Professional Documents
Culture Documents
Ans.:
The existence of employer-employee
relationship is determined by the presence of
the following elements;
a. Selection and engagement of the
employee
b. Payment of wages
c. Power to dismiss; and
d. Power to control the employees
conduct.
Chapter I - Policy
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1.
2.
3.
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h.
i.
j.
k.
l.
m.
Certification of NLRC
Injunction.
Judicial action
Appeal.
Review by Court.
Compromise agreement.
3.
Termination disputes;
5.
How is the NLRCs adjudicatory powers
distributed?
Answer: The NLRC shall exercise its
adjudicatory and all other powers, functions
6.
and duties through its divisions. The division
is a legal entity, not the persons who sit in it.
The law lodges the adjudicatory power on each
of the 8 divisions, not on the individual
commissioners nor on the whole commission.
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1.
3.
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among stockholders, members, or associates; between ion of a question, matter or controversy within
any or all of them and the corporation, partnership or
its jurisdiction;
associates of which they are stockholders, members or
b) proceed to hear and determine the dispu
associates respectively; and between such corporation,
tes in the manner laid down under paragraph (c)
partnership or association and the state insofar as it
Art. 218 (now Art 224, 2013 Codal)
concerns their individual franchise or right to exist as
(iv) CONTEMPT POWER
such entity.
The procedures and penalties thereof are pr
Jurisdiction Over Intra-Corporate Disputes
ovided under paragraph (d) Art. 218
Transferred from SEC to RTC
(now Art. 224 , 2013 Codal)
(v). POWER TO CONDUCT OCULAR INSPECTION
Where is the venue of the compulsory
Under Art 219 (now Art. 225), the chairman,
arbitration cases?.
All cases which Labor Arbiters have any commissioner, labor arbiter or their duly
authority to hear and decide may be filed in
authorized representatives may, at any time
the Regional Arbitration Branch having
during working hours:
jurisdiction over the workplace of the
a) conduct an ocular inspection on any est
complainant or petitioner.
ablishment, building, ship or vessel, place or
Chapter II Powers and Duties contd (Part 2. Powers)
premises, including any work, materiak, i
4.
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therein;
1) What are the powers of the NLRC? (See Art 218 o
f LC, now Art 224, 2013 Codal)
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sued? (See Art 218 par. [e]) (Art 224, 2013 Codal)
>> As a rule, restraining orders or injunctions do no
t issue ex parte and only after compliance with the follo
1.
b.
c.
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prohibited or unla
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2.
3.
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4.
5.
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a.
b.
1. CBA
2. A statement that the CBA was posted in at least 2
conspicuous places in the establishment concerned for
at least 5 days before its ratification.
3. Statement that the CBA was ratified by the majority
of the employees in the bargaining unit. The following
documents must be certified under oath by the
representative of the employer and the labor union. No
other document shall be required in the registration of
the CBA.
c.
Procedure
e.
d.
a.
b.
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3.
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c.
How?
D.O. No. 40-03(Rule XIV, Section 2) states: Any
A. Notice of merger or consolidation of
party-in-interest may commence a petition for
independent labor unions, chartered locals
cancellation of a unions registration, except in
and workers association shall be filed with
actions involving violations of Article 241, which can
and recorded by the Regional Office that
only be commenced by members of the labor
issued
the
Certificate
of
organization concerned. The employer is a partyRegistration/Creation. Notice of merger or
in-interest, and jurisprudence reveals cases of
consolidation of federations or national
cancellation of union registration based on
unions shall be filed with and recorded by
petitions filed by the employer.
the Bureau.
B. The notice shall be accompanied by the Chapter II Rights and Conditions of Membership
following documents:
a) Minutes of Merger/consolidation Box 9
meeting with the list of members who
1. What are the rights of union members?
approve the same; and
a. Political right members right to vote and
b) Amended Constitution and by-laws
be voted for, subject to lawful provisions
and minutes of its ratification, unless
on qualifications and disqualifications.
ratification
transpired
in
the
b. Deliberative and decision making right
Convention.
right to participate in deliberations on
C. The Certificate of registration issued to
major policy questions and decide them by
merged labor organizations shall bear the
secret ballot.
registration number of one of the merging
c. Right over money matters rights against
labor organizations as agreed upon by the
excessive fees; unauthorized collections of
parties.
contribution or disbursement; the right to
require adequate records of income and
expenses and access to financial records;
5. On what grounds and upon whose petition
the
right
to
vote
on
officers
may a unions registration be cancelled?
compensations,
on
proposed
special
The Labor Code provides the following:
assessments
and
be
deducted
a
special
Art. 238. Cancellation of registration; appeal.
assessment
only
with
the
members
The certificate of registration of any labor
written authorizations.
organization, whether national or local, shall be
d. Right to information right to be informed
cancelled by the Bureau if it has reason to
about the orgs constitution and by-laws
believe, after due hearing, that the said labor
and CBA and about labor laws.
organization no longer meets one or more of
2. When, how and by whom are union officers
the requirements herein prescribed.
elected?
Art. 239. Grounds for cancellation of union
They are elected directly by the
registration. The following shall constitute
members in secret ballot voting. The
grounds for cancellation of union registration:
elections take place at intervals of five
a. Misrepresentation, false statement or
years which is their term of office.
fraud in connection with the adoption or
How it is done are matters left by law
ratification of the constitution and by-laws
to the unions constitution and byor amendments thereto, the minutes of
laws or to agreements among the
ratification and the list of members who
members. In the absence thereof,
took part in the ratification;
book V applies.
b. Misrepresentation, false statements or
How may they be impeached or removed?
fraud in connection with the election of
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1.
2.
3.
4.
5.
6.
7.
2.
Title V - Coverage
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1.
Box 11
1.
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5.
6.
Who
are
considered
confidential
employees? May confidential employee
join unions?
3.
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Chapter I - Concept
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1.
2.
3.
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1.
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1.
4.
5.
d. )
To cause or attempt to cause an employer
to pay or deliver or agree to pay or deliver any
money or other things of value, in the nature of an
exaction, for services which are not performed or
not to be performed, including the demand for fee
for union negotiations;
e .)
To ask for or accept negotiation or
attorneys fees from employers as part of the
settlement of any issue in collective bargaining or
any other dispute; or
f.)
To violate a collective bargaining
agreement
2.
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3.
4.
ns are present, namely: (1) possession of the status of m s are that it does not compel any party to agree to a pro
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Where a CBA already exists, the duty to bargai fective? May its life be extended by non-renewal
n means all of the above and, additionally, the obligatio
or by mutual agreement?
60 day period and until a new agreement is reached, th ation by union members.
e CBA remains in full force and effect; the parties are du
ty-bound to keep the status quo. The law therefore prov significant change in setting the durations or terms of a
ides for automatic renewal or extension of the CBA. This CBA at five years for the "representation aspect" and no
60 day period under Art. 253 refers to submission of pro t more than three years for "all other provisions".
posal to renegotiate the nonrepresentational provisions
of the CBA. It does not always coincide with the 60-day es to keep the status quo and to continue in full force a
period mentioned in Art. 253-A and 256 pertaining to f nd effect the term and conditions of the existing agreem
reedom period to resolve representation contest betw ent during the 60-day period and/or until a new agreem
een unions.
Forms of ULP by violating the duty to bargain men
tioned above:
a) failure or refusal to meet and convene;
b) evading the mandatory subjects of bargainin
g;
3.
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1.
5.
2.
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4.
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1.
4.
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3.
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1.
2.
If an employee, on ground of
inconvenience, disobeys and
order transferring him to another
location or job, may such
employee be dismissed?
6.
4.
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2.
b.
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c.
d.
standards
of
valid
2.
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c)
2.
a)
c)
If the termination is based on any
authorized cause, the employee is entitled
to separation pay, and nothing if it is due
to a just cause. What are the exceptions?
As a general rule, employee is not entitled
to separation pay if cause of dismissal is due
to an act imputable to him. Exceptions to
these are as follows, to wit;
a)
1.
3.
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5.
c)
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