1.) Can managers join a rally?

Answer:

No. Managers can not join a rally. Under Article 245 of the Labor Code, managerial
employees are not eligible to join, assist or form any labor organization.
Under the same Code, “Managerial employees” refer to those whose primary duty
consists of the management of the establishment in which they are employed or of a
department or subdivision thereof, and to other officers or members of the managerial
staff.

Thus, managers being considered as part of the management, and having managerial
responsibilities to the establishment and being hired for that purpose primarily, it is
expected of them to uphold the interests of the company making them ineligible to
join, assist or form any labor organization under the Labor Code.

2.) How will you establish employer-employee relationship?

Answer:

To ascertain the existence of an employer-employee relationship, jurisprudence has

invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to
control the employee's conduct, or the so-called "control test.” Although no particular
form of evidence is required to prove the existence of an employer-employee
relationship, and any competent and relevant evidence to prove the relationship may
be admitted, a finding that the relationship exists must nonetheless rest on substantial
evidence, or such amount of relevant evidence which a reasonable mind might accept
as adequate to justify a conclusion. (Atienza vs. Saluta). In establishing employer-
employee relationship, the aforementioned elements must be present.

3.) What is the so called “Management Prerogative”?

Answer:
Management prerogative refers to a company’s freedom to conduct its business as it
sees fit. San Miguel Brewery Sales Force Union v. Ubalde states that management has
a wide latitude to conduct its own affairs so long as it exercises its management
prerogative "in good faith for the advancement of the employer's interest and not for
the purpose of defeating or circumventing the rights of the employees under special
laws or under valid agreements."

4.) Kinds or classes of employees?

Answer:

Under the Labor Code and the jurisprudence, the kinds or classes of employees are
the following:
a.) Regular employees – an employment shall be deemed to be regular where the
employee has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer.
b.) Casual employees – an employment shall be deemed to be casual if it is not
covered under regular employment.
c.) Seasonal employees –
d.) Project employees –
e.) Fixed-term employees – refers to employees under a fixed-term employment. To
be valid, it must have been: (1) knowingly and voluntarily agreed upon by the
parties without any force, duress, or improper pressure being brought to bear upon
the employee and absent any other circumstances vitiating his consent; or (2) it
satisfactorily appears that the employer and the employee dealt with each other on
more or less equal terms with no moral dominance exercised by the former or the
latter. (Brent School vs. Zamora)
f.) Probationary employees – refers to employees who undergoes work trial for
certain period for the employer to evaluate the former’s competence or fitness to
the job. Probationary employment shall not exceed six (6) months from the date
the employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period.
5.) What is a “strike”?
Answer:

As defined under the Labor Code, “Strike” means any temporary stoppage of work by
the concerted action of employees as a result of an industrial or labor dispute.
It is incidental to the rights of the employees to self-organization and can be resorted
to legally when necessary as provided under the Labor Code.

6.) What is the meaning of the “13th Month Pay” and how it can be availed?
Answer:

Under the Presidential Decree No. 851, the 13 th Month Pay shall mean one twelfth
(1/12) of the basic salary of an employee within a calendar year.

Under the same Decree, it is a mandatory benefit that employees shall receive not
later than December 24 of every year provided that they are eligible to receive or avail
of such benefits. Employees must have worked for at least one month during the
calendar year to be eligible.

7.) What is the concept of “double pay”?

Answer:

Under Article 94 of the Labor Code, every worker shall be paid his regular daily wage
during regular holidays. The employer may require an employee to work on any
holiday but such employee shall be paid a compensation equivalent to twice his
regular rate.

The concept of “double pay” simply outlines the entitlement of the employees, as
provided under the Labor Code, to receive twice their regular wage/rate if they would
be required to work on any holiday.

8.) What is “Yellow Dog Contract”?

Answer:
Yellow Dog Contract refers to an agreement between the employer and the
employee/s that prohibits the latter from joining or participating in a labor union as a
condition of employment.

Under the law, such contracts are illegal as it undermines the rights of the employees
to self-organization enforced particularly under Article 243 of the Labor Code.

9.) Enumerate the so called “just causes” and elaborate each.

Answer:

Under Article 297 of the Labor Code, the following are the so called “just causes”:
 Serious misconduct or willful disobedience by the employee of the lawful
orders of his employer or representative in connection to his work;
- showcases employee’s serious wrongful behavior that violates
company policies, and their refusal to follow lawful, reasonable, work-
related orders by his employer.
 Gross and habitual neglect by the employee of his duties;
- refers to repeated failure of the employee to perform his duties
expected of him in his employment.
 Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
- refers to employee’s deceit and intentional violation of his employer’s
trust given to him incidental to his employment.
 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
representatives; and
- refers to employee’s commission of a crime against his employer or the
latter’s relatives.
 Other causes analogous to the foregoing.
- refers to any other instances similar to the foregoing.

10.) Enumerate the so called “authorized causes” and elaborate each.

Answer:
Under Articles 298 and 299 of the Labor Code, the following are the so called
“authorized causes”:
 installation of labor-saving devices;
- refers to when companies install technologies or machineries which
reduces or eliminates the necessity for certain positions held by
laborers.
 redundancy;
- refers to redundancy of certain job or positions due to operational
changes within the company.
 retrenchment to prevent losses;
- refers to when companies try to avoid or minimize substantial losses
by reducing their workforce internally.
 the closing or cessation of operation of the establishment or undertaking
unless the closing is for the purpose of circumventing the provisions in the
Labor Code; and
- refers to when the employer decides to close or cease business
operations entirely and permanently, provided that such closing or
cessation is not for the purpose of circumventing the provisions in the
Labor Code.
 disease.
- refers to when the employee suffers a disease in which a continued
employment will be more prejudicial to his health.

11.) Describe the functions of NLRC.

Answer:

The National Labor Relations Commission (NLRC) is a quasi-judicial body tasked to

promote and maintain industrial peace based on social justice by resolving labor and
management disputes involving both local and overseas workers through compulsory
arbitration and alternative modes of dispute resolution.

12.) What is “POEA” as well as its functions?

Answer:

The Philippine Overseas Employment Administration (POEA) is a government body

responsible for monitoring and regulating private recruitment agencies in the
Philippines. Typically, the POEA ensures that all job opportunities overseas available
to all Filipinos are legitimate. Their main purpose is to protect all applicants and
Overseas Filipino Workers or OFWs from illegal recruiters or employers by creating
and implementing policies that endeavor the best interest of the OFWs.

The POEA shall regulate private sector participation in the recruitment and overseas
placement of workers by setting up a licensing and registration system. It shall also
formulate and implement, in coordination with appropriate entities concerned, when
necessary, a system for promoting and monitoring the overseas employment of
Filipino workers taking into consideration their welfare and the domestic manpower
requirements. It shall be responsible for the regulation and management of overseas
employment from the pre-employment stage, securing the best possible employment
terms and conditions for overseas Filipino workers, and taking into consideration the
needs of vulnerable sectors and the peculiarities of sea-based and land-based workers.

13.) What is “OWWA”?

Answer:

The Overseas Workers Welfare Administration (OWWA) is an attached agency of the

Department of Labor and Employment (DOLE) and a membership institution. It
protects and promotes the welfare of Overseas Filipino Workers (OFWs) and their
dependents. OWWA focuses on the welfare of the OFWs and their families. It is
present in all three stages of migration: pre-departure, on-site, and upon arrival.
Before the first-time workers leave, OWWA educates them on the realities of overseas
work. They also undergo basic language training. Abroad, OWWA assists the OFWs
whenever they encounter concerns with their employers . Finally, when the OFW is
back, OWWA is ready with its livelihood trainings and programs for the OFWs’
reintegration.