MIDTERM REVIEWER RELATIONS S.Y.

2008-2009 LABOR LAWS are laws, rules, and regulations enacted by the state that: 1. promote the general welfare of the employees, and 2. govern the relationship between the employees and their employers. They include judicial decisions interpreting said laws. Example of udicial !egislation: "#!! $%&'(%)E* + wages from the time of illegal termination up to the actual reinstatement 1. ,ercury -rug vs. .!/& + 0 years pay without 1ualification and deduction 2. "errer vs. .!/& + wages from time of illegal dismissal to actual reinstatement ,2.#* earnings elsewhere 3earnings from the new job while case is pending4 0. 5smali6 $ustamante vs. .!/& + wages from the time of illegal dismissal up to actual reinstatement without any deductions. TYPES OF LABOR LAWS 1. Labor Stan ar ! La"! are laws, rules, and regulations which provide the minimum re1uirements for terms and conditions of employment such as wages, hours of wor6, etc. 2. Labor R#$at%on! La"! are laws, rules, and regulations that govern the relationship between employers and employees, promote the rights of employees to self+organi7ation and collective bargaining, penali7e unfair labor practices, and

LABOR PLM - LAW .5TE: !abor *tandards and !abor /elations are not exclusive unto themselves. They ate interrelated and interdependent with each other.

BASES OF LABOR LAWS 1. Po$%'# Po"#r is the inherent power of the state to restrain one9s liberty and right to property to promote the welfare of the people. 2. So'%a$ )*!t%'# -efinition under &alalang vs. (illiams: :*ocial ustice is neither communism, nor despotism, nor atomism, nor anarchy, but the humani7ation of laws and the e1uali7ation of social and economic forces by the state so that justice at its rational and objectively secular conception may at least be approximated. *ocial ustice means the promotion of the welfare of all people, the adoption by the government of measures calculated to insure the economic stability of all the component elements of society, through the interrelations of the members of the community; constitutionally through the adoption of measures legally justifiable, and extra+ constitutionally through the exercise of powers underlying the time+honored principle of salus populi est suprema lex.: $!#E *#.-%< !%( + /% =>? "orbid commercial, industrial, agricultural enterprises to open on any *undays, &hristmas -ay, .ew <ear9s -ay, @oly Thursday and )ood "riday. these days are set aside by law as days of rest. *(EET@E%/T %)/EE,E.T %n agreement containing provisions which are e1ual to the benefits provided by law, or less that what is provided by law. -isadvantageous to employees. RI+,TS OF EMPLOYEES -NDER T,E LABOR STANDARDS 1. /ight to security of tenure 2. /ight to a living wage 0. /ight to humane conditions of employment >. /ight o a just share in the fruits of production 1

provide for the mechanism of settling and8or adjusting labor disputes such as conciliation, mediation, grievance machinery, and voluntary and compulsory arbitration.

&. So'%a$ L#(%!$at%on are laws, rules, and regulations which promote the general welfare of all sectors of society.

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MIDTERM REVIEWER RELATIONS S.Y. 2008-2009 RI+,TS OF EMPLOYEES -NDER T,E LABOR RELATIONS 1. /ight to self+organi7ation a4 form a union b4 assist in the formation of a union c4 join a union of one9s choice 2. /ight to engage in peaceful concerted actions a4 *T/2'E + temporary stoppage of wor6 by the employees due to a labor dispute b) $5<&5TT + non+patronage of a specific service of employer or produc c4 !5&' 5#T+ temporary refusal of the employer to provide wor6 0. /ight to collective bargaining agreement >. /ight to participate in policy and decision+ ma6ing EMPLOYER0S RI+,T 1MANA+EMENT PRERO+ATIVES2 1. /ight to select and hire employees 2. /ight to conduct business 0. /ight to close the business >. /ight to prescribe rules and regulations A. /ight to transfer and dismiss employees EMPLOYEE + is the one who wor6s for another for a fee or compensation. 2t includes one who has been dismissed from service due to a labor dispute and has not yet found any substantial employment. EMPLOYER + is one who hires the services of another and pays him for his service. it includes one who acts for and in behalf of an employer. B !abor organi7ations or unions generally are .5T employers unless they act as an employer or acts for and in behalf of an employer. EMPLOYER-EMPLOYEE RELATIONS,IP 1. *election and engagement of employees 2. Cayment of wages 0. Cower to dismiss >. &ontrol over the means and methods used by the employee in accomplishing the wor6 DETERMINATIVE FA3TORS OF AN INDEPENDENT )OB 3ONTRA3TOR . ,anna Ma(/a!% 2008

LABOR PLM - LAW 1. ,ust have substantial capital of at least ChC 2, or invested on tools, machineries, and e1uipments; 2. #nderta6es the contract on his own account by his own means and responsibility without interference of the principal, except as to the result; 0. @is employees must perform activities not necessary or desirable to the usual business of the principal; >. @e has his own place of wor6 or official business address. B 2ndependent ob &ontractor is *5!2-%/2!< liable with the principal for unpaid wages and benefits.

B !abor+only contractor + one who does not have those determinative factors of an independent job contractor. + agent only of the principal; principal is the direct employer of the employees and is liable for unpaid wages and benefits. "%/,E/* + those whose primary livelihood is the cultivation of soil, harvesting crops, planting of trees, and other agriculture activities and raising of livestoc6s. "%/, (5/'E/* + are farmers who wor6 on the land for a fee. they are laborers in of the farm, hired to do agricultural wor6 for a fee. OR+ANI4ED ESTABLIS,MENT 3%siabed "actory &ase4 1. 2t has a #.25. that is &E/T2"2E- as the sole and exclusive bargaining agent of the employees. 3certified by the employer4 2. There is a &ollective $argaining %greement B % teacher is a regular employeeD at least 21 units of load 0 school years of teaching ? semesters = trimesters B 2f there is vagueness as to the > factors of employer+employee relationship, loo6 into the factors of 2ndependent ob &ontractor. FLOATIN+ STAT-S is a situation where an employee of a contractor has been relieved from his post or affected by a termination or expiration 2

MIDTERM REVIEWER RELATIONS S.Y. 2008-2009 of a service contract is made to wait for a period of not exceeding ? months for their employer, the contractor, to find a vacancy for their reassignment, otherwise, the said employees will be considered &5.*T/#&T2EE!< -2*,2**E- from the service. 3Then, they can file illegal dismissal case.4 BB There is no exact time wherein the contractor can be very sure of employment of wor6ers upon the expiration of one9s contract because vacancy is not always available. SEASONAL EMPLOYEES are regular employees insofar as the season for which they are hired is concerned. -uring the 5"" *E%*5., the employees are considered to be merely on leave of absence without pay. The employment is not terminated but merely suspended and when the pea6 season comes, the employees are the first to be called for wor6 or service. 3Eisayan *tevedoring vs. &2/4 BB They are li6e project employees. #pon the completion of the project to which the employee is hired, he is dismissed from service. @is employment is co+terminus with the season for which he was hired. + &ontrary tp Eisayan *tevedoring case3,ercado vs. .!/&4 BB $ac6 to the definition under the Eisayan *tevedoring &ase, Chil. Tobacco vs. .!/& EMPLOYEES -5!- INDEPENDENT )OB 3ONTRA3TORS EMPLOYEES 2n+house counsel *alaried sales agent + being mad eto report to office regularly, given the space in the office I.).3. &ounsel at a retainer fee &ommissioned sales agent + may sell in any manner they li6e when the company does not interfere

LABOR PLM - LAW E73EPTION TO 3OVERA+E 1. +OVERNMENT EMPLOYEES $ased on the &onstitution, the law governing them is the &ivil *ervice !aw, and they are under the jurisdiction of the &ivil *ervice &ommission. They are employees wor6ing in the different branches, departments, political subdivisions, agencies, and instrumentalities of the )overnment 2ncluding thise in the )5&&s with original charter They are not allowed to go on stri6e because it will disrupt public service; they have the right to self+organi7ation The following are not allowed to form unions because they are armed: %"C 3navy, army, marine, airforce4 C.C "iremen ail )uards *ubsidiaries and affiliated incorporated under the )eneral &orporation law does not carry the original charter of the mother corporation.

2. INTERNATIONAL RELATIONS
a4 Employees of 2.TE/.%T25.%! 5/)%.2G%T25.* 8 $5-2E* b) Employees of the -2C!5,%T2& &5/C* c4 Employees of agencies of #nited .ations 5rgani7ation d4 2ntergovernmental 5rgani7ations $ased on 2nternational !aw, they are immune from suit. "or grievances: i. see charter or treaty first if there is a provision for the settlement of disputes; ii. otherwise, see6 assistance with the -"% through diplomatic channels. &. 3ORPORATE OFFI3ERS The provisions of the by+laws contain the enumeration of corporate officers. PD 902-A8 cases of illegal dismissal filed by a corporate officer as a result of non+reelection or non+ reappointment to the former position are 2.T/%&5/C5/%TE -2*C#TE* that fall under the jurisdiction of the *.E.&. &

LAWS ON T,E EFFE3TIVITY OF LAWS6 R-LES AND RE+-LATIONS 1. &2E2! &5-E, %/T. 2: :unless otherwise provided: 2. !%$5/ &5-E, %/T.A: 1A days after adoption 0. /EE2*E- %-,2.2*T/%T2EE &5-E, *E&. 0 F >: serve 0 verified copies of the rules and regulations at the .ational %dministrative /egistry at the #C !aw &enter . ,anna Ma(/a!% 2008

MIDTERM REVIEWER RELATIONS S.Y. 2008-2009 2t is the -#T2E* which ma6es a person a corporate officer. The person should perform the duties of the corporate officer which ma6es his such, and within the jurisdiction of the *.E.&. R.A. 999, .E( *E&#/2T2E* /E)#!%T25. &5-E effective uly 1=, 2HHH: o The *.E.&. ha no jurisdiction over the intracorporate disputes; it is .5( vested onto the regular courts 3/T&4 o C- =H2+% ceases o #nder the .acpil &ase, if the person is also appointed by the board of directors, even if the position is not enumerated in the by+laws, he is deemed a corporate officer. :. EMPLOYEES OF WATER DISTRI3TS They are employees of a 1uasi+public corporation, covered by the &ivil *ervice &ommission.

LABOR PLM - LAW .!/ %ct 3(agner %ct of 1=0A; Taft and @artley %ct4 3. PD 216 O'tob#r 1:6 1992 %d @oc .!/& + temporary .!/& :. PD ::26 No5#>b#r 16 199: !abor &ode ,ade the .!/& permanent .!/& is a tripartite administrative body with 1uasi+judicial functions attached to the -epartment of !abor and Employment only for policy and program coordination. The -5!E cannot dictate how the arbiters and the .!/& will decide the case. 5. RA <91=6 Mar'? 216 1989 @errera+Eeloso law; The .ew !abor /elations &ode 3amended the !abor &ode4 <. RA 9&:96 )*$@ 29. 200< *trengthening the .!/& 9. RA 9:81 %ct on *elf+5rgani7ation RA 9&9: A. 3OMPOSITION OF T,E NLR3 1 &hairman 3from the public sector, the Cresiding &ommissioner of the 1st division4 20 &ommissioners I from public sector 3each becomes the Cresiding &ommissioner of the 2nd + Jth divisions4 + nominated by the *ec. of !abor J from labor sector + nominated by federations8unions J from employer sector + nominated by employer confederations !abor %rbiters + nominated by *ec. of !abor BB all are appointed by the president B. A-ALIFI3ATIONS &@%2/,%.8&5,,2**25.E/* members of the bar

;INDS OF ARBITRATION 1. VOL-NTARY ARBITRATION both parties agree to submit their dispute to an impartial 0rd person, whose resolution they both believe to be final and executory. usually for the organi7ed

2. 3OMP-LSORY ARBITRATION
where the government ta6es part in the arbitration8resolution of the dispute. usually for the unorgani7ed.

LE+AL ,ISTORY OF T,E LABOR RELATIONS LAW 1. 3A-10&6 O'tob#r 296 19&< &reated the &2/ 2. RA 89=6 )*n# 196 19=& 2ndustrial Ceace %ct 3,agna &arta of !abor4 &opied from the #.*. !abor &ode: %nti+2njunction %ct 3.orris !a )uardia %ct of 1=A24 . ,anna Ma(/a!% 2008

practiced law for at least 1= @#ar! experience8exposure to labor management relations for at least = @#ar!

!%$5/ %/$2TE/* members of the bar

practiced law for at least 10 @#ar! :

MIDTERM REVIEWER RELATIONS S.Y. 2008-2009

LABOR PLM - LAW

experience8exposure to labor management relations for at least = @#ar!

NLR3 a4

IN RA 9&9: J divisions, 0 members each (hen to sit en banc: only for purposes of promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches b4 formulating policies affecting its administration and operations c4 on temporary or emergency basis + allow cases within the jurisdiction of any division to be heard and decided by another division whose doc6et allows additional wor6load and such transfer will not expose litigants to unnecessary additional expense. The concurrence of 2 commissioners of a division shall be necessary for the pronouncement of judgment or resolution.

. ,anna Ma(/a!% 2008