Labor Law: Dean Salvador A. Poquiz
Labor Law: Dean Salvador A. Poquiz
Labor Law: Dean Salvador A. Poquiz
As per SC Syllabus
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A. Basic Principles
(3) Protection to labor clause - There is a need to protect labor as the later is
weak and helpless. Without State’s protection, labor which constitutes the
bulk of the population may trigger a social and political disquietude
because of dissatisfaction in life.
(5) Social justice clause – The target of this principles is the common man, the
impoverished, the destitute, the poor people, those in the lower bracket of
society so that those who have less in life should have more in law.
(6) Doctrine of speedy labor justice – This simply means that technical rules
of procedures and evidence are relaxed in labor proceedings, based on the
labor code provision: “technical rules are not binding but prior resent to
amicable settlement.” This is also known as “principles of emancipation
of labor relations.”
C. Management prerogatives
D. Illegal recruitment
(6) Although the recruitment agency and the foreign principal had already
severed their agency agreement at the time the worker was injured, the
recruitment agency can still be sued for violation of the contract if no
notice of termination of the agency agreement with its foreign principal
was given to the OFW.
(1) It is settled labor standards benefits under Book III of the Labor Code such
as money claims exceeding P5,000.00 properly belongs to the jurisdiction
of the Labor Arbiter under Art. 224 of the Labor Code.
(2) May the Secretary of Labor take cognizance of money claims beyond
P5,000.00, for e.g., the million pesos? The answer is yes, if the money
claims are the issues in the exercise of his assumption power under Art.
278(g) of the Labor Code.
(3) May the voluntary arbitrator take cognizance of such money claim? The
answer is also yes, that is, by agreement of the parties.
(4) May the Regional Director of the DOLE take cognizance of money claims
regardless of the amount of the claim? Yes, in the exercise of its visitorial
and enforcement powers under Art. 128 of the Labor Code.
(5) May the Regional Director take cognizance of money claim in the amount
of P5,000.00 pesos or below? Yes, in the exercise of its adjudicative
function under Art. 129 of the Labor Code with the following elements/
requirements:
(a) A complaint filed by any employee or househelper,
(b) The claimant, no longer employed, does not seek reinstatement, and
(c) The aggregate amount of the claim does not exceed P5,000.00.
(1) Labor contracting is against the law; therefore, totally and absolutely
prohibited.
(2) What is the legal effect if there is finding of labor-only contracting? The
labor-only contractor is treated merely as an agent or intermediary of the
principal or indirect employer.
(a) The legitimate job contractor provides the services; while, the labor-
only contractor provides only the manpower.
(b) In job contracting, the principal is considered an indirect employer;
while, in labor-only contracting, the principal is the direct employer.
(c) In job contracting, there exists no employer-employee relationship
between the employees of the job contractor and the principal; while,
in labor-only contracting there exists employer-employee
relationship between the principal and employees supplied by the
labor-only contractor.
(d) In job contracting, the solidary obligation of the principal and the
legitimate job contractor is only for a limited purpose, that is, to
ensure that the employees are paid of their wages; while, in labor-
only contracting, the principal is liable for the payment of wages of
employees supplied by such labor-only contractor, the principal
being treated as a direct employer.
G. Law on Dismissal
A. Law on Dismissal
1. Security of Tenure – is the right of a worker to continue in
employment until the same is terminated for a valid cause (just or
unauthorized).
Types of Dismissal
Authorized Causes
(a) Serious insult – any act of the employer that injures or wounds
the feelings of an employee which may compel the latter to quit
his job results in constructive dismissal.
(b) Unbearable treatment – any act that affects the mind and body
such as it produces a reasonable apprehension of physical
violence, causes mental distress and sorrow which compelled
an employee to resign, results in constructive dismissal.
(c) Commission of a Criminal Offense by the employer against the
person of an employee – such as slapping the employee plus
the threat of scratching her face with a pair of scissors
constitutes an offense will justify employee’s act of severing
employer-employee relationship.
Note: In constructive dismissal, the most significant element is quitting
from the job.
A. Regular Employment
(2) By years of service – the employee renders services for at least one
year of service, whether such service is continuous or broken, with
respect to the activity in which he is employed.
Note: The employer and the employee can agree on probation below six (6)
months which is favorable to the employee. Also, they can agree beyond six (6)
months especially if the nature of the job requires extensive training (PLDT
Ruling).
(6) Casual employee – who has rendered at least one year of service, a
regular employee.
(9) Non-project employees belonging the work pool who are not
allowed to provide their services to other employers.
The NLRC exercises its adjudicatory functions and all other powers
and duties through its divisions. The Divisions of the NLRC have
exclusive appellate jurisdiction over cases within their respective
territorial jurisdiction (Mina v. NLRC, 14 July 1995).
(a) Unfair labor practices. Except - ULP cases under the assumption
power of the President of Secretary of Labor in a vital industry
dispute or by agreement pf the parties through voluntary
arbitration.
(b) Termination disputes. Except – termination disputes under the
assumption power of the President of Secretary of Labor or by
agreement of the parties through voluntary arbitration.
(c) Money claims in excess of Php 5,000.00. Except – money claims
under the assumption power of the President or Secretary of Labor,
by agreement of the parties through voluntary arbitration or through
the exercise by the Regional Director of the DOLE of its visitorial
(inspection) or enforcement powers.
(d) Damages. An award of damages is brought about by his illegal
dismissal. The purpose of damages is indemnity not punishment but
to alleviate the moral suffering he has undergone by virtue of his
unwarranted dismissal.
(e) All matters that pertain to any concerted activity such as strike,
picketing, lockouts, etc.
(f) All claims that have reasonable causal connection with employer-
employee relationship.
Note: With employer-employee relationship – labor tribunals; without
employer-employee relationship – regular courts.
(a) The aggregate amount of money claim does not exceed Php5,000.00.
(b) Claims for employee’s compensation, social security, Philhealth and
maternity benefits.
(c) Claim for liquidated damages for breach of non-compete provision
in an employment contract is an intrinsically a civil dispute.
(d) Delito, quasi-delito or tort
(e) Intra-corporate cases such as dismissal of corporate officers shall be
cognizable by the Regional Trial Court acting as corporate court
under Securities Code of 2000.
The corporate officers are those mentioned in the Corporation
Code and the by-laws. It is settled the Board of Directors can no
longer create corporate offices through Board Resolutions because
their power to create such offices cannot be delegated (Matling
Industrial and Commercial Corp., v. Corros, G.R. No. 157802, 13
October 2010).
(f) Dismissal case filed against a local water district is governed by the
Civil Service Law.
(g) cases involving government -owned or controlled corporations with
original charters are governed by Civil Service Law (P.D. 807, as
amended).
6. NLRC Powers
(a) Contempt power – the NLRC has the power to hold a person in
contempt and impose appropriate penalties for any misbehavior or
misconduct that may obstruct the exercise of its powers and
functions.
(b) Injunctive power – the purpose of an injunctive writ is to preserve
the status quo until the merits of the case are fully heard. The
issuance requires a hearing at which parties are given the
opportunity to be heard. May the NLRC issue a Temporary
restraining Order ex parte? Yes. Reason – it is a mere interlocutory
order which contemplates further hearing for the application of a
temporary injunction upon notice to the adverse party. Indeed, it can
be issued without notice and hearing when the urgency of the
situation or extreme necessity demands (Bisig v. NLRC, 226 SCRA
499).
8. Position paper proceedings, not violative of due process Labor cases can
be decided on the basis of position papers and other documents without
resorting to technical rules of procedure and evidence observed in the
court of justice. Such a procedure complies with the requirements of due
process (Asia World v. Ople, 152 SCRA 219).
12. Receipt of evidence for the first time on appeal, allowed It is settled the
NLRC is not precluded from receiving evidence, even for the first on
appeal, because technical rules of procedure are not binding in labor cases
v. NLRC; G.R. No. 148372, 27 June 2005).
16. NLRC decision subject to petition for certiorari pursuant to St. Martin’s
Funeral Home ruling the party adversely affected by the NLRC decision
may obtain a review and nullification of that decision through the
extraordinary writ of certiorari under Rule 65 to be initially filed with the
Court of Appeals under the doctrine of hierarchy of Courts.
17. Petition for review on certiorari to the Supreme Court from the decision of
the Court of Appeals under Rule 45 The appeal from a final disposition of
the Court of Appeals is a petition for review on certiorari under Rule 65.
Under Rule 45, the reglementary period to appeal is fifteen (15) days from
notice of judgment or denial of the motion for reconsideration (ATC v.
CA; G.R. 144664, 16 March 2004).
(a) When the factual findings of the Labor Arbiter, the NLRC and
the Court of Appeals are contradictory or diametrically
opposed to each other.
(b) When the conclusions of the CA are based on speculations,
surmises, conjectures and misapprehension of facts.
(c) When the CA failed to consider facts which if properly
considered would justify a different conclusion (Bascon v. CA;
G.R. No. 144899, 5 February 2004).
(a) CBA is not registered. Since it is not registered, it will not bar
certification election;
(b) CBA is incomplete/inadequate (sweetheart contract);
(c) CBA was prematurely extended;
(d) Mass disaffiliation from the majority union (schism or split); and
(e) CBA entered into during the pendency of a petition for certification
election.
(a) Globe election test – which is the express will or desire of the
employee’s test.
(b) Community or Mutuality of Interest Test – is reflected in groups
having substantial similarity of work and duties or similarity of
compensation and working condition.
(c) Prior collective bargaining history test – In determining the proper
bargaining unit, another test is the prior history (past history) of
collective bargaining between the proposed bargaining unit and the
employer. Simply stated, past history of collective bargaining
process is resorted to in order to determine the proper bargaining
unit.
1) Contract-bar rule;
2) Outside of the freedom period rule;
3) One-year bar rule;
4) Deadlock-bar rule;
5) Charge of company unionism rule;
6) Negotiation-bar rule;
7) Appeal-bar rule;
8) Not listed in the registry of unions rule.
(a) To hear and decide all grievances arising from the interpretation or
implementation of the CBA and company personnel policies.
(b) To hear and decide wage distortion issues in unionized
establishment.
(c) To hear and decide grievances arising from the interpretation or
implementation of the Productivity Incentive Program under R.A.
6971.
(a) To hear and decide all other disputes including ULPs and
bargaining deadlocks by agreement of the parties.
(b) To hear and decide termination cases by agreement of the parties.
(a) To hear and decide on all matters collateral to the main case subject
of Submission Agreement such as award of reinstatement and
backwages in illegal dismissal case (Ludo and Luym Corp. v.
Saordino, 20 January 2003). It includes all matters cognizable by the
Labor Arbiter but referred to voluntary arbitration by agreement of
the parties such as money claims and legality/illegality strike and
lockout (San Jose v. NLRC, 17 August 1998).
(a) Authorized – with the approval of the majority of the total union
membership.
(b) Unauthorized (wildcat) – without the approval of the union
membership.
(c) General – it is a sympathetic, political type of strike that covers a
wider region or territory of a State. Example: Welga ng Bayan
(d) Particular – it is limited in scope as it is staged in a particular plant
or a single occupation or trade.
(e) Slowdown – the workers try to reduce production to compel the
employer to grant their wishes.
(f) Sit down – the workers remain in the plant but refuse to work and
their machines or tools remain idle.
(g) Quickie – it is related to slowdown which is characterized by brief
work stoppage for a period of few minutes or hours.
(h) Sympathetic – staged in the absence of employer-employee
relationship.
(i) Political – it resembles that of general strike staged in redress of
grievances against the government. This is also known as cause-
oriented strike.
(j) Unfair labor practice – staged in violation of right to self-
organization.
(k) Economic – staged as a result of bargaining deadlock.
(l) Union recognition strike – staged to compel the employer to
recognize the union as the bargaining agent.
(m) Good Faith – staged by the union (without compliance with strike
requirements) on the belief that the employer was committing an
unfair labor practice which was later found to be untrue. According
to the Supreme Court, it is illegal because good faith is not a defense
in a strike (Grand Boulevard Hotel v. Dacanay, G.R. No. 153655, 18
July 2003).
Illustration:
(1) Economic strike – 30-day cooling-off period plus 7-day strike
ban equals 37 days; but a strike is staged only on the 38th day.
(2) Unfair labor practice strike – 15-day cooling-off period plus 7-
day strike ban equals 22 days; but a strike is staged only on the
23rd day.
In an illegal strike, union officers are liable for dismissal under the
doctrine of vicarious liability.
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