LABOR LAW

I. FUNDAMENTAL PRINCIPLES
4. Right to self-organization and collective bargaining

A. Legal Basis
> Includes Right to peaceful concerted activities & Right to Strike

1. 1987 Constitution
*Right to leave that organization & join another one

> Striker can be ordered to return to work even against his will in National Interest *Right to choose their own leaders to speak and bargain on their behalf

cases, its not a violation of the involuntary servitude principle
*Withdrawal from cooperative should be allowed pursuant to right of EE to self-
> Protection-To-Labor Clauses
organization, it is an expression of one’s preference for union membership

* Art. 2, Sec. 18 - State a rms labor as a PRIMARY SOCIAL ECONOMIC

FORCE. It shall protect the rights of workers & promote their welfare
5. Construction in favor of labor - practical & realistic construction should be
*Art. 8, Sec. 3 a ord the following principles:
placed giving due consideration to the purpose in which it is intended to serve

> Principle of Co-Determination - right granted to EEs to participate

in policy & decision making processes a ecting their rights & bene ts.
6. Quantum of evidence & Burden of Proof falls on:

> Principle of Shared Responsibility - the preferential use of *Existence of ER-EE relationship - Employee

voluntary modes of settling disputes between the parties, through conciliation, *Fact of dismissal - Employee

mediation, or voluntary arbitration.

*Validity of dismissal - Employer

> Procedural Due Process in the Administrative level

* Statutory Due Process (Labor Code)

II. RECRUIT & REPLACEMENT

* Contractual Due Process (Company prescribed Rules)

A. De nition of recruitment and placement - any act of:

> Procedural Due Process in the Labor court

*Canvassing *Referrals

* Constitutional Due Process (against the Labor Arbiters, NLRC, CA, SC)
*Enlisting *Promising employment

* Statutory Due Process

*Transporting *Advertising for employment, locally or

* Contractual Due Process

*Contracting abroad, whether for pro t or not

*Utilizing [CETCHUP-R-CPA]

2. Civil Code
*Hiring, or

> Any labor contract is not merely contractual in nature but because it is impressed *Procuring workers

with public interest. Consequently, all labor laws are deemed incorporated therein.

B. Regulation of recruitment and placement activities

3. Labor Code
1. Regulatory authorities

*Labor Standards Law - prescribes the minimum terms & conditions of employment a. Philippine Overseas Employment Administration (POEA)

which the employer is required to grant its employees

> POEA standard contract deemed integrated in every Employment contract

*Labor Relations law - deals with unionism, collective bargaining, grievance > Jurisdiction:

machinery, voluntary arbitration, strike, picketing & lockout

* Administrative cases - violations of rules to licensing & registration of
*Labor Relations Law
recruitment & employment agencies & entities.

* Disciplinary action case - between employers, principals, contracting

B. State policy towards labor
partners & Filipino migrant workers.

1. Security of tenure - police power allows State to regulate this right

> ex. requirement to take an examination as a prerequisite to engage in profession

b. Regulatory and Visitorial powers of the SOLE

> SOLE may order “closure” however NO power of Arrest & Seizure anymore.

2. Social Justice - considerations of equity, justice outside law

> ex. Giving separation pay even if person is dismissed due for lawful cause
 2. Ban on direct hiring (unfamiliar ones only) exemptions:

*Professionals & skilled workers w/ authenticated contracts having conditions
3. Equal Work Opportunities - regardless of Sex, Race or Creed
OVER & ABOVE THE STANDARDS set by POEA. The number hired should not
> ex. Employment based on Knowledge, Skill & Quali cations rather than their AGE
exceed ve (5), however workers hired as a ground shall be counted as one (1).

fi
fi
ff
ffi
ff
fi
fi
fi
 LABOR LAW
*Workers hired by relative/fam member who is a permanent resident of host country
> Illegal Recruitment as a form Economic Sabotage

* In a Large Scale - 3 or more RECRUITEES, individually or as a group

3. Entities prohibited from recruiting
 * By a Syndicate-3 or more RECRUITERS conspiring with one another

>For Local Employment

~Failure to prove at least 3 persons recruited makes the crime Simple I.R.

*Cooperatives whether registered or not

*Sole proprietors of duly licensed agencies are not allowed to secure another 3. Illegal recruitment as distinguished from Estafa

license to engage in recruitment & placement

*Any entities engaged in private recruitment & placement for local employment are D. Liability of local recruitment agency and foreign employer

prohibited from engaging in JOB CONTRACTING or SUBCONTRACTING activities
 1. Solidary Liability between the two parties

*travel agencies & sale agencies of airlines, its members & o cers
- however as for the o cers of the recruitment agency, it is required there must
*those with derogatory records, even if there’s only prima facie nding of guilt
be proof of their culpability before they can be made personally liable.

>For Overseas Employment

> Good faith and merely following orders of superiors are not valid defenses of EE

*Travel agencies & sale agencies of airlines, its members & o cers
> EEs of agency may be held liable for IR as principal by direct participation,
*Sole proprietors, partners, o cers or board members w/ derogatory records
together with his ER, if its shown that he actively and consciously participated in IR

*Individuals connected to the Insurance Company who provide the compulsory
insurance covered for agency-hired OFWs
2. Theory of Imputed Knowledge

-any information material to the transaction, either possessed by the agent

4. Suspension or cancellation of license or authority - CONCURRENTLY VESTED to (recruitment agency) at the time of the transaction or acquired by him before its
the (a) DOLE Secretary & (b) POEA Administrator
 completion, is deemed to be the knowledge of the principal (foreign employer).
Even though the knowledge is in fact not communicated to the principal at all.

5. Prohibited Practices-

> This does not apply the other way around. Knowledge of the principal is NOT
>Recruitment of Local Workers
DEEMED knowledge of the agent.

>Recruitment of Migrant Workers

E. Termination of contract of migrant worker

*
~ Inde nite period of employment of OFWs is NOT VALID as it contravenes the
C. Illegal recruitment
explicit provision of POEA on xed-period employment

1. Elements (merged under #2 types)

~ The exigencies of OFWs’ work necessitates that they may be employed on a
2. Types
contractual basis. Even if they have rendered more than 20 yrs of service

> Simple Illegal Recruitment

~ Due process under PH law is applicable even to termination of employment of
* Unlicensed/Unauthorized- liable if they do any of the acts of recruitment allowed OFWs in the absence of proof of applicable foreign law, pursuant to the Doctrine of
to be done only by licensees or holders of authority, whether its for pro t or not.
Processual Presumption.

* Any Person even if Licensed/Authorized - liable if they do the prohibited practices


> Reliefs to which OFWs are entitled (its a form of indemnity not as separation pay):

~ Mere impression that a person could deploy workers overseas is su cient as I.R.
* all salaries of the unexpired portion of the contract

~ Actual receipt of fee is NOT AN ELEMENT of the crime of I.R.
 * full reimbursement of placement fees & deductions made with interest at 12%p.a.

~ Only one person recruited is su cient to convict one for I.R.

~ Absence of documents evidencing the recruitment activities STRENGTHENS, not F. Employment of non-resident aliens - Alien Employment Permit (AEP) is valid for 1
weakens, the case for Illegal Recruitment
year unless employment contract provides otherwise but never to exceed 3 yrs

fi
ffi
ffi
fi
ffi
ffi
ffi
fi
ffi
fi
 LABOR LAW
> Foreign National EXEMPTED from securing an AEP are those covered by Article B. Wages

40 of the Labor Code, but not required to secure an AEP under the existing laws.
1. De nition, components, and exclusions

a. Wage vs. salary

Ex. Members of Diplomatic Service & ForeignGov o cials, O cers & sta of > Salary is compensation for superior level of employment while wage is for labor.

International Orgs and their legitimate spouses, Representatives of Foreign > Wage is exempted from execution, attachment or garnishment, Salary is not.

principals who come to PH for a limited period for sole purpose is to interview
Filipino applicants for employment abroad, etc.
b. Distinguish: facilities and supplements (the PURPOSE is the determinant)

> Bene t of EE & fam - Facilities (deductible)

> Foreign nationals EXCLUDED from obtaining an AEP are those providing services > Bene t of ER - Supplements (nondeductible)

in the country but their employers are located abroad or those without employer.

c. 13th month pay- worked at least 1 month during a calendar year.

Ex. Members of the governing board who do not intervene in the management of -1/12th of their standard monthly wage multiplied by their length of service
the corp, providing consultancy services, intra-corporate transferee that is a within a given calendar year

manager, executive or specialist.

d. Holiday pay

III. LABOR STANDARDS

> 12 Regular Holidays

A. Conditions of Employment
> Special (Non-Working) Days

1. Hours of work
* Jan 31 - Chinese New Year

a. Principles in determining hours worked & employees exempted or not covered

* April 19 - Black Saturday

b. Compensable Time
* Aug. 21 - Ninoy Aquino Day

i. Normal hours of work

* Nov. 1 - All Saints Day

ii. Night shift di erential - 10% - covers 10pm to 6am

> Special Holiday (for schools only) - *Feb 25 - EDSA Revolution Anniversary

iii. Overtime work - 25% (ordinary day); 30% (

- EEs, whether academic or administrative, in private schools are entitled to
(a) Compressed work week - 48 hrs/week but less than 6 days of work
pay in accordance w/ rules for pay on special (non-working) days.

- each workday can be increased to 8 hrs but not to exceed 12 hrs.

> If day preceding the regular holiday is a non-working day/ scheduled rest day:

-EXPRESS & VOLUNTARY agreement of MAJORITY of the covered EEs

- EEs entitled to holiday pay if they worked on the day immediately
(b) Built-in overtime
preceding the non-working day/rest day.

- Contract stipulates that compensation includes build-in overtime pay & > Hourly paid teachers (not entitled to holiday pay)

the same is DULY APPROVED by DOLE. Nonpayment of overtime pay is valid.

- paid for their regular hourly rate only on days declared as special holidays

> Piece-rate worker (supervised)

c. Non-compensable hours; when compensable

- paid holiday pay equivalent to their average daily earnings for the last 7
i. Meal break - 60 mins; non-compensable
actual working days preceding the holiday.

ii. Power interruptions - more than 20 mins; non compensable as long as

> Pakyao basis worker (unsupervised) - not entitled to holiday pay

- EEs can go elsewhere whether within or without the work premises

- EEs can use the time e ectively for their own interest
2. Principles

iii. Idle time

a. No work, no pay

iv. Travel time

b. Equal pay for equal work

v. Commuting time
c. Fair wage for fair work

vi. Waiting time - compensable if spent PRIMARILY for the bene t of the ER
d. Non-diminution of bene ts

>For it to ripen as Company Practice, the act should be:

2. Rest periods - 24 consecutive hours after every 6 days

*Act of ER has been done for a CONSIDERABLE PERIOD OF TIME

3. Service Charge (CHECK new law on duterte na 100% na)

*Act is done CONSISTENTLY & INTENTIONALLY

fi
fi
fi
ff
fi
ff
ffi
ffi
fi
ff
 LABOR LAW
*Act is NOT A PRODUCT OF ERRONEOUS INTERPRETATION of a doubtful or - commutable to money if not used EXCEPT kasambahays, not commutable

di cult question of law or provision in the CBA.

Principle: No company practice could ripen in situations where certain bene ts are 2. Special laws

granted only under speci ed certain circumstances such as payment of per diem, a. Parental leave solo parents (7 working days; must render at least 1 yr service)

relocation allowance, dislocation pay, etc.

> must present Solo Parent ID card to his/her ER

> Abandonment of spouse for at least 1 yr quali es being a solo parent

> Any other person who solely provides parental care and support to a child

3. Minimum wage
> Principle: Emergency or Contingency leave under company policy SHALL NOT
a. Payment by hours worked
be credited as compliance with Parental Leave

b. Payment by results (piecework, takay, pakyaw or task basis)

-entitled to NOT LESS THAN the prescribed wage rates per 8 hrs of work a b. Expanded maternity leave (105 calendar days regardless of type of delivery)

day OR a PROPORTION thereof for working less than 8 hrs.

> 60 days leave for miscarriage or an emergency termination of pregnancy

> no more limit of rst 4 pregnancies/miscarriages

4. Payment of wages
> Additional 15 days paid leave if mother quali es as a Solo parent

> Regional Min. Wage Rate includes cost-of-living allowances as xed by RTWPB
> At her option, may allocate 7 days paid leave to the father w/n they’re married

>COLA is a bene t intended to cover increases in the cost of living. Its not intended > Female contract of service & job order workers in Govt can claim maternity leave
to reimburse expenses incurred by EEs in the performance of their functions.
bene ts from SSS if they have remitted at least 3 monthly contributions in the 12
month period immediately preceding the semester of childbirth, miscarriage, etc.

5. Prohibitions regarding wages

> Prohibition on deductions from wages (subject to exceptions)

c. Paternity leave (7 calendar days; must be cohabiting w/ his lawful wife)

> Prohibition against Deposit Requirement

-permissible if ER is engaged in trade where there is such practice of d. Gynecological leave (2 months)

making deductions as deposits to answer for reimbursements of loss or damage to > Must have rendered at least 6 months CONTINUOUS AGGREGATE employment
tools. But it should be shown as an industry-wide RECOGNIZED practice or for the last 12 months prior to the surgery.

determined by SOLE as reasonable & necessary in the conduct of the business.

> Gynecological disorders are those involving the female reproductive organs,
including hysterectomy, ovariectomy, mastectomy

6. Wage determination

a. Wage order
e. Battered woman leave (10 days)

> Salary-Cap/ Salary-Ceiling —wage adjustment is to be applied to EEs receiving a > Only requirement is that the Punong Barangay or Prosecutor shall issue a
certain denominated salary ceiling stated in the wage order.
CERTIFICATION that such an action is pending.

b. Wage distortion - 4 elements:

* An existing hierarchy of positions with corresponding salary rates

D. Sexual harassment in the work environment

* Signi cant change in the salary rate of a lower pay class

1. De nition

* Elimination of the distinction between the two levels

2. Duties and liabilities of employers

* Existence of the distortion is in the same region of the country

> Promulgate appropriate rules, procedure for investigation & admin sanctions.

> Principle: The obligation to rectify is con ned to wage distortion resulting from > Create a committee on decorum & investigation of sexual harassment cases.

GOVERNMENT DECREED law or wage order. It doesn’t cover voluntary & unilateral 3. Applicable laws:

increases e ected by the ER.

a. Sexual Harassment Act

b. Safe Spaces Act

C. Leaves

1. Labor Code
E. Working conditions for special groups of employees

a. Service Incentive leave ( 5 days; must render at least 1 year of service)

1. Apprentices and learners - entitled to 75% of the statutory minimum wage.

ffi
fi
fi
fi
ff
fi
fi
fi
fi
fi
fi
fi
fi
 LABOR LAW
2. Disabled workers

a. Equal opportunity
> Substantial Capital of 5M & Investment in tools are treated as 2 separate &
b. Discrimination on employment
distinct requirements, its enough only one of these two is complied.

c. Incentives for employers

b. Trilateral relationship

3. Gender
c. Liabilities

a. Discrimination
> Legitimate Job Contracting - solidary obligation for a LIMITED PURPOSE only
b. Stipulation against marriage -Reasonable Business Necessity Rule
that is to pay wages tot he contractor’s EE’s.

c. Prohibited acts
> Labor-Only contracting - principal becomes solidary liable with contractor to the
d. Facilities for women
latter’s EEs in the same manner & extent that the principal is liable to EEs directly
e. Women working in night clubs, etc.
hired by him/her.

4. Minors

*Below 15y/o - 20hrs/week; no work between 8pm-6am

3. Kinds of Employment

*15-18y/o - 40hrs/week; no work between 10pm-6am

a. Regular

b. Casual - task is merely INCIDENTAL to the principal business of ER, its for.
5. Kasambahays
DEFINITE PERIOD made known to EE at the time of hiring.

> Family drivers are not included from coverage

>Casual EE becomes regular after 1 year of service by operation of law.

> SIL and 13th month pay are mandatory bene ts for kasambahays
c. Contractual

> if K leaves w/o any justi cation, any unpaid salary for a period not exceeding 15 d. Project Employment - litmus test is if its assigned to a SPECIFIC undertaking,
days shall be forfeited.
the DURATION & SCOPE were speci ed AT THE TIME OF HIRING.

> Prohibition on debt bondage- the rendering of service as payment for debt where > Continuous rehiring, as opposed to intermittent, shows the EE is regular

length, nature & value of the service is not clearly de ned or applied to the debt.
e. Seasonal

> ER may recover deployment expenses if services is terminated within 6 months

f. Fixed-term

> When there are successive renewals of xed-term contracts, EE becomes regular

6. Homeworkers

7. Solo parents
g. Probationary; private school teachers

8. Night workers

9. Migrant workers
B. Termination by employer

10. Security guards

1. Requisites for validity

IV. POST-EMPLOYMENT
a. Substantive due process

A. Employer-employee relationship
i. Just causes

1. Tests to determine existence: Four Fold Test; Two Tiered Test

> Serious Misconduct

> Two tiered test applies to cases where there are several parties alleged to be > Insubordination or Willful Disobedience of Lawful Orders

employers of 1 individual. Economic reality test is the determinant.

> Gross & Habitual Neglect of Duties

2. Legitimate subcontracting as distinguished from labor-only contracting

> Abandonment of Work

a. Elements
> Fraud

*Engaged in a DISTINCT & INDEPENDENT BUSINESS & undertakes to perform the > Willful Breach of Trust and Con dence

work on its OWN RESPONSIBILITY according to its own MANNER & METHOD.
> Commission of Crime or O ense

*Has SUBSTANTIAL CAPITAL to carry out the job on his own account, manner & > Termination Due to Enforcement of Union Security Clause

method. INVESTMENT in the form of tools, equipment, machinery & supervision

> Other Analogous Causes

*Free from the CONTROL OF THE PRINCIPAL except as to the RESULTS thereto

*Service Agreement ensures compliance w/ all the RIGHTS & BENEFITS for all EEs *Abandonment of Work

of contractor
> Clear intention from EE to sever employment relationship is necessary

fi
ff
fi
fi
fi
fi
fi
 LABOR LAW
> Immediate ling of complaint for illegal dismissal w/ prayer for reinstatement > Employer must show a medical certi cate issued by a COMPETENT PUBLIC
negates abandonment. If prayer is separation pay, it does not negate abandonment
HEALTH AUTHORITY that the disease is of such nature or at such a stage that it
> Lapse of time between dismissal and ling of a case is not a material indication CAN’T BE CURED within a period of 6 months even w/ proper medical treatment.

of abandonment
>It must be a government doctor whose medical specialization pertains to the
> EE may be absolved from charge of abandonment but adjudged guilty of AWOL.
disease being su ered by the employee.

*Willful Breach Trust & Con dence

b. Procedural due process

> EE should hold a position of trust and con dence

> Authorized Causes

> Act justifying the loss of trust must be founded on clearly established facts
- 2 separate written notices served on both the EE and DOLE at least 1
> Long years of service, absence of derogatory record & small amount involved are month prior to the intended date of termination

deemed inconsequential insofar as loss of trust & con dence is concerned.

>Just Cause & Disease (twin notice requirement)

> 1st position of trust: Managerial & Supervisory EEs

- Service of 1st written notice (states the grounds and asks to explain)

- mere existence of a basis for believing that he breached the trust would su ce - Conduct of hearing/ Ample opportunity to be heard is enough

the dismissal.
- Service of 2nd written notice (termination)

> 2nd position of trust: Fiduciary rank-and- le EEs

> If there’s just or authorized cause BUT due process was not observed-

- requires proof of involvement in the alleged events, mere uncorroborated Dismissal is Legal but with Damages (Just Cause- 30k; Authorized Cause- 50k)

assertions & accusations by the ER will not be su cient

2. Preventive suspension

ii. Authorized causes

> Preventing suspension lasting longer than 30 days without the bene t of valid
> Installation of Labor-Saving Device
extension, amounts to constructive dismissal.

> Redundancy
> If ER decides, for a justi able reason, to extend beyond the 30-day period of
> Retrenchment to prevent losses
suspension ER is obligated to pay the wages & other bene ts to the EE.

> Close or Cessation of Business Operations (Due & Not Due to losses)

> Disease
3. Illegal dismissal

a. Kinds

> Separation pay for Installation of Labor-Saving Device & Redundancy is 1month i. No just or authorized cause

pay or at least 1 month pay for every year of service whichever is higher.
ii. Constructive dismissal

> Separation pay for Retrenchment & Closure NOT due to serious business losses (a) Burden of proof

is 1 month pay or 1/2 month pay for every year of service whichever is higher.
(b) Liability of o cers

(c) Reliefs from illegal dismissal

*Retrenchment to prevent losses

* Reinstatement & Reinstatement Pending Appeal

> The expected or actual losses must be proved by su cient and convincing - if ordered by LA, immediately executory

evidence. This is the only ground in Art. 283 which requires this kind of proof.
- If ordered by NLRC,CA or SC, EE should le a Motion for Issuance of Writ of
> Retrenchment e ected long after the business losses is not valid.
Execution

* Separation Pay in lieu of Reinstatement

*Closure of Cessation of Business Operations

* Backwages

> Closure of department or section & hiring of workers supplied by independent - Salaries computed on the basis of the wage rate level at the time of the illegal
contractor as replacements is valid.
dismissal & not in accordance w/ the latest, current wage level of EE’s position

*Disease
4. Money claims arising from employer-employee relationship

5. When not deemed dismissed; employee on oating status

fi
ff
ff
ffi
fi
fi
fi
fi
fi
fi
fi
fl
ffi
fi
ffi
fi
fi
ffi
 LABOR LAW
C. Termination by employee
* Community or Mutuality of Interest Doctrine

1. With notice to the employer

-geographical location is immaterial and can be completely disregarded if the
2. Without notice to the employer
mutual interest of the EEs are not sacri ced.

3. Distinguish voluntary resignation and constructive dismissal

* Globe Doctrine

* Collective Bargaining History Doctrine

D. Retirement
* Employment Status Doctrine

> 5 years is the minimum yrs of service that must be rendered before EE can avail
of the retirement bene ts upon reaching optional or compulsory retirement age
C. Bargaining representative

> Amount of retirement pay is 1/2 month salary which means 22.5 days
1. Determination of representation status

> 1/2 of 13th month pay & 5 days SIL should not be included in the computation for > Request for SEBA Certi cation to the DOLE Regional Director

retirement pay if EE was not entitled to it during his employment like taxi drivers -there will be a certi cation election only when the requesting union fails to
that are paid on boundary system basis, eld personnel and other’s EEs whose complete the requirements (support of the majority of the EEs in the covered
performance are unsupervised.
bargaining unit, etc.) during the conference

> However for conductors since they’re paid a certain percentage of the bus’
earnings per day, they should get the 22.5 days as 1/2 month salary for retirement
> Certi cation election

*Statutory Bar Rule

V. LABOR RELATIONS
*Certi cation Year Bar Rule

A. Right to self-organization
*Negotiations Bar Rule

1. Who may or may not exercise the right

*Bargaining Deadlock Bar Rule

> Worker’s Association - for mutual aid & protection

*Contract Bar Rule

> Labor Union - for collective bargaining & mutual aid and protection
-CE petition may be led only within the 60-day freedom period prior to its expiry

-The 60 day freedom period based on the original CBA is not a ected by any
a. Doctrine of necessary implication
amendment, extension or renewal of CBA for purposes of certi cation election

-this is the legal basis when under the “con dential EE rule” a rank-and- le EE is -For organized establishments, petition for CE must comply with the 25% written
treated as if he is a managerial EE because of his access to con dential information support of the members of the bargaining unit.

RELATED TO LABOR RELATIONS

-Pendency of a “petition to cancel the cert. reg. of a union” or a “ULP case against
a labor organization” participating in the CE will NOT stay the conduct thereof

2. Commingling or mixture of membership

3. Rights and conditions of membership

>Run-o election

a. Nature of relationship
>Rerun election

i. Member (principal) - Labor union (agent)

>Consent election

ii. Labor union (principal) - Federation (agent)

-one that’s mutually agreed upon by the parties, with or w/o the intervention of the
(a) Disa liation
DOLE, its purpose being merely to determine the issue of majority representation
> Disa liation of a local chapter from the federation that created it, it ceases to be whichever union is chosen will be certi ed by the Med-Arbiter as SEBA

entitled to the rights & privileges granted to a legitimate labor organization

> Disa liation should be approved by the MAJORITY of the union members
D. Rights of labor organizations

(b) Substitutionary doctrine

1. Check o , assessment, agency fees

> Where a local chapter disa liates from the mother union after it secured an * authorization by a written resolution of the majority of all the members at a
independent registration, the local union will be substituted to that of the federation general membership meeting

in negotiating the CBA with the employer.

* individual written authorization for check o duly sign by the EEs concerned

> For agency fees, No individual written authorization by non-bargaining union

B. Bargaining unit
members is required.

fi
ffi
ffi
fi
ff
ff
ffi
fi
fi
fi
fi
ffi
fi
fi
fi
ff
fi
fi
ff
fi
fi
 LABOR LAW
2. Collective bargaining
*Criminal Liability for ULPs of Labor Organization

a. Duty to bargain collectively

-The refusal of ER to send a counter-proposal to the union & to bargain on the F. Peaceful concerted activities

economic terms of the CBA constitutes as ULP/ Negotiating a CBA in bad faith
1. By labor organization

b. Collective Bargaining Agreement

a. Strike

i. Mandatory provisions in a Collective Bargaining Agreement

Requisites:

*Grievance Procedure
*Based on valid & factual ground

-What’s violated should be a NON-ECONOMIC or POLITICAL provision of CBA for *Notice of Strike must be led w/ NCMB-DOLE

it to be of ordinary character and therefore grievable

*Another Notice must be served to NCM-DOLE at least 24 hrs prior to the taking of
the strike vote

*Voluntary Arbitration
*Strike vote must garner MAJORITY of the members of the union to approve it

*No Strike-No Lockout Clause

*Submit the Strike vote Report at least 7 days before intended date of strike

-only when ground is economic in nature because it presumes that all economic *Except in cases of union busting, union must observe cooling o period.

issues are deemed resolved w/ the CBA signing.

-reckoning period must be from the time Notice of Strike is led.

- It doesn’t bar strikes on grounds of Unfair Labor Practice.

15 days - unfair labor practice (political strike)

30 days - collective bargaining deadlock (economic strike)

*Labor Management Council (LMC)

*Observe the 7 day waiting period/strike ban reckoned after the submission of the
- created for the purpose of a ording workers the right to participate in policy and strike vote report

decision-making processes in matters a ecting their rights, bene ts & welfare.

Cirtek EEs Union case (2011): agreements embodied in the MOA were not the i. Valid strikes as distinguished from illegal strikes

proper subject of the LMC deliberation but it should be done in CBA negotiations

b. Picket

E. Unfair labor practices

-picket focuses on publicizing the labor dispute and its incidents

1. Nature, aspects
-what is de nitive of whether the action staged is a picket or strike is the totality of
2. By employers
the circumstances surrounding the situation.

*Interference with, Restraint or Coercion of EE’s Right to Self Organization

*Yellow Dog Contract

2. By employer

*Contracting out of Services & Functions

a. Lockout

*Company Union
-same requisites of strike but the majority vote needed is done by the members of
*Discrimination
the Board of Directors in a corporation or of the Partners in a Partnership.

*Filing of Charges or Giving of Testimony

*CBA-Related ULPs
3. Assumption of jurisdiction by Secretary of Labor and Employment

*Payment of Negotiation & Attorney’s Fees

a. Industry indispensable to the national interest

*Violation of the CBA

b. E ects of assumption of jurisdiction

>The fact that EEs are signatories of the CBA does not itself su ciently establish
3. By labor organizations
their status as union o cers during the illegal strike. Only the union o cers during
*Restraint or Coercion of EE’s exercise of their Right to Self Organization
the illegal strike are liable.

*Discrimination
>Liability for illegal acts by union members should be determined on an individual
*Duty of Union to Bargain Collectively
basis. The individual identity of the union members and the speci c illegal acts they
*Featherbedding Doctrine
each committed should be described with particularity.

*Demand or Acceptance of Negotiation Fees/ Attorney’s Fees

*Violation of the CBA

ff
fi
ffi
fi
ff
ff
fi
ffi
ff
fi
fi
ffi
 LABOR LAW
VI. MANAGEMENT PREROGATIVE
H. Universal Health Care

A. Discipline
1. Policy

> Proportionality rule means that penalty to be imposed should be commensurate 2. Coverage

to the o ense committed.

3. National Health Insurance Program

B. Transfer of employees

> Refusal to transfer consequent to PROMOTION is valid.

VIII. Jurisdiction and Remedies

C. Productivity standards
A. Labor Arbiter

D. Bonus
1. Jurisdiction of the Labor Arbiter as distinguished from the Regional Director

>If considered as part of compensation & thus demandable, amount is usually xed 2. Requirements to perfect appeal to NLRC

>If amount is dependent upon realization of pro ts, bonus is not enforceable.
3. Reinstatement and/or execution pending appeal

E. Change of working hours

F. Bona de occupational quali cations

B. National Labor Relations Commission

G. Post-employment restrictions
C. Court of Appeals

> Valid as long as there are reasonable limitations as to TIME, TRADE & PLACE.
D. Supreme Court

H. Marriage between employees of competitor-employers

E. Bureau of Labor Relations

F. National Conciliation and Mediation Board

VII. SOCIAL LEGISLATION

1. Jurisdiction

A. Social Security System Law

2. Conciliation as distinguished from mediation

1. Coverage and exclusions

3. Preventive mediation

2. Dependents & Bene ciaries

G. Department of Labor and Employment Regional Directors

3. Bene ts
1. Jurisdiction

2. Recovery and adjudicatory power

B. Government Service Insurance System Law

H. Department of Labor and Employment Secretary

1. Coverage and exclusions

1. Jurisdiction

2. Dependents and bene ciaries

2. Visitorial and enforcement powers

3. Bene ts
3. Power to suspend e ects of termination

4. Remedies

C. Limited Portability Law

I. Voluntary Arbitrator

D. Disability and death bene ts

1. Jurisdiction

1. Labor Code
2. Remedies

2. Employees Compensation and State Insurance Fund

J. Prescription of actions

3. Philippine Overseas Employment Administration-Standard Employment 1. Money claims - 3 yrs

Contract
2. Illegal dismissal - 4 yrs

3. Unfair labor practice - 1 yr

E. Solo Parents
4. O enses under the Labor Code - 3 yrs

F. Kasambahay
5. Illegal Recruitment - simple IR - 5 yrs

G. Agrarian Relations
economic sabotage - 20 yrs
1. Concept of agrarian reform

2. Existence and concept of agricultural tenancy

3. Rights of agricultural tenants

4. Concept of farmworkers

fi
fi
fi
ff
ff
fi
fi
fi
fi
ff
fi
fi