Dichoso |0

Labor Law
Things necessary to be put in your head
Constitutional Provision .......................................................................................................................... 1
Simple vs. Qualified Illegal Recruitment................................................................................................... 1
Employer-Employee Relationship: Two-Tiered Test ............................................................................. 2
Book III, Conditions of Employment ........................................................................................................ 2
Exclusions from Standards of Working Conditions & Rest Periods ....................................................... 2
Facilities vs. Supplements .................................................................................................................... 2
Premium Pay Summary ....................................................................................................................... 2
List of Holidays .................................................................................................................................... 3
Leaves ................................................................................................................................................. 3
Anti-Sexual Harassment Act (RA 7877)................................................................................................. 4
Apprenticeship vs. Learnership ............................................................................................................ 4
Labor-Only Contracting........................................................................................................................ 5
SSS, GSIS, and ECSIF................................................................................................................................. 5
Theory of Increased Risk ...................................................................................................................... 6
Going to/Coming from Work Rule (ECC Resolution No. 3914-A [1988]) ............................................. 6
Direct Premises Rule ............................................................................................................................ 6
Limited Portability Law (RA 7699) ............................................................................................................ 7
Termination of Employment .................................................................................................................... 7
Quitclaim - requisites .............................................................................................................................. 8
Constructive Dismissal ............................................................................................................................. 8
Employees Not Covered by the Retirement Law ...................................................................................... 8
Test of supervisory or managerial status (for LabRel) ........................................................................ 8
General Factors in the Determination of the Bargaining Unit ................................................................... 8
CBA Durations ......................................................................................................................................... 8
Bars to Certification Election ................................................................................................................... 9
Elections to Determine the bargaining Agent........................................................................................... 9
Labor Injunction, Requisites (Art 218(e)).................................................................................................. 9
Unfair Labor Practice ............................................................................................................................. 10
Requisites of a Valid Strike/Lock-out (Art. 263) ...................................................................................... 10
Prescriptive Periods ............................................................................................................................... 12
Jurisdiction ............................................................................................................................................ 13

Dichoso |1

Labor Law
Things necessary to be put in your head

CONSTITUTIONAL PROVISION
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.

SIMPLE VS. QUALIFIED ILLEGAL RECRUITMENT

Type of illegal
Recruitment

Simple

Economic Sabotage

As to the number of
persons committing

3 or more conspiring and confederating together Syndicate

As to the number of
victims

2 or more

3 or more persons individually or as group In large scale

Essential Elements

a. Offender is engaged in the recruitment and placement of workers.

b. Offender undertakes any of the recruitment defined under Article 13b or commits any of
the prohibited practices enumerated under Article 34 of the Labor Code.

Venue

a. RTC of the province or city

where the offense was
committed.

b. RTC where the offended party

actually resides at the time of the commission of the
offense: The RTC that first acquired jurisdiction excludes
other courts. (Exclusionary Rule)

Prescription

5 years

20 years

Penalty

Imprisonment:
Prision Mayor
Fine:
200K-500K

Imprisonment:
Life imprisonment
Fine:
500K-1M

Dichoso |2

EMPLOYER-EMPLOYEE RELATIONSHIP: TWO-TIERED TEST

1. Employers power to control the employee with respect to the means and methods by which the
work is to be accomplished. [same as control test in the 4-fold test]

2. Economic Dependency Test The economic dependence of the worker on his employer based
on the underlying economic realities of the activity or relationship (Francisco vs. NLRC, Kasei Corp.,
etc., GR No. 170087, August 31, 2006)

Jeepney and bus drivers and conductors are regular employees.

Taxicab drivers are employees but are considered field personnel.

BOOK III, CONDITIONS OF EMPLOYMENT

EXCLUSIONS

FROM STANDARDS OF WORKING CONDITIONS & REST PERIODS

Gen Rule: It applies to ALL employees in all establishments and undertakings whether for profit or not.
xpn: [FaFa Ga MaDaRa remove all as]
1. Government Employees
2. Managerial Employees (includes supervisors)
3. Field Personnel
4. Members of the Family of the employer who are dependent upon him for support
5. Domestic Helpers/Persons Rendering Personal Services
6. Workers Paid by Results

FACILITIES VS. SUPPLEMENTS

Facilities
Items of expense necessary
for the laborers and his
familys
existence
and
subsistence.

Supplements
Extra remuneration, special privileges or
benefits given to or received by the laborers
over and above their ordinary earnings or
wages.

Part of the wage.

Deductible from the wage.

Independent of the wage.

Not wage deductible. (state Marine Corp.
and Royal Line, Inc., vs. Cebu Seamens
Assn., Inc., G.R. L-12444, Feb. 28, 1963)

IRR, Rule 4, Sec. 4

IRR, Rule 4, Sec. 5

Art. 87

Alone
+ 25% (Art. 87)
+ 30% (Art. 93(2))
+ 10% (Art. 86)
+ 100% (Art. 94)
+ 30% (Art. 93(2))
+ 30% (Art. 83)

Art. 93(c)

RW = regular wage
Overtime
Rest day
Night differential
Regular holiday
Special day
6th day (health p.)
+ multiplier

Art. 87

PREMIUM PAY SUMMARY

1

1.69

1.5 1.69

2

3

2.6

Sample Situations
5
6
7





9

10

11






2.6 1.38 3.72 2.15 won't happen 1.43 1.43 1.43 1.69

** Double Holiday (ex: Maundy Thursday and Araw ng Kagitingan): 400% of the basic wage

2.6 3.38

Dichoso |3

NOTES:
If there are 2 succeeding holidays, ex: Maundy Thursday and Good Friday, the EE must be
present on the day before the scheduled regular holiday to be entitled to compensation to both;
otherwise, he must work on the first holiday to be entitled to holiday pay on the second regular
holiday.
If the holiday is preceded by the rest day, the employee must work on the day before the
workday to be entitled to the holiday pay. Otherwise, he is not entitled to the holiday pay.

LIST OF HOLIDAYS
Regular Holidays
New Years Day
Maundy Thursday
Good Friday
Araw ng Kagitingan
Labor Day
Independence Day
National Heroes Day
Bonifacio Day
Christmas Day
Rizal Day
Ramadan/ Eidl Fitr (RA 9177)

January 1
Movable Date
Movable Date
April 9
May 1
June 12
Last Monday of August
November 30
December 25
December 30
Movable Date

Special Holidays
All Saints Day
Last day of the year

November 1
December 31

A part-time professor is NOT entitled to a regular holiday pay; however, he is entitled to a special
working holiday pay.

LEAVES
1. Service Incentive Leave
Five (5) days leave with pay for every employee who has rendered
at least 1 year of service
2. Paternity Leave
seven (7) days. Req: (1) legally married and cohabiting with woman.
(2) only for the first 4 deliveries of legitimate spouse
(3) notification to ER of pregnancy & expected date of
delivery
3. Solo parent Leave/Parental Leave
seven (7) days per year. (R.A. 8972) A solo parent is:

a. A woman who gives birth as a result of rape and other crimes against chastity even without
a final conviction of the offender: Provided, That the mother keeps and raises the child;
b-e: Parent left solo or alone with the responsibility of parenthood
 due to death of spouse;
 while the spouse is detained / serving sentence for a criminal conviction for at least 1 yr
 due to physical and/or mental incapacity of spouse as certified by a public medical
practitioner;
 due to legal separation or de facto separation from spouse for at least one (1) year, as
long as he/she is entrusted with the custody of the children;
 due to declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children;

Dichoso |4
 due to abandonment of spouse for at least one (1) year;
f. Unmarried mother/father who has preferred to keep and rear her/his child/children instead
of having others care for them or give them up to a welfare institution;
g. Any other person who solely provides parental care and support to a child or children;
h. Any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.
Specifically for women:
4. Battered woman leave
+10 days (R.A. 9262 [VAWC], March 8, 2004)
5. Maternity leave benefit
+60 days (R.A. 1161 [SSS law], sec. 14-A);
+78 days in case of caesarian delivery
 Requirements: (1) childbirth, abortion, or miscarriage; and
(2) she has paid at least 3 monthly contributions
6. Special leave
+2 months following the surgery caused by gynecological disorders (R.A. 9710,
[Magna Carta of Women], Aug 14, 2009, sec 18)

ANTI-SEXUAL HARASSMENT ACT (RA 7877)

Sexual harassment is committed by any person having (requisites): AMI
WET
IHO
1. Authority Influence, or Moral ascendancy over another, in a
2. Work, Education, or Training environment, who demands, requests or otherwise requires any
sexual favor which would result in
3. Intimidating, Hostile, or Offensive relationship

APPRENTICESHIP VS. LEARNERSHIP

Apprenticeship
Duration
Applicability

Practical training for 3 to 6 months.

Employers
commitment

Highly skilled jobs or in highly technical

industries.
Apprentice should be at least 14 years
old.
No commitment to hire the apprentice
after training

Effect of pretermination

the apprentice is not considered a

regular employee.

Necessity of
DOLE Approval

Needs prior approval by DOLE (Nitto

Enterprises vs. NLRC, GR 114337, 09/
29/95).
Exhaustion is a pre-condition for filing
an action

Age

Exhaustion of
Admin Remedy

Learnership
Practical training for not more than 3
months.
Semi-skilled or in industrial occupations.
Learner must be at least 15 years old.
With commitment to hire the learner as
regular employee if he desires to be
employed after training
the learner is considered a regular
employee. Provided: it be after 2 months of
training and the dismissal is not due to the
fault of the learner.
Does not need prior approval but subject to
DOLEs inspection.
Exhaustion is not required

Prior approval by DOLE of the proposed apprenticeship program is a condition sine qua non before
an apprenticeship agreement can be validly entered into (Nitto Enterprises vs. NLRC [1995])

Dichoso |5

There is no ER-EE relationship between students and schools, where there is a written agreement
between them under which the former agree to work for the latter in exchange for the privilege to
study free of charge. (IRR, Book III Rule X, Sec 14)
LABOR-ONLY CONTRACTING

Labor-only contracting = EE + CE1 + CE2

Arrangement is merely to
recruit, supply or place
workers to perform a job,
work, or service for a
principal [End-result test]

The contractor does not exercise the

right of control over the performance of
the work of the contractual employee.
[re: control test in the 4-fold test]
(PAL v. Ligan, G.R. No. 146408)

(1) The contractor or subcontractor does not have substantial

capital1 or investment to actually perform the job, work or
service under its own account and responsibility; and
(2) EEs recruited, supplied or placed by such contractor or
subcontractor are performing activities which are directly
related to the main business of the principal

SSS, GSIS, AND ECSIF

Social Security System (R.A. 1161), Government Service Insurance System (R.A. 8291), and
Employees Compensation and State Insurance Fund (P.D. 626)
SSS
GSIS
ECSIF
1. Compulsory for all
1. Any person
Coverage 1. EEs not over 60 years of age
2.

3.

4.
5.
6.
7.
8.

Exclusions 1.
from 2.
Compulsory
Coverage
3.

4.

Domestic
helpers
whose
monthly income is not less
than P1,000;
Self-employed persons as
determined
by
the
Commission:
Self-employed professionals
Partners & single proprietors;
Actors, & directors;
Professional
athletes,
coaches, trainers, and
Individual
farmers
and
fishermen.
Purely casual employees.
Work performed in an alien
vessel by an employee if he is
employed when such vessel is
outside the Phil.
Employees of the Govt. of the
Phils. or instrument-tality or
agent thereof.
Employees of foreign govt. or
international organizations.

Who pays
Employer and employee
remittances

employees receiving
compensation who
have not reached
compulsory retirement
age irrespective of
employment status

2. Including barangay and

sanggunian officials

1.
2.
3.

4.

AFP
PNP
Contractual who have
no employer-employee
relationship
Members of the
judiciary and the
Constitutional
Commissions life
insurance only

Employer and employee

compulsorily
covered by GSIS or
SSS
2. Any person
employed as casual,
emergency,
temporary, substitute
or contractual
employee

Excluded by both SSS

and GSIS

Employer only

Dichoso |6
SSS
Dispute
Settlement

1.
2.
3.
4.

File claim with SSS

Appeal to Social Security
Commission
Appeal to CA
Appeal to SC

GSIS
1.
2.
3.
4.

File claim with GSIS

Appeal to GSIS Board
Appeal to CA
Appeal to SC

ECSIF
1.
2.
3.
4.

File claim with SSS

and GSIS
Appeal to ECC
Appeal to CA
Appeal to SC

Notes:
Common-law spouse are not included as beneficiaries.
Illegitimate and adopted children are included.
No need to memorize beneficiaries; its almost the same as wills.
Req to be compensable: (ECC Guidelines)
(a) EE must be at the place where his work requires him to be
(b) EE must have been performing his official functions
(c) If injury is sustained elsewhere, EE must have been executing an order for the ER.
 Any harmful change in the human organism from any accident arising out of and in
the course of employment

time, place & circumstances under w/c accident takes place | origin/cause of accident

THEORY OF INCREASED RISK

 To establish compensability, claimant must show proof of reasonable work-connection, not
necessarily direct causal connection.

GOING TO/COMING FROM WORK RULE (ECC RESOLUTION NO. 3914-A [1988])
 Any injury or death of a covered member in an accident while he is going to/or coming from, the
workplace, shall henceforth be duly considered compensable, provided:
(1) The act of EE of going to/coming from the workplace must have been a continuing act, i.e. he
had not been diverted therefrom by any other activity, & he had not departed from his usual
route, to/from his workplace, AND
(2) Regarding an EE on a special errand, the special errand must have been official and in
connection with ihs work.

DIRECT PREMISES RULE

Gen Rule: Accident should have occurred at the place of work to be compensable
xpn:
1. Proximity rule
2. Coming and going rule (see )
3. Acts of ministration (those done by a person for the purpose of satisfying the call of nature)
4. Acts for the benefit of employer
5. Acts during emergency
6. Extra premises rule/shuttle bus rule (company vehicle = extension of ERs premises)
 The ER that provides the means of transportation in going to/coming from the place of work is
liable for the injury sustained by the EEs while on board said means of transportation.
7. Special errand rule
 injury sustained outside company premises is compensable if being out is covered by an office
order, locator slip, or a pass for official business
8. Dual purpose doctrine ( while travelling)

Dichoso |7

9.
10.

11.

12.

 compensable while on a trip undertaken for the benefit of the ER, even if in the course thereof
the EE pursues also a personal purpose (ECC Resolution 99-08-0469)
Special engagement rule (i.e. employer-sponsored activities)
Positional and risks doctrine
 When one in the course of his employment is reasonably required to be at a particular place at a
particular time & there meets an accident, although one w/c any other person there and then
present would have met irrespective of his employment, that accident is one arising out of the
employment of the person so injured. (ex: ship that sank in Murillo vs. Mendoza, G.R. 46020)
Assault
 Compensable where a rational mind is able to trace the injury to a cause set in motion by the
nature of the employment, or some condition, obligation or incident therein, and not by some
other agency. (Iloilo Dock & Engg Co vs. WCC [1968])
Larking or horseplaying, because it is too common in factory life

LIMITED PORTABILITY LAW (RA 7699)

Total Contribution for computation of benefits = SSS contribution + GSIS contribution
Employees contributions from SSS are added to GSIS when s/he changes employment from
private to public and vice-versa; thus, portability.
Limitations:
1. overlapping periods of membership shall be credited only once for purposes of totalization
(sec. 3)
2. amount of benefits to be paid by one System shall be in proportion to the number of
contributions actually remitted to that System. (sec. 7)

TERMINATION OF EMPLOYMENT
Termination by Employer

JUST CAUSE
Grounds 1. Serious misconduct or willful disobedience
2. Gross and habitual neglect of duties
3. Fraud or willful breach of trust
(loss of trust and confidence)
4. Abandonment of employment
5. Pursuant to a union security clause (282)
Procedure Two-notices: (1) notice specifying the grounds
for which dismissal is sought and, after hearing
or opportunity to be heard1, (2) a notice of the
decision to dismiss
Separation
Pay
NOT ENTITLED
Nominal
Damages
1

50,000 (bigger)

No hearing is required when the ground is Abandonment

AUTHORIZED CAUSE
1.
2.
3.
4.
5.

Installation of Labor-Saving Devices

Redundancy
Retrenchment
Closure or Cessation of Business (283)
Sickness of the employee (284)

Two Separate notices: at least one (1)

month before the intended date of
termination, to (1) the DOLE, and (2) to
the employees to be discharged
Ground Amt is whichever is higher of...
# 1, 2
1mo/yr of service OR 1 mo. Pay
#3, 4, 5 mo/yr of service OR 1 mo. Pay
30,000 (smaller)

Dichoso |8

QUITCLAIM - REQUISITES
1. No fraud or deceit on the part of any of the parties;
2. Consideration for the quitclaim is credible and reasonable; and
3. Contract is not contrary to law, public order, public policy, morals or good customs or prejudicial
to third person with a right recognized by law. (Danzas Intercontinental, Inc vs. Daguman, April 15,2005)
4. Quitclaim should be executed voluntarily. (Sime Darby Pilipinas,Inc. vs Arugilla, June 8, 2006)

CONSTRUCTIVE DISMISSAL
 an involuntary resignation resorted to when continued employment is rendered
impossible, unreasonable, or unlikely that it could foreclose any choice by him except to forego
his continued employment. (Unicorn Safety Glass, Inc. vs. Basarte, November 25, 2004)

EMPLOYEES NOT COVERED BY THE RETIREMENT LAW

1. Employees of the National Government and its political subdivisions, including government
owned and/or controlled corporations, if they are covered by the Civil Service Law and its
regulations.
2. Employees of retail, service and agricultural establishments or operations regularly employing
not more than 10 employees as used in this sub-section.

TEST OF SUPERVISORY OR MANAGERIAL STATUS (FOR LABREL)

The test of supervisory or managerial status depends on whether a person possesses
authority to act in the interest of his employer, and whether such authority is not merely routinary or
clerical in nature, but requires the use of independent judgment. (Phil. Alliance Corp vs. Laguesma; 226
SCRA 731 [1993])

GENERAL FACTORS IN THE DETERMINATION OF THE BARGAINING UNIT

1. will of the employees (Globe Doctrine);
2. Affinity and unity of the employees' interest, such as substantial similarity of work and duties, or
similarity of compensation and working conditions (Substantial Mutual Interests Rule);
3. Prior collective bargaining history; and
4. Similarity of employment status (San Miguel Corporation vs. Laguesma, 236 SCRA 595 [1994])

CBA DURATIONS
1. 5 years Term of any CBA that the parties may enter into, insofar as the representation aspect
is concerned.
2. 3 years after the execution of the CBA all other provisions of the CBA shall be renegotiated.
3. 6 months from the date of expiry of the term of such other provisions as fixed in the CBA
agreements entered into within this period shall retroact to the day immediately following such
date.
4. Outside 60 days immediately before the expiry of such five-year term of the CBA:

Dichoso |9
a. No petition questioning the majority status of the incumbent bargaining agent shall be
entertained by the DOLE
b. No certification election shall be conducted by the DOLE
c. Representation case shall not be affected by a CBA when the same is registered before
or during this period.

BARS TO CERTIFICATION ELECTION

1. Certification year/One-year bar Rule no CE within 1 year from the conduct of the last CE.
2. Contract bar rule
Gen Rule: no CE during the effectivity of the CBA.
XPN: a. Freedom period (60 days immediately before the expiry of the CBA)
b. Mass schism/disaffiliation from the union
c. CBA is incomplete or defective (e.g. contains provisions lower than stds fixed by law)
d. CBA is not registered
e. Premature renewal/when CBA was entered into prior to the 60-day freedom period.
f. when documents supporting the CBA registration are falsified, fraudulent or tainted
with misrepresentation
3. Deadlock bar rule no CE when there is a CBing deadlock
4. Negotiation bar rule no CE when the negotiation between bargaining agent an ER is on-going
5. Tobleron bar no CE when Yosef is eating the Tobleron chocolate.

ELECTIONS TO DETERMINE THE BARGAINING AGENT

"Certification Election" or "Consent Election" refers to the process of determining through secret
ballot the sole and exclusive representative of the employees in an appropriate bargaining unit for
purposes of collective bargaining or negotiation. Certification Election is done with the intervention
of the NCMB, and Consent Election through the agreement of the parties.
"Run-off Election" refers to an election between the labor unions receiving the two (2) highest
number of votes in a certification or consent election with three (3) or more choices, where such a
certified or consent results in none of the three (3) or more choices receiving the majority of the
valid votes cast; provided that the total number of votes for all contending unions is at least fifty
percent (50%) of the number of votes cast. (Sec. 1 (h) and (ss), Rule I, Book V, IRR of Labor Code)
Re-run Election is conducted when it is sufficiently proven that the freedom of choice of the
employees in a certification election had been compromised by the employer or the union.

LABOR INJUNCTION, REQUISITES (ART 218(E))

1. That prohibited or unlawful acts have been threatened and will be committed and will be
continued unless restrained
2. That substantial and irreparable injury to complainants property will follow;
3. That as to each item of relief to be granted, greater injury will be inflicted upon complainant by
the denial of relief than will be inflicted upon defendants by the granting of relief;
4. That complainant has no adequate remedy at law; and
5. That the public officers charged with the duty to protect complainants property are unable or
unwilling to furnish adequate protection.

D i c h o s o | 10

UNFAIR LABOR PRACTICE

In General:
Except for Art. 248 (f), all grounds must have something to do with the exercise of the right to
self-organization. Otherwise, it is NOT ULP.
There must be ER-EE relationship to constitute Unfair Labor Practice

BY EMPLOYER (ART. 248 + 6)

1. Interfere, restrain or coerce employees in their
right to self-organization;
2. Require a person not to join a union;
Discourage Unionism (Yellow Dog Contract)
3. Contract out services or functions being
performed by union members
4. Company-Domination of Union
5. Discriminate in terms and conditions of
employment to encourage or discourage
membership in any labor organization
6. Dismiss, discharge or discriminate an
employee for having given or being about to
give testimony under this Code2
7. violate the duty to bargain collectively
[ex: surface bargaining going through the
motions of negotiation...]
8. pay negotiation or attorneys fees to the union
or its officers or agents as part of the
settlement of any issue in collective bargaining
or any other dispute
9. Gross violation of a CBA [248(i)  261]

BY LABOR UNION (ART. 249 + 6)

1.
2.
3.

4.

5.

6.

Restrain or coerce employees in the exercise

of their right to self-organization
Cause or attempt to cause an employer to
discriminate against an employee
Violate the duty or refuse to bargain
collectively with the employer
[ex: Blue-sky bargaining means making
exaggerated or unreasonable proposals.]
Featherbedding - Causing an employer 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
Ask for negotiation or attorneys fees from
employers as part of the settlement of any
issue in collective bargaining or any other
dispute (result is a sweetheart contract)
Gross violation of a CBA [248(i)  261]

REQUISITES OF A VALID STRIKE/LOCK-OUT (ART. 263)

1. It must be based on a valid and factual ground limited ONLY to the ff:
ULP (including union busting) and
Collective bargaining deadlock (CBing deadlock)
2. Notice of Strike or Notice of Lock out, duly served to the NCMB and to the ER/Labor org
3. A notice (to conduct strike/lockout vote) must be served to the NCMB-DOLE at least 24 hours
prior to the taking of strike or lockout vote by secret balloting3
4. Gen Rule: Observance of the cooling-off periods 15 days if ULP, or 30 days if CBing deadlock
XPN: Union busting there is no cooling-off period.
5. 7-day waiting period or strike ban. Conducting a strike or lockout vote and the submission of
the strike/lockout vote report thereof to the NCMB seven (7) days before the intended strike or
lockout

2
3

Only ground that has nothing to do with the right to self-organization

This particular requisite is not found under the Labor Code. It is provided by the NCMB rules, and affirmed by SC.

D i c h o s o | 11
6. A decision to declare a strike/lock-out must be approved by a majority of the total union
membership in the bargaining unit concerned/members of the partnership or board of directors
NOTE: Both the cooling-off period AND 7-day waiting period must be complied with. If the
commencement of the periods overlaps, both periods must be added (i.e. 15+7 or 30+7 days)

D i c h o s o | 12

PRESCRIPTIVE PERIODS
1. All labor claims
GEN Rule: 3 years (includes: purely money claims, Incremental proceeds out of tuition fee hikes,
Employees compensation cases (under Book IV of the Labor Code), Union funds)
XPN:
a. Illegal dismissal
4 years (injury to the right to property, civil code apply [1146])
b. Reinstatement
4 years (follows illegal dismissal [Gallanta vs. Carnation])
2. Criminal Cases
Gen Rule: 3 years
XPN:
a. Simple illegal recruitment
5 years
b. Large scale and syndicated constituting economic sabotage
20 years
c. ULP as a criminal offense
1 year
3. SSS
Gen Rule: 10 years
XPN: non-payment of premiums
20 years
4. GSIS claims
Gen Rule: 4 years
XPN: imprescriptible under R.A. 8291
a. Insurance claim
b. Retirement claim

D i c h o s o | 13

JURISDICTION
C O U R T
Rule 65

NLRC
No MR allowed.
GEN: 10 calendar days
XPN: Indirect contempt
cases (5 caldendar days)

Rule 65

O F

A P P E A L S
Rule 43

Rule 65

Department of Labor & Employment Secretary

w/in 5 calendar (see notes below)
days, on
Bureau of Labor Relations
Small
Money Claims
(A. 129)

LA

CE order
or results
(A. 259)

Med Arbiter
Union registration cases
(cancellation, etc.)

VA

ECC

Rule 65

NWPC

ECC
Claims

POEA

Visitorial &
Enforcement
Powers (128)

Rule 43

NCMB
(Med-Con)

Regional Director (RD) of the Regional Office

Notes:
 BLR to CA: Those decided in the exercise of its appellate jurisdiction,
examination of union accounts, contempt (when acquitted, not appealable)
 BLR to DOLE: Those decided in the exercise of its original jurisdiction (ex:
cancellation of union registration (federation or national union) [Chan, p. 328]
 In the SSS, appeal should be made first to the Social Security Commission
(SSC) before going to the CA.

GRIEVANCE
MACHINERY

SSS/GSIS

RTWPB

Legend:
NLRC National Labor Relations Commission
BLR Bureau of Labor Relations
NCMB National Conciliation Mediation Board
DOLE Department of Labor and Employment
VA Voluntary Arbitrator
LA Labor Arbitrator
MED-CON Mediator-Conciliator
ECC Employees Compensation Commission
NWPC National Wages and Productivity Commn
RTWPB Regional Tripartite Wages and
Productivity Board
SSS Social Security System
GSIS Government Service Insurance System

 Unresolved matters in NCMB are referred (NOT appealed) to:

NCMB for wage distortion issues
Voluntary arbitration where non-strikeable issues are filed in a notice of strike.