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LABOR LAW
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Labor Standards
Labor Relations
Social Legislation
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b. Collective bargaining
negotiations;
c. Peaceful and concerted activities
TITLE ONE: POLICY AND DEFINITIONS including the right to strike in
accordance with law; and
Labor Relations - the interactions between d. Participate in policy and decision-
the employer and employees and their making processes affecting their rights
representatives and the mechanism by which and benefits as may be provtded by
the standards and other terms and conditions law.
of employment are negotiated, adjusted and
enforced. (The Labor Code with Comments Parties to Labor Relations Cases
and Cases 2007, Azucena, vol. ll, p.10) 1. Employee's organization;
2. Managemenf;
Labor Relations Laws - define the status, 3. The public - always to be considered in
rights, and duties and the institutional dispute between labor and capital, and it
mechanisms that govern the individual and has been held that the rights of the
collective interactions of employers, general public are paramount; and
employees or their representatives. 4. The State.
{Everyone's Labor Code, Azucena,2007, p.4)
Note: Employer and employees are ACTIVE
Note: Absent an employer-employee relation, parties while the public and the state are
there is no labor relation to speak of. lf there is PASSIVE parties. (Foquiz, 2006, p.3)
no Er-Ee relationship between the parties,
there is no basis for organizing for purposes of Principle of Non-Oppression - mandates
collective bargaining. capital and labor not to act oppressively
against each other or impair the interest and
"Labor Relations" may be distinguished from convenience of the public. The protection to
"labor standards" in that the latter is that part labor clause in the Constitution is not designed
of labor law which prescribes the minimum to oppress or
terms and conditions of employment which the
employer is required to grant to its employees.
(The Labor Code of the Philippines Annotated 211
2005, Chan, Vol. ll)
EXECUTIVE COMMIfiEE:
EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics, DiOANIVIE JOMARE JUNASA
chairperson for hotel operations, MARIE MICAELA 5TA" ANA vice-chairperson for operations, MIKHAIL MAVERICK TUMACDER vice-
chairperson for secretariat, JACKIE LOU LAMU6 vice-chairperson for finance, DIANA JEAN TUMON vice.chairperson for edp, JASSEN
RALPH LEE vice-chairperson for logistics
sUBJECT COilMlfiEE3
HAROLD CHRISIIAN TALLEDO subject chair, AYLA HERAZADE SALENDAB assistant subject chair, PINKY VELOSO edp, NEO VALERIO labor
standards, MARK LESTER TAMONDONG labor relations, DONNA FRANCES YLADE social legislation
MEMBERS3
jhony Martin Alba, Karlo Dialogo,
Vanessa Guinto, Kaye Coleen Lambino, Karlon Pambid, Jose Carlos Torres, Ramayana Saidamen, Jose
Angelo David, Kamille Deanne Lagasca, Raynan Larosa
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For Art. 211 (9"), see Arf. 255 for more Company Union - any labor organization
discussions. whose formation, function or administration
has been assisted by any act defined as ULP
CHAPTER II. DEFINITIONS under the Labor Code.
ART.212; DEFINITIONS
Employer Bargaining Representative - means a
1. One who employs the services of others; legitimate labor organization whether or not
one for whom employees work and who employed by the employer.
pays their wages or salaries (Feati
University v. Bautista, GR No. L-21278 Labor Dispute - includes any controversy or
December 27, 1966) matter concerning:
2. Any person acting in the interest of an 1. Terms or conditions of employment; OR
employer, directly or indirectly. The term 2. Association or representation of persons in
does not include a labor oiganization or negotiating, fixing, maintaining, changing
any of its officers and agents, EXCEPT or arranging the terms and conditions of
, when acting as an employer. The mere employment.
fact that respondent is a labor union does
not mean it cannot be considered an REGARDLESS of whether the disputants
employer for persons who work for it. stand in the proximate relation of employer
Much less should it be exempted from and employee.
labor laws. (Bautista v. lnciong, GR No. L-
52824, March 16, 1988) Test: Depends on whether it
involves or
concerns terms, conditions of employment, or
Employee - includes: (CED) representation (SMC Employees Union-
1. Any person in the employ of an employer; PTGWA v. Bersamira, GR No. 87700, June
2. Any individual whose work has geased as 1s, 1990).
a result of or in connection with any
current labor dispute or because of any Even the question of employer-employee (Er-
unfair labor practice if he has not obtained Ee) relationship can be considered a "labor
any other substantially equivalent and dispute".
regular employmenf
3. One who has been Qismissed from work Types of Labor DisPutes
but the legality of the dismissal is being 1. Labor Standards Disputes {ComBeWo)
contested in a forum of appropriate a. Compensation (e.9. underpayment of
jurisdiction (D.O. No. 4G03, March 15,
200s).
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Supervisory Employees - those who, in the Note: The composition of the NLRC is
interest of the employer,
effectively trisectoral. Tripartism is representation of the
recommend such managerial actions if the three sectors publio or govemment,
exercise of such authority is
not merely employers and the workers - in policy-making
routinary or clerical in nature but requires bodies of the government. Tripartism is
independent judgment. observed in numerous government agencies
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other division whose docket allows the 3. Must have experience or exposure in
additional workload and such transfer will handling labor management relations for
not expose litigants to unnecessary at least 5 years.
additional expense.
Term of Office of the Chairman,
Division (Eight Divisions Each W,th 3 Commissioners, and Labot Arbiters
Members) (Art. nq
1. Adjudicatory; They shall hold otfice durin! good behavior
2. All other powers, functions and duties; and until they reach the AGE OF 65 unless
3" Exclusive appellate jurisdiction over cases removed for causes as provided by law or
within their respective territorial become incapacitated to discharge the
jurisdiction. function of his office.
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are merely suppletory in character vis-d-vis and maternity beneflts, all other claims
labor disputes which are primarily governed by arising from. Er-Ee relations, including
labor laws (Montoya v. Escayo, GR Nos. those of persons in domestic or household
82211, March 21, 1989). service, involving an amount exceeding
P5,000 regardless of whether
ART. 214: HEADQUARTERS, BRANCHES accompanied with a claim for
AND PROVINCIAL EXTENSION UNITS reinstatement;
7. Monetary claims of gverseas contract
The Commission and its first, second, third, workers arising from Er-Ee relations under
fourth, flfth and sixth divisions shall have their Migrant Workers Act of 1995;
main offices in METROPOLITAN MANILA, 8. Wage distortion disputes in unorganized
and the seventh and eighth divisions in the establishments not voluntarily settled by
cities of CEBU and CAGAYAN DE ORO, the parties pursuant lo RA 6727;
respectively. 9. Enforcement of gompromise agreements
ART. 216: SALARIES, BENEFITS AND when there is non-compliance by any of
OTHER EMOLUMENTS the parties pursuant lo Art. 227 of the
r The Chairman ahd members of the Labor Code, as amended, and
Commission shall have the same ran( 10. Qther cases as may be provided by law.
receive an annual salary equivalent to,
and be entitled to the same allowances, Note: Although the provision speaks of
retirement and benefits as, those of the EXCLUSIVE AND ORIGINAL JURISDICTION
Presiding Justice and Associate Justices of Labor Arbiters, the cases enumerated may
of the Court of Appeals, respectively. instead be submitted to a voluntary arbitrator
. Labor Arbiters shall have the same rank, by agreement of the parties under Art. 262.
receive an annual salary equivalent to and
be entitled to the same allowances, The law prefers voluntary over compulsory
retirement and other benefits and arbitration.
privileges as those of the judges of the
regional trial courts. Ihe cases that a Labor Arbiter can hear and
decide are employment related. Where no Er-
CHAPTER II. POWERS AND DUTIES Ee relationship exists between the parties and
ART.217: JURISDICTION OF I-ABOR no issue is involved which may be resolved by
ARBITERS AND THE COMMISSION reference to the Labor Code, other labor
statutes, or any collective bargaining
Exclusive and Original Jurisdiction of agreement, it is the Regional Trial Court that
Labor Arbiters has j urisdiction (Lapand ay Agricult ural Dev't.
EXCEPT as otherwise provided under this Corp. v. CA, GR No. 112139, January 31,
Code, the Labor Arbiters shall have original 2000J.
and exclusive jurisdiction to hear and decide,
WITHIN 30 CALENDAR DAYS after the The Labor Arbiter has jurisdiction over
submission of the case by the parties for controversies involving employers and
decision without extension, even in the employees only if !h_pl'p_ is a "reasonable
absence of stenographic notes, the following causal claim
cases involving all workers, whether
ag ri cu ltu ral or n on-ag ri cu ltu ral : (UTR-DV-EeO -
cDo)
1. ULP cases; CA,
2. Termination disputes;
3. lf accompanied with a claim for The
Reinstatement, those that workers file
involving wages, rates of pay, hours of
work and other terms and conditions of
employment; Jose
4. Claims for actual, moral, exemplary and 1e98).
other forms of Qamages arising from Er-
Ee relations; Cases
5. Cases arising from any Violation of Art. machi
264, including questions involving the The be
legality of strikes and lockouts; disposed referring
6. Except claims for Employment the same to and
Compensation, Social Security, Philhealth voluntary
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1. Disputes on the interpretation or and Design lnc. vs CA, 260 SCRA 623,
implementation of CBA, and [1ee6u.
2. Disputes on the interpretation or 12. Termination of membership in a
enforcement of company personnel Cooperative organized under RA No. 6938
policies. othenrvise known as fhe Cooperative Code
of the Philippines.
No Jurisdiction over the Following:
1. Foreign governments (JUSMAG- 2AO5 NLRC Rules of Procdure on Venue of
Philippines v. NLRC, GR No. 108813, Filing Gases
December 15, 1994); except when the 1. All cases which Labor Arbiters have
function of the foreign entity partakes of authority to decide may be filed in the
the nature of a proprietary activity, it Regional Arbitration Branch (RAB) having
impliedly divested itself of its sovereign jurisdic{ion over the workplace of the
immunity from suits. compla ina nUpetiti oner.
2. lnternational agencies (Lasco v.
UNRFNRE, GR No. 109095-1091A7, Note: WORKPLACE is understood to be
February 23, 1995)', the place or locality where the employee is
3. lntra-corporate disputes which fall under regularly assigned when the cause of
P.D. 902-A and now fall under the action arose. lt shall include the place
jurisdiction of the regular courts pursuant where the employee is supposed to report
to the new Securities Regulation Code back after a temporary detail, asgignment,
(Nacpil v. lBC, GR 144767, March 21, or travel.
2044;
4. Executing . money claims against ln case of field employees, as well as
government (DAR v. NLRC, GR No. ambulant or itinerant workers, their
104269, November 11, 1993); workplace is:
5. Cases involving GOCCs with original a. Where they are regularly assigned;
charters which are governed by civil b. Where they are supposed to regularly
service law, rules-or regulations (Aft. lX-9, receive their salaries and wages;
Sec,2, No. 1, 1987 Consf-); c. Where they receive their work
6. Local water district (Tanjay Water Distrid instructions from, and
v. Gabaton, GR Nos. 63742 and 84300, d. Report the results of their assignment
April 17, 1989) except where NLRC to their employers.
jurisdiction is invoked (Zamboanga City
Water District v. Buat, GR No. 104389, Where 2 or more RABs have jurisdiction
May 27, 1994); over the workplace, the first to acquire
7. The aggregate money claim does not jurisdi ction shall exclude others,
exceed 5,000 pesos and without claim for lmproper venue when not objected to
reinstatemenl (Rajah Humabon Hotel, lnc. before filing of position papers shall be
v. Trajano, GR No. 1A0455 September 17, deemed waived.
lees), Venue may be changed by written
8. Claim of employee for cash prize under agreement of th"9,,,,p-ffipg-- or when the
the lnnovation Program of the company,
although arising from employer-employee
relationship, is one requiring application of
general civil law on contracts which is
within the jurisdiction of the regular courts
(San Miguel Corp. v. NLRC, GR No. l-
80774, May 31, 1988);
9. Cause of action is based on quasi-delict or
tort which has no reasonable connection
with any of the claims enumerated in Art The
217 oI the Code (Ocheda v. CA, GR Na. permts
85517, October 16, 1992), the
10. Complaint arising from violation of a different
training agreement (Singapore Airlines v. 124193,
Pano, GR No. L-47739, June 22, 1983),
11. When the Labor Arbiter is an inconvenient Servide of
Forum under the Doctrine of Forum Non ln the ora
Canveniens (Communication Materials valid waiver and
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judgment rendered by the labor arbiter are null Labor Arbiters cannot issue a TRO or an
and void. lnjunction.
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e. That public officers charged with the The procedural and substantial requirements
duty to protect complainant's property ot Art. 218[e] must be strictly complied with
are unable or unwilling to furnish before an injunction may issue in a labor
adequate protection. dispute.
6. Posting of a Qond.
ART. 219: OCULAR INSPECTION
lnjunction from NLRC is NOT the Proper The Chairman, any Commissioner, Labor
Remedy against Employee Dismissal Arbiter or their duly authorized representatives
The power of the NLRC to issue an injunctive may, at anytime during working hours:
writ originates from "any labor dispufe" upon 1. Conduct an ocular inspection on any
application by a party thereof, which establishment, building, ship, place or
application if not granted may cause grave or premises, including any work, material,
irreparable damage to any party or render implement, machinery, appliance or any
ineffectual any decision in favor of such party. object therein; and
2. Ask any employee, laborer, or any person
It is an essential requirement that there must as the case may be for any information or
first be a labor dispute between the contending date concerning any matter or question
parties before the labor arbiter. ln the present relative to the object of the investigation.
case, there is no labor dispute between the
petitioner and private respondent as there has ART. 221: TECHNICAL RULES NoT
yet been no complaint for illegal dismissal filed BINDING AND PRIOR RESORT TO
with the labor arbiter. (PAL vs. NLRC G.R. AMICABLE SETTLEMENT
No. 120567, March 20, 1998).
Technical Rules NOT Binding
Requisites Before TRO May Be lssued Ex Administrative and quasi-judicial bodies like
Parte (STU) the NLRC are not bound by technical rules of
1. The complainant shall allege that, unless a procedure in the adjudication of cases {Ford
TRO is issued without notice, a substantial Phils. Salaried Employees Assoc. v. NLRC,
and irreparable injury to complainant's GR No. 75347, December 11, 198n.
property will be unavoidable;
2. There is lestimony under oath, sufficient, if Rules of evidence are not strictly observed in
sustained, to justify the Commission in the proceedings before the NLRC (Bantolino'
issuing a temporary injunction upon et al. v. Coca-Cola Bottlers Phils., Inc., GR No.
hearing after notice (Affidavit of Merit); and 153660, June 10,
3. The complainant shall first file an
undertaking with adequate security/bond A
in an amount to be fixed by the
Commission suff icient to recompense
those enjoined for any loss, expenses or
damage caused by the improvident or
erroneous issuance of such order or (Llora
injunction, including all reasonable costs,
together with a reasonable attorney's fee,
and expense of defense against the
granting of any injunctive relief sought in
the same proceeding and subsequently
denied by the Commission.
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CHAPTER III. APPEAL TO THE NLRC arguments propounded and reliefs sought
within the required period of appeal and
ART.223: APPEAL with a statement of the date appellant
received the appealed decision, order or
Grounds for Appeal (FLEP) resolution;
1. lf the decision, order or award was 2. ln lhree legibly typewritten or printed
secured through Fraud or coercion, copies;
including graft and corruption; 3. Proof of payment of the required appeal
2. lf made purely on questions of Law; fee;
3. lf serious lrrors in the findings of facts are 4. ln case of monetary award, an appeal by
raised which would cause grave or the employer may be perfected only by the
irreparable damage or injury to the posting of a lond (cash deposit or surety
appellant; and bond) equivalent in amount to the
4. lf there is lrima facie evidence of abuse of monetary award exclusive of damages
discretion on the part of the Labor Arbiter. and attorney's fees;
5, Proof of service upon the other parties;
Periods within which to Appeal and
1. Decr'sions of the Regional Director - within 6. Qertificate' of non-forum shopping and
5 calendar days from receipt of the order verification.
(Att.129, LC - Recovery of wages and
simple money claims of an amount not Note: Where the employer failed to post a
exceeding P 5,000) bond to perfect its appeal, the remedy of the
2. Declsions of the Labor Arbiter - within 10 employee is a motion fo dismiss the appeal'
calendar d4ys from the receipt of the NOT a petition for mandamus.
decision.
The bond is sine qua non to the perfection of
Note: Ihe Code sfafes calendar, not working appeal from the labor arbiter's monetary
days. Hence, in counting the 10-day period, decision (Catubay, et al. v, NLRC, GR No.
Saturday, Sunday, and Legal Holidays are 119289, Aprit 12, 2000)', property bond
INCLUDED. (Vir-Jen Shipping and Marine acceptable (UERM-Memarial Medical Center
Servlces v. NLRC GR L-58011-12, July 20, v. NLRC, GRNo. 110419, March 3, 1997).
i982).
No motion to'reduce bond shall be entertained
lf the 10s or 5s day, as the case may be, falls except on meritorious grounds and only upon
on a Saturday, Sunday or holiday, the last day the posting of a bond in a reasonable amount
to perfect the appeal shall be the first working in relation to the monetary award. The mere
day following such Saturday, Sunday or filing of motion to reduce bond without
a
holiday. complying with these requisites will not stop
the running of the period to appeal'
No Motion for Reconsideration is available in
questioning the Labor Arbiter's decision (2005
NLRC Ru/es).
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There is no need for a motion for the issuance Dev't. Bank v. Associafion of Luzon Devt.
of writ of execution on the reinstatement order Bank, GR No. 120319, October 6, 1995).
it
as is self-executory (Pioneer Texturizing
Corp. v. NLRC, GR no. 11ffi51, October 16, 1. The way to review NLRC decisions is by
1997). specia/ civil action of ceftiorari, prohibition
or mandamus under Rule 65 of the Rules of
Reinstatement Pending Appeal under Ar1. Court.
223 vs. Order of Reinstatement under Arf
279. Note: A petition for certiorari shall NOT
STAY (or suspend) the execution of the
order of I On the other hand, the assailed decision of the NLRC UNLESS a
by the I order of reinstatement
reinstatement TRO is issued by CA or SC (Sec. 10, Rule
Labor Arbiter b I under Art. 279 Xl, NLRC Rules, 2ffi5).
immediately executory | presupposes the a,vard
even pending appeal. lt J thereof is pursuant to a 2. Jurisdiction belongs to SC and CA, but in
is similar to a return-to- final and executory
line with lhe doctrine on hierarchy of eourts,
work order l.e. to restore I judgment, and not while
the status quo in the I the case for illegal lhe petition should be initially presented to
workplace for the I dismissal 's pending on fhe CA (Sf. Martin's Funeral Home v.
meantime. j appeal. NLRC, GR No. 130866, SePtember 16,
1988).
3. No motion for reconsideration is allawed for
Options of the Employer in Gomplying with any order, decision or award of a labor
an Order of Reinstatement which is arbiter. However, a Motion for
lmmediate and Self-Executory Reconsideration of a Labor Arbiter's
1. He can ADMIT the dismissed employee decision, award or order which has all the
back to work under the same terms and elements of an appeal may be treated as
conditions prevailing prior to his dismissal appeal
or 'separation or to a substantially 4. Only one Motion for Reconsideration of the
equivalent position if the former position is decision, award or order of the commission
already fllled up; OR in cases appealed before it is allowed.
2. He can REINSTATE the employee merely
in the PAYROLL with payment of the Procedure on Cases Originally Filed with
accrued salaries. the Labor Arbiter
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After the lapse of the said five year period, the RTC lnjunction against NLRC
judgment shall become dormant and may only Generally, not available.
be enforced by an independent action within
the next five (5) years. (Phil. National railways HOWEVER, the general rule that no court has
vs. NLRC, G.R. No. 81231, September 19, the power to interfere by injunction with
1e]e) judgments of another court with
concurrenVcoordinate jurisdiction applies
It is settled that once a decisionor order ONLY when no third-party complaint is
becomes final and executory, it is removed involved (tbid ). Therefore, if the property
from the power or jurisdiction of the court under levy does not belong to the judgment
which rendered it to further alter or amend it. debtor in the NLRC case, it could not be
(Schering Employees Labor union vs NLRC, validly levied upon by the sheriff' for the
G.R. No. 118586, Sept 25,1998) except: satisfaction of the judgment therein. lf the third
1. When there are clerical errors or mistakes. party claimant does not involve nor grows out
2. When the amendment or correction is of a labor dispute, a separate action for
meant to harmonize it with justice and the injunctive relief against such levy may be
facts. maintained in court. (Co Tuan et. al. v. NLRC
3. When the same becomes necessary to and CL|JP, GR No. 117232, April22, 1998).
accomplish the aims of justice.
4. When there are supervening events TITLE THREE. BUREAU OF LABOR
justifying the amendment of correction. RELATIONS
(Yu vs NLRC, G.R. Nos. 11181011, June
16, 1995) ART.226: BUREAU OF LABOR RELATIONS
ABSORPTION BY NCMB
Manner of Execution May Be Appealed
Finality of judgment becomes a fact upon the Pursuant to E.O. 126,the National Conciliation
lapse of the reglementary period of appeal and and Mediation Board (NCMB) has absorbed
if no appeal is perfected. ln such a situation, the conciliation, mediation and voluntary
the prevailing party is entitled as a matter of arbitration functions of the BLR.
right to a writ of execution.
The BLR functions, as it now stands, are
There is a big difference if, what is sought to
be reviewed is not the decision itself but the
manner of its execution. While it is true that
the decision has become final and executory
and so can no longer be challenged, there is
no question either that it must be enforced in
accordance with its terms and conditions. The
NLRC has authority to look into the
correctness of the execution of the decision
and to consider supervening events that may
atfect such execution (Abbot v. NLRC, 6R No.
L-65173, October 27, 1986).
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be sought within the union itself in Bureau of Labor Relations - if
accordance with its constitution and by- the case originated from the
laws EXCEPT under any of the following Med-Arbiter/R egional Director
circumstances: Sec. Of Labor - if the case
1. Futility of intra-union remedies; originated fom the Bureau
2. lmproper expulsion procedure,
3. Undue delay in appeal as to constitute Regional Office or to the BLR,
su bstanti al njustice;
i where the complaint originated
4. The action is for damages; (records are transmitted to the
5. Lack of jurisdiction of the investigating BLR or Sec. withln 24 hours
body; from receipt of the
6. Action of the administrative agency is memorandum of appeal)
patently illegal, arbitrary, and
oppressive; Flowchart of Appeal from Decisions of
7. lssue is purely a question of law; Med"Arbiters
8. Where the administrative agency had
already prejudged the case; and
L Where the administrative agency was Med-Arbiter/Regional
practically given the opportunity to act Director
on the case but it did not.
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Options When Compromise Agreement ls 3. The regional office shall furnish the BLR
Violated with a copy of the CBA within five (5) days
1. Enforce compromise by writ of execution; from its submission
or 4. The BLR or regional office shall assess
2. Regard it as rescinded and insist upon the employer for every CBA, a registration
originaldemand. . fee of not less than P1,000.00 or any
amount deemed appropriate by the
Requirements of a Valid Quitclaim (VAC) Secretary of Labor.
1. The quitclaim must be voluntarily arrived 5. lssuance of Certificate of Registration.
at by the parties;
2. lt must be with the gssistance of the Note: Registration of the CBA is not a
Bureau of Labor Standards, Bureau of requisite for its validity.
Labor Relations or any representative of
the DOLE; and The certification of the CBA by the BLR is not
3. The gonsideration must be reasonable required to put a stamp of validity to such
(required only when entered wlthout the contract. Once it is duly entered into and
assistance of DOLE). signed by the parties, a
CBA becomes
effective as between the parties regardless of
Note: Dire necessity is not an acceptable whether or not the same has been certified by
ground for annulling the releases, especially in the BLR (Libefty Flour Mitts Emptoyees v. LFM
the absence of proof that the employees were lnc., GR Nos. 58768-70, December 29,
forced to execute them (Veloso v. DOLE, GR 1989).
No. 87297, August 5 1991)
ART. 232: PROHIBITION ON
Waiver of Reinsiatement CERTIFICATION ELECTION
Like waivers of mongy claims, a waiver of
reinstatement must bb regarded as a Contract-Bar Rule - While a valid and
PERSONAL RIGHT which must be exercised registered CBA is subsisting for a FIXED
personally by the workers themselves (Jag PERIOD OF 5 YEARS, the Bureau is not
and Haggar Jeans and Spottswear Corp. v. allowed to hold an election contesting the
NIRC, GRNo. 105710, February23, 1995). majority status of the incumbent union
EXCEPT during the sixty (60) day-period
ART. 231: REGISTRY OF UNIONS AND F|LE immediately prior to its expiration, which
OF COLLECTIVE AGREEMENT period is called the FREEDOM PERIOD.
The CBA is more than a contract; it is highly Note: ln the absence of such timely notice or
impressed with public interest for it is an filing of petition, the contract executed during
essential instrument to promote industrial the automatic renewal period is a bar to
peace (TUP v. Laguesma, GR No. 95013, certification e lection.
September 21, 1 994).
There shall be no amendment, alteration, or
An Unregistered CBA does not bar termination of any of
certification election (Contract-Bar Rule will not
apply in the absence of registration). (See
notes under Arts. 253, 253-A and 256).
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ART.234: REQUIREMENTS OF
REGISTRATION
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Glassification of Labor Organizations applicable only to registration of independent
1. National Union/Federation - any labor union.
organization with at least 10
locals/chapters each of which must be a The Labor Code and its implementing rules do
duly certified or recognized collective not require that the number of members
bargaining agent. appearing on the documents in question
2. lndustry Union - group of legitimate labor should completely dovetail. For as long as the
organizations within an identified industry, documents and signatures are shown to be
organized for collective bargaining or for genuine and regular and the constitution and
dealing with employers concerning terms by-laws democratically ratified, the union is
and conditions of employment within an deemed to have complied with registration
industry or for participating in the requirements. (The Heitage Hotel Manila
formulation of social and employment vs. Pinag-isang galing and lakas ng mga
policies, standards, and programs in such manggagawa sa Heritage Manila (Piglas-
industry registered with DOLE. Heritage), G.R. No. 177024, October 30,
3. Trade Union Center - group of registered 200e.)
national unions or federations organized
for the mutual aid and protection of its ART. 234-4: CHARTERING AND CREATION
members and for assisting such members OF A LOCAL CHAPTER {new provision
in collective bargaining or for participating inserted by R.A.94811
in the formulation of social and
employment policies, standards, and A duly registered federation or natiohal union
programs duly registered with the may directly create a local chapter BY
Department.. ISSUING A CHARTER CERTIFICATE
4. Alliance - aggregation of unions existing indicating the establishment of the local
in one line of industry or in a chapter. The chapter shall acquire legal
conglomerate, a group of franchisees, a personality ONLY for purposes of filing a
geogra.phical area, or an industrial center. petition for certification election from the date it
5. -
Company union. a labor organization was issued a charter certificate.
which, in whole or in part, is employer-
controlled or employer-domi nated. Note: The chapter shall be entitled to all other
rights and privileges of a legitimate labor
Requirements for the lssuance of the organization only upon fhe submission of the
Certificate of Registration of a National following documents in addition to its chafter
Federation, National Union or lndustry or certificate.
Trade Union Center or an lndependent 1. Names of the chapter's officers, their
Union (As Amended By RA- 9481, June 15, addresses, and the principal office of the
200n chapter;
1. P 50 registration fee; 2. Chapter's constitution and by-laws;
2. Names of its officers, their addresses, the 3. PROVIDED, that where the chapte/s
principal address of the labor organization, constitution and byJaws are the same as
the minutes of the organizational meetings that of the federati
and the list of the workers who participated this fact
in such meetings;
3. ln case the applicant is an independent
union, the names of all its members
comprising at least 2}o/o of all the
employees in the bargaining unit where it
seeks to operate (see Art. 255 for
definition of bargaining unit);
4. lf the applicant union has been in
existence for one or more years, copies of
its annual financial reports; and
5. 4 copies of the constitution and by-laws of
the applicant union, minutes of its adoption.
or ratifioation, and the list of the members
who participated in it.
tions
Note: Creation of a LOCAL CHAPTER does
not need subscription of at least 20o/o of the
members. Minimum number of members
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offices, but shall be processed by the the sole and exclusive collective bargaining
Bureau. agent of the employer they represent.
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immediately preceding the expiration of the
Application for Charter certificate
CBA.
registration is issued by federation
filed with and will or national union is
be acted upon bY filed with the Exception: DISAFFILIATION BY MAJORIry'
the DOLE Regional Office or Even before the onset of the freedom period'
Regional Off'ae BLR within 30 daYs disaffiliation may still be carried out, but such
where the after the issuance of disaffiliation must be effected by a majority of
applicant's the charter the union members in the bargaining unit.
principal's office certificate.
is located.
This happens when there is a substantial shift
in allegiance on the part of the majority of the
Affiliate members of the union. ln such a case,
1. An independently rbgistered union that however, the CBA continues to bind the
entered into an agreement of affiliation members of the new or disatfiliated and
with a federation or national union. independent union up to the CBA's expiration
2. Also refers to a chartered local which Oate. A consent election to determine the
applied for and was granted an union which shall administer the CBA maybe
independent registration but did not conducted.
disafflliate from its mother federation or
national union. Limitation
Disaffiliation should be in accordance with the
Affiliation of Local Union with a Federation rules and procedures stated in the constitt'fiion
The procedure of affiliation would depend on and by-laws of the federation.
whether the union is independently registered
or not. A prohibition to disaffiliate in the Federation's
constitution or by-laws is valid - intended for
Requirements of Affiliation (As Amended its own protection.
By D.o. n-B)
1. Report of affiliat-ion of independentlY Ghartered Local - created by a federation or
registered labor union; national union through issuance of a charter'
2. Attachments:
a. Resolution of the labor union's board Revocation gf Charter by the Federation -
of direc'tors approving the affiliation; by serving the local/chapter a vetified notice of
.b. Of the general membership meeting r&ocatioi, copy furnished the Bureau on the
approving the affiliatiori, ground of disloyalty or such other grounds as
c. The total number of members iray Oe specified in its constitution or by-laws'
comPrising the labor union and the
names of members who aPProved the The revocation shall divest the local chapter of
atfiliation; its legal personality upon receipt of the notice
d. The certificate of afflliation issued by by th-e Bure"u, unless in the meantime ,the
the federation in favor of the local chapter has acquired indeperdent
independently registered labor union; registration (Sec. 5- of the IRR of
and
e. Written notice to the emPloYer
concerned if the affiliating union is the
incumbent bargaining agent. f
. divest
Note: Supervisor's union and the rank and file
union operating within the same establishment locals
may join the same federation or national reg
union. (Art. 245 amended by R.A. 9481)
ln the
Disaffiliation allowed
When affiliated, a local union may disaffiliate failing
from the federation. status
(
When to Disaffiliate 6)
General Rule: A labor union may disaffiliate
from the mother union to forrn an independent Art.235:
union only during the 60-day freedom period The Bureau for
registration within from filing.
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All requisite documents and papers shall be Registration of lndependent Labor Union
under oath by the secretary or the treasurer of Filed With
the organization, as the case maybe, and
attested to by its president. Bureau of Labor
Relations or Regional
Reason for 30day period: The thirty-day Office
period in Aft 235 ensures that any action taken (But processed by
by the BLR is made in consonance with the Bureau)
mandate of the Labor Code, which specifically
requires that the basis for the issuance of a
certificate of registration should be compliance
with the requirements for recognition under
Att. 234. (Progressive Development Secretary of Labor
Corporatien-Pizza Hut vs Laguesma, G.R. No. (lf BLR director
115077, Apfl 18, 1997.) denies)
Decision
Decision of the Regional Office or the Bureau
denying the application for registration shall
be:
-R t-
Bureau of Labor Retations
(lf denied by Regional
1. ln writing; Director)
2. Stating in clear terms the reason for the
decision; and
3. Applicant union must be furnished a copy -_---
Decision of BLR
of said decision
appealable to COURT of
Appeal APPEALS
Decisions of the Regional Otfice shall be
appealable to the BLR and CA. The BLR's
decisions on cases appealed from Regional
Director are final and not appealable to the
Secretary of Labor.
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of Rules
valid as the labor organization can local chapter will not lose its personality
continue administering the CBA until the expiration of the CBA. After the
CBA expires the local union loses its
unless it reoisters anew
dues and not the federation from which the collected as there would no longer be
labor organization dbaffiliated. any labor union that is allowed to collect
such union dues from the employees.
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b. The collective bargaining agreement, Note: ln general, a union is free to select its
and labor laws. own members, and no person has an absolute
3. Rights Over gqoney Matters - the rights of right to membership in a union.
the members:
a. Against imposition of excessive fees; Who are entitled to vote:
b. Right against unauthorized collection Only members of the union have the eligitrility
of contributions or unauthorized to take part in the election of union officers.
disbursements; Eligibility to vote,may be determined through
c. To require adequate records of the use of the applicable payroll period and the
income and expenses; status of the employees during the applicable
d. To access financial records; This pertains to the payroll of the
perio.d.
e. To vote on officers' compensation, month next preceding the labor dispute, in
f. To vote op special assessment, case of regular employees, and the payroll
g. To be deducted a special assessment period at or near the peak of operation, in case
only with the membeis written of employees in seasonal industries. (Tancino
authorization. vs Pura Ferrer-Calleja, G.R. No. 78131, Jan.
4. Political right - the right to vote and be 20, 1988).
voted for, subject to lawful provisions on
qualifications and disqualifications. Limitations (See nofes on union security
arrange,nents under Art. 2/r8)
Note: Any violation of the above rights and 1. The labor organization cannot compel
of membership shall be a ground
conditions employees to become members of their
for cancellation of union registration or labor organization if they are already
expulsion of an officer from office, whichever is member of a RIVAL UNION.
appropriate. At least 30% of all ihe members 2. The persons mentioned in Art. 241[e]
of the union or any member or members (SUBVFRS/yES) of the Labor Code are
specifically c-oncerned may report such prohibited from becoming a member of a
violation to the Bureau. labor organization.
3. The members of RELIGIOUS
Union Membership ORGANIZATION whose religion forbids
Any employee, whether employed for a membership in labor organization could
definite period or not, shall, beginning on his not be compelled into union membership.
first day of service, be considered an
employee for purposes of unlon membership. Levy of Special Assessments or
(Afi.277) Extraordinary Fees (Art. 241 [Nil
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2. He is ; and
3. He the CBA.
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they can negotiate the terms and of government authority (Sec. 6, E'O'
(through collective conditions of 180\.
negotiation agreements employment. Thus, theY
or MOA) with the have unlimited Terms and Conditions of Employment in
govemment on those bargaining rights. Government Services
terms and conditions of General Rule: The terms and conditions of
employment which are
employment or improvements in government
not fixed by law. Thus,
they have limited services may be the subject of negotiations
hraroainino riohts- between duly recognized employees'
organizations and appropriate government
Can only form, join or Can form, join, or assist authorities(Sec. 73, E.O. 1ffi)
assist labor labor organization for
organization for purposes ofCBA etc. Exieption: Those terrns and conditions of
purposes not contrary employment that are fixed by law (/bld.).
to law
Negotiable Terms and Conditions of
Forming, Joining, or Assisting Employee's Employment in GOGCS with Original
Organization Charter
General Rule: ALL government employees 1. Schedule of vacation and other leaves;
can form, join or assist emPloYees' 2. Work assignment of pregnant women;
organizations of their own choosing for the 3. Personnel growth and devetopment,
furtherance and protection of their lnferesfs. 4. Communication system - latefat and
They can also form labor-management vertical;
committees, work councils and other forms of 5. Provision for protection and safety;
workers' participation schemes to achieve the 6. Provision for facilities for handicapped
same objectives (Sec. 1, E.O. 180). personnel;
7. Frovision for first-aid medical services for
I
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Voluntary Recognition
A duly registered employees' organization
shall be accorded voluntary recognition:
1. upon a showing that no other employees'
organization is registered or is seeking
registration, based on records of the
Bureau of Labor Relations; and
2. the said organization has the majority
support of the rank-and-file employees in
the organizationalunit (Sec. 11, E.O.180).
Certification Election
Vy'here there aretwo or more duly registered
employees' organizations in the appropriate
organizational unit, the BLR, upon petition,
shall:
1. Order the conduct of a certification
election; and
2. . Certify the winner as the exclusive
representative of the rank-and-file
employees in said organization unit (Sec.
12, E.O.1W).
M alter ego of
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' to be on the side of the employer to act as same company cannot affiliate with the
its representatives, and to see to it that its same federation if the following concur
interests are well protected. The employer a. The rank-and-file employees are
is not assured of such protection if these directly under the authoritY of
employees are union members. supervisory employees; and
b. The national federation is ac{ively
ln the same manner, the labor union might involved in union ac{ivities in the
not be assured of their loyalty to the union company.
in view of the evident conflict of interest.
The union can also become company- 3. Confidential Employees - A confidential
dominated with the presence of employee is one entrusted with confidence
managerial employees in union on delicate matters, or with the custody,
membership (Bulletin Publishing Co. lnc. handling, or care and protection of the
v. Hon. Sanchez, GR No. 74425, October employer's property.
7, 1986).
By the very nature of their functions, they
Note: . Art 245 does not absolutely (1) assist and act in a confidential
disqualify managerial employees from capacity, (2) to persons who formulate,
exercising their right of association. What determine, and effectuate management
it prohibits is merely the right to join labor policies in the field of labor relations.
organizations.
The TWO CRITERIA ARE CUMIJLATIVE,
2. Supervisory Employees - those who, in and both must be met if an employee is to
the interest of the employer, effectively be considered a confidential employee -
recommendiuch manageriil actions if the e.9., the confidential relationship must
exeroise of such authority is not merely exist between the emPloYee and his
routinary or clerical in nature but requires SUPERVISOR, and the supervisor must
the use of independent judgment. handle the prescribed responsibitities
relating to labor relations. As such, the
Supervisory Employees May Form, rationale behind the ineligibility of
Assist, Join A Labor Organization ma4agerial employees to form, assist or
On their own and NOT with the rank-and- join a labor union equally applies to them.
file employees (R.A. 6715 as amended by (PIDI v. NLRC, GR No. 88957, June 25,
R.4. e481)) 1992) Under the doctrine of necessary
implication, confidential employees are
lf their responsibilities do not inherently similarly disqualified. (NATU-Republic
require the exercise of discretion and Planters Bank v, Torres, GR No. 93468,
independent judgment, (or merely December 29, 1994).
routinarylclerical in nature) then they may
join the union composed of the rank-and- Note: The phrase 'lN THE FIELD OF
file employees. LABOR RELATIONS" is imPortant. lt
stresses labor nexus, i.e. confidentiality of
Note: lt is the nature of the employee's to labor
functions and not the nomenclature or title
given to his job which determines whether
he has a rank and file or managerial status regard6@ &hffi3&ployer
(Engineering Equipment, lnc. v. NLRC,
GR No. L-59221, December 26, 19U).
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LABOR LAW
LABOR RELATIONS
othetwise deal .with each other in an
he maY be a suPervisory or even a of freedom and mutual
rank-and-file emPloYee. atmosphere
respect;
DisruPt industial Peace', and
ART. 245-A: EFFECT oF lNcLUSloN AS 5.
b Hinder the promotion of healthy and stable
MEMBERS OF EMPLOYEES OUTSIDE THE
labor-management relations and mutual
BARGAINING UNIT (new provision inserGd
by R.A.9181)
respect (unitaote labor-management
relations).
The inclusion as union members of employees
Elements of Unfair Labor Practice
outside the bargaining unit shall NOT be a
ground for the cancellation of the registration 1. Employer-employee relationship between
the'offender and the offended, and
if the union. Said employees are automatically 2. Act done ls expressly defined in the code
deemed removed from the list of membership
as an act of unfair labor Practice'
of said union.
Reason: After a certiflcate of registration is Note: Prohibited acts are all related to the
;;;k;*' self-organizational right
issued to a union, its legal personality cannot "nq.1!:
be subject to a collateral attack lt may be oU""i""n." ot i CSn, except Arf' 248ltl'
dismissing or prejudicing an employee ror
questioned only via a petition for cancellation,
giving tesiimonY under the Code'
under the grounds provided for in Art' 239'
: 1-"t elemeni of ULP does not apply to
yellowdog condition
ART. 246: NON.ABRIDGEMENT OF THE
RIGHT TO SELF.ORGANIZATION o ULP has a technical meaning'
r .' lt is a practice unfair to labor, althoughorthea
It Shall Be Unlawful For Any Person to: ofenObr may either be an employer
(RCDI) labor organization.
1. $estrain; . lt referJto acts opposed to workers' right
2. Qoerce; io organize (Anti-unionism acfs) Without
3. piscriminate against; or this, ihe act, no matter how unfair' is not
4. Unduly lnterfere with employees and ULP.
workers in their exercise of the right to a It commonly connotes ant i-u nioni sm'
self-organization. a It also refers to gross violation of CBA
[toui"ion". Gross means the act
is
Note: AnY act intended to weaken or malicious and flagrant.
defeat the right is regarded by law as an ULP are not, in view of the public
offense, wnlcn is technically called """""
interest involved, subject to compromse'
"UNFAIR LABOR PRACTICE'. iiee CtLc E.G. Gochuangco Worker's
'iiion r". NLRC, G.R No. 67158, 30 MaY
TITLE SIX. UNFAIR LABOR PRACTICES teAO; nfp Mutual Benefit Association' lnc'
,i- nrp-MaAt-EU, 97 scRA 715, 7s2
CHAPTER I. CONCEPT
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one year from the . one year from the Totality of Conduct Doctrine
accrual of the ULP act accrual ofthe ULP act The culpability of employe/s remarks is to
(Art.290) (Art. 290), however, it be evaluated not only on the basis of their
will be suspended implications, but against the background of
once the and in conjunction with collateral
administrative case circumstances. (l b id.)
has been filed and
would only continue Examples:
running once the
a. Outright and unconcealed intimidation
administrative case
has attained finality. b. ln order that interrogation would not
. Final judgment in the be deemed coercive:
administrative i. The employer must communicate
proceeding finding to the emploYee the PurPose of
that ULP has been questioning
committed is a ii. Assure him that no reprisal would
prerequisite in filing a
criminal case for ULP. iii.
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directed to encourage or discourage union c. Delaying negotiations by discussing
membership. unrelated matters;
d. Refusal to accept requeststo bargain;
Three Components of Discrimination: e. Rejecting a union's offer to prove its
a. lt prohibits discrimination in terms and majority claim;
conditions of employment in order to f. Shutdown to avoid bargaining; and
encourage or discourage membership S. Engaging in surface bargaining.
in the union;
b. lt gives validity to union security Surface Bargaining- going through
agreements; and the motions of negotiating without any
c. lt allows an agency shop arrangement Iegal intent to reach an agreement. lt
whereby agency fees may be involves the question of whether or not
collected from non-union members. the employer's conduct demonstrates
an unwillingness to bargain in good
Discrimination Distinguished from faith or is merely hard bargaining
Classification (Standard Chartered Bank v. Hon.
While discrimination is considered an unfair Confesor, GR No. 114974, June 16,
labor practice, classification is not because it 20A4 June 2004).
merely differentiates the employees in
accordance with their respective jobs and 8. Paid Negotiatjon
accords them the appropriate levels of pay or To pay negotiation or attorney's fees to the
benefits due them by reason thereof. union or its otficers or agents as part of the
settlement of any issue in collective
6. Discrimination because of Testimony bargaining or any other disputes.
To dismlss, discharge or othenuise
prejudice or discriminate against an 9. Violation of CBA
employee for having given or being about The violation must be gross; flagrant
to give testimony under this Code (Ihe and/or malicious refusal to comply with the
only ULP ad whieh is not anti-unionism). economic provision of the CBA (Att. 261).
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LABOR LAW
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discharge, and the employee quits as a result union in good standing as a condition for
of the prohibition. continued employment.
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and whose benefits are lar below those that Ju risdictional Preconditions (D-PPE)
are proMded bY law. 1, !mployer-employee relationship
2. lossession of the status of majority
Blue-Sky Bargaining - is defined as making Gpresentation bY the employees'
exaggerated or unreasonable proposals. representative in accordance with any of
Whether or not the union is engaged in blue- the means of selection or designation
sky bargaining is determined by the evidence provided for bY the Labor Code;
presented by the union as to its economic 3. itr:oof of majority representation
demands. Thus, if the union requires (Certification of the BLR that the
exaggerated or unreasonable economic representative of the employees is the
demands, it is guilty of ULP (Standard sole and exclusive bargaining age1t
Chartered Bank v. Hon. Confesor, GR No. having won in a bertification election); and
114974, June 16 2ffi4) 4. Demand to bargain under Article 250[a] ot
the Labor Code (Kiok Loy v. NLRC, No. L-
TITLE SEVEN. COLLECTIVE BARGAINING 54334, January 22, 1986)'
AND ADMINISTRATION OF AGREEMENTS
Note: Where a majority representative has
ART. 250: PROCEDURE lN COLLECTIVE been designated, it is an ULP for the
BARGAINING employer, as refusala collective of
bargaining, to deal and negotiate with the
Collective Bargaining - obligation to meet minority representative to the exclusion of
and convene promptly and expeditiously in the majoritY rePresentative.
good faith for the purpose of negotiating an
agreement with respect to wages, hours of Collective Bargaining Agreement (CBA) - a
work and all other terms and conditions of contract executed upon request of either the
employment including proposals for adjusting employer or the exclusive bargaining
any grievances or questions arising under repiesentative of the employees, incorporating
such agreement and executing a contract the agreement, reached after negotiations with
incorporating such agreements if requested by respect to:
either party but such duty does not compel any 1. Wages;
party to agree to a proposal or to make any 2. Hours of worK and
concession. (Art.252) 3. All other terms and conditions of
employment in a bargaining unit, including
General Rule: No court or administrative proposals for adjusting any grievance or
agency or official shall have the power to set question under such agreement. (Davaa
or fix wages, rates of pay, hours of work or Integrated Port Stevedoring Services v'
other terms and conditions of employment Abarquez, GR no. 102132, March 19,
except as otherwise provided under the Labor 1993) (i.e. mandatory provisions for
Code. grievances and arbitraflon machineries)
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5. lf not resolved, the parties may go to to other matters, he is free to bargain or not to
where they want and gesort to any other bargain.
laMul means (either to settle the dispute
or submit it to a voluntary arbitrator). ART. 252: MEANING OF DUry TO
BARGAIN COLLECTIVELY
Note: During the conciliation proceeding in
the Board, the parties are prohibited from Where NO CBA Exists
doing any act which may disrupt or impede The performance of a mutual obtigation:
the early settlement of the disputes (Art. 1. To MEET AND CONVENE promptly and
250[d] LC\. expeditiously in good faith for the purpose
of negotiating an agreement with respect
Kinds of Bargaining to wages, hours of work and all other
1. Single Enterprise bargaining - involves terms and conditions of employment
negotiation between one certified labor including proposals for adjusting any
union and one employer" grievances or questions arising under
2. Multi-employer bargaining involves such agreement, and
negotiation between and among several 2. To EXECUTE A CONTRACT
labor unions and employers. incorporating such agreements if
requested by either party.
Stages in the Negotiation for a Collective
Bargai ning Agreement (PreNEP-RRAI) Limitations
1. Preliminary Process - written notice for 1. The duty to bargain collectively does not
negotiation which must be clear and compel any party to:
unequivocal. a" Agree to a proposal;
2. Negotiatidn Process. b. Make a concession; or
3. !.xecution Process - signing of the c. Make room for "take it or leave it"
agreement. posture.
4. lublication for at least 5 days before 2. The parties cannot stipulate terms and
ratification. conditions of employment which are below
5. latification by the majority of all the the minimum requirements prescribed by
workers in the bargaining unit represented law.
in the negotiation (not necessary in case
of arbitral award) Where CBA Exists (See lVofes under Art.
6. Registration Process. 28)
a. requisites for registration: Note: Collective bargaining does not end with
b. mandatory provisions; the execution of the agreement. lt is a
c. payment ofP 1,000; continuous process. The duty to bargain
d. 5 copies of CBA; and imposes on the parties during the term of their
e. proof of ratification. agreement the mutual obligation to meet and
7. Administration Process - the CBA shall be confer promptly and expeditiously and in good
jointly administered by the management faith for the purpose of adjusting any
and the bargaining agent for a period of 5 grievances or question arising under such
years. agreement v. ClR,
8. lnterpretation and Application Process. L
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What may be done during the 60day Consolidated, lnc. v. Employees' and Worl<ers
freedom period Union-PAFLU, No. L-24711, April3O, 1968).
1. A labor union MAY DISAFFILIATE FROM
THE MOTHER UNION to form a local or Limitation as to its Application
independent union only during the 60-day It cannot be invoked to support the contentlon
freedom period immediately preceding the that a newly certified collective bargaining
expiration of the CBA. (Take note of the agent automatically assumes all the personal
limitation - see discussions on registration undertakings of the former agent - like the "no
of labor unions.) strike clause" in the CBA executed by the
2. Either party can serye a written notice to laller (lbid).
TERMINATE OR MODIFY THE
AGREEMENT at least 60 days prior to its CBA Proposed by Union may be imposed
expiration period. (on re-negotiable,/non- LOCK, STOCK AND BARREL on emPloYer
representational as-pecf of the CBA who refused to negotiate a CBA: Under this
see discusstbn on Art. 253.) - situation, the employer which violates the duty
3. A PETITION FOR CERTIFICATION to bargain collectively' loses its statutory right
ELECTION may be filed. to negotiate or renegotiate the terms and
conditions of the draft CBA proposed by the
Absorption doctrine- Otherwise known as union. Hence, the proposals of the union may
Accretion Doetrine; applies when there is be adopted as the CBA and, consequently,
absorption and integration by one entity of one imposed on the employer, lock, stock and
or more establishments having the same kind barrel.
and line of business having their respective
col ective barga r.r ing agreements with different
I i ART. 253-A: TERMS OF A COLLECTIVE
labor unions existing therein. Example is when BARGATNTNG AGREEMENT (CONTRACT
one company is sold to another; in which case, BAR RULE}
the duty to bargain which originally devolves
upon the selling pafty is transferred to the Duration of fte CBA
buying entity. r With respect to the representation aspect,
the same lasts for 5 YEARS.
Successor-lnlnterst Doctrine - When an o With respect to other provisions (economic
employer with an existing CBA is succeeded and non-economic), the same may last for
by another employer, the successor-in-interest a maximum period of 3 YEARS after the
who is a buyer in good faith has no liability to execution of the CBA.
the employees in continuing employment and
the collective bargaining agreemenf because Note: While the parties may agree to extend
these contracts are in personam. the CBA's original five-year term despite an
agreement for a CBA with a life of more than
Except: five years, the bargaining union's exclusive
1, When the successor-in-interest expressly bargaining status is effective only for five years
assumes the obligation; and can be challenged within sixty (60) days
2. The sale is a device to circumvent the prior to the expiration of the CBA's first five
obligation; or years. (F
3. The sale or transfer is made in bad faith.
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August 17, 1967). (See nofes under Afts. 263 3. Achieve increased productivity (R.A.
and 264). 6971).
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employer. t
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Distinctions
Certification Election ln an
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1. \Men there is a CBA, the labor oroanization can g subject however to the ONE-E
flle a petition for certification election within the 60
day freedom period (CONIMCT-BAR RUL$
2. When there is no CBA, then the labor
organization can file a petition for certification
election at any time, subject to the DEADLOCK
BAR RULE.
Requisites before a Labor Union can be shall not be considered a party thereto with a
Declared a Winner (Double Majority RuleJ concomitant right to oppose a petition for
1. Majority of the eligible voters cast their ceftificati on election.
. votes;AND
2. Majority of the valid votes cast is for such The employer's participation in such
union. proceedings shall be limited to:
1. Being notified or informed of petitions of
How to Determine the Double Majority Rule such nature; and
1. ln determining the eligible votes cast (Frrsf 2. Submitting the list of employees during the
M ajority), include spoiled ballots. pre-election conference should the Med-
2. ln determining valid votes (Second Arbiter act favorably on the petition.
Majority), eliminate spoiled ballots but
include challenged votes. Rules Which Prevent the Holding of a
Certification Election
Run-Off Election
A run-off electlon is proper if the following Contract - Bar Rule
conditions exist, namely: While a valid and registered CBA of a fixed
1. Valid Election took place because majority duration is subsisting, the BLR is not allowed
of the Collective Bargaining Unit members to hold an election contesting the majority
voted fFirst Majorityl ; status of the incumbent union during the five
2. The said election presented at least fhree year term of the CBA except during the 60-day
choices (e.9., Union Ane, Union Two, and period immediately prior to the expiration of
No Union); the CBA.
Note: "No Union' shall not be a choice in Requirements in order to invoke Contract-
the run-off election. Bar Rule:
1. Agreement is in writing and signed by all
3. Not one of the choices obtained the contracting parties;
majority (50%+1-second majority) of the 2. lt must contain the ferms and conditions of
valid votes cast; employment;
4. The tofal votes for the unions is af /easf 3. Covered employees in an appropriate
50% ol the votes cast; bargaining unit;
5. There is no unresolved challenged votes 4. It is for a reasonable period or duration;
or election protest which if sustained can 5. It must be ratif,ed',
materially alter the results; and o_ It must and
6. The two choices which garnered the Rule or
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.
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agreement can be registered in the absence of binding on the larger corporation, where
such procedure. relevant similarity and continuity of operations
across the change in ownership is evidenced
It is a part of the continuous process of by the wholesale transfer of smaller
to promote a
collective bargaining intended corporation's employees to the larger
friendly dialogue between labor and corporation's plant.
management as a means of maintaining
industrial peace. ART. 261: JURISDICTION OF VOLUNTARY
ARBITRATORS OR PANEL OF
Note: Waiver of grievance machinery VOLUNTARY ARBITRATORS'
procedure does not amount to a
relinquishment of employee's right to avail of Arbitrable Disputes
voluntary arbitration (Apalisok v. RPN, May 29, 1. Contract-negotiation disputes - disputes as
200s). to terms of CBA.
2. Contract-interpretation disputes - disputes
Voluntary Arbitration contractual arising under an existing CBA, involving
proceedings where parties to a dispute select such matters as the interpretation and
a judge of their own choice and by consent application of the contract, or alleged
submit their controversy to him for violation of its provisions.
determination.
Ju risdiction of Voluntary Arbitrators
Note: All grievances not settled within 7 days
from the date of its submission to the Exclusive Original Jurisdictiop Conferred
grievance machinery shall automatically be by Law
referred to voluntary arbitration prescribed in 1. All grievances arising from the
the CBA. interpretation or implementation of the
CBA;
Although the provision mentions "parties to a 2. Those arising from the interpretation or
collective bargaining agreement,' it does not enforcement of company Personnel
mean that a grievance machinery cannot be policies;
set up in a CBA-less enterprise. ln any work 3. Hear and decide wage distortion issues
place where grievance can arise, a grievance arising from the application of any wage
machinery (regardless of name) can be orders in organized establishments, and
established. 4. Unresolved grievances arising from the
interpretation and implementation of the
ln a unionized company, Att. 255 allows an productivity incentive programs under R.A'
employee whether union member or not, to 6071.
raise a grievance directly to the employer.
Note: lt is the Labor Arbiter and not the
Arbitration may be initiated by: grievance machinery which has jurisdiction
1. Submission Agreement - where the parties over dismissals pursuant to the union security
define the disputes to be resolved; or clause.
2. Demand or Notice invoking a collective
agreement arbitration clause.
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.LABOR LAW
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Certiorari Applicable
A disinterested Regular courts. A voluntary arbitrator is a "quasi-judicial"
accredited by party, usually a
instrumentality (Sec. I. B.P. 129, as amended
the Board as government
by R.A. 7902). lts decisions are therefore
such or a employee who
appealable to CA under Rule 43 of the Rules
person named helps in settling
or designated in disputes of Court. Hence, a petition for certiorari under
the CBA by the involving terms Rule 65 of the Rules of Court will lie ONLY
parties to act as and conditions where a grave abuse of discretion or an act
their Voluntary of a CBA and is without or in excess of jurisdiction of the
Arbitrator or one NOT selected voluntary arbitrator is shown, which may be
chosen with or by the parties, filed with the Court of Appeals.
without the but is usually
assistarce of assigned and TITLE EIGHT. STRIKES AND LOCKOUTS
the NCMB, paid by the AND FOREIGN INVOLVEMENT IN TRADE
pursuant to a State.
selection UNION ACTIVITIES
procedure
agreed upon in CHAPTER I. STRIKES AND LOCKOUTS
the CBA, or any
official
authorized by
ART. 263: STRIKES, PICKETING AND
LOCKOUTS
the Sec. of
Labor to act as
Voluntary
Concertbd Activity - one undertaken by two
Arbitrator upon or more employees or by one on behalf of the
written request others.
and agreement
of parties to a Strike - any temporary stoppage of work by
labor dispute. the concerted action of employees as a resulf
lnformal A mediator Formal
of an industial or labor dispute.
proceedings; renders no final proceedings,
Arbitrator and binding Rules of Court Labor dispute - includes any controversy or
determines decision and and the Rules maitter concerning terms or conditions of
what merely on Evidence employment or the association or
admissible suggesb apply. representation of persons in negotiations,
evidence. solutions. He fixing, maintaining, changing or arranging the
usually
suggests that
terms and conditions of employment,
parties submit regardless of whether or hot the disputants
the issue to an stand in the proximate relation of employers
arbitrator. and employees (Gold City lntegrated Poft
Seruice, lnc. v. NLRC,245 SCRA 627).
Arbitators are Judges are
not obliged to required to
follow observe stare
precedents set declsrs.
by other $3$oitions
arbitrations in I iF t t^;r'i
similar cases.
Appeal b to the Appeal is to a
CA under Rule higher court
43 of the Rules under the Rules
of Court. of Court and
8.P.129.
JudicialReview
Grounds: {JADES)
1. Lack of iurisdidion;
2. Grave qbuse of discretion;
3. Violation of due process;
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Law may prohibit strike but not the right to Moreover, the right to peaceful picketing
self-organization. A law may be passed should be exercised by the workers with
prohibiting selected sectors of labor from due respect for the rights of others. Hence,
resorting to strikes. However, a lanr cannot be commission by any picketing employee of
passed prohibiting selected sectors of labor any act of violence, coercion or
from organizing unions. intimidation is prohibited. Similarly,
stationary picket and the use of means like
Lockout - means the temporary refusal of an placing of objects to constitute permanent
employer to furnish work as a result of an blockade or to effectively close points of
industrial or labor dispute. entry or exit in company premises are
likewise not allowed bY law.
Note: Strike and lockout are similar in the
sense that they connote temporary stoppage Strike-Breaker - any person who obstructs,
of work. The difference is that sfrike is done by impedes or interferes by force, violence,
employees or labor unian while lockout is dane coercion, threats or intimidation with any
by the employer. peaceful picketing by employees during any
labor controversy affecting wages, hour' or
Boycott - an attempt, by arousing a fear of conditions of work or in the exercise of the
loss, to coerce others, against their will to right to self-organization or collective
withhold from one denominated "unfriendly to bargaining.
labof their beneficial business intercourse.
Strike Area - the establishment, warehouse,
Stowdown - a method by which one's depols, plants or offices, including the sites or
employees, without seeking a complete premises used as runaway shops of the
stoppage of Wor( retard production and employer struck against, as well as the
distribution in an effort to compel compliance immediate vicinity actually used by picketing
bythe employer with the labor demands made strikers in moving to and fro before all points of
upon him. entrance to and exit from said establishment. lt
also includes the area immediately before the
Picketing - act of marching to and fro the points of entrance and exit of establishment
employer's premises, usually accompanied by struck against. However, the ingress to and
the display of placards and other signs making egress from the establishment struck against
known the facts involved in a labor dispute. are not part of the strike are, and may not be
This is an exercise of one's freedom of blocked nor picketed.
speech.
Types of Strikes
. Article 264(e) of the Labor Code prohibits 1. Economic strikes - used to secure the
any person engaged in picketing from economic demands such as higher wages
obstructing the free ingress to and egress and better working conditions for the
from the employer's premises (Jackbilt workers.
lndustries, Inc. Vs. Jackbilt Employees 2. ULP strike - protest against ULP of
Workers Union-Naflu-KMU, G.R. No- management.
1 71 61 8-1 I, March 1 3, 2ffi9.)
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5. Secondary Strikes
of
- are work stoppages
workers of one company to exert 30 days from the filing of 15 days from the filing of
pressure on their employer so that the the notice of strike the notice of strike
latter will in turn bring pressure upon the before the intended date subject to the 7-day
employer of another company with whom of actual strike subject to strike ban.
the 7-day strike ban.
another union has a labor dispute.
ng
ke or
out is
Char
1. There Er-Ee
and the
person/s strike is called;
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2. The exisfence of a dispute between the Purposes: (a) to inform the NCMB of the
parties and the utilization by labor of the jntent of the union to conduct a strike vote;
weapon of concerted refusal to work as a (b) give the NCMB ample time to decide on
means of persuading or coercing whether or not there is a need to supervise
compliance with the working men's the conduct of the strike vote to prevent any
demands; acts of violence or irregularities attendant
3. The contention advanced by the workers thereto; and (c) should the NCMB decide,
that although the work ceases, the motu proprio or upon the request of any
employment relation is deemed to interested party including the employer, to
cantinue albeit i1 a state of belligerent supervise the strike vote, to give it ample
suspension; time to prepare for the deployment of the
4. There is work stoppage, which stoppage is req uisite personnel, includi ng peace officers.
temporary;
5. The work stoppage is done through the 4. A strike vote must be taken where a
concerted action of the employees, and majority vote of the members of the union
6. fhe striking group is a legitimate labor must approve ii, obtained by secret ballot
organization,' and in case of bargaining in a meeting duly called for the purpose; or
deadlock, is the employees' sole a lockout vote must be taken where a
bargaining representative. majority vote of the members of the Board
of Direc'tors of a corporation or association
Non-Stri keable lssues (NILAW) or partners in a partnership, must approve
(Article 263 (b); Dept. Order no.
9, Rute 12, it, obtained by secret ballot in a'meeting
Sec.2) duly called for the purpose;
1. Violations of CBA which are lrot gross in 5. A strike or lockout vote geport should be
character shall be resolved via the submitted to ihe NCM-DOLE at least
Grievance Machinery; seven days before the intended date of
2. lnter-union or [ntra-union disputes; strike or lockout;
3. tabor standards cases such as wage
orders (Guidelines governing Labor Purpose: The evident intention of the law
Relations [19 Oct. 1987] issued by Sec. in requiring the strike or lockout vote report
Drilon; see also Article 261, LC); as mandatory requirements is to
4. Those issues which had already been reasonably regulate the right to strike or
brought to voluntary or compulsory lockout, which is essential to the
grbitration. attainment of legitimate policy objectives
5. lssues involving wage distortion caused by embodied in the law.
legislated wage orders.
6. Except in cases of union busting, the
Procedural Requisites (GF-SARC-7) cooling off period prescribed by law should
1. lt must be based on valid and factual be fully observed
ground; a strike or lockout must be based 7. The f-day waiting period or strike ban
on either afier submission of strike or lockout vote to
a. Collective Bargaining Deadlock the NCMB-DOLE should be fully observed
(economic)
b. Unfair Labor Practice (political)
2. A notice of strike or lockout must be filed :;"t. I '-l fl1;-:.p\
with NCMB-DOLE;
a. At least 30 days from the intended
date thereof, if the issues involved
arose from a collective bargaining
deadlock.
b. At least 15 days from the intended
date, if the issues raised are in the
nature of unfair labor practices.
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c. Strike Vote - a requirement wherein Good Faith Strike Doctrine - a strike may be
the decision to declare a strike must considered legal where the union believed that
be: the company committed ULP and the
i. Approved by a MAJORITY of the circumstances warranted such belief in good
, TOTAL UNION MEMBERSHIP iN faith, although subsequently such allegations
the bargaining unit concerned (not of ULP are found out as not true (Bacus v.
of the whole bargaining unit); and
ii. Obtained by SECRET BALLOT in
MEETINGS OR REFERENDA
called for the purpose. lar#ffi$xr###&cur
Purpose: to ensure that the intended
strike is a majority decision.
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5. Declared in violation of an existing When can the Secretary of Labor Assume
injundion; Jurisdiction over a Strike
As a general rule, injunction cannot be When there exists a labor dispute causing or
issued against the conduct of picketing Iikely to cause a strike or lockout in an industry
except: indispensable to the natibnal interest. The
a. Where picketing is carried out through power of assumption of jurisdiction or
illegalmeans, certification by the Secretary of Labor is in the
b. Where picketing involves the use of nature of a police power measure.
violence and other illegal acts
c. Where injunc{ion becomes necessary The Secretary of Labor may either:
to protect the rights of third parties. 1. Assume jurisdiction and decide it, or
Likewise injunction cannot be issued 2. Certify the same to the NLRC for
compu lsory arbitration.
Note: Strikes or lockouts cannot be
enjoined except when illegal acts are ' Note: A labor dispute may be-assumed by the
committed or if the strike or lockout Secretary or certified to the NLRC even before
appears to be illegal in nature. the actual staging of a strike or a lockout since
Article 263 of the Labor Code does not require
6. Strike in violation of assumption or the existence of the strike but only of a labor
certification order. dispute involving national interest.
7. Contrary to an existing agreement, such
as a no strike clause or conclusive Note: What constitutes'INDISPENSABLE
arbitration clause. INDUSTRY' is based upon the discretion of
the Secretary of Labor. However, the
Note: The rigtlt to strike is not absolute. lt President of the Philippines shall not be
has heretofore been held that a no-strike, precluded from determining industries which in
no-lockout provision in the CBA is a valid his opinion are indispensable to the national
stipulation although the clause may be interest.
invoked by an employer only when the
' strike is economic in nature or one which Effects of the Assumption of Jurisdiction
is conducted to force wage or other of the Secretary
concessions from the employer that are 1. AUTOMATICALLY ENJOINS the inteNded
not mandated to be granted by the law or impending strike or lockout as specified
itself (but not ULP cases). in the assumption or certification order;
2. lf one has already taken place at the time
8. Strike staged by a minority union. of assumption or certification, all striking or
9. Strike staged by a union which is not locked-out employees shall
legitimate IMMEDIATELY RETURN TO WORK; ANd
10. Premature Strike-A strike is illegal if 3. The employer shall immediately resume
staged without giving the employer operations and RE-ADMIT ALL
reasonable time to consider and act on the WORKERS under the same terms and
demands made by the union (Almeda vs. conditions prevailing before the strike or
ctR, 96 Phit 306) lockout. *,*i*srffir;**s*u*.
Conversion Doctrine - lnvolves conversion of
strike from economic to ULP, and vice versa. the eff$b& pF ffi*ffirynption
A strike or lockout may start as an economic
strike or lockout but later on, because of the
actuation of the parties, the same may be
converted to an unfair labor practice (ULP)
strike or loekout, or vice versa. Under this
situation, the conversion doctrine shall apply in
which case the requirements for the converted
strikellockout (to economic from ULP, or vice
versa, as the case maybe) shall be observed.
(See Consolldated Labor Assaciation of the for
Phils. Vs. Marsman and Co., 11 SCRA SA9, in the
5e3) ica's
58, June
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3. Secretary of Labor may subsume pending Reason: Because while out on strike, the
labor cases before Labor Arbiters which strikers are not considered to have abandoned
are involved in the dispute and decide their employment, but rather have only ceased
even issues falling under the exclusive from their labor.
and original jtirisdiction of Labor Arbiters
such as the declaration of legality or The declaration of a strike is not a renunciation
illegality of strike {lnt'l Pharmaceuticals v. of em pl oym ent rel ati on.
Sec. of Labor, GR No. 92981-8, 3January
9, 19e2). Exceptions.'
4. Power of Secretary of Labor is plenary and The following strikers are-NOT entitled to
discretionary (Sf. Luke's Medical Center v. reinstatement:
Tones, GR No. 99395, June 29, 1993). 1. Union officerswho knowingly participate in
an illegalstrike; and
EntiUement to Strike Duration Pay 2. Any striker/union member who knowingly
{ participates in the commission of illegal
General Rule: Strikers are not entitled to their acts during the strike.
wages during the period of a strike, EVEN lF
THE STRIKE IS LEGAL. Note: Those union members who joined an
illegalstrike but have not committed any illegal
Reason: No work, no pay, or a fair day's wage act shall be reinstated but without any
for a fair day's labor backwages.
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determining whether or not the reduced offer
of the union is acceptable to the board of
directors, trusteeS or partners. When at least a
majority of the board of directors or trustees or TITLE ONE. TERMINATION OF
the partners holding the controlling interest in EMPLOYMENT
the partnership, vote to accept the reduced
offer, the workers shall immediately return to ART.279: SECURIry OF TENURE
work and the employer shall thereupon
readmitthem upon signing of the agreement. 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. lt extends to regular (permanent) as well
as non-regular (temporary) employment
1. To determine 'l . To determine whether (Kiamco v. NLRC, GR No. 129449, June 29,
whether or not the or not the lmproved r99e)
improved offer of the of fte UNION is
EMPLOYER is acceptable to board, Note: Security of tenure clause is not confined
acceptable to the union and parhers.
members. 2. To ascertain the real to cases of termination of employer-employee
2. To ascertain the real of the silent relationship alone. lt is also intended to shield
sentiment of the silent majority of the union workers from unwarranted and unconsented
majority of the union members on sfike. DEMOTION and TRANSFER.
members on strike.
Reliefs Available to an lllegally Dismissed
Employee
On or before the 30h On or before the 30rn day
day ofthe strike. of the lockout.
1. Reinstatement, and/or
2. Payment of baclorvages.
the
the
ts
for
actual need of
refund ( 142732-
33,
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May A Court Order fhe Rernsfatement of a 2. That it would be inimical to the employer's
Dismissed Employee Even lf the Prayer of the interest;
Complaint did Not Include such Reilef? J, Reinstatement may no longer be feasible;
YES. So long as there is a finding that the 4. It will not serve the best interest of the
employee was illegally dismissed, the court parties involved,
can order the reinstatement of an employee
t Company will be Prejudiced bY the
even if the complaint does not include a prayer reinstatement;
for reinstatement, unless, of
course, the o It will not serve a prudent purpose; and
employee has waived his
right to 7 That there is a resultant strained relations
reinstatement. By law, an employee who is
unjustly dismissed is entitled to reinstatement, Note: Under present laws and jurisprudence,
among others. The mere fact that the separation pay may be viewed in four ways:
complaint did not pray for reinstatement will 1. ln lieu of reinstatement in illegal dismissal
not prejudice the employee, because cases, where the employee is ordered
technicalities of law and procedure are reinstated butreinstatement isnot
frowned upon in.labor proceedings (Pheschem feasible,
tndustrial Corp. v. Moldez, GR rVo, 1161158, 2. As employer's statutory obligation in cases
May 9, 2005) of legal termination due to authorized
causes under Arf. 283 and 2M;
lMat happens if is an order of
there 3. As financial assistance, as an act of social
Reinstatement but the position is no longer justice and even in case of legal dismissal
available? under Art.282
4. As employment benefit granted in CBA or
The employee. should be given a company PolicY (Poqu iz, 2006)'
SUBSTANTIALLY EQUIVALENT POSITION.
lf NO substantially equivalent position is Backwages - the relief given to an employee
available, reinstatement should not be ordered to compdnsate him for lost earnings during the
because that would in effect compel the period of his dismissal. lt presupposes illegal
employer to do the 1mpossible. ln such a termination.
situation, the employee should merely be
given SEPARATION PAY consisting of one Note: Entitlement to backwages of the illegally
month salary for every year of service (1'.1|. dismissed employee flows from law. Even if he
(Grolier tnt'l tnc. v. ELA, GR No. 83523, does not ask for it, it may be given' The failure
August 31, 1989) to claim backwages in the complaint for illegal
dismissal is a mere procedural lapse which
Doctrine of Strained Relations cannot defeat a right granted under
When the employer can no longer trust the substantive law. (Sf. Michael's lnstitute v'
4' 2001)
employee and vice-versa, or there were Santos, GR No. 145280, December
imputations of
bad faith to
each other,
reinstatement could not effectively serve as a How Computed
remedy. This doctrine applies only to posrtrons Under existing law, backrrvages is computed
which require trust and confidence. (Globe from the time of the iltegat dismissal up to time
of actual rei' is no
Mackay v. NLRC, GR No. 82511, March 3,
1e92).
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LABOR LAW
LABOR RELATIONS
2. Vacation or service incentive leave and Which Takes Precedence in Conflids Arising
sick leave; and Between Employer" s Management Prerogative
3. 1f, month pay. and the Employees' Right to Secuity of
tenure?
l,lofis Facilities such as uniforms, shoes, The employee's right to secuity of tenure.
helmeF and ponchos should NOT be included Thus, an employer's management prerogative
in the computation of backwages. includes the right to terminate the seMces of
the employee but this management
Reason: said items are given free, to be used prerogative is limited by the Labor Code which
only during official tour of duty not for private provides that the employer can terminate an
or personal use. employee ONLY FOR A JUST CAUSE OR
WHEN AUTHORIZED BY LAW. This limitation
Note: The award of backwages is computed is because no less than the Constitution
on the basis of a 30day month (JAM lrans recognizes and guarantees employee's right to
Co. v. Flores, GR No. L-68555, March 19, security of tenure (Art. 279, Labar Code; Art.
1993). XIll, Sec. 3, Constitution).
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Exception: if the projects they are working on A flxed-period employee does not becorne
have not yet been completed when their a regular employee because hb
services are terminated; project employees employment is co-terminus with a specific
also enjoy security of tenure during the limited period of time.
time of their employment. (De Ocampo v.
NLRC, GR No. 9A77, June 6, 1990) Reason for validity of fixed-period
employment Freedom of parties to
4. SeasonalEmployment contract so long as the stipulations thereof
Employment arrangement where an are not contrary to law, morals, good
employee is engaged to work during a cudoms, public order and public policy.
particular season on an activity that is
usually necessary or desirable in the usual Note: lt does not necessarily follow that
business or trade of the employer. where the duties of the employee consist
of activities usually necessary or desirable
During off-season, the relationship of in the usual business of the employer, the
employer and employee is not severed; parties are forbidden from agreeing on a
the seasonal employee is merely period of time for the performance of such
considered on leave of absence without activities. There is nothing contradictory
pay. between a definite period of employment
and the nature of the employae's duties.
When are seasonal employees (See Pangilinan vs. General Milling
considered as regular employees? Corporation, G.R. No. 149329, 12 JulY
1. When there is reasonable connection 2m4)
between the particular activity
performed by the employee in relation However, in the following cases, workers
to the usual trade or business of the employed for a fixed-term were considered
employer; and as regular employees:
2. Seasonal workers who are repeatedly a. The employees were allowed to work
engaged to perform the same tasks beyond the fixed-term without the
for more than one season. (See benefit of a new contract (Viernes vs.
Hacienda Fatima ys. National NLRC, G.R. No. 108405, 4 APr 2003);
Federation of Sugarcane Workers- b. The employees werb allowed to work
Food and General Trade G.R. NO. for more than one Year and there is a
.14944, 28 Jan 2003) reasonable connection between the
particular activity performed by the
Note: One-year duration on the job is the usual
pertinent in deciding whether a casual employer
employee has become regular or not, but
it is NOT pertinent to a seasonal or NLRc.ffiR{ W{i@224, 1
project employee. Passage of time does xr il:, j,,,r
il;l i.*"er'vt'q
not make a seasonal worker regular or
permanent (Mercado v. NLRC, GR No. isa
79869, September 5. 1991). the
the
When the business establishment is sold
which effectively terminates the
employment of the seasonal employees,
the latter would be entitled to separation
pay.
5. Temporary or Fixed-Period
Employment
Employment arrangement where an
employee is engaged to work on a specific
L24
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2OI1 CENTRALIZED BAR OPERATIONS
the parties without any force, duress, or their work must be necessary or desirable
improper pressure being brought to bear in the usual business of the employer, (2)
upon the employee and absent any other they worked for the employer throughout
circumstances vitiating his consent; or the year, their emfloyment not being
2. lt satisfactorily appears that the employer dependent on a specific project or season,
and the employee dealt with each other on and (3) they worked for more than one
more or less equal terms with no moral year,
dominance exercised by the former or the
latter (Brenf Schoo/ v. Zamora, GR No. L- ART. 281: PROBATIONARY EMPLOYMENT
4U94, February 5, 1990).
Probationary Employment
General Rule: Fixed-Period Employment is Exists where the employee, upon his
valid so long as the criteria abovementioned engagement is made to undergo a trial period
are complied with. during which the emptoyer determines his
fitness to qualify for regular employment based
Exception: While the Supreme Court has on reasonable standards made known to him
upheld the legality of fixed-term employment, at the time of his engagement.
where from the circumstances it is apparent
that the periods have been imposed to Note: ln all cases probationary employment,
preclude acquisition of security of tenure by the employer shall make knoarn to the
the employee, they should be struck down or employee the standards under which he will
disregarded as contrary to public poiicy. (See qualify as a regular employee at the time of his
Manila Water Co. lnc. vs. Pena, G.R. No. engagement. Where no standards are made
158255, 8 July 2004: Magsalin vs. National known to the employee at that time, he should
Organization of- Working Men, G.R. No. be regarded as a regular employee.
14U92, I May 2043)
Characteristics of ProbationarY
Special Groups of Employees Employment
1. OFWs and Seafarers cannot be L lt is an employment for a trial period;
considered as regular employees. Their 2. lt is a temporary employment status prior
employment is governed by the contracts to regular employment;
they sign every time they are rehired and 3. lt arises through a contract with the
their employment is terminated when the following elements:
contract expires. Their employment is a. The employee must learn and work at
fixed for a certain period of time a particular type of work;
For a private school teacher to acquire b. Such work calls for a certain
permanent status in employment, the qualifications;
following requisites must concur: (1) the c. The probation is fixed
teacher is a full-time teacher; (2) the d. The employer reseryes the power to
teacher must have rendered three terminate during or at the end of the
consecutive years of service; and (3) such trial period; and
service must have been satisfactory. e. lf the employee has learned the job to
(Spouses A/wyn Ong Lim and Evelyn ,he
Lukang Lim Vs. Legazpi Hope Christian
School, et al., G.R. No. 172818, March 31,
2009.)
The employment of househelpers is the
only kind in the Labor Cade where a fixed
term is XPRFSSLY PROVIDED FOR.
Under Arf. 142 of the Labor Code, the
original contract for domestic service shall
not last more than 2 years, renewable for
such periods as may be agreed upon by 1.
the parties and subject to review every 3
years with the end in view of improving the 2.
terms and conditions thereof.
Piece-rate workers may attain regularity of 3.W by
employment. Payment by the piece is just
a method of compensation and does not 4. When nature
define the essence of compensation. For of the
piece rate workers to be regularized: (1)
1?q
LABOR LAW
LABOR RELATIONS
Example: The probationary period set for exercised in accordance with the speclflc
professors, instructors and teachers is ffiree requirements of the contract;
(3) consecutive years of satisfacfory service 2. lf a particular flrne is prescribed, the
pursuant to DOLE Manual of Regulations for termination must be within such time and if
Private Schools. formal nofice is required, then that form
must be used,
Extension of Probation 3. The ernployer's dissafisfaction must be
The employer and employee may extend by real and in good faith, not feigned so as to
agreement the probationary period of circumvent the contract or the lar,lt and
employment beyond six (6) months. 4. There must be no unlawful discrimination
in the dismissal.
Note: By voluntarily agreeing to such an
extension, the employee waived any benefit Regular Status after Probationary Period
attaching to the completion of the period if he lf the probationary employee is allowed to
still failed to make the grade during the period work beyond the period of 6 months or the
of extension (Mariwasa Mfg., lnc. v. Hon. agreed probationary period, said employee
Leogardo, GR No. 74246, January 26, 1589). becomes a regular employee by operation of
law.
Double ot Successive Probation NOT
Allowed ART.282: TERMINATION BY EMPLOYER
The evil sought to be prevented is to
discourage scheming employers from using Guidelines to Determine the Validity of
the system al double or suoessive probation Termination:
to circumvent the mandate of the law on 1. Gravity of the offense;
regularization and make it easier for them to 2. Position occupied by the employee;
dismiss their employees (Holiday lnn Manila v. 3. Degree of damage to the emPloYer;
NLRC, GRNo. 109114, September 14,1993). 4. Previous infractions of the same offense;
and
Termination of Probatlonary Employment 5. Length of service.
Probationary employees are protected by the Totality of lnfractions Doctrine
SECURITY OF TENURE provision of the It is the totality, not the compartmentalization
Constitrition. of company infractions that the employee had
consistently committed, which justifies the
HOWEVER, a probationary employee may be penalty of dismissal (e.g- number of violations
terminated at any time before the expiration of committed during the period of employment).
the probationary period on fwo (2) grounds: (Manila Electic Company v. NLRC, GR No.
1. Just cause; and 1 1 41 29, October 24, 1 996)
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UIBOR IAW
LABOR RELATIONS
d. Must be genuine, not a mere just cause for terminating his employment
. afterthought to jtistify earlier action (Manila Chauffer's League v. Bachrach Motor
Co., 40 A.G. 159\.
taken in bad faith; and
e. The employee involved holds a
position oftrust and confidence. Due Process to be observed by the
employer
NoE: Generally, employers are allowed The following standards of due process shall
wider latitude of discretion in terminating be substantially observed for termination of
the employment of managerial personnel employment based on just causes:
or those who, while not of similar rank
perform functions which by their nature 1. Notice (Twin Notice Rule) - the emfloyer
require the employer's full trust and is required to furnish an employee wfio s
confidence. (Coca-Cola Bottlers v. NLRC, to be dismissed with two (2) writen
GR No. 825ffi, April25, 1989) notices before such termination:
a. Pre-Notice - a wriften notice served
5. Commission of a Crime or Offense on the employee specifying the
Refers to an offense by the employee ground or grounds for termination, and
against the person of his employer or any giving to said employee reasonable
immediate member of his family or his duly opportunity within which to explain his
authorized 'representative and thus, the side;
conviction of a crime involving moral b. Post-Notice - a written notice of
turpitude is not analogous thereto as the termination served on the employee
element of relation to his work or to his indicating that upon due consideration
employer is lacking. of all the circumstances, grounds have
been established to justify his
Note: The CONVICTION of an employee termination. (which comes only after
in a criminal case is NOT necessary to the employee is given reasonable
warrant his dismissal by his employer. period from receipt of the first notice to
answer the charge, see requirement 2
6. Analogous Causes below) (Pepsi-Cola v. NLRC, GR No.
Must be due to the voluntary and/or wilfful 90964, February 10, 1992)
act or omission of the employee (Nadura
v. Benguet Consolidated, GR No. L- 2. Hearing or Conference - a hearing or
17780, August 24, 1962). conference should be held during which
the employee concerned, with the
Examples assistance of counsel, if the employee so
a. Violation of company rules and desires, is given the opportunity to
regulations respond to the charge, present his
b. Drunkenness evidence or rebut the evidence presented
c. Gross inefficiency against him (Lavador v. "J" Marketing
d. . lllegally diverting employer's products Corparation and Soyao, GR No. 157757,
June 28, 204Q.
Other JustCauses Recognized under Other
provisions of the Labor Code
1. Union officers who knowingly participate in
an illegal str.ike.
2. Any employee, union officer or mere
member who knowingly participates in the
commission of illegal acts during a strike.
3. Strikers who violate orders, prohibitions
and/or injunctions as are issued by the
Secretary of Labor and Employment or the
NLRC.
4. Violation of union security clause
stipulated in the CBA pursuant to Arf
248[e]. rs
a
Doctrine of lncompatibi lity as
Where the employee has done something that considered
is contrary or incompatible with the faithful
performance of his duties, his employer has a
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2011 CENTRALIZED BAR OPERATIONS
lnc. v. NLRC, GR No. 89876, November 13, 1. However, when there is a company policy
1e92). or a CBA provision mandating payment of
wages during said 30-days preventive
Note: ln Agabon v. NLRC, GR No. 158693, suspension, such payment shall be made.
Nov. 17, 2004, when dismissal is for just or 2. Preventive suspension should not last for
authorized cause but due process was not more than thirty (30) days. The employee
observed, the dismissal should be upheld. should be made to resume his work after
However, the employer sho0ld be held liable 30 days.
for non-compliance with the procedural 3. However, the same can be extended
requirements of due process (i.e. damages). provided the employer pays the
The above ruling was modified by JAKA Food suspended employee his wages and other
Processing v. Pacd,, GR No. 151378, March benefits.
28, 2005:
1. lf based on a just cause (Art. 282) but the Note: After the lapse of the 3Gday period, the
employer failed to comply with the notice employer is required to reinstate the
requirement, the sanction to be imposed employee. lf the employer decides to extend
upon him should be tempered because the the period of preventive suspensions for
dismissal process was, in effect, initiated justifiable reasons, he is obligated to pay the
by an act imputable to the employee; and wages and other benefits due to the
2. lf based on an authorized cause (Art. 283) suspended worker.
but the employer failed to comply with the
notice requirement, the sanction should be Offers to reinstate the worker made.after the
stlrTer because the dismissal process was filing of a complaint for illegal dismissal could
initiated by the employer's exercise of his not validate an otherwise arbitrary dismissal.
managemerfi prerogative.
Requirements for Termi nation :
The ruling in the JAKA case was also modified 1. Substantive Due Process-The employer
in lndustrial Timber Corp., et. al. vs. Ababan, shall not terminate the services of an
et. al., GR No. 164518, March 30. 2006. This employee except for a just cause (Art 282)
case subdivided the di3missal for authorized or when authorized by law (Arts. 283 and
causes into 1) due to losses and 2) not due to 284). When there is no showing of a clear,
losses. lf the authorized cause that terminates valid and legal cause for the terminatiOn of
employment arises from losses, the penalty to employment, the law considers the case a
the employer who disregarded due process matter of illegal dismissal.
may be lighterthan if the authorized cause has 2. Procedural Due Process
no relation to losses. a. For termination based on just causes
under Art. 282, procedural due
The Court also mentioned other factors to process means compliance with the
consider ln assessrng the penalty to the following:
employer such as: i. A written notice (first notice)
1. The authorized cause invoked, whether served on the employee
retrenchment or cessation of operation specifying the ground for
due to serious business losses;
2. The number of employees to be awarded;
3. The financial capacity of the employer;
4. The employer's grant of other termination
benefits; and
5. Whether there was a bona flde attempt to
comply with the notice requirement as of
opposed to giving no notice at all. so
'to
Preventive Suspension his
An employee may be placed under preventive
suspension, if his continued employment
poses a serious and imminent threat to life or
property of the employer or his co-workers. lt the
shall be for a maximum period of 30 days, due
during which period the employee placed the
under preventive suspension is not entitled to have
any wages. justify his
L29
LABOR LAW
LABOR RELATIONS
b. For termination based on authorized (Belated Due Proess Rule utrc l,fitrpli
cause under Afts 283 and 2U, Doctine).
compliance with procedural due
process which means service of a (See Note under Degree of Proof)
written notice to the employee AND
the appropriate Regional Office of the 5. Termination for non-existent cause
DOLE at least 30 days before the ttlegal, The employee who was dismissed
effectivity of the termination, based on a non-existent cause should be
specifying the ground or grounds for reinstated to his former position, or if not
termination. possible, to a substantially equivalent
c. For termination based on completion position.
of contract or phase thereof- No prior
notice is required Termination without a caus+lt is the
d. For termination of
probationary intention of the employer to dismiss his
employment based on failure to meet employee for a cause whatsoever, only
the standards of employment-written that there was really no cause, hence, the
notice must beserved to
the dismrssal is illegal.
employee concerned within a
reasonable time from the effective Termination for a non-exisfenf cause-The
date of the termination. employer does not intend to dismiss the
employee but the dismissal was effected
lnstances when hearing is not required: nonetheless for a specific cause which
a. Admission of guilt by employee turns out to be non-existent.
b. Termination due to authorized caruses
under Art 283 6. Cases when there is no evidence of
c. Termination due to disease under Art. 284 dismissal (e.9. when employer did not
d. Resignation by the employee dismiss his employees, and the latter did
e. Termination after 6 months of bona-fide not abandon their employment). Remedy
suspension of operation is reinstatement but without backwages
f. Termination due to expiration of flxed- (See Asia FanQ Plywood Corp. vs. NLRC,
period"employment. G.R. No. 11309,20Jan 1999)
g. Termination of casual employment
h. Termination due to completion of project in Suspension of Effects of Termination
project employment. The Secretary of Labor may suspend the
i. Termination due to lapse of season in effects of the termination pending resolution of
case of seasonal employment. the case in the event ot a prima facie finding
j. Termination due to expiration of period of by the appropriate official of the Department of
probationary employment Labor and Employment before whom the
k. Termination due to expiration of tenure dispute is pending that
made coterminous with lease 1. The termination may cause a serious labor
l. Termination due to expiration of dispute.
contractual employment. 2. The termination is in implementation of a
m. Termination due abandonment mass the Labor
n. Termination due to closure or stoppage of Code
work by government authorities.
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2011 CENTRALIZED BAR OPERATIONS
precluded from adopting a new policy real, or if only exPected, are
conducive to a more economical and reasonably imminent as Perceived
effective management, and the law does objectively and in good faith by the
not require that the employer should be employer;
suffering financial losses before he can 2. The employer served WRITTEN
terminate the services of the employee on NOTICE both to the employees and to
the ground of redundancy (Dole the DOLE at least one (1) month prior
Philippines, lnc., et. alv. NLRC, et. al). the intended date of retrenchment;
3. The employer pays the retrenched
3. Retrenchment (Downsizing) employees SEPARATION PAY
a. reduction of personnel usually due to equivalent to one month pay or at
poor financial returns so as to cut least one-half month pay for every
down on costs of operations in terms year of service;
of salaries and wages to prevent 4. The employer exercises its
bankruptcy of the company; prerogative to retrench employees lN
b. linked with losses; it is a cost-cutting GOOD FAITH for the advancement of
measure made immediately necessary its interest and not to defeat or
by business reduction or reverses. circumvent the employees' right to
security of tenure; and
Note: The phrase "TO PREVENT 5. The employer used FAIR 'AND
LOSSES' means that retrenchment or REASONABLE CRITERIA in
termination from the service of some ascertaining who would be dismissed
employees is authorized to be undertaken and who would be retained among the
by the employer sometime before the employees, such as status, efficiency,
losses anticipated are actually sustained seniority, physical fitness, age and
or realized. Evidently, actual losses need financial hardship for certain workers
not set in prior to retrenchmenl (Cajucom (Asian Alcohol Corp. v. NLRC, GR No.
VIlv. TPI Philippines Cement Corporation, ' 131108 March 25, 1999).
et. al, GR No. .149@0, February 11,
2005). Note: The employer bears the burden to
piove such ground with clear and
There is NO need for investigation and satisfactory evidence, failing which the
hearing before an employee may be dismissal on such ground is unjustified.
dismissed due to retrenchment or (Bio Quesf Marketing lnc. and/or Jose L.
redundancy. The employee can however Co vs. Edmund Rey, G.R. No. 181503,
controvert the grounds for termination September 18, 2009.)
before the DOLE.
"Last ln, First Out" Rule (LIFO)
General Standards of Retrenchment It applies to termination of employment in the
(srNS) same line of work. What is contemplated in the
1. The losses expected are substantial LIFO rule is that when there are two or more
and not merely de minimis in extent; employees occupying the same position in the
2. The apprehended substantial loss are company
reasonably lmminent, can be
perceived objectively and in good faith
by the employer;
3. Retrenchment must be reasonably #effi x-,,rrfv
necessary to prevent the expected
losses; and
4. Expected or actual losses must be
proved by sufficient and convincing
evidence (Central Azucarrera dela
Carlata v. NLRC, GR No. 100092,
December 29, 1995).
131.
LABOR LAW
LABOR RELATIONS
Hobson's Choice - Means no choice at all; a c. Where closure was due to an act of
choice between accepting what is offered or the government, the workers are not
having nothing at all. For example, in Asufrin, entitled to separation pay (National
Jr. vs. San Miguel Corporation, (G.R. No. Federation of Labor v. NLRC, GR No.
156658, 10 March 2004), the employees were 127718, March 2, 2000).
given the choice either to voluntarily retire, be
retrenched with benefits or be dismissed Note: Article 283 includes both the
without receiving any benefit at all. complete cessation of all
business
operation of an establishment and the
Retrenchment vs. cessation of only part of a company's
business (Cheniver Deco Print Technics
Corp. v. NLRC, GR No. 122876, February
purposes 17,2ffi0).
economy a
company
decides to reorganize its
departrnents by imposing
on employees of
one
department the duties
performed by
the Does nst
Employer reduces the employees of the other require
number of its personnel departnent, thus proof of
in order to
prevent
rendering unnecessary actual or
turther losses in
his
the job of the latter, the imminent
business operations.
seMces of the loss
employees whose
functions are now being
performed by the former, 5. Disease
may be validly
terminated on the ground Regur.sifes:
of REDUNDANCY. a. The employee is suffering from a
disease
4. Closure or Cessation of Operation of b. His continued employment is either
the Establishment or Undertaking prohibited by law, prejudicial to his
health or prejudicial to the health of his
Reguisifes co-employees.
a. The decision to close or cease c, There is a certification by a competent
operations should be made in good public health authority that the disease
faith. is of such nature or at such stage that it
b. The purpose should not be to cannot be cured within a period of six
circumvent the provision ol Title I months even with proper medical
Book Six of the Labor Code (Rules on treatment.
Termi n at i on of Em p I oyment d. Notice of termination based on this
c:' There is no other option available to ground should be served to the
the employer except to close or cease employee concerned and the
operations.
d. The notice requirement under Aft. 283
should be complied with.
e. Separation pay under the law (when
not due to serious business losses) or
company policy or CBA or similar
contract, when appropriate must be
paid to the affected employees.
Rules.'
a. Where closure is due to serious
business losses, no separation pay is
required; {Notth Davao Mining Corp.
v. NLRC, GR No. 112546, March 13,
1996)
b. Where closure is NOT due to serious
business losses, workers are entitled
to separation pay; must be
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The requirement for a medical certificate When termination is brought about by the
under article 284 of the labor code cannot completion of the contract or phase
be dispensed with; otherwise, it
would thereol no prior notice is required.
sanction the unilateral and arbitrary
determination by the employer of the 3. Payment of separation pay.
gravity or extent of the employee's illness
and thus defeat the public policy in the Rules on P
protection of labor (Sy, et. al v. CA, GR
No. 142293, February 27,2003).
133
LABORLAW
LABOR RELATIONS
Dismissal for Just Cause vs. Termination The employee must serve a written notice on
for Authorized Cause the employer at least one (1) month in
advance.
Voluntary Resignation
Defined as the act of an employee, who finds
himself in a situation in which he believes that
personal reasons cannot be sacrificed in favor
of the exigency of the service; thus, he has no
other choice but to disassociate himself from ts to
his employment (Alfaro v. CA, GR No. 140812,
August 28, 2001).
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lnc. v. Catinoy, GR No. 143204, June 26, TITLE TWO. RETIREMENT FROM THE
2001.) SERVICE
to
whose
they
13s
LABOR LAW
LABOR RELATIONS
have at least served for a period of 5 years Difference between Voluntary and
(Att. 287 as amended by R.A. 8558). lnvol untary Retirement
. Voluntary retirement cuts employment ties
Compulsory Retirement Age Below 60 leaving no residual employer liability.
Allowed r lnvoluntary retirement amounts to a
Att. 287 permits employer and employee to fix discharge, rendering the employer liable
the applicable retirement age at below 60 for termination without cause. The
years. The same is legal and enforceable so employee's intent is the focal point of
long as the parties agree to be governed by analysis.
such CBA (Pantranco North Express v. NLRC, o ln determining such intent, the fairness of
GR No. 95940, July 24, 1996). the process governing the retirement
decision, the payment of stipulated
Extension of Service of Retiree benefits, and the absence of badges of
Upon the compulsory retirement of an intimidation or coercion are relevant
employee or official in the public or private parameters (Arsenio F. Quevedo, et.al vs.
service, his employment is deemed Benguet Electic Cooperative
terminated. The matter of extension of service lncorporated, et.al, G.R. No. 168927,
of such employee or official is addressed to September 11,2Ng).
the sound discretion of the employer (USf
Facufty. Union v. NLRC, Gff No. 89885,
August 6, 1990)
Benefits
A retiree is entitled to a retirement pay TITLE ONE. PENAL PROVISIONS AND
equivalent to at /easf % month salary for every LIABILITIES
year of serwce, a fraction of at least six (6)
months being considered as one whole year. ART.288: PENALTIES
Unless the parties . provide for
broader Violations of the Labor Code that are declared
inclusions, the term "ONE HALF (1/2) MONTH to be unlaMul or penal in nature shall be
SALARY" shall mean: punished accordingly:
o 15 days plus 1t12 at the 13b month pay; 1. Article L A fine of not less than P 1,000 nor
and more than P 10,000
e the cash equivalent of NOT more than 5 2. Article ll lmprisonment of not less than 3
days of service incentive leaves. (22.5 months nor more than 3 years; or
days per year of service) 3. Article lll.
Both such fine and
imprisonment at the discretion of the court.
Under Section 26, R.A. No. 467Q otherwise
KNown as the MAGNA CARTA FOR PUBLIC ln addition to such penalty, any alien found
SCHOOL TEACHERS, public school teachers guilty thereof shall be summarily deported
having. fulfilled the
age and service upon completion of service of sentence.
requirements of the applicable retirement laws
shall be given ONE RANGE SALARY RATSE Criminal are also
UPON RETIREMENT, which shatt be the
basis of the computation of the lump sum of
the retirement pay and the monthly benefit wg*5i,f,;Aft#{fui*nale
thereafter
"a)frffi*.*r}aa}l
Note: Exempted from the payment of
retirement pay are: Ai
1. Retail, seryice and agricultural
establishments or business operations
employing NOT more than ten (10)
employees or workers;
2. Government employees; and
3. Domestic helpers and those in the
personal service of another.
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Periods of Prescription
137
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LABOR LAW
LABOR RELATIONS
Tables of Jurisdiction
ConcurrentWith NLRC
1. Contempt cmes ;;*.+ i'; +3Li
i.^t{:3h_t_ {,4.i* x
Note: Although the provision speaks of Exclusive and Original Jurisdiction of Labor Arbiters,
the cases enumerated may instead be submitted to a Voluntary Arbitrator by agreement of the
under ArL 262. The law
USIVE AND ORIGINAL
TION
Cases certified to the NLRC for compulsory arbitration by the Sec. of Labor under Art.
within
263;
lnjunction cases under Arts. 128 and 264; and days from
Contemptcases. ' the order,
decision on
palpable or
APPELLATE by the
1. Cases decided by Labor Arbiters under Art. 217(b) d the LC and Sec. 10 of Migrant
Only one (1)
Workers Act; and
2. Cases decided by the Regional Offices of the DOLE in the exercises of their adjudicatory
functions under Art. 129 over monetary claims of workers not exceeding P5'000.
APPEAL
of the NLRC
Decisions
may be elevated for
REVIEW to the Court of
Appeals by a Petition for
Certiorari under Ru/e 65 of
the 1997 Rules of Court
within 60 days from notice
of judgment, order or
resolution sought to be
assailed (As amended)
3. Upon agreement of the parties, other labor disputes including ULP and bargaining | 4. ti.rt,i.iii"i"t]iM
ofthe 1997
Note: "All other disputes" under Arl. 262 may include termination disputes, provided that
the agreement between the parties states in unequivocal language that they conform to
the submission of termination disputes and ULP to voluntary arbitration. This is so
because termination disputes are generally within the exclusive and original jurisdiction of
Labor Arbiters by express provision ol law (Vivero v. CA, 344 SCRA 268, 2000).
139
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TABOR LAW
LABOR RELATIONS
APELLATE
Cancellation of registration of federation or National union by the BLR;
Denial of application of registration of federation or national union by the BLR;
Decision of BLR in lnterilntra Union dispute; and
Decision of Med-Arbiter in Petition for Certification election.
L4L