I.

GENERAL PRINCIPLES -

A. Basic policy in Labor -

The State shall a ord: protection to labor, promote The State shall assure the rights of the workers to:
full employment, ensure equal work opportunities self organization, collective bargaining, security of
regardless of sex, race or creed, and regulate the tenure, and just and humane conditions of work.
relations between workers, and employers.
- SOCIAL JUSTICE - neither communism, nor despotism, nor atomism, nor anarchy but the
HUMANIZATION OF LAWS AND EQUALIZATION OF SOCIAL AND ECONOMIC FORCES BY
THE STATE so that justice in its rational and objectively secular conception may at least be
approximated.

B. Construction in favor of labor - All counts in the implementation and interpretation of the
provisions of the Labor Code, including its implementing rules and regulations, shall be
RESOLVED IN FAVOR OF LABOR. - (Liberal Construction): it means that IF DOUBT EXISTS
BETWEEN THE EVIDENCE PRESENTED BY THE EMPLOYER AND EMPLOYEE, THE
SCALE OF JUSTICE SHALL BE TILTED IN FAVOR OF THE LATTER.
- LIMITATIONS TO THE LIBERAL CONSTRUCTION OF THE LABOR CODE:
1. If the provision is clear and unambiguous, it must be applied in accordance with its
express terms;
2. The law also recognizes that management has rights, which are also entitled to
respect and enforcement in the interest of fair play;

C. Burden of proof and quantum of evidence in labor cases - the standard of proof is
SUBSTANTIAL EVIDENCE, such amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion.

D. Legal basis under the 1987 Constitution, Civil Code and Labor Code -
1987 CONSTITUTION CIVIL CODE
1. ART. 2: DECLARATION OF PRINCIPLES AND STATE POLICIES: 1. Every person must, in the exercise of his rights and in the
- State shall promote a just and dynamic social order that will ensure the performance of his duties, act with justice, give everyone
prosperity and independence of the nation and free the people from poverty his due, and observe honesty and good faith;
through policies that provide adequate social services, promote full 2. Every person who contrary to law, willfully or negligently
employment, a rising standard of living, and an improved quality of life for all; causes damage to another, shall compensate the latter
- State shall promote social justice in all phases of national development for the same;
- State recognizes the role of women in nation-building and ensure the 3. Any person who willfully causes loss or injury to another
fundamental equality before the law of women and men; in a manner contrary to morals, good customs, or public
- Sate a rms labor asa primary social economic force. It shall protect the policy shall compensate the latter for the damage;
rights of the workers and promote their welfare; 4. The relations between capital and labor are not merely
- State recognizes the indispensable role of the private sector, encourages contractual. They are so impressed with public interest
private enterprises, and provides incentives to needed investments that labor contracts must yield to the common good.
2. ART. 3: BILL OF RIGHTS: Therefore, such contracts are subject to the special laws
- No person shall be deprived of life, liberty, or property without due process of on labor unions, collective bargaining, strikes and
ale, nor shall any person be denied the equal protection of the laws; lockouts, closed shop, wages, working conditions, hours
- No law shall be passed abridging the freedom of speech, of expression, or of of labor and similar subjects;
the press, or the right of the people peaceably to assemble, and petition the 5. Neither capital nor labor shall act oppressively against the
government for redress of grievances other or impair the interest or convenience of the public;
- Right f the people, including those employed in the public and private 6. In case of doubt, all labor legislations and all labor
sectors, to form unions, associations, or societies for purposes not contrary contracts shall be construed in favor of the safety and
to law shall not be abridged decent living for the laborer;
- No law impairing the obligation of contracts shall be passed 7. No contract which practically amounts to involuntary
- All persons shall have the right to a speedy disposition of their cases before servitude, under any guise whatsoever, shall be valid;
all judicial quasi-judicial, or administrative bodies 8. The laborer’s wages shall not be subject to execution or
- No involuntary servitude in any form shall exist except as a punishment for a attachment, except for debts incurred for food, shelter,
crime whereof the party shall have been duly convicted. clothing and medical attendance.
3. ART. 12: NATIONAL ECONOMY AND PATRIMONY: 9. The employer shall neither seize nor retain any tool or
- the State shall promote the preferential use of Filipino labor, domestic other articles belonging to the laborer
materials, and locally produced goods, and adopt measures that help make 10. Dismissal of laborers shall be subject to the supervision
them competitive of the government, under special laws.
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 WHO ARE COVERED BY NOT COVERED BY LABOR CODE
LABOR CODE
- all rights and bene ts granted to 1. Corporate o cers involved in intra-corporate disputes - they fall under the
workers under the Labor Code shall jurisdiction of the SEC.
apply to ALL WORKERS, whether 2. Employees of government-owned or controlled corporations (GOCC) created by
agricultural or non-agricultural, special or original charter. Such employees are governed by the Civil Service,
including employees in a 3. Local water districts; XPN: when NLRC jurisdiction is voluntarily invoked to secure
government corporation a rmative relief, the party is estopped from denying that very same jurisdiction.
incorporated under the Corporation 4. Foreign governments
Code, EXCEPT as may be 5. International agencies
otherwise provided herein. 6. Government agencies which are covered by the civil service rules and regulations.

II. RECRUITMENT AND PLACEMENT OF WORKERS

A. Recruitment and placement (Labor Code and R.A. No. 8042, as amended by R.A. No.
10022) - is any act of canvassing, enlisting, transporting, contracting, hiring, utilizing or
procuring workers, and includes contract services, referrals, advertising, or promising for
employment, locally or abroad, whether for pro t or not;
- provided that any person or entity which, in any manner, o ers or promises for a
fee employment to two or more persons shall be deemed engaged in
recruitment and placement.

1. Illegal recruitment and the prohibited activities - ILLEGAL RECRUITMENT refers to

any recruitment activity undertaken by non-licensees or non-holders of authority. It
includes the act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
procuring, referrals, contract services and advertising.
ILLEGAL PROHIBITED ACTS:
RECRUITMENT
- any recruitment
activity undertaken by 1. ILLEGAL EXACTION - Charging or accepting directly or indirectly, any amount greater than that speci ed in
the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount
non-licensees or non- greater than that actually received by him as a loan or advance;
holders of authority. 2. FALSE INFORMATION - To furnish or publish any false notice or information or document in relation to
- It includes the acts of recruitment or employment
canvassing, enlisting 3. FALSE STATEMENTS -
contracting, 4. PIRATING - to induce or attempt to induce a worker already employed to quit his employment in order to
transporting, utilizing, o er him unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment.
hiring, procuring,
5. INFLUENCING NOT TO EMPLOY - to in uence or attempt to in uence any person or entity not to employ
referrals, contract any worker who has not applied for employment through his agency or who has formed, joined or supported,
services and or has contacted or is supported by any union or workers’ organization.
advertising. 6. HARMFUL JOBS - to engage in the recruitment or placement of workers in jobs harmful to public health or
Note: morality or to the dignity of the Republic of the Philippines;
- Any person, whether 7. OBSTRUCT INSPECTION -
8. ALTERATION OF CONTRACTS -
a non-licensee of
9. FAILURE TO COMPLY WITH THE RULES AND REGULATIONS
holder of an authority 10. TRAVEL AGENCY OFFICERS RECRUITING - for an o cer or agent of a recruitment or placement agency to
may be liable for become an o cer or member of the Board of any corporation engaged in Travel agency or to be engaged
illegal recruitment. directly or indirectly in the management of a travel agency;
However in case the 11. WITHHOLDING TRAVEL DOCUMENTS - to withhold or deny travel documents from applicant workers
before departure for monetary or nancial considerations, or for any other reasons, other than those
o ender is a holder of
authorized under the Labor Code and its implementing Rules and Regulations;
a license or an 12. UNJUSTIFIED N0N-DEPLOYMENT - failure to actually deploy a contracted worker without value reason as
authority, he must determined by the DOLE;
have committed any 13. NON-REIMBURSEMENT UPON FAILURE TO DEPLOY - failure to reimburse expenses incurred by the
of the prohibited acts. worker in connection with his documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker’s fault;
14. DELEGATION TO AN ALIEN - to allow a non-Filipino citizen to head or manage a licensed recruitment/
manning agency.
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 OTHER PROHIBITED ACTS IN CONDUCTING RECRUITMENT FOR OVERSEAS EMPLOYMENT:
1. Granting a loan to an overseas Filipino worker with an INTEREST EXCEEDING 8% per annum
2. Imposing a COMPULSORY AND EXCLUSIVE ARRANGEMENT whereby an overseas Filipino worker
is required to undergo health examinations only from speci cally designated medical clinics,
institutions, entities or persons, EXCEPT in the case of a seafarer whose medical examination cost is
shouldered by the principal/ship owner.
3. Refusing to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter’s
employment contract has been prematurely terminated through no fault of his/her own;
4. For a recruitment/manning agency or a foreign principal/employer to pass on the Overseas Filipino
Worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other
insurance related charges, as provided under the compulsory worker’s insurance coverage;
5. Imposing a compulsory and exclusive arrangement whereby an OFW is required to avail of a loan
only from speci cally designated institutions, entities or persons
6. For a suspended recruitment agency to engage in any kind of recruitment activity including the
processing of pending workers applications; and
7. Imposing a compulsory and exclusive arrangement whereby an OFW is required to undergo training,
seminar, obstruction or schooling of any kind only form speci cally designated institutions, entities,
or persons, except for recommendatory trainings mandated by principals/shipowners where the
latter shoulder the cost of such trainings.

a. Elements:
b. Types of illegal recruitment:
1. SIMPLE ILLEGAL 2. ILLEGAL RECRUITMENT BY ECONOMIC SABOTAGE
RECRUITMENT
Who commits it: TYPES:
1. By any person who is NEITHER a 1. In a LARGE SCALE,
licensee nor a holder of authority 2. By a syndicate
AGAINST 1 OR 2 persons only;
2. By any person who is a licensee or
holder of authority who commits any
of the prohibited practices

ELEMENTS: ELEMENTS OF LARGE-SCALE RECRUITMENT:

1. That the o ender has NO VALID 1. The o ender has NO VALID LICENSE or authority required by law
LICENSE OR AUTHORITY required to enable one to lawfully engage in recruitment and placement of
by law to enable him to lawfully workers;
engage in the recruitment and 2. That the o ender undertakes any of the activities within the
placement of workers; meaning of recruitment and placement or any of the prohibited
2. That the o ender undertakes any practices enumerated in Article 34 of the LC
activity within the meaning of 3. That the o ender commits said acts AGAINST 3 OR MORE
recruitment and placement or any PERSONS or AS A GROUP.
prohibited practices enumerated ELEMENTS OF ILLEGAL RECRUITMENT BY A SYNDICATE:
under Article 13 (b) of LC. 1. The accused have NO VALID LICENSE or authority required by
law to enable them to lawfully engage in the recruitment and
- it is also committed by a LICENSEE OR placement of workers;
HOLDER of authority. It may be charged 2. The accused engaged in this activity of recruitment and
with illegal recruitment only when it placement by actually recruiting, deploying and transporting, and
commits any of the wrongful acts. 3. Illegal recruitment was COMMITTED BY 3 PERSONS
CONSPIRING AND CONFEDERATING with one another.
c. Illegal recruitment v. estafa - A person who has committed illegal recruitment may be charged and
convicted separately of illegal recruitment under the LC and estate under Article 315 of the RPC.
ILLEGAL RECRUITMENT ESTAFA

- malum prohibitum, where the criminal intent of the accused - malum in se, where the criminal intent is NECESSARY for
is NOT necessary for conviction; Labor Code conviction;RPC.
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 1. Liability of local recruitment agency and foreign employer -
a. Solidary liability - The nature of liability of the foreign principal/employer and the
licensed local recruitment agency is JOINT AND SEVERAL (SOLIDARY) for any claims
arising out of the implementation of the employment contract involving OFWs.
PERFORMANCE BOND to be led by the recruitment/placement agency - shall be
answerable for all money claims or damages that may be awarded to the workers.
A B S O L U T E INSTANCES WHEN A LOCAL RECRUITMENT T E R M I N AT I O N O F T H E
SOLIDARY LIABILITY AGENCY MAY BE EXEMPTED FROM SOLIDARY SOLIDARY LIABILITY OF
OF THE CORPORATE LIABILITY: FOREIGN EMPLOYER AND
OFFICERS OF 1. When the worker persuades the local LOCAL RECRUITMENT
RECRUITMENT representative of the principal or recruiter to AGENCY
AGENCY send him abroad to work despite the refusal of - if either or both of the parties
- it is intended to give said local representative or recruiter to acted decide to end the agreement,
utmost protection to to the request due to the unstable condition in the responsibilities of such
OFW, who may not the area of work desired by SIGNING A parties towards the contracted
have the resources WAIVER rendering the local representative or employees under the
to pursue her recruiter free from any liability; agreement do not at all end,
money claims and 2. When the workers were recruited ostensibly but the same extends up to and
damages against under the name of the supposed recruitment until the expiration of the
the foreign principal/ agency without the latter’s consent and employment contracts of the
employer in another knowledge. e m p l o y e e s re c r u i t e d a n d
country employed.
b. Theory of imputed knowledge - ascribes the KNOWLEDGE of the agent to the
principal, not the other way around. The knowledge of the principal-foreign employer
cannot, therefor, be imputed to it its agent.
- SUNACE case: Sunoco, the agency, was not aware of or was ignorant of the
employment extension between the principal and the employee, hence, the agency was
free from liability.

2. Entities prohibited from recruiting -

FOR OVERSEAS EMPLOYMENT: FOR LOCAL EMPLOYMENT

1. Travel agencies and sales agencies of airline companies 1. have pending cases with probable cause
2. O cers or members of the Board of any corporation or partners in a or convicted of illegal recruitment,
partnership engaged in the business of a travel agency tra cking in persons, Anti-child labor law
3. Corporations and partnerships, where any of its o cers, member of the violation, or crimes involving morel
Board or partners is also an o cer, member of the board or partner of a turpitude;
corporation or partnership engaged in the business of a travel agency; 2. agencies, proprietors, partnerships
4. Individuals partners, o cers or director of an insurance company who corporations whose licenses have been
make, propose or provide an insurance contract under the compulsory previously revoked or cancelled by the
insurance coverage for agency-hired OFWs; DOLE under these rules
5. Sole proprietorship, partners or o cers and members of the board with 3. Cooperatives whether registered or not
derogatory records, such as, but not limited to the following: under the Cooperative Act of the
- those convicted, or against whom probable cause or prima facie nding of Philippines;
guilt, for illegal recruitment, or for other related crimes or o enses, or for 4. Law enforcers and any o cial or
crimes of moral turpitude employee of the DOLE;
- Those agencies whose licenses have been revoked for violation of RA 8042 5. Current PEA licensed sole proprietors;
- Those agencies whose licenses have been cancelled, or those who were 6. Sole proprietors, partnerships or
included in the list of persons with derogatory record for violation of corporations licensed to engage in
recruitment laws and regulations private recruitment and placement for
6. Any o cial or employee of the DOLE, POEA, OWWA, DFA, DOJ, BI, local employment are prohibited form
NLRC, TESDA, CFO, NBO, Civil Aviation Authority of the Philippines, engaging in job contracting or
international airport authorities and other government agencies subcontracting activities; and
directly involved in the implementation of RA No. 8042 and/or any of his/her 7. Technical-vocational institutions and
relatives within the 4th civil degree of consanguinity or a nity. other training institutions.
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 3. Cancellation of license or authority -
LICENSE AUTHORITY WHO MAY SUSPEND AND/OR CANCEL A
LICENSE OR AUTHORITY

- means a document - means a document - power to suspend and/or cancel license or

issued by the DOLE issued by the DOLE authority to recruit employees for OVERSEAS
authorizing a person or authorizing a person or employment is CONCURRENTLY vested with the
entity to OPERATE A association to engage POEA and the Secretary of Labor.
PRIVATE employment in RECRUITMENT AND
agency PLACEMENT
ACTIVITIES as a private
recruitment entity

TO WHOM ISSUED: TO WHOM ISSUED: 1. Minister of Labor - for violation of rules and
- private - private regulations issued by the Minister of Labor,
EMPLOYMENT RECRUITMENT agency Overseas Employment Development Board, or
agency violations of the provisions of this and other
applicable laws;
2. POEA - for failure to maintain the required
quali cations or conditions for the issuance of a
license.

GROUNDS FOR “AUTOMATIC REVOCATION” GROUNDS FOR “SUSPENSION OR

OF LICENSE CANCELLATION” OF LICENSE:

1. EXPIRATION of the principal’s/employer’s 1. UNJUSTIFIED REFUSAL to assist/repatriate

business license or cessation of business or distressed OFW/s;
recruitment activity, after a period of 1 year 2. DELIBERATE VIOLATION/NON-COMPLIANCE
from expiration or cessation; of the principal/employer with its contractual
2. Upon WRITTEN MUTUAL AGREEMENT by the obligations to its hired OFWs;
principal/employer and the licensed 3. CONTINUED PROCESSING AND
recruitment agency to terminate the DEPLOYMENT of the OFWs for the principal/
agreement; employer will LEAD TO FURTHER
3. When the principal/employer is meted the EXPLOITATION of any or all of its applicants
penalty of disquali cation from participation in and OFWs or POSE IMMINENT DANGER to
the overseas employment program, and the lives and safety of its OFWs; or
4. Failure to comply with the undertaking 4. When found to have HIRED AND EMPLOYED
submitted as requirement for accreditation an OFW who is either a MINOR, or below the
prescribed minimum age requirement;

4. Termination of contract of migrant worker without just or valid cause -

PROCEDURAL DUE PROCESS THAT MUST BE OBSERVED IN THE TERMINATION OF
EMPLOYMENT:
1. WRITTEN NOTICE of the charges against him. The employer is bound to furnish him 2
notices:
a. The written charge, and
b. Written notice of dismissal in case that is the penalty imposed
2. FORMAL INVESTIGATION where he can defend himself personally or through a
representative before he can be dismissed and disembarked from the vessel
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 REMEDIES OF AN EMPLOYEE WHOSE SERVICE WAS REMEDIES OF AN
TERMINATED “WITHOUT” JUST, VALID OR AUTHORIZED CAUSE: EMPLOYEE WHOSE
“SALARY” HAS BEEN
REDUCED WITHOUT ANY
AUTHORIZATION

1. FULL REIMBURSEMENT of his placement fee with an interest of 1. Refund of the deductions
12% per annum; made;
2. Salaries for the unexpired portion of his employment contract 2. With interest of 12% per
- SAMEER case: the clause “or 3 months for every year of the annum, form the date the
unexpired term, whichever is less” is unconstitutional because it deduction was made.
violates not just the petitioner’s right to equal protection, but also he
right to substantive due process
3. Exemplary, moral, and other forms of damages if the acts or
omission of the employer is tainted with bad faith, malice or fraud.

GR: RESPONSIBILITY OF REPATRIATION: XPN to agency’s primary responsibility

- Repatriation of the worker and the transport of his OWWA, in coordination with appropriate international
personal belongings shall be the primary agencies shall take charge of the repatriation of the
responsibility of the AGENCY, which recruited or following:
deployed the worker overseas. 1. War
- The repatriation of REMAINS (dead body) and 2. Epidemic
transport of the personal belongings of a deceased 3. Disaster or calamities
worker and all costs attendant thereto shall be 4. Natural or man-made, or other similar events
borne by the PRINCIPAL and/or the LOCAL 5. Where the principal or recruitment agency cannot be
AGENCY. identi ed

1. Ban on direct hiring, exceptions -

GENERAL EXCLUDED from the ban on direct hiring:
RULE:

- No 1. Members of the diplomatic corps;

employer may 2. International organizations;
hire a Filipino 3. Heads of state and government o cials with the rank of at least deputy minister;
worker for 4. Other employers as may be allowed by the Secretary of Labor and Employment, such as:
overseas a. Those provided in (1), (2) and (3) who bear a lesser rank, if endorsed by the Philippine
employment, Overseas Labor O ce (POLO), or Head of mission in the absence of the POLO.
except b. Professional and skilled workers with duly executed/authenticated contracts containing terms
through the and conditions over and above the standards set by the POEA.
Boards ad c. Workers hired by a relative/family member who is a permanent resident of the host country
entities employment
authorized by 5. Name hires - individual workers who are able to secure contracts for overseas employment
the Secretary on their OWN EFFORTS and representations without the assistance or participation of any
of Labor. agency. Hiring shall pass through the POEA for processing purposes.

B. Employment of non-resident aliens - NON-RESIDENT ALIEN - any alien already in

the Philippines or seeking admission to the Philippines to obtain employment in any
public or private enterprise. Must obtain AEP (Alien Employment Permit).
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 RULES ON ISSUANCE OF RULES OF VALIDITY OF AEP (ALIEN EMPLOYMENT
EMPLOYMENT PERMIT OF NON- PERMIT) AND EFFECT OF TRANSFER AND CHANGE OF
RESIDENT POSITION:
1. Any alien seeking admission to the Period of validity: 1 year unless granted a longer period, as stated in
Philippines for employment purposes; the employment contract or other modes of engagement, but in no
and case exceed 3 years.
2. Any domestic or foreign employer 1. Only 1 AEP shall be issued to a foreign national;
who desires to engage an alien form 2. Failure to claim the AEP card within 10 working days from the
employment in the Philippines date of noti cation of its liability shall be ground for revocation;
- shall OBTAIN AN EMPLOYMENT 3. AEP shall remain valid until it expires, for the same position,
PERMIT from the DOLE. despite the transfer of the company to another location;
- Employment permit may be ISSUED to 4. Existing AEP shall remain valid in case the foreign nationals has
a non-resident or to the applicant been transferred or subsequently assigned to related companies
employer after a DETERMINATION OF in another region. The employer shall notify the concerned DOLE-
NON-AVAILABILITY of a person in the RO of any transfer or reassignment of foreign national within 10
Philippines who is competent, able and working days
willing at the time of application to 5. In case of any change in the foreign national’s position or
perform the services for which the alien employer, he/she shall be required to le a new application for
is desired. AEP and surrender the previously issued AEP card for
nulli cation.

EXEMPTED FROM SECURING AEP EXCLUDED FROM SECURING AEP

- request for CERTIFICATE OF EXEMPTION from - secure CERTIFICATE OF EXCLUSION from
DOLE-RO concerned. DOLE-RO concerned.
1. Accredited o cers and personnel of International 1. Members if the Governing board with voting
organizations of which the Philippine government has rights only and do not intervene in the
entered into an agreement with, and their dependent management of the corporation or in the day-to-
spouse desiring to work in the Philippines; day operation of the enterprise;
2. Foreign national who come to the Philippines to teach, 2. President and Treasurer who are part-owner of
present and/or conduct research studies in universities the company;
and colleges as visiting, exchange or adjunct 3. Intra corporate transferee who is manager,
professors under formal agreements between the executive or specialist in accordance with Trade
universities or colleges in the Philippines and foreign Agreements and an employee of the foreign
universities or colleges; or between the Philippine service supplier for at least 1 year prior to
government and foreign government, subject to the deployment to a branch, subsidiary, a liate or
rules of reciprocity; representative o ce in the Philippines;
3. All foreign nationals granted exemption by law; 4. Contractual service supplier who is a manager,
4. Foreign nationals who are o cers, sta , and executive or specialist and an employee of a
employees working in the embassy by reason of extra- foreign service supplier which has no
territoriality principle; commercial presence in the Philippines:
5. Refugees and Stateless persons - who enters the Philippines temporarily to supply
6. Dependent spouse of any member of the diplomatic a service pursuant to a contract between his/her
corps, provided there is an existing reciprocity employer and a service consumer in the
agreement and/or exchange of notes between the Philippines;
Philippine government and their respective countries of - Must possess the appropriate educational and
origin; professional quali cations; and
7. Permanent resident foreign nationals and probationary - Must be employed by the foreign serivice supplier
or temporary resident visa holders; for at least 1 year prior to the supply of service in
8. Foreign nationals who are o cers and sta of the Philippines.
peacekeeping or International organizations, either 5. Authorized representative of the Foreign
deployed in the Philippines or invited by the NGOs, Principal/Employer assigned in the O ce of
provided that they will not engage in any gainful Licensed Manning Agency.
employment in the Philippines.
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 WHEN TO APPLY GROUNDS FOR DENIAL OF APPLICATION FOR AEP OR RENEWAL
RENEWAL OF THEREOF:
AEP:
- led as early as - denied by the Regional Director:
60 days before 1. Submission of falsi ed documents;
its expiration. 2. Conviction of a criminal o ense or a fugitive from justice in the country or
- Application may abroad;
be led earlier in 3. Grave misconduct in dealing with or ill treatment of workers;
case the foreign 4. Misrepresentation of facts in the application including fraudulent
national needs misrepresentation
to leave the 5. Availability of a Filipino who is competent, able and willing to do the job
country or any 6. Worked without a valid AEP for more than a year;
other similar 7. Application for renewal with expired visa or with temporary visitor’s visa.
circumstances 8. Submission of tampered or fraudulent documents;
that will hinder 9. Submission of a visa not in accordance with applicable rules and regulations;
the ling of 10. Meritorious objection led by a Filipino citizen who is competent, able and
renewal within willing to do the job
the said period. 11. Veri ed information against the employment of the foreign national
PROHIBITION AGAINST TRANSFER OF EMPLOYMENT:
1. Aliens shall not transfer to another job or change is employer without prior approval of the Secretary of Labor;
2. Non-resident alines shall not take up employment in violation of the provisions of the Code.
GROUNDS FOR REVOCATION OF AEP GROUNDS FOR CANCELLATION OF AEP

- Regional Director may, mote propio or upon 1. DOLE-RO, upon request of the employer, may
petition cancel o revoke an AEP after due issue an ORDER for cancellation of an AEP of
process a foreign national for termination of the latter’s
1. Foreign national has been CONVICTED or employment contract or validity period of
FOUND GUILTY OF A CRIMINAL OFFENSE or AEP;
a FUGITIVE from justice based on a veri ed 2. Foreign national may also REQUEST for the
information; cancellation of his/her existing AEP provided a
2. MERITORIOUS OBJECTION led by a Filipino clearance or certi cation is issued by his/her
citizen who is competent, able and willing to original employer.
do the job intended for or being performed by
the foreign national; REMEDY FOR DECISION OF THE DOLE-RO:
3. VIOLATION or NON-COMPLIANCE of other - APPEAL to DOLE Secretary, after a motion
pertinent provisions of this rules and for reconsideration with the order issued by the
regulations, Labor Code, and other guidelines DOLE-RO has been denied (MR to DOLE-RO
for the issuance of the AEP; denied - Appeal to DOLE Secretary)
4. VERIFIED INFORMATION on grave misconduct - Appeal may be led within 10 days from
in dealing with or ILL TREATMENT OF receipt of a copy of the order of the DOLE-RO.
WORKERS led with the DOLE-RO against the
foreign national; EFFECT OF DENIAL OR REVOCATION OF AEP:
5. VERIFIED INFORMATION against the 1. If REVOKED because FN is convicted or
employment of the foreign national; found guilty of a criminal o ense or fugitive
6. Any act of MISREPRESENTATION for from justice, or veri ed information of grave
purposes of securing an AEP, including misconduct = FN is DISQUALIFIED TO RE-
fraudulent application of facts, falsi cation or APPLY for a period of 10 years.
tampering of documents, and similar 2. If CANCELLED in any of the grounds or
circumstances; and revoked based on grounds not speci ed
7. FAILURE TO CLAIM the AEP within 10 working above = FN is DISQUALIFIED TO RE-APPLY
days from the date of noti cation of availability. for a period of 5 years.
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 ——————————————————————————————————————————
III. LABOR STANDARDS -

1. Employer-employee relationship -
EMPLOYEE EMPLOYER

1. Any person in the employ of an employer; 1. One who employs the

2. Any individual whose work has ceased as a result of or in connection services of others, one for
with any current labor dispute or because of any unfair labor practice if whom the employees work
he has not obtained any other substantially equivalent and regular and who pays their wages or
employment; salaries; or
3. One who has been dismissed from work, but the legality the dismissal is 2. Any person acting in the
being contested in a forum of appropriate jurisdiction interest of an employer

2. Test to determine existence - 1. Four-fold test; and 2. Two-tiered test

FOUR-FOLD TEST CONTROL TEST TWO-TIERED TEST

1. Selection an - determines whether the employer 1. The putative employer’s power to control the
engagement of the controls or has reserved the right to employee with respect to the means and
employee; control the employee not only as to methods by which the work is to be established;
2. Payment of wage; the RESULT of the work to be done and
3. Power of dismissal; and but also as to the MEANS AND 2. WON the worker is dependent on the alleged
4. Power to control the METHODS by which the same is to employer for his continued employment in that
employee’s conduct be accomplished. line of business.

3. Employee v. Independent contractor - applying the control test:

EMPLOYEE INDEPENDENT CONTRACTORS

- the greater the supervision and control the hirer - the less control the hirer exercises, the
exercises the more likely the worker is deemed an more likely the worker is deemed an
employee. independent contractor.
- The presumption is that when the work done is an - Often present themselves to possess
INTEGRAL PART of the regular business of the employer unique skills, expertise or talent to
and when the worker, relative to the employer, does not distinguish them from ordinary
furnish an independent business or professional service. employees.

C. Conditions of employment -

1. Covered employees/worker -
NOT COVERED:
1. Government employees
2. Managerial employees
3. O cers or members of a managerial sta
4. Domestic servants and persons in the personal service of another - if thy perform such
services in the employer’s home which are usually necessary or desirable for the
maintenance and enjoyment thereof.
5. Workers who are paid by results
6. Non-agricultural eld personnel.
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 MANAGERIAL EMPLOYEES IN LABSTAN MANAGERIAL EMPLOYEES IN LABREL

- used only for the purpose of Book 3 (like - used only of the purpose of Book 5 (like
working conditions, rest periods, etc.) forming and joining unions, certi cation
- As to duties: one whose primary duty consists elections, collective bargaining)
of the MANAGEMENT of the establishment in - As to duties: one who is vested with powers or
which they are employed or of a department or prerogatives to lay down and execute
subdivision thereof and to other members of management policies and/or hire, transfer,
the managerial sta . suspend, lay-o , recall, discharge, assign, or
- As to inclusion of supervisors: supervisors are discipline employees.
deemed members of the managerial sta - As to inclusion of supervisors: supervisors are
NOT members of the managerial sta .
TYPES OF MANAGERIAL EMPLOYEES:
FIRST LINE MANAGERS MIDDLE MANAGERS TOP MANAGERS

- direct operating employees - direct the activities of other - composed of a comparatively

only; they do not supervise managers and sometimes small group of executives;
other managers. also those of operating - Responsible for the overall
- Examples: foreman or employees. management of the
production supervisor in a - direct the activities that organization.
manufacturing plant, technical implement their - It establishes operating
supervisor in a research organizations’ policies and policies and guides the
department, clerical to balance the demands of organization’s interactions
supervision in a large o ce. their superiors with the with its environment
Often called supervisors capacities of their - Ex: executive o cer,
subordinates. Example is the president, senior vice
plant manager. president.

2. Hours of work - compensable hours worked shall include:

a. All time during which an employee is required to be ON DUTY or
to BE AT A PRESCRIBED WORKPLACE;
b. All time during which an employee is SUFFERED or PERMITTED
TO WORK;
c. Rest periods of short duration during working hours which shall
not be more than 20 minutes.

a. Normal hours of work; hours allowed - shall not exceed 8 hours a day
- XPNs: (may exceed 8 hours a day of normal hours of work):
1. HEALTH PERSONNEL in cities and municipalities with a
population of at least 1M, or in hospital and clinics with a bed
capacity of at least 100 shall hold regular o ce hours, for 5 days
a week, exclusive time for meals, except where the exigencies of
the services require that such personnel work for 6 hours or 48
hours - entitled to an additional compensation of at least 30% of
their regular wage of work on the 6th day.
2. COMPRESSED WORKWEEK -
b. Meal periods - not less than 60 minutes time-o for their regular meals
c. Night-shift di erential - every employee shall be paid a night shift
di erential of not less than 10% of his regular wage for each hour of
work performed between 10:00pm and 6:00am, whether or not such
period is part of the worker’s regular shift.
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 d. Overtime work - work performed beyond 8 hours a day; an additional
compensation equivalent to his regular wage plus at least 25% thereof.
Worked performed beyond 8 hours on a holiday or rest day shall be paid
an additional compensation equivalent to the rate of the 1st 8 hours on a
holiday or rest day plus at least 30% thereof.
- deduct UNDERTIME or ABSENCES against employee’s ACCRUED
LEAVE but pay him the overtime to which he is rightfully entitled.
RULES ON MEAL AND REST PERIODS RULES ON POWER WAITING TIME
INTERRUPTION CONSIDERED
WORK

1. Not be less than 60 minutes. 1. Brownouts of short 1. When waiting is

2. It is non-compensable, except when during duration not exceeding an integral part of
the so-called meal period, the laborers are 20 minutes are his work or the
required to standby for emergency work, or COMPENSABLE employee is
not one of complete rest. hours. REQUIRED or
3. Meal period may be less than 60 minutes, 2. Brownouts running engaged by the
but not less than 20 minutes and the MORE than 20 employer to wait;
shortened meal time must be with full pay, minutes may not be or
under the .: treated as hours 2. When an
- non-manual work in nature or does not involve worked provided and employee who is
strenuous physical exertion; of the following required to
- Establishment regularly operates not less than conditions are present: REMAIN ON
16 hours a days - the employees can leave CALL in the
- In case of actual/impending emergencies, or their workplace or go employer’s
there is urgent work to be performed on elsewhere whether within premises or so
machineries, equipment/installation to avoid or without the work close thereto that
serious loss premises; he cannot use the
4. If less than 20 minutes, it becomes only a - Employees can use the time e ectively
rest period and is considered as a work time, time e ective for their and gainfully for
ex. Co ee break (5-20 minutes) considered own interest. disown purpose.
as compensable working time.

XPNs to the general rule OVERTIME MAY BE COMPELLED BY AN EMPLOYER:

that overtime pay is
compensable:

1. C o m p r e s s e d 1. When the country is AT WAR or when any other NATIONAL or LOCAL

workweek EMERGENCY has been declared by the National Assembly or the
2. Wr i t t e n c o n t r a c t s Chief Executive;
with built-in overtime 2. Necessary to PREVENT LOSS OF LIFE or PROPERTY or in case of
and with the IMMINENT DANGER to public safety due to an actual or impending
imprimatur of the emergency in the locality caused by serious accidents, re, ood,
employee typhoon, earthquake, epidemic, or other disaster, or calamity;
3. When the waiver is 3. There is URGENT WORK to be performed on machines, installations,
made in or equipment, in order to avoid serious loss or damage to the
consideration of employer or some other cause of similar nature;
bene ts and 4. The work is NECESSARY TO PREVENT LOSS or DAMAGE to
privileges which may perishable goods; and
be more than what 5. The completion or continuation of the work started before the 8th
will accrue to them in hour is necessary to PREVENT SERIOUS OBSTRUCTION or
overtime pay. prejudice to the business or operations of the employer.
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 e. Compressed work week, exible work arrangement alternative work
arrangements, telecommunicating program -
COMPRESSED CONDITIONS EFFECTS
WORKWEEK
- scheme is an alternative 1. Scheme is expressly and 1. GR: work beyond 8 hours
arrangement whereby voluntarily supported by majority will not be compensable by
the normal workweek is of the employees a ected; overtime premium provided
reduced to less than 6 2. In rms using substances, or that the total number of
days but the total operating in conditions that are hours worked per day shall
number of normal hours hazardous to health, a not exceed 12 hours; XPN:
per week remains at 48 CERTIFICATION is needed from there is a more favorable
hours. an accredited safety organization practice existing in the rm
- The normal workday is or the rm’s safety committee that 2. Entitled to meal periods of
increased to more than work beyond 8 hours is within the NOT LESS than 60 minutes;
8 hours but NOT TO limits or levels of exposure set by 3. Shall in no case result in
EXCEED 12 HOURS the DOLE’s occupational safety diminution of existing
without corresponding and health standards; and bene ts
overtime premium. 3. DOLE-RO is due noti ed.

FLEXIBLE WORK TYPES OF FLEXILE WORK AGREEMENTS:

ARRANGEMENT
- Alternative arrangements 1. Compressed workweek
or schedules other than 2. Reduction of workdays - where the normal workdays per week are
the traditional or standard reduced but should not last more than 6 months;
work hours, workdays, or 3. Rotation of workers -
workweek. 4. Forced leave
- EMPLOYER SHALL 5. Broken time schedule - work-hours within the day or week remain
NOTIFY THE DOLE-RO 6. Flexi-holidays schedule - employees agree to avail the holidays at
who has jurisdiction over some other days
the workplace - needed 7. Gliding or Flexi-time schedule - employees are required to
prior to implementation of complete the core work hours in the establishment but are free to
the FWA. determine their arrival and departure.

TELECOMMUNICATIN PROVISIONS OF TELECOMMUNICATING RIGHTS OF

G AGREEMENT: EMPLOYEES :
- refers to a work from an Employees and employer shall stipulate for the following 1. Fair treatment
alternative workplace conditions: 2. Non-isolation
with the use of 1. Eligibility 3. Data
telecommunications 2. Applicable code of conduct and performance evaluation protection
and/or computer assessment;
technologies. 3. Appropriate alternative workplace/s; How terminated:
- An employer in a private 4. Use and cost of equipment’ - done in
sector may OFFER a 5. Workdays and/or hours; accordance with
telecommunicating 6. Conditions of employment, compensation, and bene ts he
program to its particularly those unique to telecommunication employees telecommunicatin
employees on a 7. Non-diminution of bene ts; g policy or
voluntary bases and 8. Occupational safety and health; agreement.
upon such terms and 9. Observance of data privacy policy;
conditions as they may 10. Dispute settlement; and
mutually agree upon. 11. Termination or change of work arrangement
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 3. Rest periods - WEEKLY REST DAY is a rest period provided for employee
which shall NOT BE LESS THAN 24 consecutive hours after every 6 normal
workdays of the employee. - in short 1 rest day after 6 consecutive workdays.
WEEKLY REST DAY INSTANCES WHEN EMPLOYER MAY RATE OF ADDITIONAL
COMPEL EMPLOYEE TO WORK ON COMPENSATION
REST DAY

WHO DETERMINES: 1. Work is necessary to avail of favorable 1. Work on

- Employer; when such weather or environmental conditions SCHEDULED REST
preference is based on where performance or quality of work is DAY - 30%(RW/
religious grounds dependent thereon; Regular wage)
2. In case of actual or impending 2. Work on SUNDAY
WHEN MAY EE DECIDE ON emergencies caused by serious when it is his
THE SCHEDULE OF accident, re, ood, typhoon, establish rest day -
WEEKLY REST DAY: earthquake, epidemic or other disaster 30%(RW)
- when the choice of the EE or calamity to prevent loss of life or 3. No regular workdays
based on religious grounds property, or in cases of force majeure and no speci c rest
will inevitably result in serious or imminent danger to public safety; days - 30%(RW) for
prejudice or obstruction to 3. Nature of the work is such that the work performed on
the operations of the employee have to work continuously Sundays and
undertaking. for 7 days in a week or more. holidays
4. In the event of abnormal pressure of 4. Work on SPECIAL
HOW SHALL EE MAKE workday to special circumstances, HOLIDAY - 30%(RW)
KNOWN HIS PREFERRED where the employer cannot ordinarily 5. Work on SPECIAL
REST DAY BASED ON be expected to resort to other HOLIDAY falling on
RELIGIOUS GROUNDS TO measures; SCHEDULED REST
HIS ER: 5. Urgent work to be performed on DAY - 50%(RW)
- in writing at least 7 days machineries, equipment, or installations 6. Work on REGULAR
before the desired to avoid serious loss which the HOLIDAY falling on
e ectivity of the initial rest employer would otherwise su er; SCHEDULED REST
day so preferred. 6. To prevent serious loss of perishable DAY - 160%(RW)
goods.

4. Holidays - HOLIDAY PAY - payment of the regular daily wage for any unworked
regular holiday.
- RULE ON COMPENSABILITY: employee is entitled to 100%of his
minimum wage rate even if he/she did to report for work, provided he/she
is present or is on leave of absence with pay on the work day immediately
PRECEDING the holiday.
REGULAR HOLIDAY SPECIAL HOLIDAY

1. New Year’s Day - January 1 1. All Saint’s Day - November 1

2. Draw ng Kagitingan - Monday nearest April 9 2. Last day of the year - December 31
3. Maundy Thursday - Movable date 3. Ninoy Aquino Day - August 21
4. Good Friday - movable date 4. Feast of the Immaculate Conception of Mary -
5. Labor Day - Monday nearest May 1 December 8
6. Independence Day - Monday nearest June 12 5. Other days declared by law.
7. National Heroes Day - Last Monday of Aug
8. Bonifacio Day - Monday nearest Nov 30
9. Christmas Day - December 25
10. Rizal Day - Monday nearest December 30
11. Eidl Fitr - movable date;
12. Eidl’ Adha - movable date
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 NOT COVERED BY RULE ON RULE ON HOLIDAY PAR OF EFFECT OF BUSINESS
HOLIDAY PAY: TEACHING PERSONNEL PAID CLOSURE ON HOLIDAY
PER LECTURE HOUR PAY

1. Those of the government and 1. They are not entitled to - IF REGULAR HOLIDAY
any of the political subdivision, payment of holiday pay OCCURS DURING:
including GOCCs; because they are paid only
2. Those of retail and service for work actually done. 1. Temporary or periodic
establishments regularly Since regular holidays are shutdown and
employing less than 10 workers; known to both school and temporary cessation of
3. Domestic helpers and persons in faculty members as no work of an
the personal service of another; class days. establishment - the
4. Managerial employees 2. They are, however, entitled regular holidays falling
5. Field personnel and other to their regular hourly rate within the period shall be
employees whose time and on days declared as special COMPENSATED;
performance are unsupervised by holidays or when classes are 2. Cessation of operation
the employer including those who called o or shortened on of an enterprise due to
are engaged on task or contract account of typhoons, oods, business reverses as
basis, purely commission basis, rallies, and the like because authorized by the
or those who are paid a xed the faculty members Secretary of Labor -
amount for performing work although forced to take a regular holiday may NOT
irrespective of the time consumed rest, does not earn what he BE PAID by the
in the performance thereof. should earn on that day employer

SINGLE HOLIDAY RULE DOUBLE HOLIDAY PAY RULE SUCCESSIVE REGULAR HOLIDAY
RULE

- employee is entitled to - 200% (BW or basic wage) even - to be entitled to holiday pay in 2
100% of the basic wage if said holiday is unworked. SUCCESSIVE HOLIDAYS, the
provided that the - 300%(BW) if he worked on 2 employee must be present on the
employee worked, was on regular holidays falling on the day immediately PRECEDING the
leave with pay, or was on same day; rst holiday or be on leave with
authorized absence on - 390%(BW) if he reported for pay; otherwise, he must work on
the day PRIOR to the work on a double holiday which the rst holiday to be entitled to
regular holiday. is also his rest day holiday pay on the second holiday.

5. Service charges -
COVERED ESTABLISHMENTS COVERED HOW DISTIBUTED
EMPLOYEES

1. Hotels Refer to ALL - shall be distributed

2. Restaurants EMPLOYEES, COMPLETELY and
3. Lodging houses except EQUALLY, based on actual
4. Night clubs managerial hours or days of work or
5. Cocktail lounge employees, under service render, among the
6. Massage clinics the direct employ covered employees,.
7. Bar, casinos and gambling houses of the covered
8. And similar enterprises, including those entities establishment.
operating primarily as private subsidiaries of the
government
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 6. 13th month pay - a form of monetary bene t to the monthly basic
compensation received by an employee, computed pro-rata according to the
number of months within a year that the employee has rendered service to the
employer.
EMPLOYERS EXEMPTED FROM 13TH RULES ON PAYMENT OF 13TH MONTH PAY FOR
MONTH PAY: CERTAIN TYPES OF EMPLOYEES:

1. Employers of those who are PAID ON 1. Employees paid by results - entitled to the 13th
PURELY COMMISSION, boundary, or month pay;
task basis and those who are paid a 2. Employees who are paid a FIXED or guaranteed
xed amount for performing speci c wage plus commission- entitled to the 13th month
work, irrespective of the time consumed in pay
the performance thereof, except where 3. Those with multiple employers - government
the workers are paid on piece-rate basis employees working part time a private enterprise,
(required 13th month pay); including private educational institutions, as well
2. Employers already paying their employees as employees working in 2 or more private rms,
a 13th month pay or more in a calendar whether on full or part time basis, are entitled to
year or its equivalent at the time of this the required 13th math pay from all their private
issuance; employers regardless of their total earnings form
3. Government and any of its political each or all other employers.
subdivisions, including GOCCs, except 4. Private school teachers - entitled to their 13th
those corporations operating essentially month pay, regardless of the number of months
as private subsidiaries of the they teach or are paid within a year, If they have
government. rendered service for at least 1 month within a year.

WHO ARE MINIMUM WHEN PAID “BASIC SALARY”

ENTITLED AMOUNT

- all rank-and- le Not be less than GR: Not later than December Shall include all
employees are now 1/12 of the total 24 of each year. enumerations or
entitled regardless of basic salary XPN: earning paid by his
the amount of basic earned by an - 1/2 = before opening of the employer for services
salary they receive in employee within a regular school year, and rendered but does not
a month. calendar year. - 1/2 = on or before December include allowances and
24 of every year. monetary bene ts.

FORMULA COMMISSION COMMISSIO COMMISSION NOT DEEMED 13TH

N = 13TH MONTH PAY
MONTH PAY

Total Basis It is a direct remuneration The Commissions paid in the nature of

Salary received by an agent, commission “productivity bonuses” are excluded from
during the salesman, executor, broker, should be the terms basic salary in computing the
year or trustee calculated as a part of the 13th month pay. Such bonuses closely
————— percentage on the amount basic salary resemble pro t-sharing payments and have
12 months of his transactions or on of the no clear, direct, or necessary relation to the
pro t to the principal. employee amount of work actually done by each
individual employee.

D. Wages - mean the renumeration or earnings, capable of being expressed in terms of

money, whether xed or ascertained on a time, tsk, or commission basis, or other
method of calculating the same, which is payable by an employer to an employee under
a written or unwritten contract of employment for work done or to be done, or for
services rendered, or to be rendered and includes fair and reasonable value as
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 determined by the Secretary of Labor and Employment, of board, lodging, or other
facilities customarily furnished by the employer to the employee.
WAGE SALARY

AS TO NATURE - paid to white collar workers and AS TO NATURE - paid to white collar
denote compensation for manual labor, skilled or workers and denote a HIGHER or
unskilled. SUPERIOR level of employment

AS TO EXEMPTION TO EXECUTION, GARNISHMENT. AS TO EXEMPTION TO EXECUTION,

ATTACHMENT - it is not subject to execution, GARNISHMENT, OR ATTACHMENT -
garnishment or attachment except for debts related to NOT EXEMPT from execution, garnishment
food, clothing, shelter and medicines. or attachment.

EXCLUDED FROM COVERAGE OF TITLE ON WAGES FORMS OF PAYMENT OF

WAGES

1. Farm tenancy or leasehold GR: paid in legal tender

2. Household or domestic helpers PROHIBITED:
3. Homeworkers engaged in needle-work 1. Use of tokens
4. Workers employed in any establishment duly registered with the 2. Promissory notes
NACIDA 3. Vouchers
5. Workers in duly registered cooperatives when so recommended by 4. coupons
the bureau of Cooperative development upon approval by the SOLE 5. Or any form alleged to
6. Workers of a barangay micro business enterprise. represent legal tender

7. Payment of wages -
WHEN PAYMENT PLACE OF PAYMENT TO WHOM PAID
MADE

1. At least once GR: at or near the place of the undertaking, 1. Payment through
every two XPNs: Rules to follow if payment shall be another person
weeks, OR made at another place: - In cases of force majeure;
2. Twice a month 1. No employer shall pay his employee in any provided said person is
at intervals not bar, night or day club, drinking under written authority
exceeding 16 establishments, massage clinic, dance hall, or give by the worker for the
days other similar places or in places where games purpose
3. In account of are played with stakes of money or things - When authorized under
force majeure or representing money except in the case of existing law
circumstances persons employed in the said place. 2. Payment through the
beyond 2. When payment cannot be e ected at or near HEIRS of the worker
employer’s the place of work due to deterioration of - in case the worker has
control - after peace and order, or by reason of actual or died:
such force impending emergencies caused by calamity by executing an a davit
majeure or rendering payment thereat impossible; 3. Payment through a
circumstances 3. When the employer provides free FAMILY MEMBER of
have ceased. transportation to the employees back and the worker’s family
forth; and - where the employer is
4. Analogous circumstances. But the time spent authorized in writing by the
by the employees in collecting shall be employee to pay his wages
compensable hours worked. to a member of his family
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 8. Prohibition regarding wages -
PROHIBITIONS ALLOWABLE REQUISITES OF
WAGE WAGE
DEDUCTIONS DEDUCTION:
1. NON-INTERFERENCE IN WAGE DISPOSAL 1. When the 1. That the
- no employer shall limit or otherwise interfere with the freedom of the deductions are employee
employee to dispose of his wages authorized by concerned is
- No employer shall force, compel, or oblige employees to purchase law, including clearly shown to
merchandise, commodities or other property from the employer or from any deductions for the be responsible
other person, or otherwise make use of any store or service of such insurance for the loss or
employer or any there person premiums damage;
2. WAGE DEDUCTION advanced by the 2. That the
- no employer shall make deductions form the employee’s wage except employer in behalf employee is
when authorized to do so. of the employee as given
3. DEPOSITS FOR LOSS OR DAMAGE well as union dues reasonable
- no employer shall require the work to make deposits from which the where the right to opportunity to
deductions shall be made for reimbursement of loss of or damage to tools, check-o has show cause why
material, equipment supplied by the employer, except when the employer been recognized deduction
is engaged in the business requiring such deposits by the employer or should not be
4. LIMITATIONS authorized in made;
- no employer shall make any deduction from the employee’s deposits for writing by the 3. That the amount
the actual amount of the loss or damage unless the employee has been individual of such
heard thereon, and his responsibility has been clearly shown. employee himself; deduction is fair
5. WITHHOLDING OF WAGES AND KICKBACKS PROHIBITED and and reasonable
- no employer shall withhold any amount from the wages unless authorized 2. When the and shall not
to do so deductions are exceed the
- No employer shall induce the employee to give up any part of is wages by with written actual loss or
force, stealth, intimidation, threat or dismissal or by any means without his authorizations of damage; and
consent. the employees for 4. That the
6. DEDUCTION TO ENSURE EMPLOYMENT payment to the deduction from
- no employer shall make any deductions as consideration of a promise of employer agrees the wages of the
employment or retention of employment. to do so; provided employee does
7. RETALIATORY MEASURES that the latter does NOT EXCEED
- no employer shall refuse to pay any or reduce the wages and bene ts or not receive any 20% of the
otherwise discharge the employee who has led any complaint under this pecuniary bene t, employee’s
title (wages) or has testi ed or is about to testify in such proceedings. directly or wages in a
8. FALSE REPORTING indirectly, from the week.
- no employer shall make any statement, report, or record knowing such transaction.
statement, report or record to be false in any material aspect.

9. Facilities v. Supplements -
FACILITIES SUPPLEMENTS REQUISITES TO DEDUCT THE AMOUNT
OF FACILITIES FROM WAGES

AS TO NATURE: Items AS TO NATURE: items which - when facilities are provided to an

of expense necessary for
constitute extra renumeration employee, the employer may deduct the
the laborer’s and his or special privileges, or amount of such facilities from wages if
family’s existence andbene ts given to or received the following requisites are present:
subsistence by the laborers over and 1. Proof must be shown that such
above their ordinary earnings facilities are customarily furnished by
AS TO DEDUCTIBILITY: and wages. the trade;
part of the wages and 2. The provision of deductible facilities
thus deductible AS TO DEDUCTIBILITY: must be voluntarily accepted in writing
therefrom. Independent of the wage and by the employees; and
this not wage deductible. 3. The facilities must be charged at fair
and reasonable value.
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 10. Minimum wage - the lowest wage rate xed by law that an employer can pay
his workers;
- all workers paid by results, including those who are paid on piecework,
tokay, pakyaw, or task basis, shall receive not less than the applicable
applicable statutory minimum wage rates prescribed under the Act for
normal working hours which shall not exceed 8 hours a day, or a
proportion thereof for work less than the normal working hours.

11. Wage distortion - a situation where an increase in prescribed wag rates results
in the elimination of severe contraction of international quantitative di erences In
wage pr salary rate between and among employee groups in an establishment
as to e ectively obliterate the distinctions embodies in such wage structure
based on skills, length of service, or other logical bases of di erentiation.
WHO ISSUES WAGE WHEN REMEDY BY AGGRIEVED PARTY ON THE WAGE ORDER
ORDER TAKES
EFFECT

Regional Tripartite - 15 days - any party aggrieved by the wage order issued by the RTWPB
Wages and after its may APPEAL such order to the Commission within 10
Productivity board complete calendar days from the publication of such order.
(RTWPB), whenever publicatio - It shall be mandatory to the Commission to DECIDE such
conditions In the region n in at appeal within 60 calendar days from the ling thereof.
so warrant, after least 1 - appeal shall NOT STAY the wage order, unless there is bond.
investigating and study newspaper - GROUNDS FOR AN APPEAL ON WAGE ORDER:
in all pertinent facts; of general 1. Non-conformity with prescribed guidelines and/or
based on the standards circulation procedure
and criteria prescribed in the 2. Questions of law; and
by the Labor. Region. 3. Grave abuse of discretion.

ELEMENTS OF RULES ON CORRECTION OF WAGE FORMULA ON

WAGE DISTORTION DISTORTION RESOLVING WAGE
DISTORTION
1. An existing 1. IN AN ORGANIZED ESTABLISHMENT EXISTING MINIMUM
hierarchy of - establishment with SEBA WAGE
positions with - The employer and the union shall negotiate to ———————————
corresponding salary correct the distortions using the grievance —
rates;
procedure under the CBA ACTUAL SALARY
2. A signi cant - If remains unresolved, it shall be decided = % X PRESCRIBED
change in the salary
rate of a lower pay through VOLUNTARY ARBITRATION 10 WAGE INCREASE
class without a calendar days from the time the dispute was
concomitant increase referred for voluntary arbitration, unless (MW/AS=% x PW)
in the salary rate of otherwise agreed by the parties in writing.
the higher one; NOTE:
3. The elimination of 2. IN AN UNORGANIZED ESTABLISHMENT - The court approved of
the distinction - establishment without SEBA the following formula as
between the 2 levels; - The employer and workers shall endeavor to a good formula to be
and correct the wage distortion. used in the case. But any
4. The existence of - Settled through a NCMB (Nat’l Conciliation formula may be agreed
distortion in the
Mediation Board) upon and used by the
SAME REGION of
the country,
- If remains unresolved after 10 calendar days: parties seeking to cure
Referred to appropriate branch of the NLRC. the wage distortion,
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 12. Non-diminution of bene ts - unilateral withdrawal by the employer of bene ts
already enjoyed by the employees.
- NON-DIMINUTION RULE in LABOR CODE : nothing in this book
(Condition of Employment) shall be construed to eliminate or in any way
diminish supplements, or other employee bene ts being enjoyed at the
time of promulgation of the Labor Code.
INSTANCES OF DIMINUTION OF EXCEPTION TO NON-DIMINUTION WHEN NON-
BENEFITS OF BENEFITS: DIMINUTION
RULE APPLIES

1. Grant or bene t is founded on a - employer may validly deduct from - rule applies only
policy or has ripened into a practice wages: when bene t is
over a long time; 1. Negotiated bene ts based on any of
2. The practice is consistent and 2. Correction of error the following:
deliberate; 3. Wage order compliance 1. An express
3. The practice is not due to error in the 4. Contingent bene ts of policy;
construction or application of a conditional bonus; 2. Written
doubtful or di cult question of law; 5. Reclassi cation of position; contract; or
4. Diminution or discontinuance is done 6. Productivity incentives; and 3. Company
UNILATERALLY by the employer. 7. Bene ts in reimbursement basis; practice

E. Leaves -
1. Service incentive leave -
NOT COVERED BY SIL BENEFIT:

1. Government employees, whether employed by the National Government or any of its political subdivisions, “AT LEAST ONE
including those employed in GOCCs with original charters or create under special laws; YEAR OF
2. Persons in the personal service of another; SERVICE” -
3. Managerial employees, if they meet of the following conditions: - service for NOT
- primary duty: manage the establishment in which they are employed or of a departed or subdivision thereof;
- Customarily and regularly direct the work of 2 or more employees therein; and LESS THAN 12
- Have authority to hire or re other employees of lower rank; or their suggestions and recommendations as to hiring, MONTHS,
ring and promotion or any other change of status of the employees are given particular weight. whether
4. O cers or members of a managerial sta , if they perform the following duties and responsibilities: continuous or
- primarily perform work directly related to management policies of their employer; broken
- Customarily and regularly exercise discretion and independent judgment;
- Regularly and directly assist a proprietor or managerial employee in the management of the establishment or reckoned from
subdivision thereof in which he is employed; the date the
- Execute, under general supervision, work along specialized or technical lines requiring special training, experience, or employee
knowledge; or started working.
- Execute, under general supervision, special assignments and tasks
- Do not devote more than 20% of their hours worked in a workweek to activities which are not directly and closely
related to the performance of the work CONSEQUENCE
- Field personnel and those time and performance is unsupervised by employer IF SIL IS NOT
- Those already enjoying this bene t AVAILED OF:
- Those enjoying vacation leave with pay at least 5 days
- - shall be
Those employed in establishments regularly employing less than 10 employees
- Those engaged on task or contract basis COMPUTABLE TO
- Those paid purely commission basis; ITS MONEY
- Paid in a xed amount for performing work irrespective of time consumed EQUIVALENT if
- Members of the family of the employer who are dependent on him for support;
- not used or
Not rendered 1 year service
- Employees of establishments exempted by the Secretary of Labor exhausted at the
end of the year.

2. Expanded maternity leave - all covered female workers in government and the
private sector, including those in the informal economy, regardless of civil status
or the legitimacy of her child, shall be GRANTED 105 MATERNITY LEAVE WITH
FULL PAY and an OPTION TO EXTEND FOR AN ADDITIONAL 30 DAYS
WITHOUT PAY. Provided that in case the worker quali es as a SOLO PARENT,
the worker shall be granted an ADDITIONAL 15 DAYS WITH FULL PAY.
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 - In case of miscarriage or emergency termination of pregnancy, 60 DAYS
MATERNITY LEAVE WITH FULL PAY.
- Voluntary or self-employed member of the SSS are entitled to maternity
leave bene ts who su ered miscarriage.
- PREGNANT WOMAN IS NOT ALLOWED TO CLAIM MATERNITY BENFITS
SIMULTANEOUSLY WITH SICKNESS BENEFITS: Payment of daily
maternity bene ts shall be a BAR to the recovery of sickness bene ts.
However, if they have qualifying contributions schedule, they shall be entitled
to maternity bene ts.
-
BENEFITS GRANTED UNDER EML Law MANNER OF ENJOYMENT OF THE BENEFIT:

1. Paid leave bene t granted to a quali ed female 1. For pregnancy of child - 105 days with pay; may be
worker in the public and private sectors, for the extended for 30 days without pay, at the option of the
duration of: employee.
- 105 days for live birth + additional 15 days paid 2. For miscarriage or emergency termination of pregnancy -
60 days with full pay.
leave if solo parent
- 60 days paid leave for miscarriage and emergency HOW AVAILED:
1. PRE-NATAL - before the actual period of delivery
termination of pregnancy 2. POSTNATAL - after the actual period of delivery, and the
- Female workers employed by the following exempt leave shall not be less than 60 days.
establishments and enterprises shall not be entitled CONSEQUENCE OF EML IF FEMALE WORKER IS
to the salary di erential upon submission of proofs TERMINATED:
and other necessary documents: 1. If the child birth, miscarriage, or emergency termination of
a. Those operating distressed establishments; pregnancy occurs within 15 calendar days from
b. Those retail/service establishments ad other termination of the employment - right to ML has already
enterprises employing not more that 10 workers; accrued and should be granted.
2. If terminated without just cause - employer must still pay
c. Those considered micro-business enterprises and
the bene t for child birth (either 105 or 60 days) as well
engaged in the production, processing, or as the applicable daily cash maternity bene ts which the
manufacturing of products or commodities employee would have received had she not been illegally
including agro-processing, trading, and services, terminated.
whose total assets are not more than 3M. RULE ON ALLOCATION OF MATERNITY LEAVE CREDITS:
d. Those who are already providing similar or more 1. If the female worker dies or is permanently incapacitated -
than bene ts herein provided under an existing CBA balance of the leave bene ts shall accrue to the father of
2. An option to EXTEND for an additional 30 days the child or to a quali ed caregiver.
without pay in case of child livebirth; 2. Maternity leave credits may be allocated up to 7 days
- DUE NOTICE to the employer must be IN WRITING to the:
a. Child’s father, or
and must be given at least 45 days before the end of
b. If case of the father’s death, absence, or incapacity, to the
the female worker’s maternity leave. alternate caregiver, or
3. Paid maternity leave, allowances and bene ts c. Current partner of the female worker
granted to female national athletes; and FREQUENCY OF GRANT OF ML:
4. Health care services for pre-natal, delivery, 1. Maternity leave shall be granted in every instance of
postpartum and pregnancy-related conditions pregnancy, miscarriage, or emergency termination of
granted to female workers, particularly those who pregnancy, regardless of frequency.
are neither voluntary nor regular members of the 2. In cases of CONSECUTIVE PREGNANCIES and MULTIPLE
SSS, as governed by the existing rules and CHILD BIRTHS resulting in overlapping maternity bene t
regulations of the PhiiHealth. claims - female worker shall be paid only ONE MATERNITY
BENEFIT.

3. Paternity leave - every married male employee in the private and public sectors
shall be entitled to a paternity leave of 7 days with full pay for the first 4
deliveries of the legitimate soups with whom he is cohabiting.
- CONSEQUENCE OF UNAVAILED PATERNITY LEAVE: shall not be
convertible to cash.
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 CONDITIONS FOR PROCEDURES THAT MUST BE RULES ON CREDITING OF AN
ENTITLEMENT FO PATERNITY FOLLOWED TO BE ENTITLED OF EXISTING OR SIMILAR LEAVE:
LEAVE BENEFITS: PL:

1. He is employed at the time 1. Noti cation - ling the requisite 1. If the existing paternity leave
of the delivery of his child; leave application form within a bene t is greater than the bene t
2. He is cohabiting with his reasonable period prior to the herein provided, the greater
spouse at the time she gives expected delivery; bene t shall prevail;
birth or su ers a 2. Availment - on the days 2. If the existing paternity leave is
miscarriage; immediately before, during, and less than provided herein, such
3. He has noti ed his after the child birth, miscarriage of existing bene t shall be adjusted
employer of the pregnancy his legitimate spouse, but shall not to the extent of the di erence;
of his wife and her expected exceed 7 days for each delivery. 3. Where a contract, company
date of delivery subject to 3. Validation requirements - policy or CBA provides for an
the provisions in the Rules required to furnish the necessary emergency or contingency leave
for application of leave; documents like marriage without speci c provisions on
4. His wife has given birth, certi cate, birth certi cate of the paternity leave, the paternity
su ers miscarriage, or an newly born child, medical leave as herein provided shall
abortion certi cate, etc. apply in full.

4. Parental leave for solo parents - leave bene ts granted to a solo parent to
enable him/her to perform parental duties and responsibilities where physical
presence is required.
- PERIOD: not more than 7 working days every year shall be granted to a
solo parent employee who has rendered service of at least 1 year.
CONDITIONS FOR ENTITLEMENT OF RULE ON RULE ON CREDITING OF AN
PARENTAL LEAVE UNAVAILED PL EXISTING OR SIMILAR LEAVE
1. He/she has rendered at least 1 year of - said leave shall -if there is an existing or similar bene t
service, whether continuous or broke, at not be under the company policy, or CBA or
the time of the e ectivity of the Act. convertible to collective negotiation agreement the
2. He/she has noti ed his/her employer of cash, unless same shall be credited as such.
the availment thereof within a reasonable
speci cally If the same shall be greater than the 7
time;
agreed upon days, the greater bene t shall
3. He/she has presented a Solo Parental
Identi cation Card to his/her employer previously. prevail.

5. Leave bene ts for women workers under R.A. No. 9710 and R.A. No. 9262 -
GYNECOLOGICAL CONDITIONS FOR ENTITLEMENT: CONSEQUEN EFFECT IF WOMAN EE HAD
LEAVE (RA 9710) CE OF NOT UNDERGONE GYNE
AVAILING SLB SURGERY DURING HER
MATERNITY LEAVE

- a female employee’s 1. Has rendered at least 6 months - non- - she is entitled only to
leave entitlement for 2 continuous aggregate employment cumulative or the di erence between
months with full pay service for the last 12 months prior non- the special leave
from her employer to surgery; convertible bene t and the
based on her gross 2. Filed an application for special
to cash, maternity leave
monthly leave with her employer within a
unless bene t.
compensation reasonable period from the expected
time of surgery otherwise - (SLB-MLB)
following the surgery
cause by 3. Has undergone surgery due to provided by
gynecological gynecological disorder as certi ed a CBA.
disorders by a competent physician
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 VAWC (RA 9262) REQUIREMENT TO BE
ENTITLED

- refers to any act or a series of acts committed by any person against a woman who is his - Punong Barangay/Kagawad
wife, former wife, or against a woman with whom the person has or had a sexual or dating or prosecutor or the Clerk of
relationship, or with whom he has a common child, or against her child whether legitimate court, as the case may be,
or illegitimate, within or without the family abode, which results in or is likely to result in shall ISSUE A
physical, sexual, psychological harm or su ering or economic abuse including threats of CERTIFICATE at no cost to
such acts, battery, assault, coercion, harassment, or arbitrary deprivation of liberty. It the woman that such an
includes, but is not limited to the following acts: action is pending, and this
1. Physical violence is all that is required for the
2. Sexual violence committed against the woman or her child, includes but is not limited to: employer to comply with
- rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex 10-day period leave.
object, making demeaning and sexually suggestive remarks
- Acts causing or attempting to cause the victim to engage in any sexual activity by force, WHEN RIGHT TO BATTERED
threat of force, physical or other harm or threat of physical harbor coercion. WOMAN ACCRUES:
3. Psychological violence - acts or omissions causing or likely to cause mental or - at any time during the
emotional su ering to the victim such as but not limited to intimidation, harassment application of any
stalking, damage to property, public ridicule or humiliation, repeated violence, repeated protection order,
verbal abuse, and marital in delity. investigation, prosecution
4. Economic abuse - acts that make or attempt to make a woman nancially dependent and/or trial of the criminal
which includes, but is not limited to the following: case, a victim of VAWC who
- withdrawal of nancial support or preventing the victim from engaging in any legitimate is employed shall be entitled
profession, occupation, business or activity. Except in cases wherein the other spouse/ to a paid leave of up to 10
partner objects on valid, serious and moral grounds under Article 73 of CC. days in addition to her other
- Deprivation or threat of deprivation of nancial resources and the right to the use and paid leaves.
enjoyment of conjugal, community or property owned in common.
- Destroying household property IF NOT AVAILED:
- Controlling victim’s money or properties or solely controlling the conjugal money or - non-cumulative and not
properties. convertible to cash.

F. Special group of employees -

1. Women -
a. Discrimination -
b. Stipulation against marriage -
c. Prohibited acts -
DISCRIMINATION - STIPULATION AGAINST PROHIBITED ACTS
MARRIAGE

1. Payment of a It shall be unlawful for an employer to 1. To deny any woman employee the bene ts provided for in
lesser require as a condition of employment Book III
compensation, or continuation of employment that a 2. To discharge any woman employed by him for the
including wage, woman employee shall not get purpose of preventing such woman from enjoying the
salary, or other married, or to stipulate expressly or maternity leave, facilities, and other bene ts
form of tacitly upon getting married, a 3. To discharge a woman employee on account of her
renumeration and woman employee shall be deemed pregnancy, or while on leave or in con nement due to her
fringe bene ts, to resigned or separated, or to actually pregnancy
a female employee dismiss, discharge, discriminate, or 4. To discharge or refuse the admission of a woman upon
as against a male otherwise prejudice a woman returning to her work for fear that she may again be
employee, for employee merely by reason of pregnant;
work or equal marriage. 5. To discharge any woman or child or any other employee
value; and XPN: valid exercise of for having led a complaint or having testi ed or being
2. Favoring a male management prerogative about to testify under the Code.
employee over a - the prohibition against personal 6. To require as a condition for or continuation of
female employee or marital relationships with employment that a woman employee shall not get
with respect to employees of competitor married or to stipulate expressly or tacitly that a woman
promotion, training companies upon its employees employee shall not get married or to stipulated expressly
opportunities, was held reasonable because or tacitly that upon getting married, woman employee
study and relationships of that nature MIGHT shall be deemed resigned or separated, or actually
scholarship grants COMPROMISE THE INTERESTS dismiss, discharge , discriminate, or otherwise prejudice a
solely on account OF THE COMPANY. woman employee merely by reason of her marriage.
of their sexes.
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 2. Minors - refers to any person under 18 years of age
a. Child labor v. Working child -
CHILD LABOR WORKING CHILD

- refers to any work or Any child engaged as follows:

economic activity performed 1. When the child is below 18 years or age, in work or economic activity that
by a child that subjects him/ is not child labor; and
her to any form of exploitation 2. When the child is below 15 years of age:
or is harmful to his/her health - in work where he/she is directly under the responsibility of his/her parents or
and safety or physical, mental legal guardian and where only members of the child’s family are employed;
or psychological development - In public entertainment or information.

b. Allowed working hours and industries of a working child -

HOURS OF WORK OF A EMPLOYMENT OF CHILDREN BELOW 15 years old: Allowed to be employed
WORKING CHILD in the following:

1. Child below 15 years of age 1. Child works directly under the sole responsibility of his/her parents or
- not more than 20 hours a legal guardian, subject to the following conditions:
week, provided that the - only members of the family are employed thereat;
work shall not be more - Employment must not endanger the child’s life, safety, health and morals or impair his
than 4 hours at any given normal development
day. - Child must be provided with primary or secondary education
- not allowed to work 2. When the employment of the child is essential in public entertainment or
between 8:00 pm to 6:00 am information such as cinema, theater, radio, television, or other forms of
of the following day
media, subject to the following conditions:
- an employment contract, duly approved by DOLE, executed by the parents or legal
2. Child 15 years of age, but
guardian of the child;
below 18 - not more than 8 - Employer must ensure the protection, health, safety morals ad normal development of the
hours a day, and in no case
child
beyond 40 hours a week. - Employer must institute measures to prevent the child’s exploitation or discrimination;
- not allowed to work
- Employer just formulate and implement a continuing program for training and skills
between 10:00 pm to 6:00
acquisition of the child, subject to the approval and supervision of competent authorities.
am of the following day. - Work permit must be obtained from the DOLE.

c. Prohibited acts -
SUSPENSION & CANCELLATION OF WORK JOBS WHERE CHILDREN BELOW 18 CANNOT WORST FORMS OF
PERMIT BE EMPLOYED CHILD LABOR

- REGIONAL DIRECTOR shall suspend/ 1. As seafarer onboard a ship 1. All forms of slavery,
cancel work permit issued to working child 2. As model in any advertisement which directly or practices similar
in the : or indirectly promotes the following: to slavery such as:
1. There is FRAUD or 3. Jobs which involve the use of power-driven 2. Use, procuring,
MISREPRESENTATION in the application or explosive power-actuated tools; o ering, or exposing
for work permit or any of its supporting 4. Manufacture or handling or explosives; a child for
documents; 5. Illegal or illicit activities; prostitution
2. Terms and conditions set forth in the 6. Jobs which degrade or demean the intrinsic 3. Use, procuring or
child’s employment contract and/or worth or dignity of a child, such as o ering a child for
employer’s undertaking have been prostitution or pornography; illegal or illicit
violated; 7. Jobs which expose the child to either: activities
3. Employer fails to institute measures to - physical/emotional/sexual abuse 4. Work which, by its
ensure the protection, health, safety, - Highly psychologically stressful condition nature or the
morals and normal development of the - Biological agents such as bacteria, fungi, viruses circumstances in
child - Physical danger which it is carried
4. Employer fails to formulate and implement - Elements, such as toning, radiation, re out, is hazardous or
a program for the education, training, and 8. Jobs performed underground, underwater, at likely to be harmful
skills acquisition of the child dangerous heights to the health, safety
5. If a child has been deprived access to 9. Jobs performed under particularly di cult and morals of
formal, non-formal or ALS Education. conditions children.
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 3. Kasambahay - any person engaged in domestic work within an employment
relationship such as but not limited to the following: general househelp,
nursemaid or Maya, cook, gardener, or laundry person, but shall exclude any
person who performs domestic work only occasionally or sporadically and not
on an occupational basis. Shall not include children who are under Forster family
arrangements.
- refer to persons, who renders services in and about the employer’s home and
which services are usually necessary or desirable for maintenance and
enjoyment thereof, and ministers exclusively to the personal comfort and
enjoyment of the employer’s family.
- MINIMUM AGE: 15 years old. PAYMENT: in cash at least once/month
- HOW HIRED: 1. Directly; or 2. Through a private employment agency
- LOAN ASSISTANCE: not exceeding the equivalent of his/her 6 months’ salary.
- ALLOWABLE DEDUCTION: not exceed 20% of his/her monthly wage
BENEFITS AND RIGHTS AVAILABLE TERMINATION OF EMPLOYMENT

1. SOCIAL AND OTHER BENEFITS - rendered at least 1 1. With just cause - at any time, as long
month of service shall be covered by the SSS, PhilHealth, as any of the following circumstances
and PAG-IBIG. are present:
2. STANDARD TREATMENT - misconduct or willful disobedience to lawful
3. BOARD, LODGING, AND MEDICAL ASSITANCE order
4. RIGHT TO CERTIFICATE OF EMPLOYMENT - Gross or habitual neglect or ine ciency
5. GUARANTEE OF PRIVACY - Fraud or willful breach of trust
6. ACCESS TO OUTSIDE COMMUNICATION - Commission of a crime or o ense against
7. MINIMUM WAGE the person of the employer or any
8. SERVICE INCENTIVE LEAVE - rendered at least 1 year of immediate member of the employers family;
service shall be entitled to an annual SIL of 5 days with pay. - Violation by the kasambahay of the terms
9. RIGHT TO TERMINATE THE EMPLOYMENT and conditions of the employment contract
10. RIGHT TO BE PROVIDED A COPY OF THE EMPLOYMENT
CONTRACT
2. Without just cause - it depends
11. ACCESS TO EDUCATION AND TRAINING
whether or not there is a stipulated
12. REST PERIOD - aggregate daily rest period of 8 hours per
day; and at least 24 consecutive hours of rest in a week. period in the employment contract:
- there is stipulated period - end of the
13. RIGHT TO EXERCISE THEIR OWN RELIGIOUS BELIEFS
14. RIGHT TO FORM, JOIN, OR ASSIST LABOR stipulated period
- No stipulated period - by giving 5 days
ORGANIZATION
15. 13TH MONTH PAY - rendered at least 1 month of service advance notice before the intended
which shall not be less than 1/12 of his/her total basic salary termination. If this is not followed, the
earned in a year. employer is liable for salary plus an
16. OTHER BENEFITS UNDER EXISTING LAWS indemnity equivalent to 15 days’ pay.

4. Homeworkers -
HOMEWORKER HOUSEHELPER

- one who performs, in or about his home, any - a person, who renders services in and about
processing of goods or materials, in whole, or the employer’s home and which services are
in part, which have been furnished, directly or usually necessary or desirable for
indirectly by an employer and thereafter to be maintenance and enjoyment thereof, and
returned to the latter. ministers exclusively to the personal comfort
and enjoyment of the employer’s family.
- Work performed: industrial work - Work performed: household work
- EMPLOYER: Business enterprise - EMPLOYER: family
- GOVERNING LAW: Labor Code - GOVERNING LAW: Domestic Workers Act
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 RIGHTS AND BENEFITS TO RULE ON DEDUCTIONS FROM HW’s PROHIBITION
HOMEWORKERS EARNINGS FOR
HOMEWORKER

1. Right to self- No employer, contractor, or subcontractor shall - no homework

organization make any deduction from the homeworker’s shall be
2. Registration of earnings for the value of materials which have performed on
Homeworkers been lost, destroyed, soiled, or otherwise the following:
Organization damaged, UNLESS the following conditions 1. Explosives,
3. Payment for Homework are met: reworks and
- immediately upon 1. Homeowner concerned is clearly shown to be articles of like
receipt of the nished RESPONSIBLE FOR THE LOSS or DAMAGE; character
goods or articles the 2. Homeworker is given reasonable opportunity 2. Drugs and
employer shall pay for the to show cause why deductions should not be poison,
work performed less made; 3. Other articles,
corresponding 3. The amount of such deduction is fair and the processing
homeworkers’ share of reasonable and shall not exceed the actual of which
SS, MEDICARE, and ECC loss or damage; requires
premium contributions 4. Deduction is made at such rate that the exposure to
which shall be remitted by amount deducted does not exceed 20% of toxic
the employer to the SSS. the homeworker’s earnings in a week. substances

5. Night workers - any employed person whose work covers the period from
10:00 pm to 6:00 am the following morning, provided that the worker performs
no less than 7 consecutive hours of work.
- NOT COVERED: (1) agriculture; (2) livestock raising; (3) maritime
transport; (4) inland navigation
RIGHTS AND PRIVILEGES OF NIGHT WORKER ALTERNATIVE MEASURES TO
NIGHT WOR FOR PREGNANT
AND NURSING EMPLOYEES
1. Mandatory facilities 1. Before and after child birth, for a
- suitable rst aid and emergency facilities period of at least 16 weeks,
- Lactation station which shall be divided between
- Separate toilet facilities for men and women the time before and after
- Facility for eating plus potable drinking water; and childbirth; or
- Facilities for transportation and properly ventilated sleeping quarters, 2. For additional periods, in respect
separate for males and females, except when: equivalent or superior of which a medical certi cate is
bene t is accorded by CBA or company practice; night work does not produced stating. That said
fall within 12MD and 5AM; public transportation its available for 24 additional periods are necessary
hours. for the health of the mother or
2. Health assessment - - regular intervals during such assignment child DURING pregnancy, or
3. Compensation - during a speci ed time beyond
4. Consultation for night work schedules - consultation takes place the period.
regularly 3. Pregnant women and nursing
5. Transfer mothers may be allowed to work
- UNFITNESS CURABLE IN 6 MONTHS: at night only if a competent
a. Take a leave; reinstated after restoration of health physician, other than the
b. PRACTICABLE TO DAY WORK: Yes - transfer to day work; No- company physician, shall certify
termination with separation pay their tness to render night work,
- UNFITNESS INCURABLE IN 6 MONTHS: and specify, in the case of
a. Practical to transfer - transfer to day work pregnant employees, the period
b. Not practical - termination with separation pay of the pregnancy that they can
6. Social services safely work
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 6. Persons with disabilities - those su ering form restriction or di erent abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in the manner
or within the range considered normal for a human being.
- QUALIFIED INDIVIDUAL WITH DISABILITIES: an individual with a disability who,
with or without reasonable accommodations, can perform the essential functions
of the employment position that such individual holds or desires.
- They should be given the SAME TERMS AND CONDITIONS of employment as a
quali ed able-bodied person.
CONTENTS OF EMPLOYMENT PROOF FOR ENTITLEMENT OF RIGHTS AND PRIVILEGES
AGREEMENT OF HANDICAPPED THE PRIVILEGES: OF DISABLED PERSONS
WORKERS WOTH RESPECT TO
EMPLOYMENT:

1. Names and addresses of the HW to be 1. Passport 1. Equal opportunity for

employed; 2. Identi cation card issued by employment
2. Rate to be paid which shall not be less the Mayor or Barangay Captain 2. Sheltered employment
than 75% of the applicable legal where the disabled person 3. Apprenticeship
minimum wage resides; or 4. Vocational rehabilitation
3. Duration of employment period 3. Transportation discount fare ID 5. Vocational guidance and
4. Work to be performed issued by the National Council counseling
5. Employment agreement shall be for the Welfare of disabled 6. Non-discrimination
subject to inspection by the Secretary persons. employment
of Labor
a. Discrimination -
b. Incentives for employers -
ACTS OF DISCRIMINATION AGAINST PWDs INCENTIVES FOR
EMPLOYERS HIRING PWDs

1. Limiting, segregating or classifying a disabled job applicant that adversely 1. Private entities that
a ects his work opportunities; employ disabled persons
2. Using quali cation standards, employments tests or other selection criteria who meet the required
that screen out or tend to screen out a disabled person unless such skills or quali cations,
standards, tests or other election criteria are shown to be job-related for the either as regular
position on question and are consistent with business necessity; employee, apprentice or
3. Reassigning or transferring a disabled employee to a job or position he learner, shall be entitled to
cannot perform by reason of his disability; an additional deduction,
4. Utilizing standards, criteria or methods of administration that: from their gross income,
5. Providing less compensation, such as salary, wage or other forms of equivalent to 25% of the
renumeration and fringe bene ts, to a quali ed disabled employee, by total amount paid as
reason of his disability, than the amount to which a non-disabled person salaries and wages to
performing the same work is entitled; disabled persons.
6. Favoring a non-disabled employee over a quali ed disabled employee with Provided that:
respect to promotion, training opportunities, study a nd scholarship grants, 2. Private entities that
solely on account of the latter’s disability; improve or modify their
7. Failing to select or administer in the most e ective manner employment physical facilities in order
tests which accurately re ect the skills, aptitude or other factor of the to provide reasonable
disabled applicant or employee that such test purports to measure, rather accommodation for
than the impaired sensory, manual or peaking skills of such applicant or disabled person shall also
employee, if any; be entitled to an
8. Dismissing or terminating the services of a disabled employee by additional deduction of
reason of his disability unless the employer can prove that he impairs the their net taxable income,
satisfactory performance of the work involved to the prejudice of the equivalent to 50% of the
business entity; direct costs of the
9. Excluding disabled persons form membership in labor unions or similar improvements or
organizations. modi cations.
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 G. Sexual Harassment in the work environment -
1. Anti-Sexual Harassment Act (RA 7877) - gravamen of o ense: ABUSE OF
POWER BY THE EMPLOYER.
2. Safe Spaces Act (RA 11313) -
ANTI-HARASSMENT ACT SAFE SPACES ACT

HOW 1. SEXUAL FAVOR is made as a 1. Act or series of acts involving any unwelcome
COMMITTED condition for either: sexual advances, requests or demand for sexual
- hiring, re-employment, continued favors or any act of sexual nature, whether done
employment; or verbally, physically or through the use of
- Granting favorable compensation, technology such as text messaging or electronic
terms, conditions, promotions, or mail or through any other forms of information
privileges and communication systems, that has or could
2. REFUSAL TO GRANT the sexual have a detrimental e ect on the conditions of an
favor result in either: individual’s employment or education, job
- Discrimination performance or opportunities;
- Deprivation of employment 2. A conduct of sexual nature and there conduct-
opportunities based on sex a ecting the dignity of a person,
- Diminished employment opportunities which is unwelcome, unreasonable, and
- Other adverse e ects o ensive to the recipient, whether done
3. When sexual advances either: verbally, physically or through the use of
- impair employee rights or privileges; technology
or 3. Conduct that is unwelcome and pervasive and
- Result in an intimidating, hostile or creates an intimidating, hostile or humiliating
o ensive environment environment for the recipient.

DUTIES OF 1. Promulgate appropriate rules and 1. Disseminate or post in a conspicuous place a

THE regulations, prescribing the copy of the law to all persons in the workplace;
EMPLOYER procedure for the investigation of 2. Provide measures to prevent gender-based
sexual harassment cases and the sexual harassment in the workplace, such as the
administrative sanction therefor. conduct of anti-sexual seminars.
Administrative sanction shall not be 3. Create an independent internal mechanism or
a bar to prosecution for sexual Committee on Decorum and Investigation
harassment. (CODI) to investigate and address complaints of
2. Create a committee on decorum gender-based sexual harassment
and investigation of cases on sexual 4. Develop and disseminate, in consultation with all
harassment. persons in the workplace, including employees
3. Disseminate or post a copy of this or their representatives and union, if any, a Code
Act for the information all concerned of conduct or workplace policy.

LIABILITIES The following are SOLIDARILY LIABLE EMPLOYERS SHALL BE LIABLE FOR:
OF FOR DAMAGES arising form the acts of 1. Gender-based sexual harassment
EMPLOYERS sexual harassments committed in the 2. Non-implementation of their duties under
employment, education, or training Section 17 of this Act
environment:
3. Not taking action on reported acts pf
1. Employer, or
gender-based sexual harassment
2. Head of o ce
- provided that if they were INFORMED
of such acts and no immediate action is
taken therefrom.

PRESCRIPTI Within 3 years

VE PERIOD
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IV. SOCIAL WELFARE LEGISLATION -

A. SSS Law -

1. Coverage and exclusions -

COMPULSORILY VOLUNTARILY COVERED EXEMPTED FROM COVERAGE
COVERED

1. Employees and 1. Non-working spouses, unless 1. Services where there is NO

their employers - all they are also engaged in other EMPLOYEE-EMPLOYER
employees including vocation or employement which RELATIONSHIP;
kasambahays not is subject to mandatory 2. Services performed in the
over 60 years of age coverage employ of the Philippine
2. Self-employed 2. OFW upon the termination of Government or instrumentality or
3. OFWs - all sea- their employment overseas; agency thereof;
based and land- 3. Filipino permanent migrants, 3. Services performed in the
based OFW, including Filipino immigrants, employ of the foreign
provided they are not permanent residents, and government or international
over 60 years old naturalized citizens of their organization of their wholly-
4. Farmer, shermen, host countries owned instrumentality unless
or a worker in the 4. Employee under compulsory there is an agreement with the
informal sector (IS) coverage who has been Philippines Government for the
- IS as one whose separated form employment inclusion of such employees in
income is irregular or who continues to pay the SSS.
seasonal and who contribution. 4. Such other services performed
may be registered 5. Self-employed member who by temporary and other
asa self-employed realizes no income in any employees which may be
member given month tho continues to excluded by regulation of the
pay contribution Commission

2. Dependents and bene ciaries -

DEPENDENTS PRIMARY BENEFICIARIES SECONDARY
BENEFICIARIES

1. LEGAL SPOUSE 1. Dependent spouse until he/ 1. Dependent

2. Legitimate, legitimated, or legally adopted she remarries; parents in the
and illegitimate child who is unmarried, 2. Dependent spouse who has absence of any
not gainfully employed, and has not not cohabited or entered in a primary
reached 21 years of age, or if 21 years of live-in relationship before or bene ciary; and
age, he is congenitally or while still a after the death of the 2. Any other
minor has been permanently member; person
incapacitated and incapable of self- 3. Dependent, legitimate, designated by
support, physically or mentally; and legitimated, or legally the member, in
3. Parent receiving support regularly from adopted and illegitimate the absence of
the member children. all the foregoing

3. Bene ts - retirement bene ts, death bene ts, funeral bene ts, permanent total
disabled member’s bene ts, permanent partial disabled member’s bene ts,
sickness bene ts, maternity bene ts, unemployed insurance or involuntary
separation bene ts.
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 RETIREMENT DEATH PERMANENT TOTAL DISABILITY PERMANENT
BENEFITS BENEFITS BENEFITS PARTIAL
DISABILITY
BENEFITS

1. Monthly - Upon the death 1. Monthly pension bene t - if 1. Monthly pension

pension of the member member has paid at least 36 bene t -
2. Lump sum who has paid monthly contributions prior to 2. Lump sump
amount - rst 36 monthly the semester of disability bene t -
18 monthly contributions 2. Lump sump bene t - if he has 3. Supplemental
pension in a prior to the not paid the required 36 monthly disability
lump sum semester of contributions he shall be entitled allowance -
death, his to a lump sump bene t
REQUISITES FOR primary equivalent to the monthly
ENTITLEMENT: bene ciaries pension, whichever is higher
1. Member must shall be 3. Supplemental disability
have at least entitled to the allowance - in addition to
120 monthly monthly monthly pension, this is paid to
contributions pension. the total disability pensioners
prior to the - If he has no 4. 13th month pension -
semester of primary equivalent to the amount of the
retirement bene ciaries, monthly pension due and
2. Has reached 60 his secondary additional bene t allowance
years old and is bene ciaries 5. Deemed paid contributions -
already shall be
separated from entitled to a
employment to lump sump
has ceased t o bene t
be self- equivalent to
employed 36 times the
3. At least monthly
65years old pension.

SICKNESS BENEFIT MATERNITY BENEFITS FUNERAL UNEMPLOYMENT

BENEFITS INSURANCE OR
INVOLUNTARY
SEPARATION
BENEFITS
- daily cash allowance paid by - daily cash allowance - intended - a monthly cash
the employer to the member granted to a female to help payment equivalent
who is unable to work due to member in every instance defray the to 50% of the
sickness or injury for each day of pregnancy resulting in cost of Average Monthly
child birth, miscarriage or
of compensable con nement funeral Salary Credit for a
emergency termination of
- Must have paid at least 3 expenses maximum of 2 month
pregnancy
monthly contributions within - Must have paid at least 3 upon the - - has paid at least 36
the 12-month period monthly contributions in death of a monthly contributions
immediately before the the 12-month period member
semester of sickness or injury; immediately preceding the
- Was con ned for at least 4 semester of childbirth or
days miscarriage or emergency
- Noti ed employer termination of pregnancy
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 B. GSIS Law -
1. Coverage and exclusions -
- WHEN MEMBERSHIP TAKES EFFECT: date of the member’s assumption to
duty on his original appointment or election to public o ce.
COVERED FROM GSIS LAW EXCLUDED FROM GSIS LAW

1. All government personnel, whether elective or 1. Uniformed personnel of the Armed Forces of
appointive, irrespective of status of the Philippines;
appointment, provided they are receiving xed 2. Uniformed personnel of the Philippine
monthly compensation and have not reached National Police;
the mandatory retirement age of 65 years 3. Uniformed personnel of the Bureau of Fire
2. Employee who is already beyond the retirement Protection;
age of 65 shall compulsorily covered and be 4. Uniformed personnel of the Bureau of Jail
required to pay both the life and retirement Management and Penology
premiums under the following situations: 5. Barangay and Sangguiniang O cials who are
3. Contractual employees including casuals and not receiving xed monthly compensation.
other employees with an employee-government 6. Contractual employees who are not receiving
agency relationship, provided they are receiving xed monthly compensation; and
xed monthly compensation and rendering 7. Employee who not have monthly regular
required number of working hours for the hours of work and are not receiving xed
month. monthly compensation.

2. Dependents and bene ciaries -

DEPENDENTS PRIMARY SECONDARY
BENEFICIARI BENEFICIARIES
ES

1. Legitimate spouse dependent for support upon the member or 1. Legal 1. Dependent
pensioner; dependent parent; and
2. Legitimate, legtimitated, legally adopted child, including spouse 2. Legitimate
illegitimate child who is unmarried, not gainfully employed, not until he/ descendants
over the age of majority or is over the age of majority but she subject to the
incapacitated and incapable of self-support employment due remarries; restriction on
to mental or physical e ect acquired prior to the age of and dependent
majority; 2. Dependent children
3. Parents who are dependent upon the member for support children

3. Bene ts - retirement bene ts, disability bene ts, survivorship bene ts, funeral
bene ts, life insurance bene ts
- PRESCRIPTIVE PERIOD FOR CLAIMS UNDER GSIS: after 4 years from the date of
contingency.
- BASIC MONTLY PENSION UNDER GSIS LAW: equal to 37.5% of the revalued average
monthly compensation, plus 2.5% of the said revalued average monthly
compensation, provided that the basic monthly pension shall not exceed 90% of the
average monthly compensation.
- ADJUSTMENT OF BASIC MONTHLY PENSION:upon the RECOMMENDATION of the
President and the General Manager of the GSIS, and APPROVED by the President in
accordance with the rules and regulations prescribed by the GSIS.
- MINIMUM AMOUNTS FOR BASIC MONTHLY PENSION: not be les than P1,300 for the
basic monthly salary, and not less than P2,400 for those who have rendered at least 20
years of service.
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 RETIREMENT BENEFITS DISABILITY BENEFITS SURVIVORSHIP
OPTIONS UNDER GSIS BENEFITS
LAW:
1. 5 years lump sump - the bene ts that are granted to a member 1. Survivorship pension,
equivalent to 60 months of due to the loss or reduction in earning as follows:
the basic monthly pension capacity caused by a loss or impairment of - basis survivorship
(BMP), subject to the normal functions of his/her physical and/ pension which is 50% of
quali cation requirements, or mental faculties as a result of an injury or the BMP.
less than outstanding disease. - Dependent children’s
obligations of the member in - KINDS: pension not exceeding
accordance with the Claims 1. Permanent total disability (PTD) - due to 50% of the BMP.
and Loans Interdependence injury or disease causing complete,
Policy, plus an old-age irreversible, and permanent incapacity that 2. Cash payment
pension bene t equal to the will permanently disable a member to equivalent to 100% of
BMP payable for life, work or to engage in any gainful occupation the member’s
starting on the rst day of the resulting to loss of income. average monthly
month following the 2. Permanent partial disability (PPD) - arises compensation for
expiration of the 5 year upon irreversible complete and permanent each year of service he
guaranteed period. loss or impairment of certain physical pid contribution, but
2. Cash payment bene t faculties, despite which the member is able not less than P12,000.
equivalent to 18 times of to pursue a gainful occupation resulting to
the BMP, subject to the disability to work for a limited period of
quali cations requirements, time.
less all outstanding 3. Temporary Toal disability (TPD) - arises
obligations of the member in when the impaired physical and/mental
accordance with the CLIP, faculties can be rehabilitated and/or
plus a monthly pension for restored to their normal functions, but such
life payable on the rst month disability shall result in temporary incapacity
following the date of to work or to engage in any gainful
retirement. occupation
3.

CONDITIONS FOR CONDITIONS: CONDITIONS:

ENTITLEMENT TO
RETIREMENT BENEFITS 1. He is in the service at the time of the 1. That the deceased
UNDER GSIS LAW: disability; or member was in the
2. If separated from service: service at the time of
1. He has rendered at least 15 a. Has paid at least 36 monthly contributions his death;
years of service; within the 5-year period immediately 2. If separated form the
2. He is at least 60 years of age preceding his/her disability; service, has at least 3
at the time of retirement; b. Has paid a total of at least 180 monthly years of service at the
and contributions, prior to his/her disability; time of his death and
3. He is not receiving a monthly c. Is gainfully employed prior to the has paid 36 monthly
pension bene t from commencement of disability resulting in contribution within
permanent total disability. loss of income as evidenced by any the 5 year period
incontrovertible proof; immediately preceding
d. Not registered member of any social his death, or has paid
insurance institution; at least 180 monthly
e. Not receiving any other pension either from contributions prior to
SGIS or any other local or foreign institution his death
or organization.
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 FUNERAL BENEFITS LIFE INSURANCE BENEFITS

CONDITIONS FOR ENTITLEMENT- COMPULSORILY COVERED:

paid upon death of: 1. All employees
1. An active member 2. Including the members of the Judiciary and the
2. Member who has been separated Constitutional Commissioners;
form the service with more than 15
years of creditable service, but TO WHOM PAYABLE:
entitled to future separation or 1. Maturity bene t - member
retirement bene ts; 2. Death bene t - designated bene ciaries/legal heirs.
3. Old age or disability pensioner 3. Accident death bene t - designated bene ciaries/legal
4. A retiree who at the time of his heirs
retirement is at least 60 years of age 4. Waiver of premiums - when member is separated due
with at least 20 years of service but to total and permanent disability, and contributions may
who opts to retire under RA NO. become due and payable during period of shall be
1616. deemed waived and considered paid.
5. Member who retired under RA 1616. 5. Cash Surrender Value - after his insurance have been in
for for 1 year and the member have been separated for
TO WHOM PAYABLE: service prior to maturity of the insurance
1. Legitimate spouse; 6. Insurance loans - upon application by the member who
2. Legitimate child who spent for the has been insured for at least 1 year in an amount not
funeral services; exceeding 50% of Cash value of his insurance at the
3. Any the person who can show time of the application
incontrovertible proof that he 7. Dividends - to all members of the GSIS whose life
shouldered the funeral expenses of insurance is in force for at least 1 year.
the deceased.
EXCLUDING:
NOT ENTITLED: 1. Members of the AFP
1. All survivorship pensioners; 2. PNP
2. Those who have optional life 3. BFP
insurance coverage only. 4. BJMP

C. Limited Portability Law - PORTABILITY - transfer of funds for the account and bene t
of a worker who transfers form one system to the other.
COVERED BENEFITS COVERED

- all worker-members of the GSIS and/or SSS who transfer from one sector to 1. Old age bene t
another, and who wish to retain their membership in both systems. 2. Disability bene t
3. Survivorship bene t
TOTALIZATION 4. Sickness bene t
- the process of adding up the periods of credible services or contributions under 5. Medicare bene t,
each of the System, for the purpose of eligibility and computation of bene ts. provided that the
member shall claim
WHEN TOTALIZATION APPLIES: said bene t from the
1. If a worker is not quali ed for any bene ts from both be ts; system where he was
2. If a worker in the public sector is not quali ed for any bene ts in the GSIS; last a member; and
3. If a worker in the private sector is not quali ed for any bene ts form the SSS. 6. Such other bene ts
- totalization will NOT APPLY if a worker quali es in both systems. common to both
- If after the totalization, the worker member still does not qualify for any bene t system that may be
listed above, the member will then get whatever bene ts correspond to his/her availed of through
contributions in either or both systems. totalization.
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 D. Disability and death bene ts -

1. Labor Code - PRESCRIPTIVE PERIOD FOR ALL CLAIMS: led with the
system within 3 years from the time the cause of action accrues.
DISABILITY BENEFITS UNDER LC DEATH BENEFITS UNDER
LC

1. TEMPORARY TOTAL DISABILITY - an employee who sustains an - the system shall pay the
injury or contracts sickness resulting in temporary total disability primary bene ciaries upon
shall, for each day of such disability or fraction thereof, be paid by the death of the covered
the System an income bene t equivalent to 90% of his average employee an amount
daily salary credit subject to the following conditions: equivalent to his monthly
- daily income bene t shall not be less than P10 or more than P90, income plus 10% for each
nor be paid for a continuous period longer than 120 days. dependent child, but not
exceeding 5, beginning
2. PERMANENT TOTAL DISABILITY - an employee who contracts with the youngest and
sickness or sustains an injury resulting in his permanent total without substitution
disability shall, for each month until his death be paid by the System provided that if he has no
during such disability, amount equivalent to the monthly income primary bene ciary, the
bene t plus 10% for each dependent child but not exceeding 5, System shall pay to his
beginning with the youngest and without substitution. secondary bene ciaries
the monthly income
3. PERMANENT PARTIAL DISABILITY - any employee who contracts bene t but not to exceed
or su ers an injury in permanent partial disability shall, for each 60 month. The minimum
month be paid by the system during such disability an income death bene t shall not be
equivalent to the income bene t of permanent total disability. less than P15,000.

DISABILITIES DEEMED TOTAL AND PERMANENT UNDER LC: DEPENDENCY

1. Temporary total disability lasting continuously for more than 120 - does not mean absolute
days, except as otherwise provided for in the Rules; dependency for the
2. Complete loss of sight of both eyes; necessities of life, but
3. Loss of 2 limbs at or above the ankle or wrist rather. That the plainti
4. Permanent complete paralysis of 2 limbs looked up to and relied on
5. Brain injury resulting in incurable imbecility or insanity the contribution of
6. Such cases as determined by the Medical Director of the System dependent in whole or in
and approved by the Commission. part. As a means of
supporting and maintaining
herself in accordance with
her station in life.

2. POEA-Standard Employment Contract for Seafarers - PRESCRIPTIVE

PERIOD FOR CLAIMS: made within 3 years from the date the cause of action
accrues.
COVERED WHEN EMPLOYER WHEN DISABILITY/DEATH NOT COMPENSABLE
LIABLE FOR EE’S
DISABILITY ALLOWANCE

- all Filipino - when the seafarer - no compensation and bene ts shall be payable in respect
seafarers on su ered work-related of any injury, incapacity, disability, or death of the seafarer
board ocean- injury or illness during resulting form his willful or criminal act or intentional breach
going ships the term of his contract of his duties, provided that the employer can prove that
such injury, incapacity, disability or death is directly
attributable to the seafarer/
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 REQUISITES FOR WORK-RELATED ILLNESS LIABILITIES OF EMPLOYER WHEN SEAFARER
UNDER POEA SUFFERS WORK-RELATED INJURY OR ILLNESS
DURING TERM OF CONTRACT

1. The seafarer’s work must involve the risks 1. The employer shall continue to pay the seafarer
described under Section 32-A of the POEA his wages during the time he is on board of the
2. The disease was contracted as a result of the ship
seafarer’s exposure to the described risk; 2. The employer shall be liable for the full cost of
3. The disease was contacted within the period such medical, serious dental, surgical and
of exposure and under such other factors hospital treatment as well as board and lodging
necessary to contract it; and until the seafarer is declared t to work or to be
4. There was no notorious negligence on the repatriated
part of the seafarer. In case the seafarer Is 3. Seafarer shall also receive sickness allowance
disembarked from the ship for medical from his employer in the amount equivalent to
reasons, the employer shall bear full his basic wage.
repatriation in the event the seafarer is 4. In case the seafarer Is disembarked from the
declared t for repatriation or t for work but ship for medical reasons, the employer shall
the employer is unable to nd employment for bear full repatriation in the event the seafarer is
the seafarer on board his former ship or declared t for repatriation or t for work but
another ship of the employer; and In case of the employer is unable to nd employment for
permanent tote or partial disability of the the seafarer on board his former ship or
seafarer caused by either injury or illness, the another ship of the employer; and
seafarer shall be compensated on 5. In case of permanent tote or partial disability of
accordance with the schedule of bene ts the seafarer caused by either injury or illness,
enumerated in Section 23-A. the seafarer shall be compensated on
accordance with the schedule of bene ts
enumerated in Section 23-A.

CONSEQUENCE IF SEAFARER KNOWINGLY THIRD DOCTOR OPINION RULE

AND CONCEALS A PRE-EXISTING ILLNESS - if a doctor is appointed by the seafarer disagrees,
OR CONDITION: a third doctor may be agreed jointly between the
- shall be liable for misrepresentation and shall employer and the seafarer. The third doctor’s
be disquali ed from any compensation or decision shall be nal and binding on both parties.
bene t.
- Just cause for termination of employment and
imposition of proper administrative sanctions.
NOTE: The seafarer can claim bene ts of both under the POEA-SEC and those provided
under the Philippine Laws. (SSS, ECC, PAG-IBIG Fund).
——————————————————————————————————————————

V. LABOR RELATIONS -
A. Right to self-organization - right of the employees to form, join, or assist in the
formation of a labor organization of their own choosing for purposes of collective
bargaining through representatives of their own choosing and to engage in lawful
concerted activities for purposes of collective bargaining or for their mutual aid and
protection.
- LABOR ORGANIZATION - is any union or association of employee which exists in
whole or on part for the purpose of collective bargaining with employers
concerning terms and conditions of employment.
- WORKER’S ASSOCIATION - an association organized for the mutual aid and
protection of its members or for ay legitimate purpose other than collective
bargaining.
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 1. Who may join, for, or assist labor organizations or workers’ associations -
ELIGIBLE TO JOIN, FORM OR ASSIST A LABOR ORGANIZATION FOR ELIGIBLE TO JOIN
PURPOSES OF COLLECTIVE BARGAINING A LABOR
ORGANIZATION
FOR MUTUAL AID
AND PROTECTION

1. PRIVATE SECTOR 1. Ambulant

a. All persons employed in coercion, industrial and agricultural enterprises; workers
b. Employees of GOCCs without original charters established under the 2. Intermittent
Corporation Code; workers
c. Employers of religious, charitable, medical or educational institutions, 3. Rural workers
whether operating for pro t or not; 4. Self-employed
d. Supervisory employees people
e. Alien employees 5. Itinerant workers
f. Homeworkers 6. Those without
g. Employees of cooperatives de nite
h. Employees of legitimate contractors employers
2. PUBLIC SECTOR 7. Employees of a
- all rank-and- le employees of all branches, subdivisions, instrumentalities, common
and agencies of government, including GOOCs with original charters. employer

2. Restrictions as to managerial employees, supervisory employees,

con dential employees, employee-members of cooperatives, alien
employees, and government employees -
NOT ELIGIBLE TO JOIN, FORM OR
ASSIST A LABOR ORGANIZATION:

1. Managerial employees MANAGERIAL EMPLOYEES

2. Employees of International - those who are vested with powers or prerogatives to lay
Organizations with immunities down and execute management policies and/or hire,
3. Members of the Armed Forces of the transfer, suspend, lay-o , recall, discharge, assign,
Philippines, including police o cers, or discipline employees.
policemen, remen and jail guards SUPERVISORY EMPLOYEES
4. Con dential employees - those who in the interest of the employer, e ectively
5. High-level or managerial recommend such managerial actions if the exercise
government employees of such authority is not merely routinely or clerical in
6. Aliens without valid working nature but requires the use of independent judgment.
permits or aliens with valid working - Shall not be eligible for membership in the CBU of rank-
permits but are nationals of a country and- le employees but may join, form or assist separate
which do not allow Filipinos to CBU and/or labor LLO of their own.
exercise the right of self-organization CONFIDENTIAL EMPLOYEES
and to join or assist labor - are those who assist or act in a con dential capacity, to
organization; persons formulate, determine and e ectuate
7. Government employees, including management policies in the led of labor relations.
GOCC with original charter - Legal basis for prohibition: Doctrine of Necessary
8. Employees of cooperatives who are Implication because since managerial employees are
at the same time its members prohibited CE are also impliedly prohibited., who by the
9. Subversives or those directly or nature of their functions, assist and act in a con dential
indirectly engaged in subversive capacity to, or have access to con dential matters of,
activities. persons who exercise managerial functions in the eld
of labor relations.
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 NOT ELIGIBLE TO JOIN, FORM OR
ASSIST A LABOR ORGANIZATION:

COOPERATIVES
NOT ELIGIBLE TO JOIN, FORM, OR 1. Employees who are MEMBERS of cooperative have
ASSIST A LO IN THE PUBLIC SECTOR: NO right to form labor organizations
1. HIGH-LEVEL EMPLOYEES whose - an employee of such cooperative who is a member and
functions are normally considered as co-owner thereof cannot invoke the right to collective
policy-making or managerial or whose bargaining for certainly an owner cannot bargain with
duties are of a highly con dential himself or his co-owners.
nature shall not be eligible to join the 2. Employees who are NOT MEMBERS of the
organization of rank-and- le cooperative may exercise the rights to form labor
government employees. organizations
2. Members of the AFP, including the - certainly such employees are entitled to exercise the
police o cers, remen, and jail rights of all workers to organization, collective
guards. bargaining, negotiations and others
3. Employees who are MEMBERS-CONSUMERS of a
GOVERNMENT EMPLOYEES cooperative are also NOT quali ed to form, join, or
- they may organize, unionize and assist labor organizations for purposes of collective
negotiate employment conditions not bargaining
xed by law, but they CANNOT - an owner cannot bargain with himself.
STRIKE
ALIEN EMPLOYEE - REQUISITES FOR THEM TO BE
ABLE TO JOIN A LO:
1. Should have a valid working permit issued by the
DOLE; and
2. National of a country which grants the same or similar
rights to a Filipino workers or which ahas rati ed wither
ILO Convention

3. Determination of appropriate bargaining unit (ABU), e ect of inclusion of

employees outside of the ABU - BARGAINING UNIT - refers to a group of
employees sharing mutual interest within a given employer unit, comprised of all
or less than all of the entire body of employees in the employer unit to any
speci c occupational or geographical grouping within such employer unit.
TESTS IN DETERMINING ABU: COMMINGLING OR MIXTURE OF MEMBERSHIP

1. COMMUNITY or MUTUALITY OF INTEREST - is the inclusion as union members of

DOCTRINE - employees sought to be employees OUTSIDE the bargaining unit.
represented must have community of mutuality of - It also refers to any mingling between
interest in terms of employment and working supervisory and rank-and- le employees
conditions as evinced by the type of work they in its membership on a LLO.
perform. EFFECT OF COMMINGLING OR MIXTURE
2. COLLECTIVE BARGAINING HISTORY OF MEMBERSHIP:
DOCTRINE - puts premium to the prior collective - not a ground for cancellation of the
bargaining history and a nity of the employees registration of the union, unless such
3. EMPLOYMENT STATUS DOCTRINE - based on mingling was brought about by
employment status of the employees, such as misrepresentation, false statement or
temporary, seasonal, and probationary. fraud.
4. GLOBE DOCTRINE - based on express will or - Said EMPLOYEES are automatically
desire of the employees. deemed removed from the list of
membership of said union.
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 4. Non-interference with workers’ rights to self-organization - the right of the people,
including those employed in the public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be abridged.
- the employer’s refusal to bargain, to its acts of economic inducements resulting in the
promotion of those who withdrew form the union, the use of armed guards to prevent
the organizers to come in, and the dismissal of union o cials and members, one
cannot but conclude that the employer did not want a union in its hacienda - a clear
interference in the right of the workers to self-organization.

B. Legitimate labor organizations-

1. Registration with the DOLE -
REQUIREMENTS FOR ISSUANCE OF CERTIFICATION WHERE TO FILE EFFECT OF NON-
OF REGISTRATION REGISTRATION

1. P50 registration fee 1. Regional o ce where - does not

2. Names of its o cers, their addresses the the applicant mean it is
principal address of the labor organization, the principally operates - “illegitimate”.
minutes of the organization meetings and the list for registration of - It simply
of the workers who participated in such independent labor means
meetings; unions, chartered locals, unregistered
3. In case the applicant is an independent union, the or worker’s association and has no
names of all its members comprising at least 2. Bureau of Labor legal
20% of all the employees in the bargaining unit Relations (BLR) or the personality.
where it seems to operate; Regional o ces - - It exists legally
4. If the applicant union has been in existence for 1 applications for but does not
or more years, copies of the annual nancial registration of possess the
reports; federations, national rights of a
5. 4 copies of the constitutional and by-laws of unions, o worker’s legitimate
the applicant union, minutes of its adoption or association operating in labor
rati cation, and a list of members who MORE THAN 1 organization
participated in it. REGION. (LLO)
2. Cancellation of registration -
GROUNDS FOR CANCELLATION EFFECT OF REGISTRATION OF RULES ON CANCELLATION
PETITION LLO MAY BE
FOR CANCELLED BY
CANCELLAT ORGANIZATION
ION ITSELF

1. Misrepresentation, false statement, - shall not - provided that: Legitimate individual labor union,
or fraud in connection with the suspend the 1. At least 2/3 of its chartered local, worker’s association,
adoption or rati cation of the proceedings general federation
Constitution and by-laws or - Where to le: Regional Director
on membership
amendments thereto, the minutes of who has jurisdiction over the
certi cation votes, in a meeting
rati cation and the list of members place where respondent
who took part in the rati cation
of election duly called for that principally operates
2. Voluntary dissolution by the nor shall purpose, to - Who may le: any party-in-
members; prevent the dissolve the interest
3. Misrepresentation, false ling of a organization; and
statements, or fraud in connection petition for 2. An application to FEDERATIONS, National or Industrial
with the election of o cers, minutes certi cation cancel registration Nations, Trade Union Centers:
of the election of o cers, and list of election. is thereafter - Where to le: Bureau Director
voters. submitted by the (30 days to decide)
- Who may le: at least 30% of
Board, attested by
the members of the union or any
the President.
member/s
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 3. A liation/disa liation from national union or federation -
REQUIREMENTS FOR RELATIONSHIP UNION’S RIGHT TO EFFECTS OF
AFFILIATION DISAFFILIATE DISAFFILIATION

1. Report of a liation of - the National - right of the a liate 1. As to Union

independently registered union, or mother union to disa liate Dues - the
labor union; union, acting for from its mother federation will no
2. Attachments and in behalf of its federation or longer receive the
- resolution of the labor union’s a liate has the national union dues from the
BOD approving the a liation; STATUS of an which is employer because
- Minutes of the general agent while the constitutionally- without the said
membership meeting a liate or local guaranteed right a liation, the
approving the a liation chapter remains the that may be employer has no
- Total number of members principal - the invoked by the link to the mother
comprising the labor union basic unit of the former at any time. union; or
and the names of members association free to - WHEN: 2. As to existing
who approved the a liation; serve the common GR: only during the CBA - CBA
- Certi cate of a liation issued interest of all its 60-day freedom continued to bind
by the federation in favor of members, subject period immediately the members of
the independently registered only to the preceding the the new or
labor union; constraints expiration of the CBA. disa liated and
- Written notice to the imposed by the XPN: when it is independent
employer concerned if the institution and e ected by a majority union up to the
a liating union is the bylaws of the of the members in CBA’s expiration
incumbent bargaining agent. association. the bargaining unit. date.
- EQUITY OF THE INCUMBENT - all existing federations and national unions which meet the
quali cations of a LLO and none of the grounds for cancellation shall continue to maintain their
existing a liates regardless of the nature of the industry and the location of the a liates.
- SUBSTITUTIONARY DOCTRINE - ONLY MEANS THAT THE EMPLOYEES, THROUGH THEIR NEW
BARGAINING AGENT, CANNOT RENEGE ON THEIR COLLECTIVE BARGAINING CONTRACT,
except of course to NEGOTIATE WITH MANAGEMENT for the shortening thereof.

4. Rights of legitimate labor organizations -

5. Rights and conditions of membership in legitimate labor organizations -
RIGHTS OF “MEMBERS” OF LABOR ORGANIZATION RIGHTS OF LABOR
ORGANIZATION
1. Deliberative and decision making right - the right to participate in the 1. To undertake activities for
deliberations on major policy questions and decide by secret ballot the bene t of the
2. Right to information - right to be informed about: organization and its
- organizations’ constitution and by-laws
members
- CBA and labor laws
2. To sue and be sued
3. Right over money matters - right of members:
- against imposition of arbitrary or excessive initiation fees 3. To be the exclusive
- Against unauthorized collection of contributions or unauthorized disbursements representative of all
- To require adequate records of income and expenses, which shall form part of the employees
nancial records of the organization 4. To represent union members
- To access nancial records
- 5. To be furnished by
To vote on o cer’s compensation
- To vote on special assessment
employers of audited
- To be deducted a special assessment only with the member’s written authorization nancial statements
4. Political right - the right to vote and be voted of, subject to lawful 6. To own properties, and
provisions on quali cations and disquali cations 7. Exemption from taxes
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 RELATIONSHIP OF UNION AND ITS MEMBERS - Principal (members) and Agent (union);
their relationship is FIDUCIARY IN CHARACTER.
- Union may be considered but the AGENT of its members for the purpose of securing for
them fair and just wages and good working conditions. As an agent, it is subject to the
obligation of giving the members as its principals all information relevant to union and
labor matters entrusted to it.
6. Check-o , assessments, union dues, and agency fees -
CHECK-OFF UNION DUES AGENCY FEES

- method of deducting by the employer - the regularly monthly - are those reasonable fees
form the employee’s pay at prescribed contributions paid by the assessed to the employees of an
periods the amounts due to the union for members to the union in appropriate bargaining unit who are
fees, nes or assessments, exchange for the bene ts NOT MEMBERS of the recognized
- It assures the continuous funding for the give to them by the CBA bargaining agent, if such non-union
labor organization and to nance the members accept the bene ts under
activities of the union in the CBA.
representing them.

REQUIREMENTS: REQUIREMENTS FOR REQUISITES FOR IMPOSITION

- special assessments. Attorney’s fees, LEVY OF SPECIAL OF AGENCY FEES:
registration fees or any other extraordinary ASSESSMENTS OR 1. The employee is part of the
fees may be checked o from any amount EXTRAORDINARY bargaining unit
due on employee provided that an FEES: 2. He is not member of a union
individual written authorization is duly 1. There must be a 3. He partook of the bene ts of
signed by the employee speci cally stating WRITTEN the CBA.
the: RESOLUTION;
1. Bene ciary of the deduction 2. The resolution must WHEN TO DEMAND AF:
2. Amount, and have been approved - the right of the SEBA to demand
3. Purpose by a majority of all the from the employer the check-o f
members; agency fees accrues from the
GR: The individual written authorization duly 3. The approval must be moment the non-SEBA member
signed by the employee is an additional at a general accepts and receives the
requirement for levy of special assessments or membership meeting bene t from the CBA.
extraordinary fees in order that special dully called for that - Individual written authorization
assessment may be validly checked-o purposes; and is not necessary for the
XPNs: 4. The Secretary of the collection of agency fees from a
1. For mandatory activities provided under organization shall non-union employee. The
the lc record the minutes of employee’s acceptance of
2. When non-members of the union avail of the meeting, which bene ts resulting from a CBA
the bene ts of the CBA shall be attested to justi es the deduction of
3. Check-o for union service fees authorized by the President. agency fees from his pay and
by law. the union’s entitlement thereto.

7. Union security clause - a stipulation in the CBA requiring membership in the

contracting union as a condition for employment or retention of
employment in the company.
KINDS OF USC

CLOSED-SHOP - an agreement whereby an employer binds himself to hire only members of

AGREEMENT the contracting union, who must continue to remain members in good
standing to keep their jobs

UNION SHOP - non-members of the contracting union may be hired but to retain
AGREEMENT employment, they must become union members after a certain period. The
requirement applies to present and future employees
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 KINDS OF USC

PREFERENTIAL - an agreement whereby the employer merely agrees to GOVE PREFERENCE

SHOP AGREEMENT to the members of the bargaining union in hiring, promotion, or ling vacancies
and retention in case of lay-o . The employer has the right to hire from the
open market if union members are not available.

AGENCY SHOP - an agreement whereby employees must either join the union or pay to the
AGREEMENT/ union as exclusive bargaining agent a sum equal to that paid by the
MAINTENANCE OF members.
TREASURY SHOP

BARGAINING FOR - provides that the union is recognized as the bargaining agent only for its own
MEMBERS ONLY members.

EXCLUSIVE - union is recognized as the exclusive bargaining agents for all employees in
BARGAINING SHOP the bargaining unit, whether union members or not

MAINTENANCE OF - no employee is compelled to join the union, but all present or future members
MEMBERSHIP must, as a condition of employment remain in good standing
SHOP AGREEMENT

MODIFIED UNION - provides that the employees who are not union members at the time of
SHOP signing the contract need not join the union, but all the workers hired thereafter
must join.

C. Bargaining representative - means any legitimate labor union duly recognized or

certi ed as the sole and exclusive bargaining representative or agent of all the
employees in a bargaining unit.
- XPN to the exclusiveness of the representative role of the sole and exclusive
bargaining representative - an INDIVIDUAL EMPLOYEE or GROUP OF
EMPLOYEES shall have the right at any time to present grievance directly to their
employers, regardless of whether they are members or non-members of the SEBA,
to present their grievances to their employer, even without the intervention of the
exclusive bargaining representative.

1. Modes to acquire status as Sole and Exclusive Bargaining Agent (SEBA) -

- METHODS TO DETERMINE THE BARGAINING REPRESENTATIVE:
1. Request for SEBA Certi cation
2. Certi cation Election
3. Consent Election
a. SEBA Certi cation - a process whereby the DOLE recognizes a labor
organization as the exclusive bargaining representative of the employees in the
appropriate bargaining unit.
- WHERE TO FILE REQUEST FOR SEBA CERTIFICATION: in the DOLE
Regional O ce which issued its certi cate of registration or certi cate of
creation of chartered local, as the case may be.
- EFFECT OF ISSUANCE OF CERTIFICATION AS SEBA BY THE REGIONAL
DIRECTOR: (1) the certi ed union or local shall enjoy all the rights and
privileged of an exclusive bargaining agent of all the employees in the
covered bargaining unit. (2) shall also bar the ling of petition for certi cation
election by any labor organization for a period of 1 year from date of its
issuance.
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 b. Certi cation/Consent Election -
CERTIFICATION ELECTION CONSENT ELECTION

- refers to the process of determining through secret ballot the sole and - an election voluntarily
exclusive representative of the employees in an appropriate bargaining unit agreed upon the parties
for purposes if collective bargaining or negotiation. with or without the
intervention of the DOLE,
to determine the issue of
majority representation of
all workers in the
appropriate collective
bargaining unit.
WHEN MANDATORY ON THE PART OF THE BLR (Bureau of Labor Relations): - it is voluntarily agreed
1. Filing of a veri ed petition by a LLO including a national union or federation which has upon by the parties with
already issued a charter certi cate to its local chapter participating in the certi cation
or without the
election or local chapter which has been issued a charter certi cate by the national union
or federation; or intervention by the
2. Filing of a petition by the employer when such employer is requested by the employees DOLE.
to bargain collectively where there is no existing certi ed collective bargaining agent.

REQUISITES TO BE MET FOR THE CONDUCT OF A CERTIFICATION ELECTION IN

ORGANIZED ESTABLISHMENTS:
1. The petition for certi cation election (PCE) questioning the majority status of the
incumbent bargaining agent is led before the DOLE within the 60-day freedom period.
2. Such PCE is veri ed;
3. PCE is supported by the written consent of at least 25% of all the employees in the
bargaining unit.

- when there is NO CBA = the petition may be led ANYTIME except within 12 month of
a previous election.

REQUIREMENTS FOR THE CONDUCT OF CERTIFICATION ELECTION IN UNORGANIZED

ESTABLISHMENTS OR NO UNION OR CBR:
- certi cation shall automatically be conducted by the MED-ARBITER upon the ling of a petition by any
LLO.

GROUNDS FOR DISMISSAL OF A PETITION FOR CERTIFICATION ELECTION:

1. NEGOTIATION or DEADLOCK - where the duly certi ed union has commenced and
sustained negotiations with employer within 1 period, or there exists a bargaining
deadlock which has been submitted to conciliation or arbitration
2. ABSENCE OF EMPLOYMENT RELATIONSHIP - absence of ee-er relationship between
all members of the petitioning union and the establishment
3. NON-APPEARANCE - non-appearance of the petitioner for 2 consecutive scheduled
conferences before the Med-Arbiter despite notice.
4. NO CHARTER - failure of the local/chapter or national union/federation to submit a duly
issued charter certi cate upon the ling of the petition for certi cation election;
5. EXISTING CBA - petition was led before or after the freedom period of a duly-registered
CBA
6. LACK OF SUPPORT - in case of an organized establishment, failure to submit the 25%
support requirement for the ling of the petition for certi cation election.
7. UNREGISTERED UNION -
8. 12-MONTH BAR RULE - petition was le within 1 year from entry of voluntary
recognition or a valid certi cation, consent or run-o election and no appeal on the
results of the certi cation, consent, or run-o election is pending.

QUALIFIED TO VOTE:
- all employees who are members of the appropriate bargaining unit 3 months prior to
the ling of the petition/request are eligible to vote.
- Employee who has been dismissed from work but has contested the legality of the
dismissal in the forum of appropriate jurisdiction at the time of the issuance of the order
for the conduct of certi cation election.
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 CERTIFICATION ELECTION CONSENT ELECTION

CONSIDERED SEBA AFTER CERTIFICATION ELECTION

- the union which obtained the majority and valid votes cast of all employees within 5 days
from the day of election, provided no protest is recorded in the minutes of election

c. Bars to the holding of Certi cation/Consent Election -

CONTRACT DEADLOCK NEGOTIATION BAR CERTIFICATIO STATUTORY BAR
BAR RULE BAR RULE RULE N BAR RULE RULE

- provides that - provides that a - provides that a - provides that - bars the ling of a
while a valid and petition for petition for certi cation no petition for PCE within a
registered CBA certi cation election cannot be certi cation period of 1 year
of a xed election can entertained if, before election may be from the date of a
duration is only be the ling of the led within 1 valid conduct of a
subsisting, the entertained if petition for year from the certi cation,
BLR is not there is no certi cation, the duly date of a valid consent, run-o
allowed to hold p e n d i n g recognized or certi cation, or re-run election
an election bargaining certi ed union has consent, or run- where no appeal
contesting the d e a d l o c k commenced and o election or on the results
majority status submitted to sustained from the date of thereof was
of the conciliation or negotiations with the entry o a made.
incumbent arbitration or had employer within 1 voluntary - The 1 year period
union during become the year from the date of recognition begins to run on
the 5-year term subject of a valid the valid certi cation, (now the the actual date of
of the CBA notice of strike or consent, run-o , or re- REQUEST for the prior election,
except during lockout. The run elections, or from SEBA not from the date
the 60-day principal purpose the date of issuance of Certi cation) of the SEBA was
period is to ensure SEBA Certi cation by the union by the certi ed.
immediately stability in the the DOLE. employer.
prior to the relationship of
expiration of the workers and
the CBA. the management.

d. Failure of election, Run-O Election, Re-run election -

WHEN IS THERE FAILURE OF ELECTION EFFECT OF FAILURE OF ELECTION

- where the number of votes cast in a certi cation or - shall not bar the ling of a motion for
consent election is less than the majority of the number the immediate of another
of eligible votes and there are no material challenged certi cation or consent election
votes, declared by the Election o cer in the minutes of within 6 months form the date of
the election proceeding order. declaration of failure of election.

DOUBLE MAJORITY RULE

- provides that for there to be a valid election, the following must concur:
1. Majority of the bargaining unit must have voted;
2. The winning union must have garnered majority of the valid votes cast.

MED-ARBITER - shall proclaim the results of the election; within 24 hours form receipt of
minutes and results of the election form the Election O cer, issue an Order proclaiming
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 the results of the election and certifying the union which obtained a majority of the valid votes
cast as the SEBAA in the subject bargaining unit, under any of the following conditions:
1. No protest was led or, even if one is led, the same was not perfected
within the 5-day period for perfection of protest; or
2. No challenge or eligibility issue was raised or, even if one was raised, the
resolution of the same will not materially change the results of the
elections.
EFFECT OF “NO UNION” WINNING THE ELECTION
- the Med-Arbiter shall declare such fact in the Order proclaiming the results of the
election.
- The minority employees can do nothing except to wait for another suitable occasion to
petition for certi cation election.
RE-RUN ELECTION RUN-OFF ELECTION

AS TO WHEN CONDUCTED: AS TO WHEN CONDUCTED:

- conducted to break a tie between the - It takes place between 2 unions which
contending unions, including between “no received the 2 highest number of votes in a
union” and one of the unions, or after the certi cation election with 3 or more choices,
failure of election has been declared by the where not one of the 2 unions obtained the
election o cer and/or a rmed by the mediator- majority of the valid votes cast.
arbiter.
AS TO VOTING REQUIREMENT: AS TO VOTING REQUIREMENT:
- there must be a tie between contending unions. - total votes of the contending unions subject of
the run-o election must be at least 50% of
the Total votes cast.

AS TO PARTICIPATION OF NO-UNION CHOICE: AS TO PARTICIPATING OF NO-UNION CHOICE:

- the contending unions may include “no union” - “No union” shall not be a choice in the run-o
election.

WHEN SHOULD BE HELD: WHEN SHOULD BE HELD:

- shall be held within 10 days from posting of - Election O cer should motu-propio conduct
the notice by the Election O cer who caused a run-o election, upon presence of all
the same after scheduling the date of the re-run requirements and no objections or challenge
elections after motion for immediate holding of thereto, within 10 days from the close of the
another certi cation election, led within 6 election proceeding between the labor unions
months from the date of declaration of election receiving the 2 highest number of votes cast.
proceedings.
REQUIREMENTS FO PROPER CONDUCT OF A
RUN-OFF ELECTION:
1. Valid election took place because majority of the
collective bargaining unit members voted ( rst
majority);
2. Not one of the choices obtained the majority (50%
+1) (second majority) of the valid votes cast
3. The total votes for the unions are at least 50% of
the votes cast;
4. There is no unresolved challenged votes or election
protest which if sustained can materially alter the
results;
5. The said election presented at least 3 choices
6. 2 unions which garnered the highest number of
votes shall participate in the election.
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 e. Employer as a mere bystander rule - In all cases, whether the petition
for cancellation election is le by an employer or a LLO, the employer
shall not be considered a party thereto with a concomitant right to
oppose a petition for certi cation election.
- the employer’s participation in such proceeding shall be limited to:
1. Being noti ed or informed of petitions of such nature; and
2. Submitting the list of employees during the pre-election
conference should the Med-Arbiter act favorably on the
petition.

D. Collective bargaining - is a right that may be acquired by a LO after registering itself

with the DOLE and after being recognized or certi ed by DOLE as the exclusive
bargaining representative of the employees.

1. Duty to bargain collectively, bargaining in bad faith -

DUTY TO BARGAIN COLLECTIVELY BARGAINING IN BAD FAITH

- When there is no CBA, the duty to bargain collectively means the 4 FORMS OF ULP IN
performance of a mutual obligation between the employer and the BARGAINING:
employee’s majority union to meet and convene for the purposes of: 1. Bad faith in bargaining
- 1. Negotiating an agreement with respect to wages, hours of work, (BOULWARISM),
and all other terms and conditions of employment including including failure or refusal
proposals for adjusting any grievances or questions arising under to execute the CBA, if
such agreement; and requested; and
- Executing a contract incorporating such agreement if requested by 2. Evading the mandatory
either party. subjects of bargaining;
- Duty is to negotiate, not to agree. 3. Gross violation of the
CBA
NOTE: 4. Failure or refusal to meet
GR: If there is an existing agreement (CBA), it is the obligation of and convene.
the parties not to terminate or modify the CBA during its lifetime
XPN: However, either party can serve a written notice to terminate or
modify the agreement at least 60 days prior to its expiration.

JURISDICTIONAL PRECONDITIONS IN CB:

1. Possession of the status of majority representation of the
employees’ representative in accordance with any of the means of
selection or designation;
2. Proof of majority representation;
3. Employee-employer relationship
4. Demand to bargain

While it is a mutual obligation of the parties to bargain, the employer,

however, is not under any legal duty to initiate contract
negotiation.
LOCK, STOCK AND BARREL RULE
- under this rule, the CBA proposed by the union may be imposed lock, stock and barrel on
employer who refused to negotiate a CBA. The employer which violates the duty to bargain
collectively, loses its statutory right to negotiate or renegotiate the terms and conditions of
the draft CBA proposed by the union. Hence, the proposal of the union may be adopted as
the CBA.
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 2. Collective bargaining agreement (CBA), mandatory provisions -
COLLECTIVE BARGAINING AGREEMENT MANDATORY PROVISIONS:

- refers to the negotiated contract between a LLO 1. Wages

and the employer concerning the wages, hours of 2. Hours of work
work, and all other terms and conditions of 3. Vacations and holidays
employment in a bargaining unit, including 4. Bonuses
mandatory provisions for grievances and arbitration 5. Pensions and retirement plans
machineries. 6. Seniority
7. Transfer
MANDATORY SUBJECT OF CBA 8. Lay-o s
- is that which must materially or signi cantly a ect 9. Employee workloads
the terms and conditions of employment, including 10. Work rules and regulations
what it has already granted and what is has 11. Rent of company houses
announced it intends to grant. 12. Grievance machinery
13. Voluntary arbitration
14. No strike-no lockout clause
15. Labor management council
16. Provisions against drug use in workplace

3. Signing, posting, registration -

PROCEDURE FOR THE REGISTRATION OF CBA: REGISTRATION OF CBA IS NOT
A REQUISITE FOR ITS VALIDITY

1. Submission of copies of the CBA to the BLR or the Regional O ces - the Certi cation of the CBA by
of DOLE within 30 days from execution, accompanied by the following: the BLR is not required to put a
- veri ed proof of POSTING in 2 conspicuous places in the place of work; stamp of validity to such
- VERIFIED proof of rati cation by the majority of all the workers in the contract.
bargaining unit. - Once it is duly entered into
2. Action upon the application for registration within 5 calendar days and signed by the parties, a
from receipt thereof; CBA becomes EFFECTIVE
3. The Regional O ce shall furnish the BLR with a copy of the CBA AS BETWEEN THE PARTIES
within 5 days from its submission; regardless of whether or not
4. The BLR or Regional O ce shall assess the employer for every CBA, the same has been certi ed by
a registration fee of not less than P1,000 or any amount deemed the BLR.
appropriate by the Secretary of Labor.
5. Issuance of Certi cation of Registration.

4. Term of CBA, freedom period -

TERM OF CBA FREEDOM PERIOD

WHEN BECOMES EFFECTIVE - it is the last 60 days of

- Whatever the date the parties agree on - if CBA is the rst ever in the the 5th year of the
bargaining unit CBA.
- CBA starts to take e ect on the date following such expiry date - if the - A petition questioning
CBA is a new CBA to replace the expired one
the majority status of
DURATION
- be for a term of 5 years. the incumbent
- All other provisions of the CBA (economic and non-economic, except bargaining agent or a
representation) shall be renegotiated not later than 3 years after its petition for
execution. certi cation election
EFFECT OF EXTENSION: may be entertained and
- the bargaining union’s exclusive bargaining STATUS is e ective only for 5 a certi cation election
years, and can be challenged within 60 days prior to the expiration of the CBA’s may be conducted.
rst 5 years.
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 60-day NOTICE PERIOD 60-day FREEDOM PERIOD

- 60-day period prior to the - 60-day period immediately before the date of expiry of the 5
expiration date of the CBA where a year term of CBA, where a petition questioning the
party serves a written notice to majority status of the incumbent bargaining agent may
terminate or modify the CBA. be entertained an a certi cation election may be conducted.
- ECONOMIC EVENT - POLITICAL EVENT between rival unions and voters
- Employer is a party. - The employer is not a party.
AUTOMATIC RENEWAL CLAUSE
- provides that the CBA shall remain e ective and enforceable even after the expiration of
the period xed by the parties as long as no new agreement is reached by them.
GRIEVANCE MACHINERY
- a machinery for the adjustment and resolution of grievances arising from the
interpretation or implementation of their CBAs and those arising from the
interpretation or enforcement of company personnel policies.
- PROCEDURE IN HANDLING GRIEVANCES: the following shall apply:
1. An employee shall present his grievance or complaint orally or in writing to
the shop steward. Upon receipt thereof, the shop steward shall verify the
facts and determine whether or not the grievance is valid;
2. If the grievance is valid, the shop steward shall immediately bring the
complaint to the employee’s immediate supervisor. The shop steward shall
exert e orts to settle the grievance at their level.
3. If no settlement is reached, the grievance shall be referred to the grievance
committee which shall have 10 days to decide the case.

E. Unfair Labor Practices - refer to acts that violate worker’s right to organize. The
prohibited acts are related to worker’s right to self-organization and to the
observance of a CBA.

1. Nature, aspects -
NATURE CIVIL ASPECT CRIMINAL ASPECT

1. Are inimical to the legitimate PERSONS LIABLE: PERSONS LIABLE:

interests of both the labor and 1. Employer 1. Agents and o cers who have actually
management, including their 2. Labor organization participated in, authorized or rati ed ULP
right to bargain collectively and 3. O cers, agents o 2. Agents representatives, members of the
otherwise deal with each other representatives of government board including ordinary
in an atmosphere of freedom the labor members
and mutual respect; organization
2. Disrupt industrial peace AS TO JURSDICTION:
3. Criminal o ense against the AS TO JURISDICTION: - Regular courts
State - Labor Arbiter
4. Violation of the Civil rights of - QUANTUM OF PROOF: Proof beyond
both the labor and management - QUANTUM OF reasonable doubt
5. Violate the constitutional right PROOF: Substantial - PRESCRIPTION: 1 year from the accrual of
of workers and employees to evidence the ULP, however it will be suspended once
self-organization; and - PRESCRIPTION: 1 an administrative case has been led and
6. Creates unstable labor- year from the would only continue running once the admin
management relations accrual of ULP case has attained nality
-
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 TO DISMISS, DISCHARGE, OR OTHERWISE PREJUDICE OR DISCRIMINATE AN
EMPLOYEE FOR HAVING GIVEM OR BEING ABOUT TO GIVE TESTIMONY UNDER LC
- the only ULP which may or may not relate to the exercise of the right to self-organization.
2. By employers -
3. By labor organizations -
ULP BY EMPLOYERS: ULP BY LABOR ORGANIZATIONS:

1. DISCRIMINATION - to discriminate in regard to wages, 1. To grossly violate a CBA;

hours of work, and other terms and conditions of 2. To restrain or coerce employees in the
employment in order to encourage or discourage exercise of the right to self-organization.
membership in any labor organization However, lo shall have the right to prescribe
2. INTERFERENCE - to interfere with restrain or coerce its own rules with respect to the acquisition
employees in the exercise of their right to self-organization and retention of membership
3. YELLOW DOG CONDITION - to require as a condition of 3. To ask for or accept negotiation or
employment that a person or an employee shall not join a attorney’s fees from employers as part of
labor organization or shall withdraw from one to which he the settlement of any issue in CB or any
belongs other dispute;
4. PAID NEGOTIATION - to pay negotiation or attorney’s 4. To cause or attempt to cause an employer
fees to the union or its o cers or agents as part of the to discriminate against an employee,
settlement of any issue in collective bargaining or any including discrimination against an
other dispute employee with respect to whom
5. VIOLATION OF THE DUTY TO BARGAIN - to violate the membership in such organization has been
duty to bargain collectively denied or to terminate an employee on any
6. GROSS VIOLATION OF CBA - ground other than the usual terms and
7. DISCRIMINATION BECAUSE OF TESTIMONY - to conditions under which membership or
dismiss, discharge or otherwise prejudice or discriminate continuation of membership os made
against an employee for having given or being about to available to other members;
give testimony under the LC. 5. To cause or attempt to cause an employer
8. CONTRACTING OUT - to contract out services or to pay or deliver or agree to pay or deliver
functions being performed by union members when such any money or other things of value, in the
will interfere with, restrain or coerce employees in the nature of an exaction, for services which
exercise of their rights to self-organization are not performed or not to be performed,
9. COMPANY-DOMINATION OF UNION - to initiate, including the demand for fee for union
dominate, assist or otherwise interfere with the formation negotiations; and
or administration of any labor organization, including the 6. To violate the duty, or refuse to bargain
giving of nancial or other support to it or its organizers or collectively with the employer, provided it
supporters. is the representative of the employees.
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 ULP BY EMPLOYERS: ULP BY LABOR ORGANIZATIONS:

TOTALITY OF CONDUCT DOCTRINE - provides that EXPULSION OF AN EMPLOYEE FORM

the culpability of an employer’s remarks is to be UNION AS A FROM OF DISCRIMINATION
evaluated not only on the basis of their implicit BY LO:
implications, but are to be appraised against the - a union member may not be expelled
background of and in conjunction with collateral from the union, and consequently from
circumstances. the job, for personal or impetuous
reasons or for causes foreign to the
UNION SECURITY CLAUSE - stipulation in a CBA closed-shop.
allowing the parties to require membership in a BLUE SKY BARGAINING
recognized collective bargaining agent as a condition - making exaggerated or unreasonable
of employment. It is a discrimination in favor of proposals.
unionism; it is a valid kind of discrimination. - If the union requires exaggerated or
unreasonable economic demands, it is
EXCLUDED FROM USC: from declaring or conducting a strike.
1. Employees already in the service and already
members of a union other than the SSEBA at the
time the union security agreement took e ect;
2. Employees excluded by express mutual agreement
of the parties a s stipulated in the CBA;
3. Religious objectors who are bona de members of
religious organizations which prohibit their members
from joining labor unions or religious grounds;
4. Con dential employees who are excluded from the
rank-and- le or supervisory bargaining unit;
5. Supervisory employees excluded from being
members of the rank-and- le union and vice versa.

CLOSED SHOP AGREEMENT - valid form of union

security clause; one whereby an employer binds himself
to hire only members of the contracting union who must
continue to remain members in good standing to keep
their jobs.

RUNAWAY SHOP - ULP of the management which

usually takes place by e ecting the transfer of
ownership, the plant itself, or its equipment and
machines or by temporary closing its business
purposely to bust their union or to evade payment of its
legitimate obligations

OUTSOURCING NOT ULP -it must be: (1) motivated by

good faith; (2) must not have been resorted to
circumvent the law or must not have been the result of
malicious or arbitrary action.

SURFACE BARGAINING - going trough motions of

negotiations without any legal intent to reach and
agreement,

ADMINISTRATIVE CASE PRECEDE CRIMINAL CASE

FOR ULP
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 F. Peaceful concerted activities -

1. STRIKES -
- WHO MAY DECLARE?: any certi ed or duly recognized BARGAINING
REPRESENTATIVE; in the absence of BR, any LEGITIMATE LABOR
ORGANIZATION in the establishment may declare a strike but only on the
grounds of ULP.
a. GROUNDS FOR STRIKE
i. A collective bargaining deadlock; or
ii. A ULP act of the employer or the LO
b. MANDATORY PROCEDURAL REQUIREMENTS
1. A strike must be based on a VALID AND FACTUAL GROUNDS, based
on either:
a. At least 15 days (cooling-o period) before intended day of the
strike if the issues raised are ULPs;
b. At least 30 days (cooling-o ) period before the intended date if the
issue involves bargaining deadlock; or
c. In case of acts constituting union busting were the existence of
the union is threatened, the 15-day cooling-o period shall not
apply;
2. STRIKE NOTICE led with the NCMB:
3. Strike must be APPROVED BY A MAJORITY VOTE OF THE
MEMBERS of the union by SECRET BALLOT in a meeting called for
that purpose;
4. Strike vote shall be REPORTED TO THE NCMB-DOLE Regional Branch
at least 7 days before the intended strike subject to cooling-o
period; and
- it must be stressed that the requirements of cooling-o period and the 7-day
strike ban must both be complied with, although the labor union may take a
strike vote and report the same with the statutory cooling-o period.
5. The dispute must not be the subject of an assumption of jurisdiction
by the President or the secretary of Labor and Employment, a
certi cation for compulsory arbitration, or submission to compulsory or
voluntary arbitration nor a subject of a pending case involving the same
grounds for the strike or lockout.
c. LEGAL STRIKE V. ILLEGAL STRIKE
LEGAL STRIKE ILLEGAL STRIKE

As to nature - one called for a valid purpose - one staged for a purpose NOT recognized by
and conducted through law or if for a valid purpose, it is conducted
means authorized by law. through means sanctioned by law.
As to its e ects - o cers are not liable for - any union o cer who knowingly participates in
on the Union resulting damages They will an illegal strike and knowingly participates in
O cers not lose employment by the commission of illegal acts during a strike
reason thereof; may be declared to have lost his employment.
As to its e ects - they are NOT CIVILLY LIABLE - when he commits illegal acts during a strike
to the members for participating in a valid that he may be declared to have lost
of the union strike. employment status.
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 d. PROHIBITED ACTS DURING STRIKE
1. No labor organization or employer shall declare a strike or lockout without rst
having bargained collectively or without rst having led the notice required or
without the necessary strike or lockout vote rst having been obtained and reported
to the DOLE;
2. No strike or lockout shall be declared after assumption of jurisdiction by the
President or the Secretary of labor or after certi cation or submission of the dispute
to compulsory or voluntary arbitration or during the pendency of cases involving the
same grounds for the strike or lockout.
3. No person shall obstruct, impede, or interfere with, by force, violence, coercion,
threats, or intimidation, any peaceful picketing by employees using any labor
controversy or in the exercise of the right to self-organization or collective bargaining,
or shall aid or abet such obstruction or interference.
4. No employer shall use or employ any strike-breaker, nor shall nay person be
employed as a strike-breaker;
5. No public o cial or employee, including o cers and personnel of the new Armed
Forces of the Philippines or the Integrated Nation Police (now PNP), or armed
person, shall bring in, introduce or escort in any manner, any individual who seeks to
replace strikers in entering to leaving the premises of a strike area, or work in place
of the strikers. The police force shall keep out of the picketing lines unless actual
violence or other criminal acts occur therein; Provided, that nothing herein shall be
interpreted to prevent any public o cers from taking any measure necessary to:
a. Maintain peace and order;
b. Protect life and property; and/or
c. Enforce the law and legal order
6. No person engaged in picketing shall commit any act of violence, coercion or
intimidation or obstructive free ingress to or egress form the employer’s premised for
lawful purposes, or obstruct public thoroughfares;
e. LIABILITY OF UNION OFFICERS AND MEMBERS FOR ILLEGAL STRIKE
AND ILLEGAL ACTS DURING STRIKE
- a strike staged without compliance with the requirements of Article 278 of the LC is
ILLEGAL and may CAUSE THE TERMINATION of the employment of the participating
union o cers and members. The liability is individual, and not collective.
- To warrant termination:
1. Of an OFFICER in the LO - employer must show that the o cer KNOWINGLY
PARTICIPATED in the illegal strike;
2. An ORDINARY STRIKING EMPLOYEE - cannot be terminated based solely on
his participation in the illegal strike, for the employer must show that the
employee COMMITTED ILLEGAL ACTS during the strike.
NOTES:
ECONOMIC STRIKE (CBA Deadlock) ULP STRIKE

As to nature A voluntary strike because the employee will - an INVOLUNTARY strike; LO is forced to go
declare a strike to compel management to on strike because of the ULP committed
grants its demands against them by the employer

As to who initiates CBA of the appropriate bargaining unit - either: (1) CBA; or (2) LLO

As to cooling-o 30 days from the ling of the notice of 15 days from the ling of the notice of
period strike before the intended date of actual strike subject to the 7-day strike ban;
strike subject to the 7-day strike ban
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 ECONOMIC STRIKE (CBA Deadlock) ULP STRIKE

Exception to No exception; mandatory Cooling o may be dispensed with and the

cooling-o period union may take immediate action in case of
dismissal from employment if their o cers duly
elected in accordance with the union’s
constitution and by-laws which may constitute
union busting were the existence of the union
is threatened.

As to strike Not entitled to said pay based on the Said pay may be awarded in the discretion of
duration principle that a fair day’s wage accrues the authority deciding the case.
only for a fair day’s labor.

DOCTRINES ENUMERATIONS

SLOWDOWN - strike on installment plan. It is also an activity by which INSTANCES WHERE STRIKING
workers, without a complete stoppage of work, retard production or their WORKERS BE ENTITLED TO
performance of duties and functions to compel the management to BACKWAGES:
grant their demands. This is generally condemned as inherently illicit and - GR: Striking workers are not
unjusti able. entitled to compensation during
the period of strike under the
GOOD FAITH STRIKE DOCTRINE - strike may be considered a legal principles of “no work, no pay”
where the union believed that the company committed ULP na the - XPNs:
circumstances warrant such belief in good faith, although subsequently 1. When the employees were
such allegations of ULP are found out as not true. A strike staged by the ILLEGALLY LOCKED to thus
workers, inspired by good faith, does not automatically make the same compel them to stage a strike;
illegal. 2. When employer is guilty of
the grossest form of ULP;
DOCTRINE OF MEANS AND PURPOSES - strike is legal when lawful 3. When the employer committed
MEANS concur with the legal PURPOSE. discrimination in the rehiring
- LWFUL PURPOSE means that to validly recognize a strike, it must be for of strikers refusing to readmit
purpose of collective bargaining and other mutual aid or protection. those against whom there were
pending criminal cases while
STRIKE BECOMES ILLEGAL UNDER THE “MEANS EMPLOYED TEST” - admitting non-strikers who
a strike may be legal at its inception but eventually be declared illegal if the were also criminally charged in
strike is accompanied by violence which is widespread, pervasive and court, or
adopted as a matte of policy and not merely violence which is sporadic 4. When the workers who staged
which normally occurs in a strike area. a voluntary ULP strike o ered
to return to work
MASS LEAVE CONSIDERED AS STRIKE - mass leave may refer to a unconditionally but the
simultaneous availment of authorized leave bene ts by a large number of employer refused to reinstate
employees in a company. them.

No-strike no-lockout clause in a CBA - applicable only to economic WHAT CONSTITUTES UNION
strikes, ie. Those which is to force wage or other concessions from the BUSTING AS A ULP THAT MAY
employer which he is not required by law to grant. Corollary, if the strike is BE INVOKED AS A VALID
FOUNDED ON AN ULP of the employer, a strike declared by the union GROUND FOR STRIKE:
cannot be considered a violation of such clause. 1. Dismissal from employment of
union o cers duly elected in
REQUIREMENT TO CONDUCT STRIKE MAY BE DISPENSED WITH IN accordance with the union’s
CASES OF UNION BUSTING: constitution and by-laws; and
- in cases of dismissal from employment of union o cers duly elected in 2. Existence of the union is
accordance with the union constitution and by-laws, which may constitute threatened by such dismissal.
union busting where the existence of union is threatened, the 15-day
cooling o period shall not apply and the union may take action
immediately after vote is conducted and the result thereof submitted to the
DOLE.
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 2. PICKETING - concerted activity of workers consisting in peacefully marching to and
from before an establishment involved in a labor dispute generally accompanied by
the carrying and displaying of signs, placards and banners intended to inform the
public about the dispute.
- REQUISITES OF LAWFUL PICKETING:
1. Peacefully carried out;
2. No act of violence, coercion, or intimidation attendant thereto;
3. Ingress and egress should not be obstructed; and
4. Public thoroughfares should not be impeded.

3. LOCKOUT - temporary refusal of an EMPLOYER to furnish work as a result of

and industrial or labor dispute. It is a term commonly used to express an
employer’s act of excluding from his plant union members hitherto employed by
him.
- the act may a ect all or less than all of the employee-union members. In
the sense in which it is universally used, is an act directed at the union itself
rather than at the individual employer-members of the union.
- WHO MAY DECLARE: the EMPLOYER
a. GROUNDS FOR LOCKOUT -
1. A collective bargaining deadlock;
2. An ULP act of the employee
LAWFUL LOCKOUT UNLAWFUL LOCKOUT

1. In response to a whipsaw strike; 1. When it is to avoid bargaining;

2. In response to an unprotected 2. It is to aid a particular union by preventing further organizational work
strike or walkout; or of its rival, or to coerce the employees to join the favored union; or
3. In anticipation of a threatened when
strike. 3. It is to discourage and dissipate membership in a labor organization or
otherwise kill the union.
b. MANDATORY PROCEDURAL REQUIREMENTS -
1. Lockout must be based on a VALID AND FACTUAL GROUND, based
on either:
2. LOCKOUT NOTICE led with NCMB:
3. A lockout must be APPROVED by a majority vote of the members of
the board of Directors of the Corporation or Association or of the
partners in a partnership, obtained by secret ballot in a meeting called
for that purpose;
4. Lockout vote shall be REPORTED to the NCMB-DOLE Regional
Branch at least 7 days before the intended strike subject to cooling-o
period; and
5. The dispute must not be the subject of an (1) assumption of
jurisdiction by the President or Secretary of Labor and Employment, (2)
a certi cation for compulsory arbitration, or (3) submission to
compulsory or voluntary arbitration nor a subject of a pending case
involving the same grounds for the strike or lockout - THESE ARE THE
INSTANCES WHEN NO STRIKE OR LOCKOUT CAN BE DECLARED
- RELIEFS AVAILABLE TO ILLEGALLY LOCKED-OUT EMPLOYEES:
1. Reinstatement with payment of full backwages; and
2. Other bene ts
4. ASSUMPTION OF JURISDICTION BY THE DOLE Secretary - when in the opinion of
the DOLE Secretary, the labor dispute causes or will likely to cause a strike or
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 lockout in an industry indispensable to the national interest, he is empowered to
either:
a. ASSUME JURISDICTION over the labor dispute and decide it
himself; and
b. Certify it to the NLRC for compulsory arbitration, in which case, the
NLRC shall hear and decide it.
NOTES:
Rule on strikes and lockouts E ect on assumption of jurisdiction or E ect If the return-to-work
in hospitals, clinics and certi cation by Secretary of Labor and of order is not expressly stated
medical institutions the labor dispute in the assumption or
certi cation order

- it shall be the duty of the 1. If a strike or lockout has NOT taken - the mere issuance of an
striking union or locking place, the parties are enjoined to assumption order by the
out of employer to conduct any untoward action that may Secretary of Labor
provide and maintain an lead to a strike or lockout; automatically carries with
2. If a strike or lockout has ALREADY it a return-to-work-order,
e ective skeletal
TAKEN PLACE, all striking and locket out even if the directive to return
workforce of medical
workers shall, within 24 hours from to work is not expressly
and other health receipt of an assumption or stated in the assumption
personnel, whose certi cation order, immediately return order.
movement and service to work and the employer shall - The moment the Secretary of
shall be unhampered and immediately resume operations and Labor assumes jurisdiction
unrestricted, as are readmit all workers under the same over a labor dispute in an
necessary to ensure the terms and conditions prevailing before industry indispensable to
proper and adequate the strike. national interest, such
protection of life and 3. At any point in time, the parties are not assumption shall have the
health of its patients, most prevented form submitting the dispute to e ect of AUTOMATICALLY
Voluntary Arbitration with the Secretary ENJOINING the intended
especially in emergency
of Labor and Employment or his/her duly or impending strike.
cases for the duration of
authorized representative as voluntary
the strike or lockout. arbitrator or panel of voluntary
arbitrators.
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 Rule on strikes and lockouts E ect on assumption of jurisdiction or E ect If the return-to-work
in hospitals, clinics and certi cation by Secretary of Labor and of order is not expressly stated
medical institutions the labor dispute in the assumption or
certi cation order

Issues that the Secretary of EFFECT OF DEFIANCE OF ASSUMPTION PROCEDURE TO BE

Labor can resolve when he/ OR CERTIFICATION ORDER: FOLLOWED IN CERTIFIED
she assumes jurisdiction over - shall be considered as an ILLEGAL ACT CASES:
a labor dispute - committed in the course of the strike or 1. When there is no need to
1. Issues submitted to the lockout, and shall authorize the conduct a clari catory
Secretary for resolution and Commission to enforce the same under hearing - NLRC shall
such issues involved in the the pain of immediate disciplinary action, resolve all certi ed cases
labor dispute; including dismissal or loss of employment within 30 calendar days
2. Secretary of Labor may status or payment by the locking-out from receipt by the
subsume pending labor employer of backwages, damages and/or assigned NLRC of the
cases before the Labor other a rmative relief, even criminal complete records, which
Arbiters which are involved prosecution against the liable parties. shall include the position
in the dispute and decide papers of the parties and
even issues falling under the the order of the Secretary
exclusive and original of Labor and employment
jurisdiction of LA such as denying the motion for
legality and illegality of reconsideration of the
strikes. certi cation order, if any; or
2. Where a clari catory
hearing is needed - NLRC
shall, within 5 calendar
days from receipt of the
records, issue a notice to
be served on the parties
through the fastest
means available,
requiring them to appear
and submit additional
evidence, if any. All
certi ed cases shall be
resolved by the
Commission within 60
calendar days from
receipt of the complete
records by the assigned
Commissioner.
5. INJUNCTIONS - The NLRC may only grant an INJUNCTION after hearing the
testimony of witnesses and with opportunity for cross examination in support of the
allegations of the complaint or petition made under oath, and testimony by way of
opposition; and only after a nding of fact by the NLRC:
a. That prohibited or unlawful acts have been threatened and will be
committed and will be continued unless retrained;
b. That substantial and irreparable injury to petitioner’s property will
follow;
c. That as to each item of relief to be granted, greater injury will be
in icted upon the petitioner by the denial of relief than will be
in icted upon respondents by the granting of relief;
d. Petitioner has no adequate remedy at law;
e. That the public o cer charged with the duty to protect petitioner’s
property are unable or unwilling to furnish adequate protection.
NOTES:
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 AUTHORIZED TO ISSUE INJUNCTIONS NOTES:

1. NLRC; - No injunction or TRO shall be issued on account of any

2. President- in case a labor dispute in threat, prohibited or unlawful act, except against the
industries which are indispensable to national person/s, association or organization making the threat or
interest; committing the prohibited or unlawful act or actually
3. DOLE Secretary - in case of labor dispute in authorizing or ratifying the same after actual knowledge
industries which are indispensable to national thereof.
interest, the Secretary may assume - GR: Regular courts are WITHOUT AUTHORITY to issue
jurisdiction over the dispute or certify the injunction orders in cases involving or originating from labor
same to the NLRC for compulsory arbitration. disputes even if the complaint was led by non-striking
Such assumption or certi cation shall have employees and the employer was made a respondent.
the e ect of automatically enjoining the - XPN: regular court may issue injunction to protect the
intended or impending strike. If one has interest of neutral employers in common situs picketing,
already taken place all striking or locked out provided the injunction does not in any way curtail the right
employees shall immediately return to work of the union to strike and/or picket. - in cases of strikes/
and the employer shall immediately re-admit picketing, 3rd parties or innocent bystanders may secure a
employees and resume operations. court injunction to protect their rights.

VI. TERMINATION OF EMPLOYMENT -

A. SECURITY OF TENURE - in cases of regular employment, the employer shall not

terminate the services of an employee except for a just cause or when authorized by
this Title.
1. CATEGORIES OF EMPLOYMENT AS TO TENURE -
a. Regular - who have been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer;
EMPLOYEE DEEMED PRIMARY STANDARD IN SECURITY GUARD AHLL BE
REGULAR DETERMINING REGULAR CONSIDERED AS REGULAR
EMPLOYMENT EMPLOYEE WHEN

- -

A PART-TIME EMPLOYEE MAY SECURITY GUARD MAY BE

BE DEEMED REGULAR: PLACED IN A WORK OR
RESERVED STATUS:
b. Casual - who are not regular, project, or seasonal employees. Generally, those
performing activities not usually necessary or desirable in the employer’s
usual business or trade.
CASUAL EMPLOYMENT CASUAL EMPLOYMENT CAN BECOME A
REGULAR EMPLOYEE:

c. Probationary - whose employment does not exceed 6 months from the date
the employee started working, unless it is covered by an apprenticeship
agreement stipulating a longer period.
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PROBATIONARY DURATION OF PROBATIONARY CAN
EMPLOYMENT PROBATIONARY BECOME A REGULAR EE
EMPLOYMENT

- - -

GROUNDS TO TERMINATE EXCEPTIONS TO THE RULE

PROBATIONARY OF PROBATIONARY
EMPLOYMENT: EMPLOYMENT NOT
EXCEEDING 6 MONTHS
d. Project - whose employment has been xed for a speci c period or
undertaking, the completion or termination of which has been determined at
the time of the engagement of the employee.
PROJECT EMPLOYMENT PROJECT IN THE CONTEXT OF PROJECT
EMPLOYMENT:

- -

PRINCIPAL TEST IN DETERMINING PROJET NON PROJECT EMPLOYEES:

EMPLOYEES:
e. Seasonal - those who work or perform services which are seasonal in nature
and the employment is for the duration of the season.
SEASONAL EMPLOYMENT SEASONAL EMPLOYEE CAN BECOME A
REGULAR EE

- -

CONDITIONS FOR AN EMPLOYEE TO BE WHAT HAPPENS TO THEIR EMPLOYMENT

CONSIDERED A SEASONAL EMPLOYMENT: DURING OFF-SEASON:

f. Fixed-term - those whose employment contract speci es that the same will
last only for a de nite period.
FIXED TERM EMPLOYMENT FIXED TERM EMPLOYEE BECOMES REGULAR
EE:

VALID FIXED-TERM EMPLOYMENT:

g. Work-pool employees - WORK POOL PRINCIPLE: workers of a work pool
from which a construction company draws its project employees, if considered
employees of the construction company while in the work pool are non-project
employees or employees for an inde nite period. If they are employed in a
particular project, the completion of the project or of any phase thereof will not
mean severance of ee-er relationship. However, if the workers in the work pool
are free to leave anytime and o er their services to other employers then they are
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 project employees employed by a construction company in a particular project
or in a phase thereof.
- PROJECT EMPLOYEES WHO ARE MEMBERS OF WORK POOL ACQUIRE
THE STATUS OF A REGULAR EMPLOYEE:
1. There is continuous rehiring of project employees for the same task or
nature of tasks even after cessation of a project; and
2. The tasks performed by the alleged project employee are vital,
necessary and indispensable to the usual business or trade of the
employer.

2. LEGITIMATE SUBCONTRACTING V. LABOR-ONLY CONTRACTING -

SUBCONTRACTING/JOB CONTRACTING LABOR-ONLY CONTRACTING

NATURE OF EMPLOYER/ Employer or principal is merely an indirect Employer/principal is treated as direct employer of
PRINCIPAL employer, by operation of law, of his the contract’s employees in all instances (contractor
contractor’s employees. is deemed an agent of the employer)

EXISTENCE OF EE-ER Law creates an ee-er relationship for a Statute creates an ee-er relationship for a
RELATIONSHIP WITH limited purpose (ex. To ensure that the comprehensive purpose (Ex. To prevent a
EMPLOYER PRINCIPAL employees are paid their wages) circumvention of labor laws)

LIABILITY OF THE Principal becomes solidarily liable with Principal becomes solidarily liable with the
PRINCIPAL the contractor in the event that the latter contractor not only for unpaid wages but also for all
fails to pay the employees’ wages and for the rightful claims of the employees under the LC and
the violation of labor standard laws. But ancillary laws.
the liability does not extend to the
payment of back wages or separation pay
of employees who are illegally dismissed.

VALIDITY permissible Prohibited by law

PRESENCE OF There is a presence of substantial There is an absence of substantial capital or

SUBSTANTIAL CAPITAL capital or investment investment.
OR INVESTMENT

a. Elements - if the following circumstances concur:

1. Contractor or subcontractor is engaged in a distinct and independent
business and undertakes to perform the job or work on its won
responsibility according to its own method;
2. Contractor or subcontractor has substantial capital to carryout the job
farmed out by the principal on his account, manner and method,
investment in the form of tools, equipment, machinery and supervision;
3. In performing the work farmed out, the contractor or subcontractor is free
from control and/or discretion of the principal in all matters connected with
the performance of the work except as to result thereto;
4. The service agreement ensures compliance with all the rights and bene ts
for all the employees of the contractor or subcontractor under the labor
laws.
b. Trilateral relationship - refers to the relationship in a contracting or
subcontracting arrangement where there is a contract for a speci c job, work, or
service, between the principal and the contractor, and a contract of employment
between the contractor and its workers;
- PARTIES TO TRILATERAL RELATIONSHIP:
1. Principal - decides to farm out a job, work or service to a contractor
2. Contractor - has the capacity to independently undertake the
performance of a job
3. Contractual workers - engaged by the contractor to accomplish the
job, work, or service.
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 - CONTRACTS REQUIRED IN TRILATERAL RELATIONSHIP:
1. Employment contract between the contractor/subcontractor
and its employees;
2. Service Agreement between the principal and the contractor.
c. Solidary liability - rules regarding liability are as follows:
1. As to legitimate contracting, there exists a solitary liability on
the part of the principal and the contractor for purposes of
enforcing the provisions of the LC and other social legislations, to
the extent of the work performed in the employment contract in
the event of:
a. Violation of any provision of the LC;
b. Failure to pay wages.
2. As to labor-only contracting, the principal becomes solidarity
liable with the contractor for:
a. Unpaid wages;
b. All rightful claims of the employees under the LC and ancillary
laws.

B. TERMINATION BY EMPLOYER - the termination by an employer of an employee has

two-fold aspects of due process: (1) substantive due process, and (2) procedural due
process.

1. Substantive due process - by which the dismissal must be for any of the just
causes or authorized causes
a. Just causes -
b. Authorized causes -
JUST CAUSES: AUTHORIZED CAUSES:

1. SERIOUS MISCONDUCT - the misconduct must be of such grave and 1. INSTALLATION OF LABOR-SAVING
aggravated character, and not merely trivial or unimportant. Such DEVICE OR AUTOMATION - is the
misconduct must be in connection with the employee’s work to constitute reduction of the number of workers in any
just cause for his separation. workplace made necessary by the
2. INSUBORDINATION OR WILLFUL DISOBEDIENCE BY THE introduction of labor-saving machines or
EMPLOYEE OF THE LAWFUL ORDER OF HIS EMPLOYER OR devices.
REPRESENTATIVE IN CONNECTION WITH HUS WORK- refusal to obey 2. REDUNDANCY - condition when the
some order, which a superior is entitled to give and have obeyed. It is a services of an employee are in excess of
willful or intentional disregard of the lawful and reasonable instructions of what is reasonably demanded by the
the employer. actual requirements of the enterprise or
3. GROSS AND HABITUAL NEGLECT BY THE EMPLOYEE OF HIS super uous, which may be the outcome
DUTIES - the absence of that diligence that an ordinarily prudent man of a number of factors such as over hiring
would use in his/her own a airs; habitual neglect is repeated failure to of employees, decreased volume of
perform one’s duties over a period of time depending upon the business, or dropping of a particular
circumstances. product line or service activity previously
4. ABANDONMENT OF WORK - manufactured or undertaken by the
5. FRAUD OR WILLFUL BREACH BY THE EMPLOYEE OF THE TRUST enterprise.
REPOSED IN HIM BY HIS EMPLOYER OR HIS DULY AUTHORIZED 3. RETRENCHMENT TO PREVENT
REPRESENTATIVE - fraud - any act, omission or concealment which LOSSES (DOWNSIZING) - economic
involves a breach of legal duty, trust or con dence justly reposed, and is ground for dismissing employees and is
injurious to another; breach of trust is willful when it is done intentionally, resorted to primarily to avoid or minimize
knowingly and purposely, without justi able excuse; the breach must be business losses.
work related and committed against the employer or his representative. 4. CLOSURE OR CESSATION OF
6. COMMISSION OF A CRIME OR OFFENSE BY THE EMPLOYEE OPERATION OF THE ESTABLISHMENT
AGAINST THE PERSON OF HIS EMPLOYER OR ANY IMMEDIATE OR UNDERTAKING - complete or partial
MEMBER OF HIS FAMILY OR HIS DULY AUTHORIZED cessation of the operations and/or
REPRESENTATIVE - shutdown of the establishment of the
7. OTHER CAUSES ANALOGOUS TO THE FOREGOING - must be due to employer.
voluntary and/or willful act or omission of the employee. 5. DISEASE -
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 JUST CAUSES: AUTHORIZED CAUSES:

VALID GROUNDS FOR TERMINATION: VALID GROUNDS FOR TERMINATION:

1. Serious misconduct: 1. Installation of labor-saving device:
a. There must be misconduct; a. There is good faith in e ecting the
b. Misconduct must be of such grave and aggravated character; termination;
c. It must relate to the performance of employee’s duties; b. Termination s a matter of last resort, there
d. There must be showing that the employee becomes un t to continue being no other option available to the
working for the employer employer after resorting to cost-cutting
2. Insubordination: measures;
c. 2 separate written notices are served on
a. Employee’s assailed conduct must have been willful or intentional, the
both the a ected employee and the DOLE
willfulness being characterized by a wrongful and reversed attitude; and
at least 1 month prior to the intended date
b. The order violated must be based on reasonable and lawful company rule,
of termination;
regulation or policy and made known to the employee and must pertain to
d. Separation pay is paid to the a ected
the duties for which he has been engaged to discharge
employee if service, which is equivalent to
3. Gross and habitual neglect: 1 month pay or at least 1 month pay for
a. There must be negligence which is gross and/or habitual in character; and every year of services whichever is higher
b. Must be work-related as would make him un t to work for his employer a fraction of at least 6 months shall be
4. Abandonment of work: considered as 1 whole year;
5. Fraud or willful breach by the employment: 2. Redundancy:
a. There must be an act, omission or concealment; a. There must be super uous positions or
b. Act, omission or concealment involves breach of legal duty, trust, or services of employees;
con dence justly reposed; b. The positions or services are in excess of
c. Committed against the employer or his/her representative; and what is reasonably demanded by the
d. Be in connection with the employee’s work. actual requirements of the enterprise
6. Commission of crime: criteria in selecting the employees to be
a. There must be an act, or omission punishable or prohibited by law; and terminated;
b. Act or omission as committed by the employee against any of the c. There must be adequate proof of
following persons: his employer, any immediate member of employer’s redundancy such as but not limited to the
family or his employer’s duly authorized representative new sta ng pattern, feasibility studies/
7. Other causes analogous proposal, on the viability of the newly
created positions, job description and the
approval by the management of the
OTHER NOTES: restructuring.
- an unsatisfactory rating can be a just cause for dismissal only if it
3. Retrenchment:
amounts to gross and habitual neglect of duties. Poor or a. Retrenchment was reasonably necessary
unsatisfactory performance of an employee does not necessarily and likely to prevent business losses;
mean that he is guilty of gross and habitual neglect of duties. b. Losses, if already incurred, are not merely
- Loss of con dence refers to a condition arising from fraud or de minims, but substantial, serious, actual
willful breach of trust reposed in him/her employer or his/her duly and real or if only expected, are
authorized representative. There is loss of con dence when the reasonably imminent;
employer has a reasonable ground or has some basis to believe c. Must be in good faith
d. Fair and reasonable criteria in ascertaining
that the employee is responsible for the misconduct and the nature
who would be dismissed and who would
of his participation renders him unworthy of the trust and
be retained among the employees.
con dence demanded by his position.
- EMPLOYEES HOLDING POSITION OF TRUST AND 4. Closure:
a. There must be a decision to close or
CONFIDENCE: cease operation of the enterprise by the
1. Managerial employees management;
2. Supervisory employees b. Decision made ingot faith;
3. Those who, in the normal and routine exercise of their functions, c. There is no other option available to the
regularly handle signi cant amounts of money ir property. employer except to close or cease
- Conviction of an employee in a criminal case is not operations
indispensable to warrant his dismissal by his employer and that the 5. Disease:
fact that a criminal complaint against the employee has been a. Employee su ers from any disease;
dropped by the city scal is not binding and conclusive upon the b. Continued employment of the employee
labor tribunal. is prohibited by law or prejudicial to his/
- Doctrine of Incompatibility - where the employee has done her health or of his/her co-employees
c. Certi cation by a competent public health
something that is contrary or incompatible with the faithful
authority that the disease is incurable
performance of his duties, his employer has a just cause for within.a period of 6 months even with
terminating his employment. proper medical treatment.
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 Just causes Authorized causes

As to nature The employee is It does not necessarily imply delinquency or culpability on the part of
dismissed for causes the employee. Instead, the dismissal process is initiated by the
which are attributable employer’s exercise of his management prerogative.
to his fault or
culpability

As t entitlement As a rule, a dismissed 1. If ground is automation and redundancy - separation pay: 1 month pay
to separation employee is not or at least 1 month pay for every year of service, whichever is higher, a
pay entitled to separation fraction of 6 months is considered as 1 whole year;
pay. 2. If ground is retrenchment, closure not due to serious business losses,
and disease - separation pay: 1 month pay or at least 1/2 month pay
for every year of service, whichever is higher, a fraction of 6 months is
considered as 1 whole year.
3. If around is closure due to serious business losses - no separation
pay.

Retrenchment Redundancy

As to purpose - employer REDUCES THE - when for purposes of economy, a company

NUMBER OF ITS decides to reorganize the departments by
PERSONNEL in order to imposing on employees on one department the
prevent further losses in his duties performed by the employees of the other
business operations. department, thus rendering unnecessary the
job of the latter.

As to separation 1 month pay or at least 1/2 At least 1 month pay or at least 1 month pay for
pay month pay for every year of every year of service, whichever is higher, a
service, whichever is higher, a fraction of 6 months pay for 1 whole year.
fraction of 6 months is
considered as 1 whole year.

As to employer’s Because of losses in the Even if the business is doing well, an employer
business status operation of a business, lack can still validly dismiss an employee from the
of work, and considerable service due to redundancy if that employee’s
reduction on the volume of position has already become in excess of what
his business. the employer’s enterprise requires.

2. Procedural due process - rudimentary requirements of due process, NOTICE

and HEARING must be observed.
a. Two-notice rule - provides that in dismissing an employee, the employer
has the burden of proving that the former worker has been served with
two notices:
1. One to apprise him of the particular acts or missions for which
his dismissal is sought; and
2. The other to inform him of his employer’s decision to dismiss
him.
 Procedure after Requirements Procedural rules on Rules in interplay of substantial and
the rst notice: of due process termination of procedural due process requirement:
on termination employment due to
of employment disease:
based on
authorized
causes:
Employer should 1. Upon service Employer must furnish 1. Legal dismissal if it was done
a ord the of a written the employee 2 notices: observing both substantive and
employee an notice to the 1. Notice to apprise procedural due process.
OPPORTUNITY employee the employee of the 2. Legal dismissal if it was done with
TO BE HEARD and the ground for which
substantive due process but without
and to DEFEND appropriate his dismissal is
procedural process.
HIMSELF/ Regional sought;
HERSELF with the O ce of the 2. Notice informing
- however, the employer should
assistance of of DOLE at least the employee on INDEMNIFY the employee for the
his/her 30 days his dismissal, to be violation of his right to procedural due
representative if before the issued after the process, in the form of nominal
he/she so desires. e ectivity if employee has been damages.
the given reasonable 3. Illegal dismissal if it was done
termination; opportunity to without substantive due process
2. Specifying answer and to be although procedural due process was
the ground/s heard on his observed.
for defense.
4. Illegal dismissal if it was done
termination.
without observance of both.
CONTRACTUAL DUE PROCESS RULE - applies in a situation where there is an existing
company policy enunciating the procedural due process that must be observed in termination
of employment, compliance alone with the statutory due process would not su ce.
Additionally, there must be compliance with the company-prescribed due process
procedure.

3. Illegal dismissal, reliefs therefrom - where there is no showing of clear, valid and legal
cause of termination the law considers it a case of illegal dismissal.
a. Reinstatement - a restoration to a state from which now has been removed or
separated.
b. Back wages - in general, are those granted on grounds of equity for earnings
which a worker or employee has lost due to his illegal dismissal.
c. Separation pay, doctrine of strained relations - enunciated in jurisprudence in
the event that actual reinstatement is not possible or feasible.
- DOCTRINE OF STRAINED RELATIONS - under the circumstances where the
relationship is so strained and ruptured as to preclude a harmonious working
relationship should reinstatement of the employee be decreed, the latter should
be a orded the right to separation pay so that he can be spared the agony of
having to work anew with the employer under an atmosphere of antipathy and
antagonism.
d. Damages -
- In cases of termination for just causes, the employee is entitled to payment of
indemnity ir nominal damages in a sum not more than 30k;
- In cases of of termination for authorized causes, the employee is entitled to
50k.
- If the authorized cause is due to losses, the penalty to the employer who
disregarded due process may be lighter than if the authorized cause has no
relation to losses.
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 e. Attorney’s fees - in some labor cases, attorney’s fees are awarded to
employees. The amount shall not exceed 10% of the total monetary
award.
- ORDINARY CONCEPT - an attorney’s fee is the reasonable
compensation paid by the client to his lawyer in exchange for the lead
services rendered by the latter.
- EXTRAORDINARY CONCEPT - attorney’s fee is deemed an
INDEMNITY for damages ordered by the court to be paid by the losing
party to the winning party. GR: payable to the client; XPN: payable to
the counsel if contrary stipulation guarantees.
f. Liabilities of corporate o cers - GR: corporations are treated as a
separate and distinct legal entities from the natural persons composing
them. In the absence of gross negligence bad faith, or a speci c
provisions of law making a corporate o cer liable, such corporate o cer
cannot be made personally liable for corporate liabilities;
- XPN: to hold a director or o cer personally liable for corporate obligation
is the exception and it only occurs when the following requisites are
present:
1. Complaint must allege that the director or o cer assented
to the patently unlawful acts of the corporation, or that the
director or o cer was guilty of gross negligence or bad
faith; and
2. There must be proof that the director or o cer acted in bad
faith.
g. Burden of proof - in illegal dismissal cases, the burden of proof is on the
employer in proving the validity of dismissal. However, the fact of
dismissal, if disputed, must be duly proven by the complainant. The rule
is that the one who alleges a fact has the burden of proving it.

C. TERMINATION BY EMPLOYEE - an EMPLOYEE may terminate his employment by:

a. Serving a notice on the employer at least 1 month in advance (without just
cause) or
b. Put to end to his employment without serving any notice on the employer for
any of the following just causes (with just cause), to wit:
- serious insult by the employer or his representative on the honor and person of
the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or
his representative;
- Commission of a crime our o ense by the employer or his representative against
the person of the employee or any of the immediate members of his family; and
- Other causes analogous to any of the foregoing.
1. Resignation v. Constructive dismissal -
RESIGNATION is de ned as the voluntary act of an employee who nds Test of constructive dismissal is
himself in a situation where he believes that personal reasons cannot be whether a reasonable person in
sacri ced in favor of the exigency of the service so much that he has no the employee’s position would
other choice but to disassociate himself from his employment. have felt compelled to give up his
REQUISITES:
position under the circumstances.
1. INTENTION of relinquishing an o ce, and
2. Accompanied by the act of abandonment
MAY BE WITHDRAWN even if the employe has called it irrevocable. Burden of proof: employee
However, once resignation is ACCEPTED, he no longer has any right to
the job.
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 VOLUNTARY RESIGNATION CONSTRUCTIVE DISMISSAL

AS TO NATURE Act of an employee, who nds himself in Act of clear discrimination,

a situation in which he believes that insensibility, or disdain by an
personal reasons cannot be sacri ced employer that becomes so
in favor of the exigency of the service unbearable on the part of the
thus, he has no choice but to employee that it could foreclose any
disassociate himself from his choice by him except to forego his
employment. continued employment.

AS TO TEST OF Employee’s intent to relinquish must Whether a reasonable person in the

VALIDITY i n c u r w i t h t h e o v e r t a c t o f employee’s position would have
relinquishment compelled to give up his position
under the circumstances.

AS TO Not entitled to separation pay unless Entitled to reinstatement without

ENTITLEMENT TO stipulated in an employment contract or loss of seniority and payment of
RELIEF CBA or sanctioned by established back wages.
employer practice or policy.
INSTANCES OF CONSTRUCTIVE DISMISSAL:
1. When the continued employment is rendered impossible, unreasonable, or unlikely;
2. Where there is a demotion in rank and/or diminution in pay;
3. When a clear discrimination, insensibility or disdain by an employer becomes
unbearable to the employee that it could foreclose any choice by him except to forego
his continued employment; or
4. Suspension went beyond the maximum period allowed by law.

1. Abandonment - is a form of neglect of duty. To constitute abandonment, 2

ELEMENTS must concur:
a. Employee must have failed to report for work or must have been
absent without valid or justi able reason; and
b. There must have been a clear intention on the part of the employee to
sever the employer-employee relationship manifested by some overt
act;
- REQUISITES FOR DUE PROCESS IN ABANDONMENT:
a. First notice - to apprise the employee of the particular acts or omissions
for which his dismissal is sought;
b. Second dismissal - to inform of the employer’s decision to dismiss him
on the ground of abandonment.
- NOTICES IN ABANDONMENT CASES - must be sent to employee’s last
know address.

D. PREVENTIVE SUSPENSION - a disciplinary measure for the protection of the

company’s property pending investigation of any alleged malfeasance or misfeasance
committed by the employee. The employer may place the worker concerned under
preventive suspension if his continued employment poses a serious and imminent
threat to the life or property of the employer or his co-workers.
- PERIOD OF PREVENTIVE SUSPENSION: not last longer than 30 days.
- EXTENSION: Employer may extend the period of suspension provided that during
the period of extension, he pays the wages and other bene ts due to the worker.
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 E. FLOATING STATUS - shall apply in the following instances:
1. To security guards who are temporarily sidelined from duty while waiting to
be transferred or assigned to a new post or client;
2. To the industries when, as a consequence of the bona de suspension of the
operation of a business or undertaking, an employer is constrained to put
employees on a oating status for a period not exceeding 6 months.
- HOW LONG MAY AN EMPLOYEE’S FLOATING STATUS LAST: the bona de
suspension of operation of a business or undertaking where oating status is
permissible is for a period not exceeding 6 months; the employer shall
REINSTATE the employee to his former position within 1 month from the
resumption of operations.
Employment NOT deemed terminated: Obligation of the employer on employees not
deemed terminated:

1. There is bona de suspension of - in both cases, the employer shall:

operation of a business or undertaking 1. REINSTATE the employee to his former position
for a period NOT exceeding 6 months; 2. Without loss of seniority rights if he indicates his
or desire his work not later than 1 month form the
2. Employee has to ful ll a military or resumption of operations of his employer or from
civic duty. relief from the military or civic duty.

F. RETIREMENT - result of bilateral act of the parties, a voluntary agreement between the
employer and the employees whereby the latter, after reaching a certain age, agrees
and/or consents to sever his employment with the former.
Entitled to retirement bene ts under the Exempted from the coverage of Kinds of retirement
LC: the LC on retirement from scheme:
service:

1. Any employee in the private sector upon 1. Employees of the National 1. Compulsory and
reaching the retirement age, regardless of government, its political contributory in nature
their position, designation, or status and subdivisions, including 2. One set up by the
irrespective of the method by which their GOCCs if they are covered by agreement of the
wages are paid are covered. the Civil Service Laws; and employer and employee
2. An underground surface mining employee 2. Employees of retail, service in the CBA or other
3. Part-time employees, employees of the and agricultural agreement between
service and other job contractors and establishments or operations them; or
4. domestic helpers or persons in the regularly employing more than 3. One that is voluntarily
personal serve of another 10 employees. given by the employer;

AGE REQUIREMENT FOR AMOUNT THE RETIRING EMPLOYEE IS ENTITLED TO

PURPOSE OF RETIREMENT UNDER THE LC:
1. Under the Labor Code: - a retiring employee is entitled to retirement pay equivalent to at
- OPTIONAL RETIREMENT: 60 years least 1/2 month salary for every year of service, a fraction of at
old least 6 months being considered as 1 whole year.
- COMPULSORY RETIREMENT: 65 - The “one-month salary” in determining the minimum retirement
years old pay due includes:
2. Under the Retirement Plan, where 1. 15 days salary of the employee on his latest salary date.
the employers and employees are 2. Cash equivalent of not more than 5 days of service incentive leave;
given free hand to determine and 3. 1/12 of 13th month pay due the employee or 2.5 days; and
agree upon the terms and 4. All other bene ts that the employer and employee may agree upon
conditions of retirement, even less that should be included in the computation of the employee’s
than 60 years of age. retirement plan.
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 VII. MANAGEMENT PREROGATIVE - under the Doctrine of Management Prerogative, every
employer has the inherent right to regulate, according to his own discretion and
judgment, all aspects of employment, including hiring, work assignments, working methods,
the time, place, and manner of work, work supervision, transfer of employment, lay-o of
workers, and discipline, dismissal and recall of employees.
- it must be upheld so long as they are exercised in good faith for the advancement of
its interest and NOT for the purpose of defeating or circumventing the rights of the
employees under special laws or valid agreements.

A. DISCIPLINE - employer’s right to discipline, in general, is the prerogative of the

employer to discipline its employees and to impose appropriate penalties on erring
workers pursuant to company rules and regulations.
- it is the EMPLOYER who has the right to determine who to punish. The employer
shall be accorded reasonable latitude in determining who among its erring o cers or
employees should be punished to what extent, and what proper penalty to impose.
- The right of employer to DISMISS its erring employees is a measure of self-protection.
- REASONABLE PROPORTIONALITY RULE - means that infractions committed by an
employee should merit only the corresponding sanction demanded by the
circumstances. The PENALTY MUST BE COMMENSURATE WITH THE GRAVITY OF
THE OFFENSE, the act, conductor omission imputed to the employee and imposed in
connection with the employer’s disciplinary authority.

B. TRANSFER OF EMPLOYEES - it means a movement:

1. From one position to another of equivalent rank, level or salary, without break
in the service;
2. From one o ce to another within the same business establishment.
RIGHT TO LIMITATIONS ON THE TRANSFER OF EMPLOYEES:
TRANSFER
EMPLOYEES
includes:

1. Prerogative to 1. Transfer must not be motivated by discrimination or bad faith;

REORGANIZ 2. The managerial prerogative to transfer personnel cannot be used by the employer to
E; rid himself of an undesirable employee;
2. Prerogative to 3. Transfer, even if due to promotion, cannot be done without employee’s consent;
4. The mere fact that it would be inconvenient does not, by itself, make the transfer illegal;
PROMOTE;
5. Transfer of an employee should be considered as within the bounds allowed by law,
3. Prerogative to
unless there are circumstances which directly point to interference by the company with
DEMOTE; the employees’ right to send organization.

C. PRODUCTIVITY STANDARDS - an employer is entitled to impose productivity

standards as management prerogative. This management prerogative of requiring
standards may be availed of, so long as they are exercised in good faith for the
ADVANCEMENT OF THE EMPLOYER’S INTEREST.
- EFFECT OF FAILURE TO OBSERVE PRODUCTIVITY OR WORK
STANDARDS OF THE EMPLOYER: failure to observe prescribed standards of
work, or to ful ll reasonable work assignments due to ine ciency may
constitute JUST CAUSE FOR DISMISSAL.
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 D. BONUS - an amount granted and aid ex gratis to the employee. It is an amount granted
and paid to an employee for his industry and loyalty which contributed to the success
of the employer’s business and made possible the realization of pro ts.
- ITS NATURE: the grant of bonus is a management prerogative. It is a gratuity or
act of liberality of the cover which the recipient has no right to demand as a matter
of right:
- WHEN DEMANDABLE AND ENFORCEABLE:
1. If stipulated in an employment contract or CBA;
2. The grant of bonus is a company policy or practice;
3. When it is granted as an additional compensation which the employer
agreed to give without any condition and, thus, must be deemed part of the
wage or salary.

E. CHANGE OF WORKING HOURS - the employer’s right to change working hours is

within their freedom and prerogative, according to their discretion and best judgment,
to regulate and control the time when workers should report for work, and perform their
respective functions. It is the prerogative WHENEVER EXIGENCIES OF THE SERVICE
so require, to change the hours of its employees.

F. BONA FIDE OCCUPATIONAL QUALIFICATIONS - this rule provides that employment

may not be limited to persons of a particular sex, religion, or national origin unless
the employer can show that such is an actual quali cation for performing the job.
- REASONABLE BUSINESS NECESSITY RULE- provides that a BFOQ is valid
provided it re ects an inherent quality reasonably necessary for satisfactory job
performance.
MUST BE PROVEN BY THE EMPLOYER TO EXAMPLES OF BFOQ:
JUSTIFY A BFOQ:

1. That the employer adopted the standard - it shall be unlawful for an employer to commit any
for a purpose rationally connected to the of the following acts:
performance of the job; 1. Mandatory requirement ages for bus drivers and
2. That the employer adopted the particular airplane pilots for safety reasons;
standard in an honest and good faith 2. Churches requiring members of its clergy to be of
belief that it was necessary to the a certain denomination and may lawfully bar from
ful llment of that legitimate work- employment anyone who is not a member;
related purpose; and 3. Use of models and actors for the purpose of
3. That the standard is reasonably authenticity or genuineness;
necessary in order to accomplish the 4. Requirement of emergency personnel to be
legitimate work-related purpose bilingual, judged on the language competency.

G. POST-EMPLOYMENT RESTRICTIONS - right of the employer, in the exercise of its

prerogative, to insist on an agreement with the employee for certain prohibitions to
take the e ect after the termination of their employer-employee relationship.
- LEGAL BASIS FOR THE RIGHT OF EMPLOYERS TO ESTABLISH THIS: parties
to a contract may establish such situations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary to law, morals, good
customer, public order, or public policy.
- MUST BE PROVEN BY THE EMPLOYER TO JUSTIFY A POST-EMPLOYMENT
RESTRICTION: the employer sis burdened to establish that a restrictive covenant
barring an employee from a competitive employment after retirement or resignation
is NOT UNREASONABLE RESTRAINT OF TRADE thus, unenforceable for being
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 repugnant to public policy. There must be limitations as to TIME, PLACE, and
TRADE. A contract embodying such prohibition that is limited as to time and
trade is considered reasonable, and therefore, valid and enforceable.
- CONSEQUENCE OF NON-COMPLIANCE WITH THIS POST-EMPLOYMENT
RESTRICTION: obligations arising from contracts have the force of law between
the contracting parties and should be complied with in good faith. The breach of
the undertaking is a CIVIL LAW DISPUTE, not a labor law case.

H. CLEARANCE PROCEDURES - the employer is NOT required to obtain a clearance

from the Secretary of Labor in orders to shut down his establishment or to dismiss or
terminate the employment of employees with at least 1 year.
- SPECIFIC PERIOD PRESCRIBED FOR THE RELEASE OF THE SEPARATED
EMPLOYEES’ FINAL PAY AND CERTIFICATE OF EMPLOYMENT: GR: DOLE
issued guidelines which provides that the nal pay should be released by the
employer within 30 days from the date of separation or termination of
employment, unless there is a more favorable company policy, individual, or
collective agreement thereto. XPN: an employer may still DELAY the release of the
separated employee’s nal pay beyond the prescribed 30-day period such as when
the employee refuses to complete the company’s clearance process or has
pending accountabilities with the company.
- CERTIFICATE OF EMPLOYMENT AS PART OF CLEARANCE PROCEDURE:
refers to a certi cate from the employer specifying the dates of an employee’s
engagement and the termination of his/her employment and the type or
types of work in which he/she is employed. An employee whose employment is
not yet terminated may also ask for a certi cation of employment.
- the employer shall issue a certi cate of employment within 3 days from
the time of the request by the employee.

I. LIMITATIONS ON MANAGEMENT PREROGATIVE; POLICE POWER OF THE STATE -

LIMITATIONS ON THE EXERCISE OF EXERCISE OF POLICE POWER BY THE STATE
MANAGEMENT PREROGATIVE: IS A LIMITATION ON THE EXERCISE OF
MANAGEMENT PREROGATIVE

1. Limitations imposed by: - the preservation of the lives of the citizens is

a. Law a base duty of the State, more vital than
b. CBA preservation of pro ts.
c. Employment contract
d. Employer policy
e. Employer practice
f. General principles of fair play and justice.
2. Is is subject to POLICE POWER;
3. Its exercise should be WITHOUT ABUSE OF
DISCRETION;
4. It should be DONE IN GOOD FAITH, and
WITH DUE REGARD to the rights of labor.
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 VIII. JURISDICTION AND RELIEFS -

IMPORTANCE OF ER-EE RELATIONSHIP WITH REASONABLE CAUSAL CONNECTION

RESPECT TO JURISDICTION RULE
- An employer-employee relationship is an - under this rule, if there is reasonable causal
INDISPENSABLE jurisdictional requisite. connection between the claim asserted
- The jurisdiction of the Labor Arbiter and the and the employer-employee relations,
NLRC is limited to disputes arising from an then the case is within the jurisdiction of our
employer-employee relationship which can only be labor courts. In the absence of such nexus it
resolved by reference to Labor Code, other labor is the REGULAR COURTS that have
statutes or their collective bargaining agreement. jurisdiction.

A. MANDATORY CONCILIATION-MEDIATION, SENA - refers to the administrative

approach to provide an accessible, speedy, impartial and inexpensive settlement
procedure of all issues arising form labor and employment through a 30-day
mandatory conciliation-mediation.
CASES COVERED BY SENA WHO MAY FILE PURPOSE OF
REQUEST FOR CONCILIATION-MEDIATION
ASSISTANCE PROCESS:
UNDER SENA

All issues arising from labor and

GR: - any aggrieved 1. Clarify the issues, validate
employment shall be subject to the 30-day person, such as: positions and determine
mandatory conciliation-mediation; 1. Worker, the underlying issues;
XPN: Except the following: including the 2. Narrow down the
1. Notices of strike/lockout or preventive mediation kasambahay, disagreements and
cases with the NCMB;
2. Issues arising from he interpretation and
whether local broaden areas for
implementation of company personnel policies which or overseas; settlement;
should be processed through the grievance machinery; 2. Union, 3. Encourage parties to
3. Applications for exemption from wage orders with workers generate options and
the National Wages and productivity Commission; association or enter into stipulations;
4. Issues involving violations of:
a. Alien employment permit federation; 4. O er proposal and options
b. Private employment agency authority or license; 3. Group of toward mutually
c. Working Child Permit
d. Registration under DO 18-A workers, acceptable solutions and
e. Professional License issued by the PRC and violation of the whether local voluntary settlement;
Professional Code of Conduct
f. TESDA Accreditations; or overseas; 5. Prepare the settlement
g. Other similar permits, license or registrations issued by the DOLE 4. Employer agreement in
or its attached agencies;
5. Violations of POEA Rules and regulations
consultations with the
6. Issues on Occupational Safety and Health Standards parties; and
involving imminent danger situation, dangerous 6. Monitor the voluntary and
occurrences, disabling injury and absence of personal faithful compliance of the
protective equipment. settlement agreement.

B. LABOR ARBITER - (LABOR DISPUTE- any controversy or matter concerning the

terms and conditions of employment of the association or representation of persons in
negotiating, xing, maintaining, changing or arranging the terms and conditions of
employment, regardless of whether the disputants stand in the proximate relation of
employer and employee.
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 EXCLUSIVE AND ORIGINAL JURISDICTION OF LA: EXCEPTIONS TO THE ORIGINAL
AND EXCLUSIVE JURISDICTION
OF LA:

1. Termination dispute 1. When in his opinion. There

2. ULP cases; exists a labor dispute causing
3. If accompanied with a CLAIM FOR REINSTATEMENT, those or likely to cause a strike or
cases that workers may le involving wages, rates or pay, lockout in an industry
hors or work, and other terms and conditions of employment; indispensable to the national
4. Claims for actual, moral, exemplary and other forms of interest, the DOLE Secretary
damages arising from employer-employee relations may assume jurisdiction over
5. Monetary claims of Overseas contract workers arising the dispute
from employer-employee relationship or by virtue of any law 2. President is not precluded
or contract, including claims for death and disability bene ts from determining the industries
and for actual, moral, exemplary and other forms of damages that are indispensable to the
- in order for LA to assume jurisdiction over the money claim, national interest, and from
the OFW must have a certi cation form POEA. intervening at any time
6. Cases arising form any violation of Article 279 of the LC, assuming jurisdiction over
including questions involving the legality of strikes and such any labor dispute;
lockouts. 3. When the NLRC exercises its
7. All other claims arising from er-ee relations, including those power of compulsory
of persons in domestic or household service, involving an arbitration over similar national
amount exceeding 5k, except claims for Employment interest cases that are certi ed
Compensation, Social Security, Medicare and maternity to it by the DOLE secretary
bene ts pursuant to the exercise by the
8. Contested cases under the exception clause in Article 128 latter of his certi cation power
(b) 4. When upon agreement of the
9. Other cases provided by law; parties, the Voluntary
10. Enforcement of compromise agreements when there is Arbitrator or the panel of
non-compliance by any of the parties pursuant to Article 233 voluntary Arbitrators, shall
(non-compliance, or if settlement is obtained through fraud also hear and decide all other
misrepresentation, or coercion) of lc labor disputes including ULP
11. Wage distortion disputes in unorganized establishments and Bargaining deadlocks.
not voluntarily settled by the parties.

C. NATIONAL LABOR RELATIONS COMMISSION-

ORIGINAL JURISDICTION APPELLATE JURISDICTION

1. Cases certi ed to the NLRC 1. Cases decided by the Regional O ces of the DOLE in the exercise of
for compulsory arbitration their adjudicatory functions under Article 219 over monetary claims of
by the Secretary of Labor workers NOT EXCEEDING 5K.
under Article 277-278 of the 2. Cases decided by the Labor Arbiters under Article 224 (b) of the LC and
LC; Section 10 of the Migrant Worker’s Act;
2. Contempt cases committed 3. Cases decided by the LA pursuant to Article 214 f the LC on wage
before the NLRC; distortion problem in non-unionized establishment and cases
3. Injunction cases under certi ed by the Regional Director under Article 128(b);
Article 225 and 278 of the LC; 4. Denial of the claim of 3rd party where property was levied by the
4. Veri ed petition. Sheri of LA can be appealed to NLRC.
REMEDY FOR AN ADVERSE DECISION OF NLRC: Special Civil Action of Certiorari under Rule 65 of the Rules
of Court, to the CA. The following shall be observed:
1. Must be led not later than 60 days from notice of the judgment, order or resolution. If a
MNT or MR is timely led, the 60-day period shall be counted from the denial of such
motion;
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 2. The petition should be accompanied by a certi ed true copy of the NLRC decision and
by a sworn certi cation of non-forum shopping as well as copies of all relevant
pleadings and documents; and
3. In observance of the hierarchy of courts principle, the petition must be led in the rst
instance with the CA.

D. JUDICIAL REVIEW OF LABOR RULINGS -

- PETITION FOR REVEW, WHEN AVAILABLE: the way to review NLRC decisions is
through the SPECIAL CIVIL ACTION under Rule 65. Also, a petition for certiorari
under rule 65 will lie only when a grave abuse of discretion or an act without or in
excess of jurisdiction of the voluntary arbitrator is shown. Jurisdiction over such
action belongs both to the CA and SC.
- FILING OF MR OF THE DECISION OF DOLE Secretary, NLRC, and BLR Director:
is mandatory and jurisdictional.
- REMEDY TO APPEAL A FINAL ORDER OR RESOLUTION BY CA: PETITION FOR
REVIEW under Rule 45.
- PROCEDURE FROM LA TO SC:
1. Decision/order of the LA;
2. APPEAL to NLRC within 10 days from receipt of the decision/order;
3. PETITION FOR CERTIORARI to the CA via Rule 65, within 60 days from
notice of judgment, order, or resolution
4. APPEAL BY CERTIORARI in the SC via Rule 45, within 15 days from
notice of the judgment, or nal order or resolution.

E. BUREAU OF LABOR RELATIONS -

EXCLUSIVE AND ORIGINAL JURISDICTION VENUE FOR COMPLAINTS VENUE FOR
INVOLVING INDEPENDENT COMPLAINTS INVOLVING
- BLR may act on its own initiative or upon the request FEDERATIONS, NATIONAL
UNIONS, LOCAL
of either or both parties CHAPTERS/WORKER’S UNIONS, OR INDUSTRY
UNIONS, TRADE UNION
ASSOCIATION
CENTERS AND THEIR
CHARTERED LOCALS

1. INTRA-UNION con icts; - complaints should be - FILED either

- refers to any con ict between and among UNION led with the DOLE with the:
MEMBERS, including grievances arising from any Regional O ce that 1. Regional o ce;
violation of the rights and conditions of issued their certi cates or
of registration or
membership, violation of or disagreement over any 2. Bureau of Labor
certi cates of creation
provision of the union’s constitution and by-laws or Relations
of chartered local.
disputes arising from chartering or a liation of - Complaints shall be
union. RESOLVED by:
- HEARD AND
2. INTER-UNION con icts; 1. DOLE Regional RESOLVED by:
- refers to any con ict between and among legitimate Director for petitions Bureau of Labor
labor unions involving representation questions for for cancellation of Relation (BLR)
purpose of Collective Bargaining or to any other registration;
con ict or dispute between legitimate labor unions. 2. Mediation-Arbiter in
3. Other related labor relations disputes: the DOLE Regional
- cancellation of registration of unions and worker’s O ce for other inter-
union and intra-union
association
- A petition for certiorari disputes and related
labor relations dispute.
- REMEDY FROM ADVERSE DECISION OF MED-ARBTER OR REGIONAL DIRECTOR:
APPEAL to BLR by any of the parties, within 10 days from receipt thereof; copy furnished
to the opposing party;
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 - DECISION OF BLR: Appealable to the o ce of the DOLE Secretary;
- IN PETITIONS FOR CANCELLATION OF UNION REGISTRATION:
1. If led with the REGIONAL OFFICE - appealable with the BLR Director;
2. If led directly with the BLR - appealable with the Secretary of Labor
- DECISION OF BUREAU OR OFFICE OF THE SECRETARY: shall become nal and executory after 10 days
from receipt thereof by the parties, unless a motion for reconsideration is led by any party therein within the
same period. Only 1 motion for reconsideration of the decision of the Bureau of the O ce of the Secretary in the
exercise of their appellate jurisdiction shall be allowed.

F. NATIONAL CONCILIATION AND MEDIATION BOARDS - agency attached to the DOLE

principally in-charge of the settlement of labor disputes through conciliation, mediation,
and of the promotion of voluntary approaches to labor dispute prevention and settlement.
- PREVENTIVE MEDIATION CASES: refer to the potential labor disputes which are the subject
of a formal or informal request for conciliation and mediation assistance sought by either or
both parties or upon the initiative of the NCMB to avoid the occurrence of actual labor
disputes.
WHO MAY FILE A REQUEST FOR GUIDELINES IN THE CONVERSION OF NOTICE OF STRIKE OR
PREVENTIVE MEDIATION: LOCKOUT BE INTO. PREVENTIVE MEDIATION CASE:

1. President or any authorized 1. Clearly determine whether the issue/s raised is/are valid
representative of a ground/s of strike or lockout;
certi ed or duly recognized 2. If conversion is warranted, a written recommendation from the
bargaining representative consultation from the Conciliator Mediator handling the case is
in cases of bargaining required, after due consultation with the Branch Director;
deadlocks and ULPs; 3. Written recommendation must be formally endorsed to the
2. In the absence of a certi ed Branch Director for approval;
or rule recognized bargaining 4. Conversion shall be done before the cooling o period
representative, the president expires;
or any authorized 5. Parties concerned must be formally noti ed of the action
representative of a LLO in taken by the regional Branch through a letter signed by the
the establishments on Conciliator-mediator handling the case and approved by the
grounds of ULP; branch Director;
3. Employer or any authorized 6. Notice shall be dropped from the dockets and to be
representative in cases of renumbered as preventive mediation case;
bargaining deadlocks and 7. Conference shall be immediately set by the concerned
ULPs. Conciliator-mediator;

G. POEA - is the governmental agency who has taken over the functions of the Overseas Employment
Development board (OEDB) and National Seaman Board (NSB). It is also mandated to manage the
country’s overseas employment program, to ensure that job opportunities for Filipino overseas are
legitimate as well as to monitor and regulate recruitment agencies in the Philippines.
POWERS ORIGINAL AND EXCLUSIVE JURISDICTION APPELLATE
JURISDICTION OVER
POEA DECISIONS

1. Suspend or cancel 1. Administrative cases involving violations of licensing rules - appealable to

license; and and regulations and registration of recruitment and Secretary of Labor.
2. Order the refund employment agencies or entities; and
or reimbursement 2. Disciplinary action cases and other special cases which are
of such illegally administrative in character involving employers, principals,
collected fees contracting partners and Filipino migrant workers
- DISCIPLINARY CASES, WHERE FILED: Adjudication O ce or Regional O ce of the POEA
- LABOR ARBITERS - jurisdiction over CLAIMS arising out of an employer-employee relationship or by virtue of
any law or contract involving Filipino workers for overseas deployment including claims for actual, moral,
exemplary and other forms of damages.
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 GROUNDS FOR DISCIPLINARY ACTION UDER POEA CLAUSE “OR FOR 3
MONTHS FOR EVERY YEAR
OF THE UNEXPIRED TERM,
WHICHEVER IS LESS”
under the Migrant Workers
and Overseas Filipinos Act
is UNCONSTITUTIONAL

1. Commission of a felony punishable by Philippine laws or by the laws - a law or provision of law
of the host country: that was already
- drug addiction or possession or tra cking of prohibited drugs; declared
- Desertion or abandonment; unconstitutional remains
- Drunkenness as such unless the
- Gambling circumstances have so
- Initiating or joining a strike or work stoppage where the laws of the changed as to warrant a
country prohibit strikes or similar actions; reverse conclusion.
- Creating trouble at the worksite or in the vessel; - Limiting wages that
- Embezzlement of company funds or of moneys and properties o a should be recovered by
fellow worker entrusted for delivery to kinds or relatives in the an illegally dismissed
Philippines; overseas worker to 3
- Theft or robbery months is both a
- Prostitution violation of due process
- Vandalism or destroying company property; and the equal protection
- Gunrunning or possession of deadly weapons clause of the
- Unjust refusal to depart for the worksite after all employment and Constitution.
travel documents have been duly approved by the appropriate
government agency.
- Violation/s of the laws and scare practices of the host country and
unjusti ed breach of government-approved employment contract by a
worker.

H. DOLE REGIONAL DIRECTORS -

ARTICLE 128 ARTICLE 129

NATURE OF VISITORIAL an enforcement powers Adjudicatory power

POWER

WHO Secretary of Labor or his duly authorized Regional Director or any duly authorized
EXERCISES representative who may or may not be hearing o cer of DOLE
THE POWER Regionl Director

EXISTENCE Requires existence of er-ee relationship Not necessary since it should not
OF ER-EE include a claim for reinstatement
RELATIONS
HIP

HOW Enforcement power is an o shoot of Sworn complaint led by interested party

INITIATED visitorial power

LIMITATION No limit Aggregate claim of each complainant

AS TO does not exceed 5k
AMOUNT
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 ARTICLE 128 ARTICLE 129

AS TO APPEAL to Secretary of Labor, within 10 APPEAL to NLRC, within 5 calendar

REMEDY calendar days; decision must be elevated days. NLRC shall resolve the appeal
to the CA through certiorari within 10 calendar days from
submission of the last pleading required
or allowed.

COVERED BY THE ENFORCEMENT POWER UNDER ARTICLE 128 DOLE Regional Director
may be DIVESTED of his
jurisdiction under Article
128 (b) when these
elements concur:

1. Power to issue compliance orders to give e ect to the labor 1. Employer contests, the
standards provisions of the LC and the labor legislations based on the ndings of the labor
ndings of labor employment and enforcement o cers or industrial regulation o cer and
safety engineers made in the course of inspection; raises issues thereon;
2. Power to require employers to keep and maintain such 2. In order to resolve
employment records as may be necessary in aid of his visitorial and such issues, there is a
enforcement powers need to examine
3. Power to issue writs of execution to the appropriate authority for evidentiary matters;
the enforcement of their orders, except in cases where the employer and
contests the ndings of the labor employment and enforcement o cer 3. Such matters are not
and raises issue supported by documentary proofs which are not veri able in the normal
considered in the course of inspection; or course of inspection
4. Power to order stoppage of work or suspension of operations of
any unit or department of an establishment when non-compliance
with the law or implementing rules and regulations poses grave and
imminent danger to the health and safety of workers in the workplace.

ARTICLE 37 ARTICLE 289

AS TO - to inspect the premises, books of - to inquire into the FINANCIAL activities of

PURPOSE accounts and records of any covered LLO
person or entity, to require it to submit
reports regularly on prescribed forms,
and act on violation of any provisions
in relation to recruitment snd
placement of workers for both local
and overseas employment

WHEN MAY BE - at any time - upon ling of a complaint under oath and duly
EXERCISED supported by the written consent of at least
20% of the total membership of the labor
organization concerned.
- Note: such inquiry or examination shall not be
conducted during the 60-day freedom period
nor within the 30 days immediately preceding
the date of election of union o cials
- It is the DOLE Regional Directors, as the DOLE Secretary’s duly authorized representatives,
who have the original jurisdiction to exercise the visitorial powers under Article 37 and 289.
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 I. DOLE SECRETARY -

POWER OF ASSUMPTION ODF VOLUNTARY ARBITRATION POWER OF MODE FOR

JURISDICTION BY DOLE DOLE SECRETARY REVIEWING
SECRETARY THE DECISION
OF DOLE
SECREATRY
- when, in his opinion, there - either or both the employer and the certi ed - RULE 65
exists a labor dispute causing collective bargaining agent (or representative - Initially led in
or likely to cause a strike or of the employees where there is no certi ed the CA in strict
lockout in an industry bargaining agent) may voluntarily bring to observance of
indispensable to the national the SOLE, through a request for the hierarchy
interest, the Secretary of Labor intervention, any potential or ongoing of courts
and Employment may assume dispute de ned by law.
jurisdiction over the dispute - POTENTIAL/ONGOING DISPUTE - refers
and decide it or certify the to a live and active dispute that may lead to
same to the Commission for a strike or lockout or to massive labor unrest
compulsory arbitration; and is not subject of any complaint or notice
of strike or lockout at the time a request ofr
intervention is made.

J. GRIEVANCE MACHINERY - refers to the mechanism for the adjustment and

resolution of grievances arising form the interpretation or implementation of a CBA
and those arising from the interpretation or enforcement of company personnel
policies.

GRIEVANCE: GRIEVANCE CBA PROVISION SUBJECT OF

PROCEDURE GRIEVANCE MACHINERY
- any question raised by either the employee - refers to the series 1. ECONOMIC or NON-
if the union regarding any of the following of formal steps that POLITICAL PROVISIONS -
issues or controversies: parties to a CBA Have direct and measurable
1. Interpretation of the CBA agreed to take for monetary cost consequences
2. Interpretation or enforcement of Company the adjustment of such as wage, paid leaves,
personnel policies; or grievances or pensions, health and welfare
3. Any claim by either party that the other questions arising of plans and other fringe bene ts;
party is violating any provisions of the the interpretation or
CBA or company personnel policies implementation of 2. POLITICAL or NON-
the CBA or ECONOMIC PROVISIONS -
- to be GRIEVABLE, the violations of the company personnel provisions whose monetary
CBA should be simple or ordinary, and policies, including cost cannot be directly
not gross in character, otherwise they shall voluntary arbitration computed; ex. No-strike-no-
be considered ULP which is under the as the terminal lockout unit security clause,
original and exclusive jurisdiction of the LA. step. management rights clause,
check-o clause and
grievance procedure.
REMEDY FOR UNRESOLVED GRIEVANCES - all grievances submitted to the grievance
machinery which are not settled within 7 calendar days from the date of its submission
shall automatically be referred to voluntary arbitration prescribed in the CBA. It is in the
nature of an APPEAL.
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 K. VOLUNTARY ARBITRATOR - refers to any person who has been accredited by the
Board as such, or any person named or designated in the CBA by the parties as their
voluntary arbitrator, or one chosen by the parties with or without the assistance of the
board, pursuant to a selection procedure agreed upon in the CBA or one appointed by
the Board In case either if the parties to the cab refuses to submit to voluntary
arbitration, the term includes panel of voluntary arbitrators.

POWERS OF A VA CASES THAT MUST BE GRIEVANCES

REFERRED TO THE BROUGHT DIRECTLY
GRIEVANCE MACHINERY TO VA WITHOUT
AND VA: COURSING THRU
GM:

1. Require any person to attend hearing/s - the following are cases 1. The same has been
2. S u b p o e n a w i t n e s s e s a n d re c e i v e which must be disposed proven to be
documents when the relevancy of the of by the LA by referral rot ine ective in the
testimony, and the materiality thereof has the grievance machinery past; or
been demonstrated to the arbitrators; and VA: 2. Parties
3. Take whatever action is necessary to 1. Disputes on the inadvertently failed
resolve the issue/s subject of the dispute; interpretation or to include a
and implementation of CBA; grievance
4. Issue a writ of execution to enforce nal and machinery provision
decisions, and, in connection therewith, it 2. Disputes on the in their CBA;
shall be his duty to: interpretation or 3. Estoppel, either
a. Determine every question of fact and law enforcement of company because of failure
which may be involved in the execution; personnel policies to question the
b. Inquire into the correctness of the jurisdiction of the
execution of the decision; LA;
c. Consider any supervening event during 4. Upon agreement of
such execution; the parties
d. Ensure satisfaction of decision.
- PRECONDITION FOR JUDICIAL RESORT WHEN A GRIEVANCE PROCEDURE IS ESTABLISHED:
before a party is allowed to seek the intervention of the court, it is a precondition that he should have
availed of all the means of administrative processes a orded him.
- WHO ARE BOUND BY DECISION OF VA: the voluntary process and ruling can only be recognized
as valid between its immediate parties as a case arising from their CBA.
- GR: ULP, Termination disputes, and claims for damages are within the original and exclusive
jurisdiction of the LA; and cannot be arrogated into the powers of the VA in the absence of an
agreement. XPN: unless the union and the company agree that termination disputes should be
submitted to VA. Such agreement should be clear and unequivocal.
- PERIOD TO APPEAL DECISION OF VA TO CA: petition for review shall be le within 15 days,
pursuant to Rule 43. But, only after a resolution of the MR (MR led within 10 days from decision of
VA) may the aggrieved party appeal to the CA.
- Decision of VA - MR (within 10 days from decision) - Petition for review (R43) to CA within 15 days
from resolution of MR.

L. PRESCRIPTION OF ACTIONS -

1. MONEY CLAIMS - GR: all money claims arising from employer-employee

relationship accruing during the e ectivity of LC shall be led within 3 years
from the time the cause of action accrued otherwise they shall be forever
barred. XPN: does not cover money claims consequent to an illegal dismissal.
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 2. ILLEGAL DISMISSAL - prescriptive period for ling an illegal dismissal
complaint is 4 years from the time the cause of action accrued. This rule
applies to claims for back wages and damages due to illegal dismissal. This also
applies to actions for damages due to illegal dismissal such actions are based
on an injury to the rights of the person dismissed.

3. UNFAIR LABOR PRACTICE - all unfair labor practice shall be led with LA
within 1 year from accrual of such ULP, otherwise they shall forever be
barred.
- PREREQUISITE FOR FILING A CRIMINAL CASE FOR ULP: no criminal
prosecution may be instituted without a nal judgment nding that an
unfair labor practice was committed, having been rst obtained in an
administrative proceeding.
- FINAL JUDGMENT IN THE ADMINISTRATIVE PROCEEDINGS - shall not
be binding in the criminal case nor be considered as evidence of guilt but
merely as proof of compliance of the requirements therein set forth.

4. OFFENSES UNDER THE LABOR CODE - o enses penalized under the LC and
the rules and regulations issued pursuant thereto shall prescribe in 3 years.

5. ILLEGAL RECRUITMENT - the polling are the prescriptive period for the ling
of a complaint for illegal recruitment:
a. SIMPLE ILLEGAL RECRUITMENT CASES - 5 years
b. ILLEGAL RECRUITMENT CASES involving economic sabotage - 20
years

CAUSE PERIOD OF PRESCRIPTION

Money claims 3 years from the accrual of the cause of action

Illegal dismissal and reinstatement 4 years from the accrual of the cause of action

ULP 1 year from the accrual of the cause of action

O enses under the LC 3 years from the time of commission

Actions involving funds of the union 3 years from the date of submission of the
nancial report

Illegal recruitment cases 5 years from commission if simple;

20 years if involving economic sabotage

Failure to remit SSS cobtributions 20 years from the time the delinquency is known
or the assessment is made by the SSS, or from
the time the bene t accrues, as the case may be.

Sexual harassment 3 years

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