TABLE 1: RELIEFS IN CASE OF TERMINATION WITHOUT PRIOR NOTICE
IN CASE OF DISMISSAL FOR JUST CAUSE UNDER ART. 282IN CASE OF DISMISSAL FRO AUTHORIZED CAUSE UNDER ART. 283
a.no reinstatementb.payment of full backwages from the time his employment was terminateduntil it is determined that the termination of employment is for a just causec.not entitled to termination/ separation payd.but without prejudice, however, to whatever rights, benefits and privilegeshe may have under the applicable individual or collective bargainingagreement with the employer or voluntary employer policy or practicea.no reinstatementb.payment of full backwages from the time his employment was terminated until it is determined that thetermination of employment is for a just causec.separation pay when the cause of termination is either installation of labor-saving devices, redundancy or disease---onemonth pay or at least one month pay for month for every year of service, whichever is higher when the causeof termination is either retrenchment, closure or cessation of operations --- one month pay or at least ½ monthpay for every year of service, for every year of service
TABLE 2: JURSDICTION IN LABOR DISPUTES
NATIONAL LABORRELATIONSCOMMSISSIONLABOR ARBITERBUREAU OF LABORRELATIONS/MED-ARBITERREGIONAL DIRECTORSECRETARY OF LABOROLUNTARYARBITRATORS
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1.exclusive appellate jurisdiction over allcases decided by LaborArbiters2.Art. 263 (g) casescertified to it by theecretary of Labor forco!pulsory arbitration
Except
as other"ise providedunder the Labor #ode$ the LaborArbiters shall have original andexclusive jurisdiction to hear anddecide$ "ithin thirty (3%) calendardays after the sub!ission of thecase by the parties for decision "ithout extension$ even in theabsence of stenographic notes$the follo"ing cases involving all "or&ers$ "hether agricultural ornon'agricultural 1. nfair labor practice cases* 2. +er!ination disputes* 3. ,f acco!panied "ith a clai!for reinstate!ent$ those casesthat "or&ers !ay file involving "ages$ rate of pay$ hours of "or&and other ter!s and conditionsof e!ploy!ent* -. #lai!s for actual$ !oral$exe!plary and other for!s ofda!ages arising fro! thee!ployer'e!ployee relations* . #ases arising fro! anyviolation of Article 26- of this#ode$ including /uestionsinvolving the legality of stri&esand loc&outs* and 6. 0xcept clai!s for 0!ployees#o!pensation$ ocial ecurity$edicare and !aternity benefits$all other clai!s arising fro!e!ployer'e!ployee relations$including those of persons indo!estic or household service$involving an a!ount exceedingfive thousand pesos ($%%%.%%)$ "hether or not acco!panied "itha clai! for reinstate!ent.
cases for co!pulsoryarbitration
Quasi-judicial Functions:
1.all inter'union conflicts*2.all intra'union conflicts*3.all disputes or proble!sarising fro! or affectinglabor !anage!ent relationsin all "or&places$
except
those arising fro! thei!ple!entation orinterpretation of #As
Administrative Functions:
1.regulation of registration oflabor unions*2.&eeping of a registry of laborunions*3.!aintenance of a file of#As
Quasi-judicial Functions:
1.all inter'union conflicts*2.all intra'union conflicts*3.all disputes or proble!sarising fro! or affectinglabor !anage!ent relationsin all "or&places$
except
those arising fro! thei!ple!entation orinterpretation of #As
Administrative Functions:
1.regulation of registration oflabor unions*2.&eeping of a registry of laborunions*3.!aintenance of a file of#As
Art. 124 ''' 5isitorial and enforce!ent po"er
Art. 12''' 7ecovery of "ages$ si!ple !oneyclai!s and other benefits*
Provided,
that such co!plaint does not include aclai! for reinstate!ent*
Providedfurther
$ that the aggregate !oneyclai! does not exceed 8ive +housandesos ($%%%.%%)
Art. 29-
---
visitorial po"er
Labor tandards:
1. pre'e!ploy!ent
Art. 1- ''' e!ploy!ent pro!otion(a) +o organi:e and establish ne" e!ploy!ent offices in addition to the existinge!ploy!ent offices under the ;epart!ent of Labor asthe need arises* (b) +o organi:e and establish a nation"ide job clearance and infor!ation syste! toinfor! applicants registering "ith a particulare!ploy!ent office of job opportunities in other parts ofthe country as "ell as job opportunities abroad* (c) +o develop and organi:e progra!s that "ill facilitate occupational$ industrial andgeographical !obility of labor and provide assistance inthe relocation of "or&ers fro! one area to another* and (d) +o re/uire any person$ establish!ent$ organi:ation orinstitution to sub!it such e!ploy!ent infor!ation as!ay be prescribed by the ecretary of Labor.
Art! "#--
uspension and<or cancellation of license orauthority to recruit e!ployees for overseas e!ploy!entfor violation of rules and regulations issued by theecretary of Labor$ the =verseas 0!ploy!ent;evelop!ent oard$ and the >ational ea!en oard$ orfor violations of the provisions of this and otherapplicable la"s$ ?eneral =rders and Letters of,nstructions.
Art! "$
.''7egulatory po"er @ +he ecretary of Laborshall have the po"er to restrict and regulate therecruit!ent and place!ent activities of all agencies "ithin the coverage of this +itle and is hereby authori:edto issue orders and pro!ulgate rules and regulations tocarry out the objectives and i!ple!ent the provisions ofthis +itle.
Art! "%
''5isitorial po"er. @ +he ecretary of Labor orhis duly authori:ed representatives !ay$ at any ti!e$inspect the pre!ises$ boo&s of accounts and records ofany person or entity covered by this +itle$ re/uire it tosub!it reports regularly on prescribed for!s$ and act onviolations of any provision of this +itle.
Art! 1&'
''5isitorial and enforce!ent po"er
Art! 1&(--
7ecovery of "ages$ si!ple !oney clai!sand other benefits*
Provided,
that such co!plaint doesnot include a clai! for reinstate!ent*
Provided further
$that the aggregate !oney clai! does not exceed 8ive1. grievances arising fro! theinterpretation ori!ple!entation of the#ollective argainingAgree!ent$
except
violationsof the #A "hich are gross incharacter2. grievances arising fro! theinterpretation or enforce!entof co!pany personnelpolicies3. upon agree!ent of theparties$ al other labordisputes including unfairlabor practices andbargaining deadloc&s
1
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+housand esos ($%%%.%%)
Labor )elations
1. Art. 263 (g)''hen in his opinion$ there exists a labordispute causing or li&ely to cause a stri&e or loc&out inan industry indispensable to the national interest$ theecretary of Labor and 0!ploy!ent !ay assu!e jurisdiction over the dispute and decide it or certify thesa!e to the >L7# for co!pulsory arbitration2. Art. 29-''visitorial po"er3. appellate jurisdiction
TABLE 3: RE"UIREMENTS FOR REGISTRATION OF LABOR ORGANIZATIONS #$% WOR&ERS' ASSOCIATION
INDEPENDENT UNIONFEDERATION OF NATIONAL UNIONINDUSTRY/ TRADE UNIONWOR&ERS' ASSOCIATION
a.The names of its officers, their addresses, theprincipal address of the labor organization, theminutes of the organizational meetings andthe list of workers who participated in suchmeetingsb.The number of employees and names of all itsmembers comprising at least twenty percent!"#$% o f all its employees in the bargainingunit where it seeks to operatec.&f the applicant union has been in e'istence for one or more years, two copies of its annualfinancial reports,
($)*++
it has not collectedany amount from the members, in which casea statement to this effect shall be included inthe applicationd.(our copies of its constitution and by-laws,minutes of its adoption or ratification, and thelist of the members who participated in it.
H,**
, the list of ratifying members shall bedispensed with where the constitution and by-laws was ratified or adopted during theorganizational meetinge.)egistration fee of *+#.## a.The names of its officers, their addresses,the principal address of the labor organization, the minutes of theorganizational meetings and the list of workers who participated in suchmeetingsb.&f the applicant union has been in e'istencefor one or more years, two copies of itsannual financial reports,
($)*++
it has notcollected any amount from the members,in which case a statement to this effectshall be included in the applicationc.(our copies of its constitution and by-laws,minutes of its adoption or ratification, andthe list of the members who participated init.
H,**
, the list of ratifying membersshall be dispensed with where theconstitution and by-laws was ratified or adopted during the organizational meetingd.The resolution of affiliation of at least ten!#% locals/ chapters or affiliates, each of which must be a duly certified bargainingrepresentative in the establishment whereit seeks to operatee.The names and addresses of thea.The list of its member organizations and their respective presidents and, in the case of anindustry union, the industry where the unionseeks to operateb.The resolution of membership of each member organization, approved by the oard of irectorsof such unionc.The name and principal address of the applicant,the names of its officers and their addresses, theminutes of its organizational meeting/s, and thelist of member organizations and their representatives who attended such meeting/sd. copy of its constitution and by-laws andminutes of its ratification by a majority of thepresidents of the member organizations,
0,%*%
that where the ratification was donesimultaneously with the organizational meeting, itshall be sufficient that the fact of ratification beincluded in the minutes of the organizationalmeeting. a.The names of its members, their addresses, the principal office of the applicant, the minutes of itsorganizational meeting/s, and thenames of its individual memberswho attended such meeting/sb. copy of its constitution and by-laws, duly ratified by a majority of its individual membersc.&n the case of any grouping of workers0 associations, there1uirements for registration of anindustry/ trade union shall apply.
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companies where the locals/ chapters or affiliates operate and the list of all themembers in each company involved )egistration fee of *+#.##
TABLE : &INDS OF ULP
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