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policy and decision making processes affecting their rights and benefits

as may be provided by law.

BOOK FIVE
LABOR RELATIONS TITLE III
Title I
Art. 233(227) COMPROMISE AGREEMENT
POLICY AND DEFINITIONS
1. Compromise Agreement
Chapter I  The assistance of the BLR or the regional office of the DOLE
POLICY in the execution of a compromise settlement is generally a
basic requirement; without it there can be no valid
Labor law - The law that defines State policies on labor and compromise settlement.
employment and governs the rights and duties of the employer
(Er) and employees (Ee) with respect to:  The NLRC or any court shall not assume jurisdiction over
1. The terms and conditions of employment; and issues involved therein, except:
2. Labor disputes arising from collective bargaining or other
concerted activity respecting such terms and conditions. 1. In case of noncompliance with the compromise
agreement or
Classification of labor laws
2. If there is a prima facie evidence that the settlement
was obtained through fraud, misrepresentation or
1. Labor Standards – Prescribes the terms and conditions of coercion
employment as affecting wages or monetary benefits, hours of
work, cost of living allowances, and occupational health, safety  Indeed not all quitclaims are per se invalid or against public
and welfare of the workers. It provides economic benefits to the policy, except:
workers who are actually working. e.g. 13th month pay 1. Where there is clear proof that the waiver was
wangled from an unsuspecting or gullible person.
2. Labor Relations – Defines and regulates the status, rights 2. Where the terms of the settlement are
and duties, and the institutional mechanisms, that govern the
unconscionable on their faces (Mindoro Lumber
individual and collective interactions of Ers, Ees or their
and Hardware vs Baay, et al. GR No. 158753, June
representatives. It is concerned with the stabilization of relations
of Ers and Ees and seeks to forestall and adjust the differences 8, 2005)
between them by the encouragement of CB and the settlement of
labor disputes through conciliation, mediation and arbitration. 2. Formal requirements of compromise agreement
e.g. Collective Bargaining Negotiations
 Compromise agreement involving labor standards cases must
3. Social Legislation – Those laws that provide particular be reduced in writing and signed in the presence of the
kinds of protection or benefits to society or segments thereof in Regional Director or his duly authorized representative.
furtherance of social justice . (Atilano vs De la Cruz, GR No. 82488, February 28, 1990)
All laws passed by the State to promote public welfare.
 Special Power of attorney is required before an agent
It includes statutes intended to enhance the welfare of the people
even where there is no Er-Ee relationship. It provides economic including a legal counsel can be authorized to enter into a
benefits to workers who are at work because of the hazards of compromise. (Art. 1878 of Civil Code)
employment. e.g. GSIS Law, SSS Law, Philhealth benefits,
Agrarian Laws. 3. Valid Compromise and Quitclaim
 The waiver of reinstatement, like waivers of money claims
☛ PARTIES TO LABOR RELATIONS must be regarded as a personal right which must be exercised
personally by the workers themselves. “For a waiver thereof
CASES:
to be legally effective, the individual consent or ratification of
1. The employee’s organization,
the workers or employees involved must shown. Neither the
2. management, and
officers nor the majority of the union had any authority to
3. the public
waive the accrued rights pertaining to the dissenting minority
- The public is always to be considered in disputes between labor and
members” General Rubber and Footwear Corporation vs
capital, and it has been held that the rights of the general public are
Drilon 169SCRA 808
paramount.
- Labor relations policy under the LC is embodied in Section 3
 When it comes to individual benefits accruing to members of
Article XIII of the 1987 Constitution which guarantees to all
a union from a favorable final judgment of any court, the
workers their right among others to self organization, collective
members themselves become the real parties in interest and it
bargaining and negotiations, peaceful land concerted activities including
is for them, rather than for the union, to accept or reject
the right to strike in accordance with law, and to participate in
individually the fruits of litigation. Esso Philippines Inc.vs
MME 75 scra 73

 Quitclaims executed by employees may be given effect if the


employer is able to prove the following requisites:

1. The employee executes the deed of quitclaim


voluntarily
2. There is no fraud or deceit on the part of any of the
parties
3. The consideration of the quitclaim is credible and
reasonable and
4. The contract is not contrary to law, public order,
public policy, morals or good customs, or
prejudicial to a third person with a right recognized
by law (Goodrich manufacturing vs Ativo et al. GR
No. 188002, February 1, 2010

6. When to effect compromise agreement


 at any stage of the proceeding whether or not there is already
a final executory judgment.se

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