Professional Documents
Culture Documents
The principle of co-determination refers to the right of workers to participate in policy and
decision-making processes directly affecting their rights and benefits, without intruding into matters of
management prerogatives.
2.The first innovative measure, on abolition of security of tenure clause in the L:abor Code, is
unconstitutional as it goes against the entitlement of workers to security of tenure under
Section 3, Article XIII of the 1987 Constitution. The second innovation measure, on a law
allowing contractualization in all areas needed in the employer‘s business operations, is legal.
Article 106 of the Labor Code already allows the Secretary of labor and Employment not to
make appropriate distinction between labor-only and job contracting. This means that the
Secretary may decide, through implementing regulation, arrangement 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
place by such person are performing activities which are directly related to the principal
business of the employer. Hence, it would be legal for Congress to do any with the prohibition
on labor-only contracting and allow contractualization in all areas needed in the employer‘s
business operations. Assuming, of course, that contractual workers are guaranteed their
security of tenure.
3. SUGGESTED ANSWER: Yes, termination cases arising in or resulting from the interpretation
and implementation of the collective bargaining agreements, and interpretation and
enforcement of company personnel policies which were initially processed at the various steps
of the plant-level Grievance Procedure under the parties collective bargaining agreements, fall
within the original and exclusive jurisdiction of the voluntary arbitrator pursuant to Article
217 (c) of the Labor Code.
ALTERNATIVE ANSWER: No, the Regional Trial Court has jurisdiction to hear and decide the
prohibitory injunction case filed by Union X against Company C to enjoin the latter from
implementing the memorandum-policy against use of cell phones in the factory. What is at
issue in Union X‘s challenge against the validity and constitutionality of the cell phone ban
being implemented by Company C. the issue, therefore, does not involve the interpretation of
the memorandum-policy, but its intrinsic validity (Haliguefla v. PAL, 602 SCRA 297 [2009]).
4. The defense is not tenable. Children below fifteen (15) years of age shall not be employed
except: (1) when a child works directly under the sole responsibility of his/her family are
employed xxx; or (2) where a child‘s employment or participation in public entertainment or
information through cinema, theater, radio, television or other form of media is essential
xxx.‖ (Section 12, R.A. No. 7610, as amended by R.A. No. 9231).
ALTERNATIVE ANSWER: Yes, Ingga‘s contention is tenable considering Art. 136 of the Labor
Code which prohibits discrimination against married women.
7.SUGGESTED ANSWER: No, it is not legal and valid because MMSI is engaged in labor-only
contracting. For one, the workers supplied by MMSI to Jolli-Mac are performing services which
are directly related to the principal business of Jolli-Mac. This is so because the duties
performed by the workers are integral steps in or aspects of the essential operations of the
principal[la (Baguio, et al. v. NLRC, et al., 202 SCRA 465 [1991]; Kimberly Independent Labor
Union, etc. v. Drillon, 185 SCRA 190 [1990]. For another, MMSI was organized by Jolli-Mac
itself to supply its personnel requirements (San Miguel Corporation v. MAERC Integrated
Services, Inc., et al., 405 SCRA 579 [2003]).
ALTERNATIVE ANSWER: The Service Agreement is valid. The law, Art. 106, does not invalidate
an Independent Contractors Agreement because an Independent Contractor has only one (1)
client, or that the employer of the independent contractor is one of the major owners of the
employing establishment. MMSI, is an independent business, adequately capitalized and
assumed all the responsibilities of a legitimate Independent Contractor.
9. SUGGESTED ANSWER: Yes, even if no departure took place, the contract of employment
has already been perfected which creates certain rights and obligations, the breach of which
may give rise to a cause of action against the erring party: (1) A can file a complaint for
Recruitment Violation for XYZ‘s failure to deploy him within the prescribed period without any
valid reason, a ground for the imposition of administrative sanctions against XYZ under
Section 2, Rule I, Part V of the 2003 POEA Rules of Employment of Seafarers. (2) At the same
time, A can file for illegal recruitment under Section 6(L) of Rep. Act No 8042 (cf: Section 11
Rule I, Part V of the 2003 POEA Rules on Employment of Seafarers). A may file a complaint for
breach of contract, and claim damages therefor before the NLRC, despite absence of employer-
employee relationship. Section 10 of Rep. Act No 8042 conferred jurisdiction on the Labor
Arbiter not only claims arising out of EER, but also by virtue of any law or contract involving
Filipino workers for overseas deployment including claims for actual, moral, exemplary and
other forms of damages. (Santiago v. CF Sharp Crew Management, 527 SCRA 165 [2007]).
10.No, following the ―No work No Pay‖ principle, the supervisors are not entitled to their
money claim for unpaid salaries. They should not be compensated for services skipped during
the strike. The age-old rule governing the relation between labor and capital, or management
and employee of a ―fair day‘s wage for a fair day‘s labor‖ remains as the basic factor in
determining employees‘ wage (Aklan Electric Cooperative, Inc. v. NLRC, G.R. No. 121439,
January 25, 2000).