LABOR LAW VII.

Labor Relations
a. Right to Self-Organization (Labor Organizations)
Basic Structure: i. Rights & conditions of membership to a union
I. Fundamental principles and policies ii. Rights of legitimate labor organizations
a. Constitutional v. statutory v. contractual due process iii. Mechanisms to determine exclusive
II. Not Covered by the Labor Code bargaining agents
a. Government employees (incl. GOCC w/ orig charter) 1. Petition for Certification Election
b. Corporate officers 2. Sole and Exclusive Bargaining Agent
c. Local Water Districts (SEBA) Certification
d. Foreign governments and international agencies 3. Consent Election
e. Private School Teachers b. Unfair Labor Practices
f. Public health workers c. Collective Bargaining Agreements
III. Recruitment and placement i. Contract Bar Rule
a. Local workers ii. Certification Year Bar
b. OFWs iii. Negotiation Bar Rule
IV. Labor Standards iv. Deadlock Bar Rule
a. Regular working hours d. Grievance Machinery, Voluntary Arbitration
b. Regular working days e. Strikes and Lockouts
c. Regular meal period f. Different kinds of Employment
d. Weekly rest periods i. Regular
e. Compensation for overtime work ii. Casual
f. Night Shift differential pay iii. Project
g. Compensation for holiday work iv. Fixed-term
h. Additional compensation for work on scheduled rest v. Probationary
day, Sunday, or special holiday work vi. Seasonal
i. Service Incentive Leave g. Management Prerogatives
j. Share in service charges h. Jurisdictions of bodies related to Labor (see last part)
V. Special Kinds of Workers VIII. Special Labor Laws
a. Learners a. SSS/GSIS/Philhealth
b. Apprentices b. Paternity Leave
c. Persons w/ Disabilities c. Retirement Pay Law
VI. ECC, and Social Welfare Benefits d. Anti-Sexual Harassment
e. Child Abuse Law
f. Migrant Workers Act
g. Limited Portability
h. Kasambahay Law

BAR REVIEW NOTES by HARVEY BILANG

 1. LABOR RIGHTS GUARANTEED BY THE CONSTI iii. Worker abandons the job, voluntarily resigns,
a. Labor Standards commits theft, or any other acts prejudicial to
i. Security of Tenure the employer
ii. Receive a living wage
iii. Just share in the fruits of production 5. ENTITIES AUTHORIZED TO ENGAGE IN
iv. Work under humane conditions RECRUITMENT AND PLACEMENT OF WORKERS
b. Labor Relations a. Public employment offices
i. Collective bargaining b. Private recruitment entities
ii. Right to organize c. Private employment agencies
iii. Participate in policy and decision making d. POEA
processes e. Construction contractors (if authorized by the DOLE
iv. Engage in peaceful concerted activities, AND the Construction Industry Authority
including right to strike f. Members of the diplomatic corps
g. Other persons authorized by DOLE Sec
2. WORKERS TO WHOM THE LABOR CODE DOES NOT h. Name Hires
APPLY i. Shipping or manning agents and representatives
a. Corporate officers
b. Employees of GOCC w/ special charter 6. EXCEPTIONS ON PROHIBITION ON DIRECT HIRING
c. Local water districts a. Diplomatic corps
d. Foreign governments b. International Orgs
e. International Agencies c. Other employers allowed by DOLE
f. Private school teacher (but can apply suppletorily) d. Name Hirees

3. QUALIFICATIONS OF A PRPA 7. MANDATORY REMITTANCE RATES

a. Citizenship = 75% Filipino if juridical person NATURE OF JOB FOREIGN EXCHANGE
b. Minimum paid up capital 200k if single REMITTANCE (% of
proprietorship or partnership; 500k if corp BASIC SALARY)
c. Good moral character Seamen or mariners 80%
d. Office space of at least 50 sq.m Workers for Filipino contractors and 70%
construction companies
4. REPLACEMENT OF WORKER W/O COST Professionals whose employment 70%
a. Only once contract provide for lodging facilities
b. W/in 1 month from employees 1st day Professionals without board and 50%
c. Based on any of the ff. grounds lodging
i. Incurable or contagious disease, as certified Domestic and other service workers 50%
by a competent physician All other workers 50%
ii. Physical/mental incapability of discharging
the minimum normal requirements of the job

BAR REVIEW NOTES by HARVEY BILANG

 8. GROUNDS FOR SUSPENSION OF LICENSE
a. Violation of any provision of the Rules
b. Violation of rules regarding publication of job
vacancies
c. Non-issuance of official receipt
d. Non-submission of monthly report
e. Charging or accepting any excess amount
f. Disregard of lawful orders and notices issued by the
DOLE Sec or his duly authorized representative
g. Non-observance of the procedures on recruitment
9. GROUNDS FOR CANCELLATION OF LICENSE
a. Violation of conditions of license
b. Misrepresentation to secure a license or renewal
c. Continuous operation despite notice that license has
expired
d. Incurring 3 suspensions based on final and executory
judgments, within the validity period of its license
e. Engaging in labor-only contracting
f. Recruitment and placement in violation of child
abuse law
g. Transferring, conveying, or assigning license or
authority to other than one to whom it is issued
h. Engaging in prohibited practices art.
10. DISQUALIFIED FROM OVERSEAS RECRUITMENT
a. Travel agencies/sales agencies of airline companies
b. Officers/members of the board of (a)
c. Corporation or partnerships with interlocking
officers with (a)
d. Persons with derogatory records
i. Convicted or with prima facie guilt of illegal
recruitment
ii. Agencies whose licenses have been
previously cancelled
iii. Included in the list of persons with
derogatory record by POEA Administrator
BAR REVIEW NOTES by HARVEY BILANG
e. Officials or employees of DOLE, POEA, OWWA,
DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI,
PNP, CAAP, intl airport authorities, and other
government agencies directly involved in overseas
employment program
i. And their relatives within the 4th degree of
consanguinity or affinity
f. Individuals, officers or directors, of an insurance
company who make, propose, or provide an
insurance contract under the compulsory insurance
coverage for agency hired OFWs.
11. DISQUALIFIED FROM LOCAL RECRUITMENT
a. Convicted of illegal recruitment, trafficking, child
labor, or crimes involving moral turpitude
b. Probable cause or prima facie guilt of illegal
recruitment
c. Cooperatives
d. Sole proprietors of duly licensed agencies cannot get
another license
12. PROHIBITED PRACTICES
a. Charging or accepting an amount greater than
specified in the schedule of fees (Illegal exaction)
b. Making a worker acknowledge any amount greater
than that actually received by him as a loan or
advance (Illegal exaction 2.0)
c. Publish any false notice/info regarding employment
(False information)
d. Misrepresentation to secure license (false statements)
e. Induce a worker already employed to quit his
employment (pirating)
i. Unless it is designed to liberate the worker
from oppressive terms of employment
f. Influence any person not to employ any worker
g. Obstruct or attempt to obstruct inspection by DOLE
Sec or his representative (obstruct inspection)
 h. To engage in recruitment in jobs harmful to public
health or morality (harmful jobs)
i. Fail to submit reports required by DOLE Sec. (Failure
to comply with rules and regulations
j. To alter employment contracts approved by DOLE to
the prejudice of the worker without the approval of
the DOLE. (Alteration of contracts)
k. For an officer or agent of a PRE/PEA to become an
officer or member of the Board of any travel agency
(Travel agency officers recruiting)
l. Withhold or deny travel documents before departure
for reasons other than those authorized by law
(Withholding travel documents)
m. Failure to actually deploy a worker w/o valid reason
(unjustified non-deployment)
n. Failure to reimburse a worker for expenses for
documentation when deployment does not take
place. (Non-reimbursement upon failure to deploy)
o. Allow a non-Filipino to manage a licensed agency
(delegation to an alien)
13. RIGHTS AND PRIVILEGES OF DISABLED PERSONS
WITH RESPECT TO EMPLOYMENT
a. Vocational rehabilitation
b. Eligibility for apprenticeship
c. Non-discrimination on employment
d. Vocational guidance and counselling
e. Equal opportunity for employment
f. Sheltered Employment
14. NOT COVERED BY BOOK THREE
a. Government employees
b. Managerial employees
c. Kasambahays
d. Workers paid by result
e. Field personnel
f. Members of the family of the employer who are
dependent on him for support
BAR REVIEW NOTES by HARVEY BILANG
g. For Night Shift differential: Employees of retail and
service establishments employing at most 5 workers
h. For Holiday Pay - Employees of retail and service
establishments employing at most 10 workers
15. WORKERS NOT ENTITLED TO SIL
a. Government employees
b. Managerial Employees
c. Field Personnel
d. Members of the family of the employer who are
dependent on him for support
e. Employees of retail and service establishments
employing at most 10 workers
f. Those already enjoying said benefits or has 5-day
vacation leave with pay
NOTE: So kasambahays are entitled to SIL but theirs is not
commutable nor convertible to cash. For other workers, SIL shall be
convertible to cash based on the salary rate on date of conversion.
16. NOT COVERED BY THE TITLE ON WAGES
a. Farm tenancy or leasehold
b. Kasambahays
c. Homeworkers engaged in needle work
d. Establishments duly registered with the National
Cottage Industry Development Authority
e. Duly registered Cooperatives
f. Barangay Micro Business
g. Employees of retail and service establishments
employing at most 10 workers
17. RATES OF OVERTIME PAY
NOTE: Basic wage (w/o deductions for facilities provided)
a. Regular Workdays 25% of regular basic wage
b. Legal Holidays 30% of holiday rate (200% of basic)
c. Rest day or Special Holidays 30% of rest day rate
(130% of basic)
d. Rest day which is also a Special Holiday 30% of rate
of such day (150% of basic)
 e. Rest day which is also a Legal Holiday 30% of such
day (260% of basic)
f. Double legal holiday 30% of double legal holiday
rate (300% of basic)
g. Double legal holiday w/c is also the rest day 30%
of rate for such day (390% of basic)
18. WHEN WORK MAY BE REQUIRED
WHEN OVERTIME WORK WHEN WORK ON REST DAY
MAY BE REQUIRED MAY BE REQUIRED
1. When necessary to avail of favorable weather or environmental
conditions where performance of quality of work depends thereon
2. Necessary to preserve perishable goods
3. Urgent work is needed on machines and equipment
4. Prevent loss or damage to life or property due to force majeure
5. War, or any national or 5. Abnormal pressure of work due
local emergency declared by to special circumstances, where
Congress or the Chief the employer cannot ordinarily be
Executive expected to resort to other
measures
6. Prevent serious 6. Nature of the work requires
obstruction or prejudice to continuous operations, and the
the business of the employer stoppage of work may result in
irreparable injury to the employer
7. Analogous circumstances as
determined by DOLE Sec.
19. REQUISITES FOR PROHIBITION AGAINST
DIMINUTION OF BENEFITS TO APPLY
a. Practice is consistent and deliberate
b. Discontinuance is done unilaterally by the employer
c. The benefit has ripened into practice over a long
period
d. Practice is not due to error in the construction or
application of a doubtful or difficult question of law.
BAR REVIEW NOTES by HARVEY BILANG
20. LEGAL PROHIBITIONS AS REGARDS WAGES
a. Diminution of wages
b. Interference by employers in the employees
disposition of their wages
c. Payment of wages in clubs, bars, and similar places
d. Payment of wages in non-cash form (except below)
e. Unauthorized deductions
f. Deposits for loss and damage
g. Prohibited kickbacks and withholding of wages
h. Deductions to ensure employment
i. Retaliatory measures (against filing or testifying)
j. False reporting
21. WHEN PAYMENT BY CHECK IS ALLOWED
(EXCEPTIONS TO CASH PAYMENT OF WAGES)
a. Customary, on date of effectivity of the Labor Code
b. Necessary, because of special circumstances as
determined by DOLE Sec
c. Stipulated in the CBA
d. When the following conditions are met
i. There is a bank or other facility for
encashment w/in the radius of 1km
ii. The employer does not receive any pecuniary
benefit from the arrangement
iii. Employees are given reasonable time during
banking hours to withdraw (shall still be
compensable if done during working hours)
iv. With written consent of the employees (if
such payment by check not yet in the CBA)
v. Establishment has 25 or more employees
22. SUMMARY OF RULES ON WAGES
RULE EXCEPTIONS
WHAT Legal Tender Payment by check or money order
as discussed above
WHEN Once in 2 weeks/ (1) Force majeure; (2) Payment by
twice a month at result involving work w/c cannot
 intervals not be completed in 2 weeks (pay
exceeding 60 days proportionally to work done)
WHERE At or near the (1) Force majeure; (2) employer
place of provides free transpo back/forth;
undertaking (3) analogous circumstances
HOW Directly to (1) Other person w/ written
employee authority cause of force majeure;
(2) Check-off; (3) Payment to
heirs; (3) Payment to a family
member w/ written authority
(need not be force majeure)
23. ELEMENTS OF LEGITIMATE JOB CONTRACTING
a. Contractor is registered, and carries a distinct and
independent business
i. Undertakes to perform a job according to its
own responsibility
ii. According to its own manner and method
iii. Free from control and direction of the
principal in all matters except to results
b. Substantial capitalization
i. 3 million, capital (individuals) or paid-up
capital (in case of corporations
c. Tools, equipment, machinery for the industry.
d. Service Agreement complies with rights and benefits
provided by the Labor Code
24. WHEN CHILDREN MAY BE EMPLOYED
a. Below 15 (Not more than 4 hrs/day; 20 hrs/week)
i. Child works directly under the sole
responsibility of the parents
Nakakaaral pa rin siya
And di endangered ang kanyang life,
safety, health, morals etc.
ii. Entertainment
Basta hindi alcohol, tobacco, violence
Written contract approved by DOLE
b. 15-18 (not more than 8 hrs/day, 40 hrs/week
BAR REVIEW NOTES by HARVEY BILANG
i. Basta non-hazardous work (yung hindi heavy
equipment, power-driven tools, machineries,
toxic substances, explosives, construction etc.)
25. EMERGENCY MEDICAL AND DENTAL SERVICES
# of Required to be provided
employees
10-50 Graduate First Aider
51-200 Hazardous workplace - Full-time registered nurse
Non-hazardous workplace - Graduate First-Aider
201-300 Full-time registered nurse; Part-time physician;
Part-time dentist; Emergency Clinic
301 and Full-time registered nurse; Full-time physician; Full-
above time dentist; Dental Clinic; Infirmary or emergency
hospital with one bed capacity per 100 employees
26. CONDITIONS FOR COMPENSABILITY OF
OCCUPATIONAL DISEASE/DISABILITY/DEATH
a. Employees work must involve the risk described
therein
b. The disease was contracted as a result of the
employees exposure to the described risks
c. Disease was contracted within the period of exposure
and under such factors necessary to contract it
d. No notorious negligence on the part of the employee
27. NO COMPENSATION IF DISEASE/INJURY/DEATH IS
CAUSED BY THE EMPLOYEES
a. Intoxication
b. Willful intention to injure/kill himself or another
c. Notorious negligence
d. Otherwise provided by the Labor Code
28. BENEFITS UNDER EMPLOYEES COMPENSATION
a. Services
i. Medical services, appliances, and supplies
ii. Rehabilitation services
b. Cash Income Benefit due to
 i. Temporary total disability i. List of all members
ii. Permanent partial disability ii. Votes cast
iii. Permanent total disability iii. Purpose of the fees or assessments
iv. Death d. Individual written authority executed by members
c. Funeral Benefit
32. RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
29. GROUNDS FOR CANCELLATION OF UNION a. Undertake activities for the benefit of the
REGISTRATION organization and its members
a. Misrepresentation, false statement, or fraud, in b. Sue and be sued
connection with the adoption or ratification of the c. Exclusive representative of all employees
constitution and by-laws (or amendments thereto), d. Represent union members
the minutes of ratification, and the list of members e. To be furnished of audited financial statements
who took part in the ratification f. Own properties
b. Misrepresentation, false statement, or fraud, in g. Exemption from taxes
connection with the election of officers, minutes of
the election, and the list of voters 33. PERSONS NOT GRANTED THE RIGHT TO ORGANIZE
c. Voluntary dissolution by the members a. Employees of international organizations
d. Violation of the rights and conditions of membership b. Members of the AFP, PNP, firemen, and jail guards
i. Deliberative and Decision-making right c. Managerial employees (policy making or highly
ii. Right to information technical)
iii. Rights over money matters (excessive fees; d. Confidential employees
unauthorized collections; access to financial e. Non-employees
records; vote on special assessment etc) f. Aliens w.o AEP; or with AEP but his country does
iv. Political right not grant the same right to Filipinos
g. Government employees
30. PROHIBITED FROM BECOMING MEMBERS OF LOs h. Employees of cooperatives who are members thereof
a. Non-employees i. Subversives
b. Subversives
c. Convicted of a crime involving moral turpitude 34. NEGOTIATED BENEFITS FOR GOV. EMPLOYEES
ALLOWED TO BE NOT ALLOWED; FIXED BY
31. REQUIREMENTS FOR THE LEVY OF SPECIAL NEGOTIATED UPON LAW
ASSESSMENTS OR EXTRAORDINARY FEES Schedule of leaves Those w/c require appropriation
a. Written resolution approved by the majority of all Work assignment for such as: facilities requiring
the members of the union pregnant women capital outlays; increase of salary
b. Approval must be at a general membership meeting Provision for protection and emoluments; travel expenses; car
called for the purpose safety plan; rice/sugar subsidies;
c. Secretary shall record the minutes, attested by the Communication system increase in retirement benefits;
President. The minutes shall include (lateral and vertical) special hospitalization, medical,

BAR REVIEW NOTES by HARVEY BILANG

Personnel growth and and dental services; provident i. On any ground other than the usual terms
development fund and conditions under which membership is
Provision of facilities for Those w/c involve the exercise of maintained or made available to members
handicapped personnel management prerogative, such as e. Featherbedding (exaction for service not performed
Annual medical / physical work load distribution; external or not to be performed)
examination comm. linkages; appointments; f. Violation of duty to bargain
Recreational, social, athletic, reclassification of position;
cultural activities/facilities promotion; penalties for admin 38. MANDATORY PROVISIONS OF A CBA
Provision of first-aid medical actions; assignment details; a. Economic provisions
services for pregnant women compensation structure; selection i. wages, hours of work, vacations and
of personnel to attend trainings. holidays, bonuses, pensions and retirement
plans, seniority, transfer, lay-offs, work-loads,
35. ULP BY EMPLOYERS work rules and regulations, rent of company
a. Interference houses; rates of pay
b. Yellow Dog Contract b. Union security arrangements
c. Contracting out (leading to interference) c. Grievance machinery
d. Company union d. Voluntary arbitration
e. Discrimination (to enc./disc. Union membership) e. Family planning
f. Violation of duty to bargain f. Mutual observance clause
g. Paid negotiation g. Provision against Drug Use in the workplace
h. Gross violation of economic provisions of CBA
i. Union busting 39. RULES ON REQUIRED VOTING
Certification election Whole bargaining unit
36. EXCEPTIONS TO A CLOSED SHOP ARRANGEMENT Strike Voting Only members of the UNION
a. Employees belonging to INC CBA Ratification Whole bargaining unit
b. Members of the rival union
c. Confidential employees 40. GROUND FOR DENIAL OF PCE
d. Employees excluded by express terms of the CBA a. Petitioner is an unregistered union
b. Contract bar rule
37. ULP OF LABOR ORGANIZATIONS c. Certification year rule
a. Gross violation of economic provisions of CBA d. Negotiations bar rule
b. Restrain/coerce employees in the exercise of their e. There exists a deadlock which has been submitted to
right to self-organization conciliation or mediation, or had become a subject of
i. unlike employers na mere interference a valid notice of strike or lockout
c. Ask or accept negotiation/attorneys fees f. Failure to submit the 25% support requirement (for
d. Attempt to cause an employer to discriminate against organized establishments)
an employee

BAR REVIEW NOTES by HARVEY BILANG

 g. Failure of local/chapter or national union or
federation to submit a duly issued charter certificate
upon the filing of the PCE
h. Absence of E-E-Rel between ALL the members of the
petitioning union and the employer
i. Non-appearance of the petitioner for 2 consecutive
scheduled conference w/ the Med-Arb despite notice
41. WHEN A RUN-OFF ELECTION IS PROPER
a. First majority is attained, but not the second majority
b. No unresolved challenged votes which, if sustained,
can materially alter the results of the election
c. The first election at least had three choices
i. No Union is not counted. 3 unions talaga.
d. The top 2 choices combined get majority of the valid
votes cast
e. No Union did not actually win
42. EXCEPTIONS TO THE CONTRACT BAR RULE
a. CBA is unregistered
b. CBA is inadequate, incomplete or defective
i. Includes it being a sweetheart contract
c. Doctrine of Premature Extension
d. W/drawal of affiliation from the union brought
about by schism or mass disaffiliation
e. CBA where identity of the representative is doubtful
f. CBA is registered w/ falsified reporting documents
g. Freedom period (OF COURSE!!!)
h. CBA was renewed, or signed w/in freedom period
i. Referendum to register an independent union
43. EXCEPTION TO CERTIFICATION YEAR BAR
a. When there was no certification election
i. It was validly dismissed/ not granted
b. Failure of election
c. Invalid election
d. Among a group of employees who had not
participated in the 1st election, and had not been
BAR REVIEW NOTES by HARVEY BILANG
given the opportunity to be represented as part of the
unit in the 1st election
e. Unit of employees newly created
f. Radical change in the size of a bargaining unit w/in a
short period of time
g. In case of a unit clarification petition
44. REQUISITES FOR AIDA
a. Both parties manifest that they voluntary submit to
dispute intervention by DOLE Sec
b. No pending notice of strike or lockout (in relation to
their complaint)
c. They manifest that they will refrain from any strike
or lockout while the intervention is in effect
d. They manifest that they shall abide by the agreement
reached, which shall be in writing, signed by the
parties and the official who mediated the dispute.
45. PROCEDURAL REQUISITES FOR STRIKE/LOCKOUT
a. Strike based on valid and factual ground
i. CBA/Economic Strike
ii. ULP/ Political Strike
b. The dispute must not be subject of an assumption of
jurisdiction by the Pres or DOLE Sec
c. Notice of strike/lockout filed with NCMB
d. Cooling off-period
i. Economic strike 30 days
ii. Political Strike 15 days (except union
busting, in which cooling off period need not
be observed)
e. Notice is served to NCMB at least 24 hours before the
taking of the strike vote/lockout vote
f. Conduct of strike vote/lockout vote by secret ballot
in a meeting duly called for the purpose
g. Strike/lockout vote report submitted to DOLE 7 days
before the conduct of strike (7-day Strike Ban)
 46. 6 FACTORS AFFECTING LEGALITY OF STRIKES
a. Statutory prohibition (bawal gov. employees)
b. Procedural requirements of the law
c. Purpose (must be ULP or Economic)
d. Lawful means and methods
e. Injunction
f. Agreement of the parties
47. PROHIBITED ACTIVITIES
a. Strike/lockout w/o first having bargained
collectively or following the procedural reqs.
b. Strike/lockout conducted despite assumption of
jurisdiction by DOLE Sec or President, or the issue
was certified for compulsory arbitration
c. Force, violence, coercion, obstruction against
peaceful picketing or exercise of right to self-org.
d. Employer using strike-breaker
e. Public official (incl. AFP, PNP) bringing in any
person who seeks to replace the strikers
f. Picketing/striking employees themselves employing
violence or obstructing free egress/ingress or public
thoroughfares.
48. WHEN SEPARATION PAY IN LIEU OF
REINSTATEMENT MAY BE GIVEN
a. When reinstatement is ordered, but is not feasible
b. In cases of legal termination due to authorized causes
c. Financial assistance (social justice)
d. Granted by CBA or company policy
49. WHEN EMPLOYEE DEEMED REGULAR (EITHER/OR)
a. Has been engaged to perform activities which are
necessary & desirable in the business of the employer
b. Has rendered at least 1 year of service, w/ respect to
the service which he is employed
c. Allowed to work after the probationary period
BAR REVIEW NOTES by HARVEY BILANG
50. REQUIREMENTS TO REMAIN PROJECT EMPLOYEES
a. Specific project thereof stated in the contract
b. Estimated date of completion, likewise stated
c. Employees must have been dismissed every after
completion of his project or phase
i. Gaps must be shown in his length of service
d. There must be a report to DOLE of his dismissal due
to the completion of the contract
51. COVERED BY MANAGEMENT PREROGATIVES
a. Hiring, and work assignments
i. Non-renewal of contracts is a management
prerogative (2015 case)
b. Working methods, time, place, and manner of work
c. Tools to be used, and processes to be followed
d. Supervision of workers, working regulations
e. Transfer of employees
i. One office/area to another w/o diminution of
benefits, and in good faith
f. Layoff, discipline, dismissal, and recall of workers
52. JUST CAUSES
a. Serious misconduct
i. Misconduct must be serious
ii. Must relate to performance of his duties
iii. Must show that the employee has become
unfit to continue working for the employer
iv. Performed with wrongful intent
b. Willful disobedience or insubordination
i. Employees assailed conduct is intentional,
willfulness being characterized by wrongful,
and perverse attitude
ii. Order violated must have been
Reasonable and lawful
Made known to the employee
In connection with his duties
c. Gross and habitual neglect of duties
 i. Either habitual tardiness and absenteeism, or
abandonment of work
ii. Must be both gross AND habitual, except in
certain cases where its so gross, it need not be
habitual (like yung may namatay na bata)
d. Fraud
i. Fraud is committed against the employer
ii. In connection with employees work
e. Willful breach of trust
i. Holds a position of trust and confidence
ii. Act justifying loss of trust and confidence. It
must be real, not false or imaginary
iii. Breach of trust must be willful
iv. Act must be in relation to his work
NOTE: Position of trust and confidence is either
managerial, or regularly handles significant
amounts of money or property of the employer
f. Commission of a crime or offense
i. Any offense against the person of the
employer or
any of his immediate family or
his duly authorized representative
ii. Offense in relation to his work
iii. Criminal conviction is NOT necessary
g. Analogous cases (due to voluntary and/or willful act
or omission of the employee
i. Gross inefficiency
ii. Drunkenness
iii. Theft of property of co-employee
h. Other just causes in other parts of labor code
i. Union officers who knowingly participate in
an illegal strike
ii. Any employee who knowingly commits
illegal acts during a strike
iii. Striker who violate orders and/or injunctions
issued by DOLE Sec or NLRC
iv. Violation of union security clause
i. Doctrine of incompatibility
BAR REVIEW NOTES by HARVEY BILANG
53. AUTHORIZED CAUSES
a. Installation of labor-saving devices (automation)
b. Redundancy / Reorganization of office
c. Retrenchment
i. Losses expected are substantial, not merely de
minimis in extent
ii. Apprehended substantial losses are
reasonably imminent, can be perceived
objectively and in good faith by the employer
iii. Retrenchment is reasonably necessary to
prevent the expected losses
iv. Expected or actual losses must be proved by
sufficient and convincing evidence
d. Closure or Cessation of Operation of (whole or part of
an) Establishment or Undertaking (3 Scenarios)
i. Due to business losses no separation pay
ii. Not due to business losses separation pay
iii. Due to government order no separation pay
e. Disease
i. Employee is suffering from disease
ii. His continued employment is either
Prohibited by law
Prejudicial to his health
Prejudicial to his co-employees health
iii. Certification by competent public health
authority that the disease is of such nature
and stage that it cannot be cured w/in 6
months even w/ proper medical treatment.
iv. Requirements c & d below are complied with
54. COMMON REQUISITES FOR A-D (authorized causes)
a. Made in good faith
b. Termination a matter of last resort
c. Written notices to the employee and DOLE
d. Separation pay was paid, when required
e. Fair and reasonable criteria in ascertaining what
positions are to be affected by the termination
 55. DUE PROCESS IN TERMINATION i. 15 days + 5 days SIL + 1/12 of 13th month pay
*only applies when the employee enjoys security of tenure ii. If the employer was not entitled to SIL
For Just Causes and/or 13th month pay, then adjust
accordingly. So pwedeng 20 days worth lang or
First notice Opportunity
Second notice 17.5 days worth lang.
to be sent to be heard
stating that b. Not required to comply with Retirement law
to the (at least 5 i. Government
considering the
employee days) (by ii. Employers of Kasambahays
stating the circumstances,
counsel, if iii. Employers regularly employing at most 10
termination is
ground for he so workers only
justified.
termination desires) c. Who can retire
i. Between 60 to 65 optional, but must have
For Authorized Causes Just give notice to the employee served for 5 years w/ the same employer
AND to the DOLE Regional office, at least 30 days prior to ii. 65 compulsory
the effective date of termination.
59. BOOK SEVEN
56. AMOUNT OF SEPARATION PAY (Authorized causes only) a. Penalties
Cause Amount i. Fine of 1,000 10,000
Labor-saving devices; 1 month salary, or month salary per ii. Imprisonment of 3 months to 3 years
redunancy year of service, whichever is higher iii. Or both, at the discretion of the court
Retrenchment; Closure 1 month salary, or month salary per b. Prescription
not due to losses; disease year of service, whichever is higher i. Money claims 3 yrs from accrual of cause of
Closure due to losses, or No separation pay action
due to act of government But reinstatement, claims for
NOTE: A fraction of 6 months is considered 1 year of service backwages, and damages due to
illegal dismissal prescribe in 4 years
57. JUST CAUSES FOR TERMINATION BY EMPLOYEE ii. Offenses shall prescribe in 3 years
a. Serious insult by the employer (or his representative) iii. Except ULP w/c shall prescribe in 1 year
on the honor or the person of the employee
b. Inhuman and unbearable treatment 60. CONVERSION OF A NOTICE OF STRIKE INTO A
c. Commission of a crime or offense by the employer PREVENTIVE MEDIATION CASE BY THE NCMB
against the person of the employee or any of his a. Issues raised in the notice of strike are not strikeable
immediate family members in character
d. Analogous causes b. The party which filed the notice of strike voluntarily
asks for the conversion
58. RETIREMENT c. When both parties mutually agree to have it
a. If there are no CBA providing better benefits, the subjected to preventive mediation proceeding
retirement pay shall include 22.5 days worth of
salary for every year of service
BAR REVIEW NOTES by HARVEY BILANG
 61. JURISDICTION
a. Labor Arbiters (LA)
i. ULP cases
ii. Termination disputes (Illegal dismissal) basta may prayer
for reinstatement
iii. Money claims exceeding 5,000
iv. Claims for damages arising out of E-E-Rel
v. Cases involving strikes and lockouts, particularly the
legality or illegality thereof.
But filing of a notice of strike is with the NCMB
vi. Wage distortion in unorganized establishments not
voluntarily settled by the parties
In organized establishments, VA has jurisdiction
vii. Under Sec. 128(b) on visitorial power, when the employer
contests the findings of the officer and raises issues
supported by documentary proofs which were not
considered during inspection
viii. Enforcement or nullification of compromise agreements
when there is non-compliance by any of the parties
ix. Issuance of writ of execution of decisions of VAs in case
of their absence or incapacity
x. Money claims of OFWs arising from E-E-Rel
xi. Counterclaims of employer
b. NLRC en Banc
i. Promulgate rules and regulation governing the hearing
and disposition of cases before any of its divisions
ii. Formulate policies affecting its administration and
operations
iii. IT HAS NO ADJUDICATORY POWERS
c. NLRC Division
i. Exclusive original
Petition for injunction in ordinary labor disputes
Petition for injunction in strikes and lockouts
Certified cases by the DOLE Sec, in an industry
indispensable to national interest
BAR REVIEW NOTES by HARVEY BILANG
Extraordinary remedy (certiorari jurisdiction)
ii. Exclusive Appellate
All cases decided by LAs
Cases decided by the Regional Director involving
money claims not exceeding 5000
Contempt cases decided by LAs
d. Med-Arb
i. Inter-union disputes, such as
Validity of certification election, consent, run-off,
re-run election
Such other disputes involving rights to self-org.,
union membership, and collective bargaining
between and among LLOs
ii. Intra-union disputes, such as disputes involving
Election of union officers
Validity of union affiliation/disaffiliation
Validity of acceptance for union membership
Opposition to application for union registration
or CBA registration
Violations or disagreements over Consti/By-laws
Disagreements over chartering or registration of
labor orgs or registration of CBA
Violation of rights, and conditions of membership
in a union
Violation of LLOs rights, exc. interpretation of CBA
Validity of impeachment/expulsion/suspension
or any disciplinary action meted against any
officer and member.
iii. Other related labor disputes, such as:
Conflict between a union and the employer
Conflict between a union and a group that is not
a labor organization
Conflict between a union and an individual who
is not a member of such union
Cancellation of registration of unions filed by
individuals other than its members, or group that
is not a labor organization
 Petition for interpleader involving labor relations
NOTE: Inter-union disputes are appealable to DOLE Sec,
while intra-union, and other labor related disputes are
appealable to the BLR Director
e. Regional Director
i. Petition for registration of independent unions, local
chapters, and workers associations, and cancellation thereof
ii. Petitions for deregistration of CBAs
iii. Request for examination of books of accounts of
independent unions, local chapters, and workers associations
i, ii, iii are appealable to BLR Director
iv. Money claims arising from labor standards violations in the
amount not exceeding 5000, and not accompanied by a
claim for reinstatement (129)
Appealable to NLRC
v. Labor standards enforcement cases (visitorial and
enforcement powers under 128)
Except in cases where the employer contests the
findings of the labor officers, AND raises issues
supported by documentary proofs which were
not considered in the course of the inspection
LA has jurisdiction kasi
Appealable to DOLE Sec
vi. Occupational safety and health violations
Appealable to DOLE Sec
vii. Complaints against PRPAs (local employment)
Appealable to DOLE Sec
viii. Cases submitted to them for voluntary arbitration in their
capacity as ex-officio VAs. (appealabe to CA Rule 43)
All grievances arising from the interpretation or
implementation of CBA, OR company personnel
policies which remain unresolved after
exhaustion of the grievance procedure
YUNG AIDA BESH
Any issue, agreed to be submitted by the parties
BAR REVIEW NOTES by HARVEY BILANG
f. BLR Director
i. Original (appealable to DOLE SEC)
Complaint and petitions involving the
registration and cancellation of registration of
federations, national unions, industry unions, trade
union centers and their local chapters, affiliates,
and member organizations.
Request for examination of books of accounts of
the above organizations
Intra-union disputes involving the above orgs.
Contempt cases
ii. Appellate (appealable na to CA, Rule 65)
Decisions of Med-Arb in intra-union disputes,
and other related labor relations disputes
Decisions of Regional Directors in their exercise
of original jurisdiction
iii. Administrative jurisdiction (concurrent with the Labor
Relations Division of the DOLE Regional Offices)
Registration of labor unions
Keeping of registry of labor unions
Maintenance and custody of files of CBAs and
other related agreements
Records of settlement of labor disputes
Copies of orders/decisions of Vas
g. DOLE Sec
i. Original
Power to suspend effects of termination
Assumption of jurisdiction
Voluntary arbitration powers
ii. Appellate
Decisions of Med-Arb regarding inter-union
disputes, in particular, certification election cases
Decisions of the BLR Director in the exercise of
his original jurisdiction
Decisions of the Regional Director in
o Its exercise of visitorial /enforcement powers
o Occupational safety and health violations
 o Complaints against PRPA
Decisions of the POEA in
o Administrative cases over recruitment
agencies or entities
o Disciplinary action cases which are
administrative in character involving parties
in a recruitment arrangement including the
workers themselves.

h. NCMB
i. Filing of a notice of strike or lockout

i. Voluntary Arbitrators (VAs)

i. Grievances, which are not settled w/in 7 calendar days
from their submission for resolution, such as
Unresolved grievance arising from interpretation
or implementation of CBA, or company
personnel policies, or Productivity Incentive
Programs
Violation of CBA which is not gross in character
Other labor disputes, kahit pa ULP!, upon
agreement of the parties
Wage distortion in organized establishments
Certified cases, or assumed jurisdiction of the
NLRC/DOLE Sec,pero nag agree yung parties
kahit pa in the middle na ng assumption.

j. RTC
i. Claims arising from breach of non-compete clauses
ii. Claims for payment of cash advances, car, appliance, and
other loans of employees
iii. Intra-Corporate controversies
iv. Constitutionality of CBA provision

BAR REVIEW NOTES by HARVEY BILANG