Professional Documents
Culture Documents
PRELIMINARY TITLE
CHAPTER I
GENERAL PROVISIONS
ART 1. NAME OF DECREE
LABOR LEGISLATION - Consists of statutes,
regulations and jurisprudence governing the
relations between capital and labor, by providing
for certain standards of terms and conditions of
employment or providing a legal framework
within which these terms and conditions and the
employment relationship may be negotiated,
adjusted and administered. It is divided into
labor standards and labor relations.
LABOR STANDARDS - Are the minimum
requirements prescribed by existing laws,
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary and welfare benefits,
including occupational safety, and health
standards.
LABOR RELATIONS LAW - defines the
status, rights, and duties and the institutional
mechanisms that govern the individual and
collective interactions of employers, employees
or their representatives.
- The law which
seeks to stabilize the relation between employer
and employee, to forestall and thresh out their
differences through the encouragement of
collective bargaining and the settlement of labor
disputes through conciliation, mediation, and
arbitration.
ART. 2. DATE OF EFFECTIVITY
The Labor Code took effect on November 1,
1974 (six months after its promulgation on May
1,1974)
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 82
discharge
MANAGEMENT PREROGATIVE
Except as limited by special laws, an
employer is free to regulate, according to his
own discretion and judgment, all aspects of
employment, including:
HIRING,
WORK
ASSIGNMENTS,
WORKING METHODS, TIME PLACE AND
MANNER OF WORK, TOOLS TO BE USED,
PROCESSES
TO
BE
FOLLOWED,
SUPERVISION OF WORKERS, WORKING
REGULATIONS, TRANSFER OF EMPLOYEES,
WORK
SUPERVISION,
LAY-OFF
OF
WORKERS, AND DISCIPLINE, DISMISSAL
AND RECALL OF WORKERS. (HW5T2PLSD)
-
ART 6. APPLICABILITY
AGRICULTURAL OR FARM WORKER - one
employed in an agricultural or farm enterprise
and assigned to perform tasks which are directly
related to the agricultural activities of the
employer, such as cultivation and tillage of the
soil, dairying, growing and harvesting of any
agricultural and horticultural commodities, the
raising of livestock or poultry, and any activities
performed by a farmer as an incident to or in
conjunction with such farming operations.
-
FARM EMPLOYERFARM
WORKER
RELATIONSHIP
TENANCY
RELATIONSHIP
- It is the landowner
who is the lessor
and the tenant the
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 3 of 82
lessee of
agricultural land
CHAPTER II
EMANCIPATION OF TENANTS
(Note: not included as per SC Memo)
ART 7-11
-
EXCEPTIONS:
those covered by homestead patents
those covered by PD 27
CHAPTER I
GENERAL PROVISIONS
ART 13. DEFINITIONS
WORKER -any member of the labor force,
whether employed or unemployed
RECRUITMENT AND PLACEMENT - any act
of
canvassing,
enlisting,
contracting,
transporting, utilizing, hiring or procuring
workers, and includes referrals, contract
services,
promising
or
advertising
for
employment, locally or abroad, whether for profit
or not; PROVIDED, that any person or entity
which, in any manner, offers or promises for a
fee employment to two or more persons shall be
deemed engaged in recruitment and placement.
(CEC-TUCP) (RCPA)
-The number of persons dealt with is not
an essential ingredient of the act of recruitment
and placement of workers. The proviso merely
creates the presumption.
ADJUDICATORY FUNCTIONS
POEA :
OF
THE
PREMATURE
TERMINATION
OF
CONTRACT - Where the workers employment
contract is terminated long before its agreed
termination date, and the termination is not
shown to be based on lawful or valid grounds,
the employer will be ordered to pay the workers
their salaries corresponding to the unexpired
portion of their employment contract. (Tierra
Intl Construction Corp. vs. NLRC).
HOWEVER, under R.A. 8042, if the illegal
dismissal took place on or after July 15, 1995,
the illegally dismissed overseas worker shall be
entitled to the full reimbursement of his
placement fee with interest at the rate of 12%
per annum plus salary for the unexpired
portion of his employment contract or for 3
mos. for every year of the unexpired term
whichever is LESS.
-
or
CHAPTER III
MISCELLANEOUS PROVISIONS
ART 38. ILLEGAL RECRUITMENT (as per
RA 8042 otherwise known as the Migrant
Workers Act of 1995)
ILLEGAL RECRUITMENT - Any act of
canvassing,
enlisting,
contracting,
transporting, utilizing, hiring or procuring
workers and includes referring contract
services, promising or advertising for
employment abroad, whether for profit or
not when undertaken by a non-licensee
or non-holder of authority.
PROVIDED that any such non-licensee
or non-holder of authority who in any manner,
offers or promises for a fee employment abroad
to two or more persons shall be deemed so
engaged.
It shall likewise include the
commission of prohibited acts whether
committed by a non-licensee or non-holder of
authority or a licensee or holder of authority.
PROHIBITED PRACTICES:
(CFGIIEOFSBWF)
C
F
G
I
O
F
S
B
W
F
F
(b)
PRESCRIPTIVE PERIOD
Illegal Recruitment cases under RA 8042 shall
prescribe in five (5) years Provided, however,
That illegal recruitment cases involving
economic sabotage shall prescribe in twenty
(20) years.
TITLE II
EMPLOYMENT OF NON-RESIDENT ALIENS
ART 40. EMPLOYMENT PERMIT OF NONRESIDENT ALIENS
-Foreigners or domestic and foreign employers
desiring to employ aliens must secure
employment permit from the DOLE upon
determination of the non-availability of a person
in the Philippines who is competent, able and
willing at the time of the application to perform
the services for which the alien is desired.
BOOK TWO
HUMAN RESOURCES DEVELOPMENT
TITLE I
NATIONAL MANPOWER DEVELOPMENT
PROGRAM
CHAPTER I
NATIONAL POLICIES AND ADMINISTRATIVE
MACHINERY FOR THEIR IMPLELENTATION
ART 45. DEFINITIONS
MANPOWER - that portion of the nations
population which has actual or potential
capability to contribute directly to the production
of goods and services.
APPRENTICESHIP AGREEMENT an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
ON-THE-JOB TRAINING the practical work
experience through actual participation in
productive activities given to or acquired by an
apprentice
HIGHLY TECHNICAL INDUSTRIES trade,
business, enterprise, industry or other activity,
Qualifications of an Apprentice
1.
CHAPTER II
LEARNERS
ART 73. LEARNERS DEFINED
LEARNERS - persons hired as trainees in
semi-skilled and other industrial occupations
which are non-apprenticeable and which may be
learned thru practical training on the job in a
relatively short period of time which shall not
exceed 3 mos.
APPRENTICESHIP
LEARNERSHIP
1. Practical training on
the job
supplemented by
related theoretical
instruction.
1. Hiring of persons
as trainees in
semi-skilled and
other industrial
occupations which
are nonapprenticeable and
which may be
learned thru
practical training
on the job in a
relatively short
period of time.
2. Not less than 3
months practical
training on the job
but not more than 6
months
2. Practical training
on the job not to
exceed 3 mos.
3. No Commitment to
hire
3. With Commitment
to employ the
learner as regular
employee if he
desires upon
completion of
learnership
4. In case of
pretermination of
the apprenticeship
agreement, the
worker is not
considered as a
regular employee
5. Highly technical
industries and only
in industrial
occupation
-
5. Semi-skilled /
industrial
occupations
4. Learner is
considered as a
regular employee
in case of
pretermination of
contract after 2
mos. of training
and the dismissal
is without fault of
learner
CHAPTER III
HANDICAPPED WORKERS
BOOK THREE
CONDITIONS OF EMPLOYMENT
TITLE I
WORKING CONDITIONS AND REST
PERIODS
CHAPTER I
HOURS OF WORK
ART 82. COVERAGE
ELEMENTS OF EMPLOYER-EMPLOYEE
RELATIONSHIP:
1. selection and engagement of the
employee
2. the payment of wages
3. the power of dismissal
4. the employers power to control the
employee (with respect to the means
and methods by which the work is to
be accomplished)
-
Government Employees
Managerial Employees
Field Personnel
Family Members dependent on the
employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result
GOVERNMENT EMPLOYEES - Refers only to
employees of government agencies,
instrumentalities or political subdivisions
and of government corporations that are
not incorporated under the Corporation
Code, meaning those which have original
charters.
MANAGERIAL EMPLOYEES - Refer to those
whose primary duty consists of the
management of the establishment in which
they are employed or of a department or
subdivision thereof and to other members
of the managerial staff
Note: Definition applies only to the 8hour Labor law
SHALL INCLUDE:
1. All time during which an employee is
required to be on duty or to be at a
prescribed workplace; and
2. All time during which an employee is
suffered or permitted to work
PRINCIPLES IN DETERMINING HOURS
WORKED:
1. All hours are hours worked which the
employee is required to give to his employer,
regardless of whether or not such hour are
spent in productive labor or involve physical
or mental exertion;
2. An employee need not leave the premises of
the workplace in order that his rest period
shall not be counted, it being enough that he
stops working, may rest completely and may
leave his workplace, to go elsewhere
3.
4.
5.
6.
MEAL PERIODS
RATIONALE
- it serves as an inducement of employment
ART 87. OVERTIME WORK
OVERTIME PAY- Additional compensation for
work performed beyond eight (8) hours
within the workers 24-hour workday.
REQUISITES :
RATIONALE
- employee is given OT pay because he is made
to work longer than what is commensurate with
his agreed compensation for the statutorily fixed
or voluntarily agreed hours of labor he is
supposed to do.
1.
RATIONALE
- An employees regular pay rate is lower than
the overtime rate. Offsetting the undertime
hours against the overtime hours would
result in undue deprivation of the
employees extra pay for overtime work.
EXCEPTIONS:
1. When the waiver stipulates higher payment
or rate of OT pay; or
2. Where the contract of employment requires
work for more than eight hours of work at
specified wage per day providing for a fixed
hourly rate or that the daily wages include
overtime pay.
N
U
N
C
religious grounds.
But when such
preference will prejudice the operations of
the undertaking and the employer cannot
normally result to other remedial measures,
the employer may so schedule the weekly
rest day that meets the employees choice
for at least two (2) days a month
ART 92. WHEN EMPLOYER MAY REQUIRE
WORK ON A REST DAY
WHEN EMPLOYEE MAY BE REQUIRED TO
RENDER WORK ON A REST DAY:
1. In case of actual or impending emergencies
caused by serious accident, fire, flood
typhoon, earthquake epidemic or other
disaster or calamity, to prevent loss of life or
property or in cases of force majeure or
imminent danger to public safety
2. urgent work to be performed on the
machinery, equipment or installation to avoid
serious loss which the employer would
otherwise suffer
3. abnormal pressure of work due to special
circumstances, where the employer cannot
ordinarily be expected to resort to other
measures
4. prevent serious loss of perishable goods
5. nature of work requires continuous operation
for seven days a week
6. work is necessary to avail of favorable
weather or environmental conditions where
performance or quality of work depends
upon them
ART 93. COMPENSATION FOR REST DAY,
SUNDAY OR HOLIDAY WORK
this article does not prohibit a stipulation in
the CBA for higher benefits
SPECIAL HOLIDAYS
9. Christmas Day-December 25
10. Rizal Day-December 30
Note: Compensable
unworked.
of
worked
or
REGULAR HOLIDAY
SPECIAL HOLIDAY
- compensable even
if unworked subject
to certain conditions
- not compensable if
unworked
- limited to the 10
enumerated by the
LC
- rate is 130% if
worked
REGULAR HOLIDAYS:
1.
2.
3.
4.
5.
6.
7.
whether
TITLE II
WAGES
CHAPTER I
PRELIMINARY MATTERS
ART 97. DEFINITION
WAGE - the remuneration or earnings,
however designated, capable of being
expressed in terms of money, whether fixed
or ascertained on a time, task, piece, or
commission basis or other method or
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
the fair and reasonable value of board,
lodging, or other facilities customarily
furnished by the employer to the employee.
FAIR DAYS WAGE FOR A FAIR DAYS
LABOR - if there is no work performed by
the employee, there can be no wage or
pay unless the laborer was able, willing,
and ready to work but was prevented by
management or was illegally locked out,
suspended or dismissed.
WAGE
- compensation
manual labor
-
Not subject
execution
SALARY
for
to
- denotes higher
degree of
employment
- subject to execution
(Gaa vs. CA)
FACILITIES
SUPPLEMENTS
- Are items of
expense necessary
for the laborers and
his familys
existence and
subsistence
- Constitute extra
remuneration or
special privileges or
benefits given to or
received by the
laborers over and
above their ordinary
earnings wages
- independent of the
wage
- not wage
deductible
Christmas bonus
midyear bonus
profit sharing payments; and
other cash bonuses amounting to not less
than 1/12 of its basic salary.
as
the
are
yet
WORKERS PAID ON PIECE-RATE BASIS shall refer to those who are paid a standard
amount for every piece or unit of work produced
that is more or less regularly replicated, without
regard to the time spent in producing the same.
BENEFITS PAYABLE TO PIECE-RATE
WORKERS:
1. Applicable statutory minimum daily rate;
2. Yearly service incentive leave of five days
with pay;
3. Night shift differential pay
4.
5.
6.
7.
8.
9.
Holiday pay
Meal and rest periods
OT pay (conditional)
Premium pay (conditional)
13th month pay
other benefits granted by law, individual or
collective bargaining agreement or company
policy or practice.
CHAPTER III
PAYMENT OF WAGES
promissory notes
vouchers
coupons
tokens
tickets
chits
or any object.
GENERAL RULE:
- payment by legal tender
EXCEPTIONS:
- checks or money orders may be paid if:
1. the same is customary on the date of
effectivity of the LC;
2. necessary because of special
circumstances; or
3. as stipulated in the CBA
ART 103. TIME OF PAYMENT
WHEN TO PAY:
- at least once every two (2) weeks or twice a
month at intervals not exceeding sixteen
(16) days
force
majeure
or
other
circumstances
beyond
the
employers control, payment must be
made
immediately
after
occurrence have ceased.
such
EXCEPTIONS:
a. in
case
of
force
majeure/special
circumstances, payment may be made
through another person under written
authority where the worker has died, the
b. employer may pay the wages of the
deceased worker to the heirs of the latter,
through the Secretary of Labor or his
representative, without the necessity of
intestate proceedings, after the heirs have
executed an affidavit attesting to their
relationship to the deceased and the fact
that they are his heirs to the exclusion of all
others
ART 106. CONTRACTOR OR
SUBCONTRACTOR
LABOR ONLY CONTRACTING - where the
person supplying workers to an employer does
not have substantial capital or investment in
the form of tools, equipment, machineries, work
premises, among others, and the workers
recruited and placed by such persons are
performing activities which are directly related to
the principal business of such employer.
INDEPENDENT CONTRACTOR - one who
exercises
independent
employment
and
contracts to do a piece of work according to his
own methods and without being subject to
control of his employer except as to the result
thereof.
TO WHOM PAID
LABOR ONLY
CONTRACTING
1. No E- E
relationship exist
between
employer and the
contractors
employee except
when the
contractor or
subcontractor
fails to pay the
wages of his
employees
1. Employer is treated
as direct employer
of the person
recruited in all
instances
2. liability is limited
to unpaid wages
and other labor
standards
violations
3. Permissible
3. Prohibited by law
4. Contractor has
substantial capital
or investment
4. Contractor has no
substantial capital/
investment
IN
SSS Payments
MEDICARE
Contributions to PAG-IBIG Funds
value of meals and others
payments to third persons with employees
consent
6. deduction of absences
W/OUT EMPLOYEES CONSENT:
1. Workers insurance acquired by the employer
2. Union Dues, where the right to check-off has
been recognized by the employer
3. Cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor
4. debts of the employee to the employer which
have become due and demandable
ART 114. DEPOSITS FOR LOSS OR
DAMAGE
-
CHAPTER VII
ADMINISTRATION AND
ENFORCEMENT
ART. 128. VISITORIAL AND ENFORCEMENT
POWER
ART. 129. RECOVERY OF WAGES, SIMPLE
MONEY CLAIMS AND OTHER BENEFITS
-
REQUISITES :
1. The claim is presented by an employee or
person employed in domestic or household
service or househelper;
2. The claim arises from employer-employee
relations;
3. The claimant does not seek reinstatement;
and
4.
The aggregate money claim of each
employee or househelper does not exceed
P5, 000.00
ART 128
ART 129
1. Visitorial and
enforcement
power of the
Secretary of
Labor /his duly
authorized
representatives
exercised through
routine
inspections of
establishments
1. Power of the
Regional Director or
any duly authorized
hearing officers to
hear and decide
matters involving
the recovery of
wages, upon
complaint of any
interested party
2. requires the
existence of E-E
Relationship
claim for
reinstatement
3. No limit as to
amount of claim
3. Aggregate claim of
each complainant
does not exceed
P5,000
4. Appeal is with
Sec.of Labor ;
period of appeal
is 10 calendar
days
5. Person exercising
the power is the
Sec. Of Labor or
any of his duly
authorized
representatives
who may or may
not be a regional
director
5. The power is
vested upon a
regional director or
any duly authorized
hearing officer of
the DOLE.
3.
4.
5.
TITLE III
WORKING CONDITIONS FOR SPECIAL
GROUP OF EMPLOYEES
CHAPTER I
EMPLOYMENT OF WOMEN
ART 130. NIGHTWORK PROHIBITION
-
2.
6.
7.
REQUISITES :
1. Employee notified her employer of her
pregnancy of the probable date of her
childbirth
2. Full payment be advanced by the employer
within 30 days from the filing of the maternity
leave application
3. That payment of daily maternity benefits
shall be a bar to the recovery of sickness
benefits
4. That the maternity benefits shall be paid
only for the first four (4) deliveries or
miscarriages
5. That the SSS shall immediately reimburse
the employer of 100% of the amount of
maternity benefits advanced to the
employee by the employer
6. That if an employee member should give
birth or suffer a miscarriage without the
required contributions having been remitted
for her by her employer to the SSS, or
without the latter having been previously
notified by the employer of the time of the
pregnancy, the employer shall pay to the
SSS damages equivalent to the benefits
which said employee member would
otherwise have been entitled to.
-
Acts of Discrimination:
2.
3.
ART
STIPULATION
MARRIAGE
AGAINST
on
the
employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
b.
c.
WORKMENS
COMPENSATION
ACT
EMPLOYEES
COMPENSATION
LAW
1. There is a
presumption of
compensability
1. no presumption of
compensability
2. there is a
presumption of
aggravation
2. no presumption of
aggravation
4. payment of
compensation
made by the
employer
4. payment of
compensation
made by SSS/GSIS
through the State
Insurance Fund
GROUNDS FOR AN
COMPENSABLE
INJURY TO
BE
7. POSITIONAL
2.
4. SPECIAL
1.
Intoxication;
2.
3.
4.
PRIMARY BENEFICIARIES
a. Dependent spouse until he remarries
b. dependent children ( legitimate, legitimated,
natural born or legally adopted)
SECONDARY BENEFICIARIES
a. Illegitimate
children
and
legitimate
descendants
b. parents, grandparents, grandchildren
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
ART 211. DECLARATION OF POLICY
LABOR RELATIONS LAW - Concerned with
the stabilization of relations of employer
and
employees and seeks to forestall and adjust
grievances through - the encouragement of
collective bargaining and the settlement of
labor
disputes
through
conciliation,
mediation and arbitration.
-
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL LABOR RELATIONS
COMMISSION
TRIPARTISM
- Five (5) divisions of NLRC.
2. formulating
policies
affecting
administration and operations.
-
its
The
procedural
and
substantial
requirements of Art 218 (e) must be strictly
complied with before an injunction may
issue in a labor dispute.
APPEARANCE
OF
NON-LAWYERS
BEFORE THE COMMISSION:
GENERAL RULE:
ONLY
lawyers
can
appear before the NLRC, or any Labor Arbiter,
EXCEPTIONS : Non-Lawyers can appear ONLY
in the following instances:
THE
BLR
HAS
NO
DETERMINATION
OF
EMPLOYEE RELATIONSHIP:
-
TITLE III
BUREAU OF LABOR RELATIONS
EMPLOYER-
An unregistered CBA
certification election.
does
not
bar
through
fraud,
misrepresentation, or coercion
in such cases, the NLRC of the courts can
assume jurisdiction.
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND CANCELLATION
ART. 234. REQUIREMENT OF
REGISTRATION
LABOR ORGANIZATION- A labor
organization is any union or association of
employees which exists in whole or in part
for the purpose :
- of collective bargaining or
- of dealing with employers concerning the
terms and conditions of employment.
PURPOSE OF FORMATION OF LABOR
UNIONS: for securing a fair and just wages and
good working conditions for the laborers; and for
REASON
FOR
REQUIREMENT
OF
REGISTRATION it is a condition sine qua non
for the acquisition of legal personality by labor
organizations, associations or unions, and the
possession or the rights and privileges granted
by law to legitimate labor organizations
FEDERATION is an association of national
unions.
REQUIREMENTS BEFORE A FEDERATION
CAN BE ISSUED A CERTIFICATE OF
REGISTRATION:
Aside from the application, which must be
accompanied with the requirements for
registration of a labor registration, the
application should also be accompanied by the
following:
1. Proof of affiliation of at least 10
locals or chapters, each of which
must be :
a. a duly recognized collective
bargaining agent in the
establishment of
b. supporting the registration
of such applicant federation
or national union;
2. The names and addresses of the
companies where the locals or
chapters operate and the list of all
the members in each company
involved.
affiliate
with
EFFECT OF DISAFFILIATION
EXISTING CBAs:
WITH
IT DEPENDS.
If the labor union is
independently registered, existing CBAs would
continue to be valid as the labor organization
can continue administering the CBAs.
ART
238.
CANCELLATION
REGISTRATION; APPEAL
OF
6. Entering
into
collective
bargaining
agreements which provide terms and
conditions of employment below minimum
standard established by law;
7. Asking for or accepting attorneys fees or
negotiation fees from the employers;
8. Other than for mandatory activities under
this Code, checking off special assessment
or any other fees without duly signed
individual written authorization of the
members;
9. Failure to submit a list of individual members
of the Bureau once a year or whenever
required by the Bureau; and
10. Failure to comply with the requirements
under Articles 237 and 238.
REMEDY IN CASE THE BUREAU SHOULD
CANCEL THE REGISTRATION OF THE
UNION:
- to appeal to the Secretary of Labor within 10
calendar days on the grounds of:
1. grave abuse of discretion or
2. gross incompetence on the part of
the Bureau
-
CHAPTER II
RIGHTS AND CONDITIONS OF MEMBERSHIP
IN A LABOR ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
REQUIREMENTS IN MAKING SPECIAL
ASSESSMENT
Art. 241(n).
shall
be
attested
by the
of
said
non-members
may
be
assessed union dues equivalent to
that paid by members
only by a Board Resolution
approved by majority of the
members in a general meeting
called for the purpose
LEGITIMATE
LABOR
1.
2.
3.
4.
5.
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITH A CHARTER
WITHOUT
CHARTER
1. Employees cannot
stage strikes since
they are governed
by the Civil
Service Law. They
are enjoined by
Civil Service
Memorandum
Circular No. 6,
under pain of
administrative
sanctions, from
staging strikes,
demonstrations,
mass leaves, walkouts and other
concerted
activities.
1.The GOCC is
created under
Corporation Code,
then employees are
covered by the
Labor Code.
Therefore the
employees have the
same rights as
those as employees
of private
corporations, one of
which is the right to
stage strikes.
2.Corporations with
original
charters
cannot bargain with
the
government
concerning
the
terms
and
conditions of their
employment.
However, they can
negotiate with the
government
on
those terms and
conditions
of
employment which
are not fixed by law.
Thus, they have a
limited bargaining
rights.
2. The GOCC is
created
under
Corporation
Code,
being governed by
the Labor Code, they
can bargain with the
government
concerning the terms
and conditions of
their employment.
Thus, they have an
unlimited bargaining
rights.
contrary to law.
appointments
promotion
assignments/details
reclassification/upgrading of position
revision of compensation structure
of
Commercial
Industrial
Agricultural enterprises, including:
charitable
religious
education or
medical institution
Self- employed
Without definite employers
Ambulant
Intermittent and Itinerant
Rural worker
ART. 246.
THE
RIGHT
TO
SELF-ORGANIZATION
the
be
be
but
the
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
ART. 247 UNFAIR LABOR PRACTICES
NATURE OF UNFAIR LABOR PRACTICES:
1. violate the constitutional right of workers and
employees to self-organization,
2. are inimical to the legitimate interests of both
labor and management, including their right
to bargain collectively and otherwise deal
with each
other in an atmosphere of
freedom and mutual respect,
3. disrupt industrial peace and
4. hinder the promotion of healthy and stable
labor-management relations.
PRESCRIPTIVE PERIOD FOR FILING
CRIMINAL AND CIVIL CASES FOR ULP:
-
2.
TEST OF DISCRIMINATION:
a.
UNION
SECURITY
3. MAINTENANCE
OF
MEMBERSHIP
CLAUSE - the agreement DOES NOT
require non-members to join the contracting
union BUT provides that those who are
members thereof at the time of the
execution of the CBA and those may
thereafter on their own volition become
members must for the duration of the
agreement maintain their membership in
good standing as a condition for continued
employment in the company for the duration
of the CBA.
4. PREFERENTIAL SHOP AGREEMENT The employer agrees to give preference to
the members of the bargaining union in
hiring or filing vacancies and retention in
case of lay-off. But the employer has the
right to hire in open market if union
members are not available. Usually,
descendants (children) are also given
preference in employment.
5.
wages
hours of work
grievance machinery
voluntary arbitration
family planning
rates of pay
mutual observance clause
of
the
Interest
CERTIFICATION
ELECTION
CONSENT
ELECTION
1. aimed at
determining the
sole and
exclusive
bargaining agent
of all the
employees in an
appropriate
bargaining unit
for the purpose
of collective
bargaining;
1. an agreed one,
its purpose
being merely to
determine the
issue of majority
representation of
all the workers in
the appropriate
collective
bargaining unit
2. separate and
distinct from a
consent election
RUN-OFF ELECTIONS
This happens when:
a. The election provides for at least 3
choices(no union is always a
choice)
b. The election results in none of the
choices received the majority
votes(50%+1) of the valid votes cast
1. Contract-Bar Rule
2. One-Year Bar Rule
3. Deadlock Bar Rule
SUBSTITUTIONARY DOCTRINE-- It
means that where there occurs a shift in the
employees union allegiance after the execution
of a collective bargaining contract with the
employer, the employees can change their
agent the labor union, but the collective
bargaining contract which is still subsisting,
continues to bind the employees up to its
expiration date. They, may, however, bargain
for the shortening of said expiration date.
DEADLOCK arises when there is an
impasse which presupposes reasonable effort at
good faith bargaining which, despite noble
intentions, did not conclude in agreement
between the parties.
JURISDICTIONAL PRECONDITIONS OF
COLLECTIVE BARGAINING: (Kiok Loy Case)
1. Possession
of
status
of
majority
representation
2. Proof of majority representation
3. Clear and unequivocal demand to bargain
collectively
DUTY TO BARGAIN COLLECTIVELYThe performance of a mutual obligation to meet
and convene
- promptly and expeditiously and in good faith,
for the purpose of negotiating an agreement with
the respect to
- wages,
- hours of work and
- all other terms and conditions of
employment, including
- proposals
for
adjusting
any
grievances or questions arising
under such agreement and
- executing a contract incorporating
such agreements if requested by
either party.
-
EFFECTS
OF
SUCCESSOR-IN-INTEREST DOCTRINE
occurs when an employer is succeeded by
another employer, the successor-in-interest who
is a buyer in good faith has no liability to
employees in continuing employment and
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor
practice.
EXCEPTIONS TO THE SUCCESSOR-ININTEREST DOCTRINE:
1. If the transfer is done in bad faith;
2. If it was done to circumvent the obligation of
the seller;
3. If the successor expressly assumes the
obligations of the seller
BARGAINING IMPASSE exists when good
faith bargaining on the part of the parties filed to
Will of employees
Affinity and unity of employees interest
Prior collective bargaining history
Employment status, such as temporary,
seasonal and probationary employees.
1.
2.
3.
4.
5.
TITLE VIII
STRIKES AND LOCKOUTS AND FOREIGN
INVOLVEMENT IN TRADE UNION ACTIVITIES
Lack of jurisdiction
Grave abuse of discretion
Violation of due process
Denial of substantial justice
Erroneous interpretation of the law
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage of work by
the concerted action of employees as a result of
an industrial or labor dispute.
IMPORTANCE
-
WHO
CAN
DECLARE
(Bargaining Deadlock) STRIKE:
ECONOMIC
ECONOMIC
STRIKE
ULP STRIKE
1. Voluntary strike
because the
employee will
declare strike to
compel
management to
grant its
demands.
1. Involuntary :
labor
organization is
forced to go on
strike because
the ULP
committed
against them by
the employer. It
is an act of selfdefense since
the employees
are being
pushed to the
wall and their
only remedy is to
strike.
EXCEPTION
PERIOD:
-
TO
THE
COOLING-OFF
decide it or
certify the same to the Commission for
COMPULSORY ARBITRATION.
OF
2.
Where there is return-to-work and the
employees are discriminated against.
- -They are entitled to backwages
from the date of discrimination.
RULES IN STRIKES IN HOSPITALS
1. It shall be the duty of striking employees or
locking-out employer to provide and maintain an
effective skeletal workforce of medical and other
health personnel for the duration of the strike or
lock-out.
2. Secretary of Labor may immediately assume
jurisdiction within 24 hours from knowledge of
the occurrence of such strike or lock-out or
certify it to the Commission for compulsory
arbitration
GOCCs organized under the Corporation Code
with no original charter of its
own can declare a strike.
ART 264. PROHIBITED ACTIVITIES
1. NO labor organization or employer shall
declare a strike or lockout
- without first having bargained
collectively in accordance with Title
VII of this Book or
- without first having filed the notice
required in the preceding Article or
without the necessary strike or
lockout vote first having been
obtained and reported to the
Department.
NO strike or lockout shall be declared:
a. AFTER assumption of jurisdiction by
the President or the Secretary or
b. AFTER certification 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.
-
RULES
WORKERS:
ON
REINSTATEMENT
OF
GENERAL RULE
Striking
employees are entitled to reinstatement,
regardless of whether or not the strike was the
consequences of the employers ULP
REASON:
because while out of
strike, the strikers are not considered to have
abandoned their employment, but rather have
only ceased from their labor.
- -The declaration of a strike is NOT a
renunciation of employment relation.
EXCEPTIONS: The following strikers are
NOT entitled to reinstatement:
1. union officers who knowingly
participates in an illegal strike;
and
2. any striker/union member who
knowingly participate in the
commission of illegal acts during
the strike.
AND
CASUAL
PROBATIONARY
PERIOD
OF
EMPLOYMENT - the period needed to
determine the fitness for the job, i .e., the
time needed to learn the job.
It is period during which the employer
may determine if the employee is qualified for
possible inclusion in the regular force.
NOTE:The standard which the probationary
employee is to meet must be made known by
the employer to the employee at the time of the
engagement.
Probationary employees may be terminated for
the same causes as a regular employee, except
that there is an additional ground failure to
meet the standard.
Is it necessary that probationary employment
be for a period of 6 months?
No. Provided that the following
requisites concur:
1. it is done before the lapse of 6
months;
2.employee must be advised of such extension;
3. employee must agree.
EFFECT IF PROBATIONARY EMPLOYEE IS
ALLOWED TO WORK BEYOND 6 MONTHS:
If the probationary employee is allowed
to work beyond the period of 6 months or the
agreed probationary period, said employee
become a regular employee by operation of law.
Under the Labor Code, an employee
who is allowed to work after a probationary
period shall be considered a regular employee.
(Art. 281.)
ART. 282. TERMINATION BY EMPOYER
JUST CAUSES:
1. Serious misconduct or willful disobedience
by the employee of the lawful orders of his
employer or representative in connection
with his work;
2. Gross and habitual neglect by the employee
of his duties;
3. Fraud or willful breach by the employee of
the trust reposed in him by his employer or
duly organized representative;
4. Commission of a crime or offense by the
employee against the person of his
employer or any immediate member of his
family or his duly authorized representative;
and
5. Other causes analogous to the following:
ART. 283- 284
AUTHORIZED CAUSES OF TERMINATION
BY THE EMPLOYER:
1. The installation of labor-saving devices
(automation)
2. Redundancy (superfluity in the performance
of a particular work)
3. Redundancy to prevent losses (there is
excess of employees and employer wants to
prevent financial losses)
4. The closing or cessation of operation of the
establishment or undertaking UNLESS the
closing is for the purpose of circumventing
the provisions of the Labor Code.
5. Illness
a. If illness is incurable within 6 months
and is
b. deleterious to his health or his coemployees.
c. certification from public heath officer
that illness is incurable within 6
months.
STANDARDS
UNDER
EMPLOYER MAY RETRENCH:
WHICH
AN
and
PAYROLL REINSTATEMENT
- the employee is merely reinstated in
the payroll.
PERIOD COVERED BY THE PAYMENT OF
BACKWAGES: Backwages shall cover the
period from the date of dismissal of the
employee up to the date of actual
reinstatement.
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
TITLE II
PRESCRIPTION OF OFFENSES AND CLAIMS
PERIODS OF PRESCRIPTION
A. MONEY CLAIMS-The prescriptive period is
3 years from the accrual of the cause of
action.
B. ULP -The prescriptive period of filing a case
for ULP is 1 year from the accrual of the
cause of action.
ILLEGAL DISMISSAL
The prescriptive period of filing a case
for illegal dismissal is 4 years from the accrual of
the cause of action. (Art. 1146)
NOTE: The period of prescription mentioned
under Article 281, now Article 292, of the Labor
Code, refers to and is limited to money claims,
all other cases of injury to rights of a
workingman being governed by the Civil Code.
Hence, reinstatement prescribes in 4 years.
POST- EMPLOYMENT
FORMS OF REINSTATEMENT:
Under
the
so-called
WENPHIL
DOCTRINE if just or authorized cause exist but
the affected employees right to due process has
been violated, the dismissal is valid but the
employee is entitled to damages by way of
indemnification for the violation of the right.
On Jan. 27, 2000, the SC in the case of
SERRANO vs. ISETANN et. al. Disregarded
this WENPHIL DOCTRINE and ruled that if the
employees right to due process is violated, his
dismissal becomes illegal regardless of the
existence of a just and authorized cause.
REINSTATEMENT
- Restoration of the
employee to state from which one has been
removed or separated without loss of seniority
rights and other privileges.
WHAT
ARE
INCLUDED
IN
COMPUTATION OF BACKWAGES
THE
COVERAGE:
Compulsory upon all employees not
over 60 years of age and their employers
In case of domestic helpers, their
monthly income shall not be less than one
thousand pesos
Any benefit already earned by the
employees under private benefit plans existing
at the time of the approval of the Act shall not be
discontinued, reduced or otherwise impaired and
shall continue to remain under the employers
COVERAGE:
organization
employees.
1.
2.
3.
4.
file
THE
government
RIGHT
TO
REGISTRATION
DFA
DOLE
POEA
OWWA
Government
employees
organization shall register with the Civil
Service AND the Department of Labor
and Employment .
OF
and
Repatriation fund
Loan Guaranty fund
Legal Assistance fund
Congressional Migrant Workers Scholarship
fund
rank
PROTECTION
ORGANIZE
of
government employees
employees already receiving 13th month pay
household helpers
employees paid purely on commission basis
STATEMENT
OF POLICIES
EMPLOYER
COVERAGE
COMPULSOR
Y
VOLUNTARY
EXEMPTED
EMPLOYMEN
T
BENEFITS
1.
2.
3.
4.
5.
6.
7.
8.
1. AFP
2. PNP
3. Contractuals who have
no employer and
employee relationship
* Members of the judiciary
and the Constitutional
Commissions life
insurance only
Monthly pension
Dependents pension
Retirement
Death Benefits
Permanent Disability benefits
Funeral
Sickness
Maternity
1.
2.
3.
4.
5.
6.
Life Insurance
Retirement
Disability
Survivorship
Separation
Unemployment
BENEFICIARIES
PRIMARY
SECONDARY
1. Dependent parents
parents
CONTRIBUTIONS
1. Employers contributions
2. Employees contribution
3. Government contribution
1. Employers contribution
2. Employees contribution
MODE
OF COLLECTION
PENALTIES
ENTITLED TO
RETIREMENT BENEFITS
DISABILITIES DEEMED
PERMANENT PARTIAL
1.
2.
3.
4.
AMOUNT OF FUNERAL
BENEFITS
P12,000.00
WHO PAYS
REMITTANCES?
COVERAGE
NOTICE REQUIREMENT
EFFECT OF ERRONEOUS
PAYMENT
DISPUTE SETTLEMENT
PRESCRIPTIVE PERIODS
Grievance Machinery
1. Interpretation or
implementation of the CBA
2. Intra-union dispute
3. Labor Management Relations
except
interpretation
or
implementation of the CBA
2. Interpretation or enforcement
of company personnel
policies
Voluntary Arbitration
1. Unresolved Grievances
2. Agreement on other labor
dispute(Bargaining deadlock,
ULP)
Labo
(UT
1. ULP
2. Terminati
3. Reinstate
involving
4. Claims of
from E-E
5. Cases inv
acts in str
6. Claims ar
relationsh
domestic
amount e
7. Migrant W