Preliminary Title: Memory Aid in Labor Law
Preliminary Title: Memory Aid in Labor Law
PRELIMINARY TITLE
7.Right to Participate in Policy &
CHAPTER I Decision-Making Processes affecting
GENERAL PROVISIONS their rights and benefits as may be
provided by law
RELATED LAWS:
ART 1. NAME OF DECREE
1. CIVIL CODE: see Arts. 1700, 1701and 1703
LABOR LEGISLATION - Consists of 2. REVISED PENAL CODE: Art. 289
statutes, regulations and jurisprudence 3. OTHERS: SSS Law, GSIS Law, Agrarian
governing the relations between capital and Reform Law, the 13th month pay law, the
labor, by providing for certain standards of terms Magna Carta for Public Health Workers, etc.
and conditions of employment or providing a
legal framework within which these terms and RATIONALE :
conditions and the employment relationship may
be negotiated, adjusted and administered. It is - The raison d’ etre of labor laws is the POLICE
divided into labor standards and labor relations. POWER of the State
LABOR STANDARDS - Are the minimum ART 3. DECLARATION OF BASIC
requirements prescribed by existing laws,
POLICY
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary and welfare benefits, The State shall afford protection to labor,
including occupational safety, and health promote full employment, ensure equal work
standards. opportunities regardless of sex, age or creed,
and regulate the relations between workers and
employers. The State shall assure the right of
LABOR RELATIONS LAW - defines the
workers to self-organization, collective
status, rights, and duties and the institutional
bargaining, security of tenure, and just and
mechanisms that govern the individual and
humane conditions of work.
collective interactions of employers, employees
or their representatives.
- The law which EMPLOYER - one who employs the services
seeks to stabilize the relation between employer of others; one for whom employees work and
and employee, to forestall and thresh out their who pays their wages or salaries.
differences through the encouragement of
collective bargaining and the settlement of labor EMPLOYEE - one who works for an
disputes through conciliation, mediation, and employer; a person working for salary or wages
arbitration.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
WORKER -any member of the labor force,
whether employed or unemployed
1. Preserve the landholding in the hands of the 1. Contract Processing – workers hired thru the
owner-tiller and his heirs; POEA shall be issued the individual
2. minimize land speculation; and employment contract and such other
3. prevent a return to the regime of land documents as may be necessary for travel
ownership by a few. 2. Passport Documentation
3. Visa Arrangement
MANDATORY REMITTANCE
REQUIREMENTS: CHAPTER II
REGULATIONS OF RECRUITMENT
1. Seamen or mariners: 80% of the basic AND PLACEMENT ACTIVITIES
salary;
2. Workers for Filipino Contractors and ART 29. NON-TRANSFERABILITY OF
Construction Companies: 70% of the basic LICENSE OR AUTHORITY
salary;
3. Doctors, engineers, teachers, nurses, and
- No license or authority shall be used
other professionals whose employment
directly or indirectly by any person other
contract provide for lodging facilities: same
than the one in whose favor it was issued
as #2
or at any place other than that stated in the
4. All other professionals without board and
license or authority, nor may such license or
lodging: 50% of the basic salary;
authority be transferred, conveyed or
5. Domestic and other service of workers; 50%
assigned to any other person or entity.
of the basic salary.
- Licensees or holders of authority or their
duly authorized representatives may as a
ART 25. PRIVATE SECTOR rule, undertake recruitment and placement
PARTICIPATION IN THE RECRUITMENT activities only at their authorized official
AND PLACEMENT OF WORKERS addresses.
PRESCRIPTIVE PERIOD
EXCEPTIONS:
- checks or money orders may be paid if:
1. Industrial undertaking between 10PM-6AM her childbirth or miscarriage shall be paid a daily
2. Commercial/Non-Industrial undertaking maternity benefit equivalent to 100% of her
between 12 MN-6AM average daily salary credit for 60 days or 78
3. Agricultural undertaking at nighttime unless, days, in case of caesarian delivery.
she is given a period of rest of not less than
9 consecutive hours REQUISITES :
ART. 133 MATERNITY LEAVE - This law grants paternity leave of seven day
BENEFITS with full pay to all married male employees
in the private and public sectors.
MATERNITY LEAVE UNDER THE SSS LAW - It is available only for the first four
deliveries of the legitimate spouse with employment, re-employment or
whom the husband is cohabiting. continued employment of said
individual or in granting said individual
favorable compensation, terms,
conditions, promotions, or privileges;
DELIVERY – includes childbirth, miscarriage, or or the refusal to grant the sexual favor
abortion. results in limiting, segregating or
classifying the employee which in
Purpose: to enable the husband to lend support anyway would discriminate, deprive or
to his wife during the period of recovery and/or diminish employment opportunities or
in the nursing of the newly born child. otherwise adversely affect said
employee
CONDITIONS : 2. the above acts would impair the
employee’s rights or privileges under
1. he is an employee at he time of the delivery existing labor laws or
of his child; 3. The above acts would result in an
2. he is cohabiting with his spouse at the time intimidating, hostile, or offensive
she gives birth or suffers a miscarriage; environment (Sec. 3[a], RA No. 7877)
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a ART 136. STIPULATION AGAINST
miscarriage MARRIAGE
- Paternity leave, if not availed of, is not - it shall be unlawful for an employer to require
convertible to cash. as a condition for employment or continuation of
employment that a woman employee shall not
WIFE - refers to the lawful wife which means the get married, or to stipulate expressly or tacitly
woman who is legally married to the male that upon getting married a woman employee
employee concerned. shall be deemed resigned or separated, or to
actually dismiss, discharge, discriminate or
- Where the male employee is already otherwise prejudice a woman employee merely
enjoying the paternity leave by reason of by reason of her marriage.
any law, decree, executive orders or any
contract, agreement or policy between
employer and employee and the existing
ART 138. CLASSIFICATION OF
paternity benefit is greater, the greater
benefit shall prevail; if lesser, the existing CERTAIN WOMEN WORKERS
benefit shall be adjusted to the extent of
the difference. - Any woman who is permitted to work or
suffered to work, with or without
compensation, in any night club, cocktail
ART 135. DISCRIMINATION lounge, massage clinic, bar or similar
establishment, under the effective control or
PROHIBITED
supervision of the employer for a substantial
period of time as determined by the
- It shall be unlawful for any employer to Secretary of Labor, shall be considered as
discriminate against any woman employee an employee of such establishment for
with respect to terms and conditions of purposes of labor and social legislation.
employment solely on account of her sex.
TRIPARTISM
- Five (5) divisions of NLRC. CASES WERE THE NLRC HAS
- Three (3) sectors are represented in the APPELLATE JURISDICTION:
composition of the NLRC.
- each division (3 commissioners) will 1. Cases decided by labor arbiters under
have representative from the Art 217b and Sec 10 RA 8012(Migrant
following : Workers Act)
2. Cases decided by the Regional Offices
1. Choice of the Sec. Of Labor coming of DOLE in the exercise of its
from the public sector adjudicatory function under Art 129 of
2. labor the Labor Code
3. employer and management sector
THE NLRC ONLY SITS EN BANC FOR
QUALIFICATIONS OF THE CHAIRMAN PURPOSES OF:
AND THE COMMISSIONER
1. promulgating rules and regulation
1. must be a member of the Philippine Bar; governing the hearing and disposition of
2. must have been engaged in the practice of cases before any of its divisions and
law in the Philippines for at least 15 years; regional branches, and
3. must have experience or exposure in
handling labor management relations for at 2. formulating policies affecting its
least 15 years; and administration and operations.
4. preferably a resident of the region where he
is to hold office. - The Commission may only sit en banc for
- The Chairman and Commissioners of the the determination of policies and NOT for
NLRC are not subject to confirmation by the purposes of adjudication.
Commission on Appointments
- Petitions for certiorari against decisions
THE QUALIFICATIONS OF EXECUTIVE of the NLRC should henceforth be
LABOR ARBITERS initially filed with the Court of Appeals in
strict observance of the doctrine on the
1. must be members of the Philippine Bar; hierarchy of courts as the appropriate forum
2. must have been engaged in the practice of for the relief desired. The SC noted that the
law in the Philippines for at least 7 years; CA is procedurally equipped to resolve
3. must have experience or exposure in unclear or ambiguous factual finding, aside
handling labor management relations for at from the increased number of its component
least 3 years. divisions. (St. Martin Funeral Homes vs.
NLRC G.R. No. 130866)
TERM OF OFFICE OF THE CHAIRMAN,
COMMISIONERS, AND LABOR - Findings of facts of a labor tribunal are
accorded the utmost respect by the courts
ARBITERS:
and are well-nigh conclusive if supported by
substantial evidence.
- until they reach the age of 65 unless
removed for causes as provided by law or
- Labor cases are not subject to Barangay
become incapacitated to discharge the
Conciliation since ordinary rules on
function of his office.
procedure are merely suppletory in
character vis-a- vis labor disputes which are
CASES WERE THE NLRC HAVE primarily governed by labor laws.
EXCLUSIVE AND ORIGINAL
JURISDICTION: - The failure of the petitioner to file a motion
for reconsideration of the decision of NLRC
before filing a petition for certiorari has in
certain instances been held not to be a fatal
omission. - The labor arbiter has jurisdiction over the
claims of employees against GOCCs if the
CHAPTER II latter does not have an original charter and
POWERS AND DUTIES has been incorporated under the
Corporation Code.
ART 217. JURISDICTION OF LABOR - The labor arbiter and the NLRC have no
ARBITERS AND THE COMMISSION. jurisdiction over claims filed by employees
against international agencies such as IRRI,
a. Except as otherwise provided under this WHO etc.
Code the Labor Arbiters shall have original
and exclusive jurisdiction to hear and ART 218. POWERS OF THE
decide, within 30 calendar days after the COMMISSION
submission of the case by the parties for
decision without extension, even in the
POWERS OF THE NLRC:
absence of stenographic notes, the following
cases involving all workers, whether
agricultural or non-agricultural: a. Rule-making power
b. Power to issue compulsory
1, Unfair labor practice cases; processes
2. Termination disputes; c. Power to investigate matters
3. If accompanied with a claim for and hear disputes within its
reinstatement, those cases that jurisdiction
workers may file involving wages, d. Contempt power
rates of pay, hours of work and e. Power to issue injunctions and
other terms and conditions of Restraining Orders
employment;
4. Claims for actual, moral, REQUISITES BEFORE RESTRAINING
exemplary and other forms of ORDER/ INJUNCTION MAY ISSUE:
damages arising from employer-
employee relations; 1. filing of a verified petition
5. Cases arising from any violation 2. a hearing after due and personal notice has
of Art 264 of this Code, including been served in such manner as the
questions involving the legality of Commission shall direct, to all known
strikes and lockouts; and persons against whom the relief is sought
6. Except claims for Employees and also to the Chief Executive or other
Compensation, Social Security, public officials of the province or city within
Medicare and maternity benefits, which the unlawful acts have been
all other claims arising from threatened or committed charged with the
employer-employee relations, duty to protect the complainant’s property
including those of persons in 3. reception at the hearing of the testimony of
domestic or household service, witnesses with opportunity for cross-
involving an amount exceeding examination, in support of the allegations of
P5,000.00 regardless of whether the complaint made under oath as well as
accompanies with a claim for testimony in opposition thereto
reinstatement. 4. a finding of fact of the Commission to the
7.Monetary claims of overseas effect that :
contract workers under the a) prohibited or unlawful acts have been
Migrant Workers Act of 1995. threatened and will be committed and
will be continued unless restrained, but
b. The Commission shall have exclusive no injunction or temporary restraining
appellate jurisdiction over all cases order shall be issued on account of any
decided by Labor Arbiters. threat, prohibited, or unlawful act,
except against the persons, association
c. Cases arising from the interpretation or or organization making the threat or
implementation of CBA and those arising committing the prohibited or unlawful
from the interpretation or enforcement of act or actually authorizing or ratifying the
company personnel policies shall be same after actual knowledge thereof.
disposed of by the Labor Arbiter by referring b) That substantial and irreparable injury to
the same to the grievance machinery and the complainant’s property will follow
voluntary arbitration.
c) That as to each item of relief to be
granted, greater injury will be inflicted Art 219. OCULAR INSPECTION
upon complainant by the denial of the
relief than will be inflicted upon the The Chairman, any Commissioner, labor Arbiter
defendants by the granting of the relief or their duly authorized representatives may, at
d) That complainants has no adequate anytime during working hours:
remedy at law
e) That public officers charged with the a. Conduct an ocular inspection on
duty to protect complainant’s property any establishment, building,
are unable or unwilling to furnish ship, place or premises,
adequate protection. including any work, material,
5. Posting of a bond implement, machinery,
appliance or any object therein;
REQUISITES BEFORE TRO MAY BE and
ISSUED EX PARTE: b. Ask any employee. Laborer, or
any person as the case may be
1. The complainant shall allege that, unless a for any information or date
TRO shall be issued without notice, a concerning any matter or
substantial and irreparable injury to question relative to the object of
complaint’s property will be unavoidable; the investigation
2. There is testimony under oath, sufficient, is
sustained, to justify the Commission in ART. 221. TECHNICAL RULES NOT
issuing a temporary injunction upon hearing BINDING AND PRIOR RESORT TO
after notice ; AMICABLE SETTLEMENT
3. The complainant shall first file an
undertaking with adequate security in an - An amicable settlement of a labor dispute
amount to be fixed by the Commission should be approved by the labor arbiter
sufficient to recompense those enjoined for before whom the case is pending after
any loss, expenses or damage caused by being satisfied that it was voluntarily entered
the improvident or erroneous issuance of by the parties and after having explained to
such order or injunction, including all them the terms and consequences thereof.
reasonable costs, together with a
reasonable attorney’s fee, and expense of PURPOSE: for the employee’s protection for the
defense against the granting of any labor arbiter before whom the case is pending
injunctive relief sought in the same would be in a better position than just any labor
proceeding and subsequently denied by the arbiter to personally determine the voluntariness
Commission; and of the agreement and certify its validity.
4. The TRO shall be effective no longer than
20 days and shall become void at the RES JUDICATA applies only to judicial or
expiration of said 20 days counted from the quasi-judicial proceedings and not to the
date of the posting of the bond. exercise of administrative powers.
- In the absence of service of summons or a ART 222. APPEARANCES AND FEES
valid waiver thereof, the hearings and
judgment rendered by the labor arbiter are
null and void. APPEARANCE OF NON-LAWYERS
BEFORE THE COMMISSION:
- The procedural and substantial
requirements of Art 218 (e) must be strictly GENERAL RULE: ONLY lawyers can
complied with before an injunction may appear before the NLRC, or any Labor Arbiter,
issue in a labor dispute.
EXCEPTIONS : Non-Lawyers can appear ONLY
in the following instances:
THE FF. CAN ISSUE INJUNCTIONS/
TRO IN LABOR DISPUTES 1. if they represent themselves; or
2. if they represent their organization
1. President (ART. 263, g) or members thereof; or
2. Secretary of Labor (ART. 263, g) 3. if he is a duly-accredited member of
3. Labor Arbiters (ART. 217) the legal aid office duly recognized
4. NLRC by the DOJ of IBP in cases referred
5. Regional Directors thereto by the latter.
6. Med- Arbiters
ATTORNEY’S FEES: The maximum amount to Arbiter is NEVER extendible. It is the policy of
be given a lawyer is 10% of the monetary the state to settle expeditiously labor disputes.
benefits awarded to the employees excluding
the award for moral and exemplary damages REQUISITES BEFORE APPEAL TO THE
shall not be included. NLRC IS DEEMED PERFECTED:
- Moral and exemplary damages and other 1. File a verified memo of appeal within the
benefits that employee receives when he is required period of appeal;
working are excluded. 2. In case of monetary award, the employer
should file a bond corresponding to the
- This article prohibits the payment of monetary award excluding awards for moral,
attorney’s fees only where the same is exemplary damages and attorney’s fees.
effected through forced contributions from 3. Appeal fee of P110;
the workers form their own funds as 4. Furnish the other party with a copy of the
distinguished from the union funds. memo of appeal (proof of service).
REQUIREMENTS BEFORE A
FEDERATION CAN BE ISSUED A EFFECTS WHEN A LOCAL UNION
CERTIFICATE OF REGISTRATION: DISAFFILIATE:
Aside from the application, which must be IT DEPENDS. If the labor union is
accompanied with the requirements for independently registered, the disaffiliation of
registration of a labor registration, the the union would not affect its being a legitimate
application should also be accompanied by the labor organization and therefor would continue
following: to have the rights and privileges of a legitimate
1. Proof of affiliation of at least 10 labor organization as well as the legal
locals or chapters, each of which personality as such.
must be :
a. a duly recognized collective
bargaining agent in the On the other hand, if the labor union is
establishment of not independently registered, upon
b. supporting the registration disaffiliation, it would cease to be a legitimate
of such applicant federation labor organization and would therefore no longer
or national union; have the legal personality and the rights and
2. The names and addresses of the privileges granted by law to legitimate
companies where the locals or organization.
chapters operate and the list of all
the members in each company EFFECT OF DISAFFILIATION WITH
involved. EXISTING CBAs:
IT DEPENDS. If the labor union is ART 239. GROUNDS FOR
independently registered, existing CBAs would CANCELLATION OF UNION
continue to be valid as the labor organization REGISTRATION.
can continue administering the CBAs.
However, if the labor union is not
independently registered, existing CBAs would GROUNDS FOR CANCELLATION OF
no longer be valid as there would no longer be UNION REGISTRATION:
any labor organization given by law the right to
administer the CBAs. 1. Misrepresentation, False statement or Fraud
in connection with:
ENTITLEMENT TO UNION DUES IN - the adoption or ratification of the
CASE OF DISAFFILIATION: constitution and by-laws or
amendments thereto,
- If the labor union is independently - the minutes of ratification, and
registered, then the labor organization is - the list of members who took part in
entitled to the union dues and not the the ratification.
federation from which the labor organization 2. Failure to submit the document mentioned in
disaffiliated. the preceding paragraph
- within 30 days from adoption or
- On the other hand, if the labor union is not ratification of the constitution and
independently registered, then union dues by-laws or amendments thereto.
may no longer be collected as there would 3. Misrepresentation, false statement or fraud
no longer any labor union who is allowed to in connection with the:
collect such union dues from the employees. - election of officers,
- minutes of the election of officer and
- A union can affiliate anytime but disaffiliation the list of voters, or failure to submit
can be done only during the freedom period. these documents together with
If not within the freedom period, can be done - the list of the newly
only with the consent of the majority of the elected/appointed officers and their
workers. Provided it is independently postal addresses
registered otherwise it loses its personality. - within 30 days from election
The exception will only apply if it is not 4. Failure to submit the annual financial report
prohibited by the constitution and by-laws of to the Bureau
the federation of national union. - within 30 days after the closing of
every fiscal year and
misrepresentation, false entries and
ART 236. DENIAL OF REGISTRATION; fraud
APPEAL - in the preparation of the financial
report itself;
Decisions of the BLR denying the registration 5. Acting as a labor contractor or engaging in
of a labor organization is appealable to the the “cabo” system, or otherwise engaging in
Secretary of Labor within 10 calendar days from any activity prohibited by law;
receipt, on grounds of: 6. Entering into collective bargaining
agreements which provide terms and
a. grave abuse of discretion; and conditions of employment below minimum
b. gross incompetence standard established by law;
7. Asking for or accepting attorney’s fees or
negotiation fees from the employers;
ART 238. CANCELLATION OF 8. Other than for mandatory activities under
REGISTRATION; APPEAL this Code, checking off special assessment
or any other fees without duly signed
The certificate of registration of any legitimate individual written authorization of the
labor organization shall be cancelled by the BLR members;
if it has reason to believe, after due hearing, 9. Failure to submit a list of individual members
that the said labor organization no longer meets of the Bureau once a year or whenever
one or more of the requirements herein required by the Bureau; and
prescribed. 10. Failure to comply with the requirements
under Articles 237 and 238.
- Appeal may be filed within 15 days from
receipt of the decision to the Secretary of
Labor.
REMEDY IN CASE THE BUREAU Art. 241(o). Other than for
SHOULD CANCEL THE REGISTRATION MANDATORY ACTIVITIES under the
OF THE UNION: Code.
- to appeal to the Secretary of Labor within 10
calendar days on the grounds of: - NO special assessment, attorney’s fees,
registration fees or any other extraordinary
1. grave abuse of discretion or fees may be checked off from any amount
2. gross incompetence on the part of due an employee.
the Bureau - WITHOUT an individual written authorization
duly signed by the employee.
- Should the office of the Secretary affirm the
decision of the Bureau, the final remedy is The authorization should specifically state
a petition for certiorari to the SC under the:
Rule 65, Rules of Court. a. amount
b. purpose and
CHAPTER II c. beneficiary of the deduction.
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR EXCEPTION to the Requirement of
Individual Written Authorization:
ORGANIZATION
- The law does not require individual written
ART. 241. RIGHTS AND CONDITIONS authorizations from the employees when it
OF MEMBERSHIP IN A comes to fees for mandatory activities under
LABOR ORGANIZATION the Labor Code.
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY OF
INTEREST DOCTRINE:
CERTIFICATION CONSENT
1. similarity in the scale and manner of ELECTION ELECTION
determining earnings
2. similarity in employment benefits, hours of 1. aimed at 1. an agreed one,
work and other terms and conditions of determining the its purpose
employment sole and being merely to
3. similarity in the kinds of work performed exclusive determine the
4. similarity in the qualifications, skills and bargaining agent issue of majority
training of the employees of all the representation of
5. frequency of contract or interchange among employees in an all the workers in
the employees appropriate the appropriate
6. common supervision and determination of bargaining unit collective
labor-relations policy for the purpose bargaining unit
7. history of previous collective bargaining of collective
8. desires of the affected employees bargaining;
9. extent of union organization
2. separate and 2. from the very
AUTOMATIC RENEWAL CLAUSE - this is distinct from a nature of
under the present Article which establishes an consent election consent election,
automatic renewal clause the CBA is effective it is a separate
and enforceable even after the expiration of the and distinct
period fixed by the parties as long as no new process and has
agreement is reached by them. nothing to do
with the import
MODES OF CHOOSING THE and effect of a
certification
EXCLUSIVE BARGAINING UNIT: election
1. SELECTION
- certification election EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
2. DESIGNATION
a) voluntary recognition - By voluntarily recognition of the employer,
b) direct certification the labor organization recognized by the
employer as the exclusive bargaining agent 1. Majority of the eligible voters cast their
may collectively bargain with the employer. votes.
2. Obtained majority of the valid votes cast.
WHEN IS THE CONDUCT OF A (DOUBLE MAJORITY)
CERTIFICATION ELECTION MANDATORY
ON THE PART OF THE BLR? HOW TO DETERMINE THE TWO
MAJORITY RULE :
1. In an unorganized company –
a. upon the filing of a verified petition by a 1. In determining valid votes, eliminate spoiled
legitimate labor organization; or ballots but include challenged votes
b. upon the filing of a petition by the 2. In determining the eligible votes cast,
employer when such employer is include spoiled ballots
requested by the employees to bargain
collectively. RUN-OFF ELECTIONS
2. In an organized company upon the filing of
a verified petition by a legitimate labor This happens when:
organization questioning the majority status a. The election provides for at least 3
of the incumbent bargaining agent within the choices(“no union” is always a
60-day freedom period before the expiration choice)
of a CBA. b. The election results in none of the
- The petition must be supported by choices received the majority
the written consent of at least 25% votes(50%+1) of the valid votes cast
of all the employees in the
appropriate bargaining unit.
- Then there is no bar and therefore a Does the Duty to Bargain Collectively
certification election may be held.
carry with it the duty to agree to a
NOTE: Registration of CBA only puts into effect proposal or to make a concession?
the contract-rule bar rule but the CBA itself is
valid and binding even if unregistered. NO. The duty to bargain collectively does
not compel any party
“SUBSTITUTIONARY DOCTRINE”-- It - to agree to a proposal or
means that where there occurs a shift in the - to make a concession
employees’ union allegiance after the execution
of a collective bargaining contract with the EXAMPLES OF BAD FAITH
employer, the employees can change their BARGAINING:
agent – the labor union, but the collective
bargaining contract which is still subsisting, 1. Surface Bargaining – occurs when
continues to bind the employees up to its employer constantly changes its positions
expiration date. They, may, however, bargain over the agreement.
for the shortening of said expiration date. 2. Boulwarism – occurs
a. when the employer directly bargains
DEADLOCK – arises when there is an with the employee disregarding the
impasse which presupposes reasonable effort at union.
good faith bargaining which, despite noble
b. Employer submits its proposals and
adopts a take it or leave it stand. This is EXCEPTIONS TO THE SUCCESSOR-IN-
not negotiation because the take it or INTEREST DOCTRINE:
leave it stand implies threat.
3. Side Bar Technique 1. If the transfer is done in bad faith;
2. If it was done to circumvent the obligation of
DUTIES OF THE PARTIES DURING THE the seller;
60-DAY PERIOD: 3. If the successor expressly assumes the
obligations of the seller
1. to keep the status quo and
2. to continue in full force and effect and the BARGAINING IMPASSE – exists when good
terms and conditions of the existing faith bargaining on the part of the parties filed to
agreement during the 60-day period and/or resolve the issue and there are no definite plans
until a new agreement is reached by the for further efforts to break the deadlock
parties. (Art. 253)
ART 254. NO INJUNCTION RULE
- If not within 6 months, the parties may ONE-UNION, ONE-COMPANY POLICY- the
agree to the DATE OF RETROACTION. proliferation of unions in an employer unit is
This rule applies only if there is an discouraged as a matter of policy unless there
EXISTING AGREEMENT. IF THERE IS NO are compelling reasons which would deny a
EXISTING AGREEMENT, there is no certain class of employees the right to self-
retroactive effect because the date agreed organization for purposes of collective
upon shall be the start of the period of bargaining.
agreement.
EXCEPTIONS: supervisory employees who are
TAKE NOTE: Article 253-A on retroaction does allowed to form their own unions apart from the
not apply if the provisions were imposed by the rank-and-file employees
Secretary of Labor by virtue of arbitration. It
applies only if the agreement was voluntarily LABOR MANAGEMENT COUNCILS deal with
made by the parties. the employer on matters affecting employee’s
rights, benefits and welfare. They may be
SUCCESSOR-IN-INTEREST DOCTRINE formed even if there is already a union in the
occurs when an employer is succeeded by company.
another employer, the successor-in-interest who
is a buyer in good faith has no liability to TITLE VII- A
employees in continuing employment and (as incorporated by RA 6715)
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor
practice.
GRIEVANCE MACHINERY AND
VOLUNTARY ARBITRATION TITLE VIII
STRIKES AND LOCKOUTS AND
ART 260. GRIEVANCE MACHINERY FOREIGN INVOLVEMENT IN TRADE
AND VOLUNTARY ARBITRATION UNION ACTIVITIES
GRIEVANCE MACHINERY - Mechanism for
CHAPTER I
the adjustment of controversies or
disputes arising from the
STRIKES AND LOCKOUTS
interpretation or implementation of
the CBA and the interpretation or ART. 263. STRIKES, PICKETING AND
enforcement of personnel policies LOCKOUTS
COOLING –OFF PERIOD - that period of time When should the strike vote be
given the NCMB to mediate and conciliate the submitted?
parties.
The report on the strike vote must be the same terms and conditions prevailing
submitted to the DOLE at least 7 days before before the strike or lockout.
the intended strike subject to the cooling-off 4. A motion for reconsideration does not
period. suspend the effects as the assumption order
is immediately executory.
TESTS FOR THE LEGALITY OF A
STRIKE: TOTALITY DOCTRINE:
Compulsory for all employees receiving Monthly income benefit for life equal to
compensation who have not reached the the basic monthly pension effective from the
compulsory retirement age, irrespective of date of the disability. Provided:
employment status, except members of the
Armed Forces and the PNP, subject to the 1. He is in the service at the time of the
condition that they must settle first their financial disability
obligations with the GSIS and contractuals who 2. If separated from service, he has
have no employer and employee relationship paid at least 36 monthly
with the agencies they serve. contributions within the 5 year
period immediately preceding the
Except for the members of the Judiciary disability or has paid a total of at
and constitutional commissions who shall have least 180 monthly contributions prior
life insurance only, all members of the GSIS to the disability
shall have life insurance, retirement and all other
social security protection such as disability, Unless the member has reached the
survivorship, separation and unemployment minimum retirement age, disability benefits shall
benefits. be SUSPENDED when:
1. he is reemployed
2. he recovers from his
COMPUTATION OF SERVICE
disability as determined by
the GSIS, whose decision
The computation of service for the
shall be final and binding
purpose of determining the amount of benefits
3. he fails to present himself
payable shall be from the date of the original
for medical examination
appointment/ election including periods of
when required by the GSIS
service at different times under the authority of
the Republic of the Philippines and those that
may be prescribed by the GSIS in coordination TEMPORARY DISABILITY BENEFITS
with the Civil Service Commission.
All service credited for retirement, 75% of the current daily compensation
resignation or separation for which for each day or fraction thereof of temporary
corresponding benefits have been awarded shall disability benefit not exceeding 120 days in one
be excluded in the computation of service in calendar year after exhausting all sick leave
case of reinstatement in the service of an credits and collective bargaining agreement sick
employer and subsequent retirement or leave benefits. PROVIDED:
separation which is compensable. 1. he is in service at the time of his
disability
2. if separated, he has rendered at
least 3 years of service and has
UNEMPLOYMENT OR INVOLUNTARY
paid at least 6 monthly contributions
SEPARATION BENEFITS
in the 12- month period immediately
preceding the disability
Monthly cash payments equivalent to
50% of the average monthly compensation shall
HOWEVER:
be paid to a permanent employee who is
A member cannot enjoy
involuntarily separated from the service due to
temporary total disability benefit and sick leave
the abolition of his office or position usually
pay simultaneously.
resulting from reorganization.
In no case shall it be less than 1. It has existing labor and social laws
70 pesos a day. protecting the rights of migrant
workers;
SURVIVORSHIP BENEFITS: 2. It is a signatory to multilateral
conventions, declarations or
Upon the death of a member, the resolutions relating to the protection
primary beneficiaries shall be entitled to: of migrant workers;
survivorship pension, PROVIDED: 3. It has concluded a bilateral
a. member was in service at the time of his agreement or arrangement with the
death’ government protecting the rights of
b. if separated from service, has rendered overseas Filipino workers; and,
at least 3 years of service and paid 36 4. It is taking positive, concrete
monthly contributions with the 5- year measures to protect the rights of
period immediately preceding his death migrant workers.
or has paid a total of at least 180
monthly contributions. JURISDICTION
All employees except members of the RA 8042 has transferred to the NLRC
AFP and the PNP shall be compulsorily covered the jurisdiction over employer-employee cases
with life insurance. 1. Money Claims.-, the Labor Arbiters
of the National Labor Relations Commission
PRESCRIPTION OF CLAIMS (NLRC) shall have the original and exclusive
jurisdiction to hear and decide, the claims arising
Claims for benefits under the Act except out of an employer-employee relationship or by
for life and retirement shall prescribe after 4 virtue of any law or contract involving Filipino
years from the date of the contingency. workers for overseas deployment including
JURISDICTION claims for actual, moral, exemplary and other
forms of damages.
GSIS shall have the exclusive and
original jurisdiction to settle any dispute arising LIABILITIES
under the Act and any other laws administered
by the GSIS. The liability of the principal/employer
and the recruitment/placement agency for any
and all claims under this section shall be joint
RA 8042: "MIGRANT WORKERS AND and several. The performance bond to be filed
by the recruitment/placement agency, as
OVERSEAS FILIPINOS ACT 0F 1995" provided by law, shall be answerable for all
money claims, or damages that may be awarded
Approved on 07 June 1995 and took
to the workers. If the recruitment/placement
effect on 15 July 1995. As indicated in its title,
agency is a juridical being, the corporate officers
the law institutes the policies of overseas
and directors and partners as the case may be,
employment and establishes a higher standard
shall themselves be jointly and solidarily liable
of protection and promotion of the welfare of
with the corporation or partnership for the
migrant workers, their families, and of overseas
aforesaid claims and damages.
Filipinos in distress.
GUARANTEE OF PROTECTION FOR Such liabilities shall continue during the entire
OVERSEAS WORKERS period or duration of the employment contract
and shall not be affected by any substitution,
The State shall deploy overseas Filipino amendment or modification made locally or in a
workers only in countries where the rights of foreign country of the said contract.
Filipino migrant workers are protected. The
government recognizes any of the following as a POEA
guarantee for the protection of the receiving
country of the rights of overseas Filipino The POEA retains original and exclusive
workers: jurisdiction to hear and decide:
1. government employees
2. employees already receiving 13th month pay
3. household helpers
4. employees paid purely on commission basis
EMPLOYER Employers in private sector All government agencies and All employers (private or public)
instrumentalities , including GOCCs
COVERAGE
COMPULSORY 1. Employees not over 60 years of age and their 1. Compulsory for all employees Any person compulsorily covered
employers. receiving compensation who have not by GSIS or SSS
2. 2. Domestic helpers whose monthly income reached compulsory retirement age Any person employed as casual,
is not less than P1,000.00. irrespective of employment status. emergency, temporary, substitute
3. Self-employed persons as determined by the or contractual
Commission : a) self-employed professionals; *Including barangay and sanggunian
b) partners and single proprietors; c) actors officials
and actresses, directors, etc; d) professional
athletes, coaches, trainers, etc. and e)
individual farmers and fishermen.
VOLUNTARY 1. Spouses who devote full time to managing of
household and family affairs, UNLESS they
are also engaged in other vocation or
employment which is subject to
MANDATORY coverage.
2. 2. Filipinos recruited by foreign-based
employers for employment abroad.
3. Employees separated from employment by
paying TOTAL contribution (meaning : both
employer and employee’s share)
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
1. AFP
EXEMPTED 1. purely CASUAL and not for purpose or 2. PNP
occupation of the employer. 3. Contractuals who have no employer
EMPLOYMENT
2. Performed in an alien vessel by an employee and employee relationship
if he is employed when such vessel is outside
of the Philippines. * Members of the judiciary and the
3. By the government of the Philippines or Constitutional Commissions – life
instrumentality or agent thereof. insurance only
4. Foreign government of international
organization.
BENEFITS 1. Monthly pension 1. Life Insurance
2. Dependents’ pension 2. Retirement
3. Retirement 3. Disability
4. Death Benefits 4. Survivorship
5. Permanent Disability benefits 5. Separation
6. Funeral 6. Unemployment
7. Sickness
8. Maternity * Life insurance for the members of the
judiciary and constitutional commissions.
BENEFICIARIES
MODE 1. For those with employees – Employee 1. The employer shall deduct each
OF COLLECTION contribution shall be deducted by the month from the salary or compensation of
employees based on an approved schedule. each employee the contribution payment.
Employer shall remit BOTH EMPLOYEE AND Employer shall remit to the system within
EMPLOYER contribution to the system. 10 days the Employer-Employee
2. For self-employed – Self-employed shall pay contributions.
BOTH EMPLOYER AND EMPLOYEE
contributions to the system.
3. For government contribution – remitted to the
SSS within the first 10 days of each calendar
month following the month got which they are
applicable.
ENTITLED TO Member has reached age of 60 or 65. OPTIONAL. Member meets the ff :
RETIREMENT 1. has worked for at least 15 years.
BENEFITS 2. Is at least 60 years of age at time of
retirement, and
3. Is not receiving monthly pension
benefit from permanent total disability
DISABILITIES DEEMED Complete and permanent loss of use of a Complete and permanent loss of a Complete and permanent loss of
PERMANENT PARTIAL digit, limb, ear (or both ears), hearing in one or digit, limb, ear (or both ears), hearing in use of a digit, limb, ear (or both ears),
both ears, or sight in one eye. one or both ears, or sight in one eye. hearing in one or both ears, or sight in
one eye.
SYSTEM EXCUSED For permanent disability in the ff. cases : For all contingencies in the ff. cases :
FROM LIABILITY 1. grave misconduct 1. intoxication
2. notorious negligence 2. willful intent to injure or kill one’s
3. willful intent to kill self or another self or another
4. habitual intoxication 3. notorious negligence
COVERAGE Occurrence of contingency whether or not Occurrence of contingency whether or Work-related illness or injury.
work-connected. not work-connected.
NOTICE Employee to notify employer within 5 days Employee to notify employer within
REQUIREMENT from injury or illness(unless no longer 5 days from injury or illness (unless
necessary under the exceptions) it is no longer necessary under the
Employer to notify SSS within 5 days from exceptions)
notice. Employer to record the same in
logbook within 5 days from notice.
Employer to notify SSS or GSIS
within 5 days from recording in
logbook.
EFFECT OF Legal And eligible claimant may still SSS absolved unless notified of other
ERRONEOUS demand benefits, without prejudice to claim prior to payment.
PAYMENT right of GSIS to sue improper claimant.
DISPUTE SETTLEMENT 1. File claim with SSS. 1. File claim with GSIS. 1. File claim with SSS and GSIS.
2. Appeal to Social Security Commission. 2. Appeal to GSIS Board. 2. Appeal to ECC.
3. Appeal to CA. 3. Appeal to CA. 3. Appeal to CA
4. Appeal to SC 4. Appeal to SC. 4. Appeal to SC
EXCLUSIVENESS OF May Apply for same benefits in EC, if in Whenever other laws provide similar May apply for the same benefits
BENEFITS private sector. benefits for the same contingencies, under SSS, if in the private sector.
May not receive benefits for same members who qualifies has option to May apply for same benefits under
contingency under GSIS offers more (he may choose. If benefits chosen are less GSIS, if in public sector (applying
then receive deficiency) than under GSIS, he may get the Mazo Sugar Central vs CA case.
difference.
However, with respect to work-
connected illness and injuries, he
may also recover in full under ECC,
applying the Mazo Sugar Central vs
CA case.
PRESCRIPTIVE 10 years from the time the right of action 4 years from date of contingency
PERIODS accrues. except life and retirement benefits
5. Cases involving
prohibited acts in strikes
(ART. 264)