE at least 7 days
before the intended strike subject to the cooling-off period.
A motion for reconsideration does not suspend the effects as the assumption order is
immediately executory.
Only issues submitted to the Secretary may be resolved by him. (PAL vs. Sec. of Labor,
23 January 1991).
d.
Issues submitted to the Secretary for resolution and such issues involved in the labor
dispute itself. (St. Scholasticas College vs. Torres; 29 June 1992)
e.
Secretary of Labor may subsume pending labor cases before Labor Arbiters which are
involved in the dispute and decide even issues falling under the exclusive and original
jurisdiction of labor arbiters such as the declaration of legality or illegality of strike.
(Intl Pharmaceuticals vs. Sec of Labor; 09 January 1992).
f.
Power of Sec. of Labor is plenary and discretionary. (St. Lukes Medical Center vs. Torres;
29 June 1993; reiterated in PAL vs. Confesor; 10 March 1994).
IN CASE THE STRIKE IS DECLARED LEGAL, ARE THE STRIKERS ENTITLED TO STRIKE
DURATION PAY?
GENERAL RULE: Strikers are not entitled to their wages during the period of a strike, even
if the strike is legal.
EXCEPTIONS:
1.
In case of a ULP STRIKE, in the discretion of the authority deciding the case [see table for
more distinction bet. Economic and ULP strike]
2.
They are entitled to backwages from the date the offer was made
Those union members who joined an illegal strike but have not committed any illegal
act shall be reinstated but without any backwages.
without first having bargained collectively in accordance with Title VII of this
Book or
without the necessary strike or lockout vote first having been obtained and
reported to the Department.
NO strike or lockout shall be declared:
a. AFTER assumption of jurisdiction by the President or the Secretary or
b. AFTER certification or submission of the dispute to compulsory or voluntary
arbitration or
c. DURING the pendency of cases involving the same grounds for the strike or lockout.
THIRD PERSONS
2. NO person [3rd persons] all obstruct, impede or interfere with by force, violence, coercion,
threats or intimidation
any peaceful picketing by employees
during any labor controversy or in the exercise of the right of selfor collective bargaining or
organization
EMPLOYERS
3.
NO employer shall use or employ any STRIKE-BREAKER nor shall any person be employed as
a strikebreaker.
PUBLIC OFFICIAL OR EMPLOYEE
4.
NO public official or employee, including officers and personnel of the New Armed Forces
of the Philippines of the Integrated National Police, or armed persons,
The police force shall keep out of the picket lines unless actual violence or other
criminal acts occur therein:
Provided, That nothing herein shall be interpreted to prevent any public officers from
taking any measure necessary to:
a. maintain peace and order,
b. protect life and property, and/or
c. enforce the law and legal order.
intimidation or
b. obstruct the free ingress to or egress from the employers premises for lawful
purposes,or
c. obstruct public thoroughfares
ART. 265. IMPROVED OFFER vs. REDUCED OFFER BALLOTING
IMPROVED OFFER
BALLOTING
1. a referendum
conducted by the NCMB
on or before the 30th day
of the strike, for the
purpose of determining
whether or not the
improved offer of the
employer is acceptable
to the union members.
PURPOSE
2. to determining
whether or not the
improved offer of the
EMPLOYER is acceptable
to the union members.
to ascertain the
real sentiment of
the silent majority
of
the
union
members on strike.
PERIOD OF FILING
3. on or before the
30th day of the strike
REDUCED
OFFER
BALLOTING
1.
a
referendum
conducted by the
NCMB for the
purpose
of
determining
whether or not
the
reduced
offer
of
the
union
is
acceptable
to
the board of
directors,
trustees
or
partners.
2.
to
determining
whether or not
the
improved
offer
of
the
UNION
is
acceptable
to
the
union
members.
to ascertain
the
real
sentiment of the
silent majority of
the
union
members
on
strike.
3.
on or
before the 30th
day
of
the
lockout
LIMITATION
4.
applies
economic
(deadlock)
only to
strikes
4.
applies
only to economic
strikes-deadlock
in
bargaining
(lockout)
General rule is that a police officer cannot arrest or detain a union member for union
activities without previous consultations with the Secretary of Labor EXCEPT on grounds of:
a.
national security
b.
public peace
c.
commission of a crime
BOOK SIX
POST EMPLOYMENT
TITLE I
TERMINATION OF
EMPLOYMENT
ART. 279. SECURITY OF TENURE
SECURITY OF TENURE - the constitutional right granted the employee, that the employer
shall not terminate the services of an employee except for just cause or when authorized by
law.
RELIEFS AVAILABLE TO AN ILLEGALLY DISMISSED EMPLOYEE:
A. REINSTATEMENT - Restoration of the employee to the state from which he has been
unjustly removed or separated without loss of seniority rights and other privileges.
1.
2.
FORMS OF REINSTATEMENT:
ACTUAL OR PHYSICAL REINSTATEMENT
- the employee shall be admitted back to work
PAYROLL REINSTATEMENT
- the employee is merely reinstated in the payroll.
May a court order the reinstatement of a dismissed employee even if the prayer of
the complaint did not include such relief?
YES. So long as there is a finding that the employee was illegally dismissed, the court can
order the reinstatement of an employee even if the complaint does not include a prayer for
reinstatement, unless, of course, the employee has waived his right to reinstatement. By law,
an employee who is unjustly dismissed is entitled to reinstatement, among others. The mere
fact that the complaint did not pray for reinstatement will not prejudice the employee,
because technicalities of law and procedure are frowned upon in labor proceedings (General
Baptist Bible College v. NLRC; 219 SCRA 549).
What happens if there is an order of reinstatement but the position is no longer
available?
prerogative is limited by the Labor Code which provides that the employer can terminate an
employee only for a just cause or when authorized by law. This limitation is because no less
than the constitution recognizes and guarantees employees right to security of tenure. (Art.
279, Labor Code; Art. XIII, Sec. 3, Constitution)
ART. 280. REGULAR AND CASUAL EMPLOYMENT
REGULAR EMPLOYMENT - one wherein an employee is engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer.
- He is a regular employee at the point of hiring.
Test of regularity: nature of employment.
CASUAL EMPLOYMENT one wherein an employee is engaged to perform activities which are
not necessary or desirable in the usual trade or business of the employer.
- becomes a regular employee after one (1) year of service.
REGULAR EMPLOYEE
VS.
PROJECT EMPLOYEE
PROJECT
EMPLOYEE
REGULAR
EMPLOYEE
A project employee is
one
whose
employment is fixed
for a specific project
or undertaking the
completion of which
has been determined
at the time of the
engagement of the
employee. (See Art.
280 LC)
A
regular
employee
is
one
engaged to perform
activities which are
usually necessary or
desirable in the usual
business or trade of
the employer
It is the period during which the employer may determine if the employee is qualified
for possible inclusion in the regular force.
PURPOSE: To afford the employer an opportunity to observe the fitness of a probationary
employee at work.
NOTE:The standard which the probationary employee is to meet must be made known by
the employer to the employee at the time of engagement. The services of probationary
employees may be terminated for the same causes as in the case of regular employee, except
that there is an additional ground failure to meet the standard.
LIMITATIONS ON THE EMPLOYERS POWER TO TERMINATE A PROBATIONARY
EMPLOYMENT CONTRACT:
1. the power must be exercised in accordance with the specific requirements of the
contract [COMPLIANCE WITH SPECIFIC REQUIREMENTS];
2.if a particular time is prescribed, the termination must be within such time and if formal
notice is required, then that form must be used [WITHIN PARTICULAR PRESCRIBED TIME];
3.the employers dissatisfaction must be real and in good faith, not feigned so as to
circumvent the contract or the law [DISSATISFACTIONREAL AND IN GOOD FAITH]; and
4.there must BE NO UNLAWFUL DISCRIMINATION in the dismissal.
GENERAL RULE: Probationary employment shall not exceed six months from the date the
employee started working.
EXCEPTIONS:
1. when it is covered by an apprenticeship agreement stipulating a longer period; or
2. when the parties to an employment contract agree otherwise, such as when the same
is established by company policy or when the same is required by the nature of the work to be
performed by the employee
EFFECT IF PROBATIONARY EMPLOYEE IS ALLOWED TO WORK BEYOND 6 MONTHS
If the probationary employee is allowed to work beyond the period of 6 months or the
agreed probationary period, said employee becomes a regular employee by operation of law.
Under the Labor Code, an employee who is allowed to work after a probationary period
shall be considered a regular employee. (Art. 281.)
ART. 282. TERMINATION BY EMPLOYER
SECURITY OF TENURE - An employer CANNOT terminate the services of an employee
EXCEPT for a just cause or when authorized by law.
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
A. JUST CAUSES [MaNaBaCA]:
1. Serious MISCONDUCT OR WILLFUL DISOBEDIENCE by the employee of the lawful orders of his
employer or representative in connection with his work;
Misconduct- transgression of some established and definite rule of action, a forbidden
act, a dereliction of duty, willful in character, and implies wrongful intent and not
mere error in judgment. (Dept. of Labor Manual, Sec. 4353.01)
2. Gross and habitual NEGLECT by the employee of his duties; (Repeated absenteeism and
tardiness)
3. FRAUD OR WILLFUL BREACH by the employee of the trust reposed in him by his employer or
duly organized representative
Fraud must be committed against the employer or his representative and in connection
with the employees work. ((Dept. of Labor Manual, Sec. 4353.01 [3])
4. Commission of a CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS
EMPLOYER or any immediate member of his family or his duly authorized representative;
and
Conviction or prosecution is not required.
5. Other causes ANALOGOUS to the foregoing.
A cause must be due to the voluntary or willful act or omission of the employee.
(Nadura v. Benguet Consolidated; G.R. No. L-17780)
DUE PROCESS TO BE OBSERVED BY THE EMPLOYER - For termination of the employment
based on the any of the just causes for termination, the requirements of due process that an
employer must comply with are: (TWIN NOTICES)
1. Written NOTICE should be served to the employee specifying the ground or grounds for
termination and giving the said employee reasonable opportunity within which to
explain;
2. A HEARING OR CONFERENCE should be held during which the employee concerned, with
the assistance of counsel, if the employee 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 employer,
should be served on the employee indicating that upon due consideration of all the
circumstances, grounds have been established to justify his termination.
For termination of employment based on authorized causes, the requirements of
due process shall be deemed complied with upon service of a written notice to the
employee and the appropriate Regional office of the Department of Labor and
employment at least thirty days before the effectivity of the termination specifying the
grounds for termination.
NOTE: Under the so-called WENPHIL DOCTRINE if the services of the employee was
terminated due to a just or authorized cause but the affected employees right to due process
has been violated, the dismissal is legal but the employee is entitled to damages by way of
indemnification for the violation of the right.
SERRANO vs. ISETANN et. al. abandoned the WENPHIL DOCTRINE and ruled that if the
employee is dismissed under just or authorized cause but the affected employees
right to due process has been violated, his dismissal becomes ineffectual. Therefore,
the employee is entitled to backwages from the time he was dismissed until the
determination of the justness of the cause of the dismissal.
AGABON vs. NLRC (Nov. 17, 2004) abandoned the Serrano doctrine and REINSTATED
THE WENPHIL DOCTRINE. The sanctions, however must be stiffer than that imposed in
Wenphil.
PREVENTIVE SUSPENSION when there is an imminent threat to the lives and properties of
the employer, his family and representatives as well as the offenders co-workers by the
continued service of the employee then he may be placed under preventive suspension pending
his investigation, leading to termination.
preventive suspension should not last for more than thirty (30) days. The employee
should be made to resume his work after 30 days.
it can be extended provided the employees wages are paid after the 30 day period.
ARTS. 283-284.
B. AUTHORIZED CAUSES OF TERMINATION BY THE EMPLOYER:
redundancy, for purposes of the Labor Code, exists where the services of an employee
are in excess of what is reasonably demanded by the actual requirements of the
enterprise. (Wishire File Co. Inc. vs. NLRC)
it cannot be cured within a period of 6 months even with proper medical treatment.
(Cathay Pacific Airways vs. NLRC and Martha Singson)
CAUSE OF
TERMINATION
Automation
Redundancy
Retrenchment
Closures or
cessation
of
operations
not
due to serious
business losses or
financial reverses
Disease
SEPARATION PAY
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to one
month pay or at least
one-half month pay for
every year of service
Equivalent to one
month pay or at least
one-half month pay for
every year of service
(If due to severe
financial losses, no
separation pay due.)
Equivalent to at
least one-month salary
or to month salary
for every year of
service, whichever is
greater, a fraction of at
least 6 months shall be
considered
one
(1)
whole year.
NOTE: ARTICLE 283 governs the grant of separation benefits in case of closures or
cessation of operation of business establishments NOT due to serious business losses or
cessation of operation [North Davao Mining Corp. vs. NLRC, et al]. Therefore, the employee is
not entitled to such benefit if the closure was due to SERIOUS BUSINESS LOSSES.
When termination of employment is brought by the failure of an employee to meet the
standards of the employer in case of probationary employment, it shall be sufficient that a
written notice is served the employee within a reasonable time from the effective date of
termination.
When termination is brought about by the completion of the contract or phase thereof,
no prior notice is required
NOTE: Exempted from the payment of retirement pay are retail, service and agricultural
establishments or operations employing NOT more than ten (10) employees or workers.
Age
60-65
Retirement
Optional
but
the
employee must have served
at least 5 years
65
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
TITLE II
Period
of
Prescription
3 years from the
accrual of the causes of
action
1 year from the
accrual of the cause of
action
4 years from the
accrual of the cause of
action
4 years
NOTE: The period of prescription mentioned under Article 292 of the Labor Code refers to
and is limited to money claims, all other cases of injury to rights of a workingman being
governed by the Civil Code. Hence, REINSTATEMENT prescribes in 4 years.
VENUE: The Regional Arbitration Branch where the workplace is located (NLRC Rules of
Procedure.