1. What are the policy objectives of our labor relations law?

(a) To promote and emphasize the primacy of free collective bargaining and negotiations,
including voluntary arbitration, mediation and conciliation, as modes of setting labor or
industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of democracy
and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor movement;
(d) To promote the enlightenment of workers concerning their rights and obligations as
union members and as employees;
(e) To provide an adequate administrative machinery for the expeditious settlement of
labor or industrial disputes;
(f) To ensure a stable but dynamic and just industrial peace; and
(g) To ensure the participation of workers in decision and policy-making processes affecting
their rights, duties and welfare. (Art. 211)

2. Employer-employee relationship must exist so that labor relations must exist so

that labor relations law may apply within an enterprise. What factors determine
the existence of such relationship?
a. selection and engagement of the employee
b. payment of wages
c. power to dismiss
d. power to control employees conduct

3. What are considered labor disputes? What are the available remedies?
"Labor dispute" includes any controversy or matter concerning terms or conditions of
employment or the association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment, regardless of whether the
disputants stand in the proximate relation of employer and employee. (Art. 212)

Remedies in labor disputes:

a. grievance procedure in-house adjustment of complaint, problem or dispute following the
steps prescribed in CBA or company policy
b. conciliation a process where a disinterested third party meets with management and labor,
at their request or otherwise, during a labor dispute or in collective bargaining conference
and, by cooling tempers, aids in reaching an agreement
c. mediation a third party studies each side of the dispute then makes proposal for the
disputants to consider
d. enforcement or compliance order an act of the Secretary of Labor in the exercise of his
visitorial or administrative authority to enforce labor laws, policies, plans, or programs, or
rules and regulations
e. certification of bargaining representatives determination of which contending unions shall
represent employees in collective bargaining
f. arbitration the submission of a dispute to an impartial person for the determination on the
basis of evidence and arguments of the parties
g. assumption of jurisdiction an authority vested by law to the Secretary of Labor or President
to decide a dispute causing or likely to cause a strike or lockout in an industry indispensable
to the national interest
h. certification to NLRC an action of the Secretary of Labor empowering NLRC to compulsorily
arbitrate a dispute causing or likely to cause a strike or lockout in an industry indispensable
to the national interest
i. injunction an extraordinary remedy which is not favored in labor law. A writ of injunction is
issued to stop or restrain an actual or threatened commission of prohibited or unlawful acts
or to require the performance of an act, which if not restrained or performed forthwith, may
cause grave or irreparable damage to any party or render ineffectual any decision in favor of
such party.
j. judicial action complaint filed with regular court in cases falling under its jurisdiction
k. appeal the process by which an order, decision, or award is elevated to a higher authority,
on specified grounds, so that the order, decision or award may be modified or set aside and a
new one issued
l. review by court
m. compromise agreement in any stage of any these settlement processes, the labor dispute
may be resolved by the parties through a compromise agreement, provided that the
agreement is freely entered into and is not contrary to law, moral, or public policy



1. What is the NLRC?

The National Labor Relations Commission is an attached agency to the DOLE
composed of the Chairman and twenty-three members, which shall be chosen from the
workers, employers, and public sectors (tripartite composition). The NLRC shall have 8
divisions. Each division shall have 3 members. The NLRC shall have, primarily,
adjudicatory powers - it decides all labor cases falling within its jurisdiction.

2. Is the NLRC independent of the Department of Labor and Employment?

No, the NLRC is attached to the DOLE for program and policy coordination only.

3. How is the NLRCs adjudicatory power distributed?

The NLRC shall exercise its adjudicatory and all other powers, functions, and duties
through its 8 divisions. The commission shall sit en banc on the following:
for purposes of promulgating rules and regulations governing the hearing and
disposition of cases before any of its divisions and regional branches and
formulating policies affecting its administration and operations
an en banc decision is required so that a case within the jurisdiction of one
division may be heard and decided by another decision whose docket can
accommodate the additional workload
a recommendation by the Commission en banc is needed for the appointment of
a Labor Arbiter



1. What is a RAB?
2. What cases fall within the jurisdiction of a Labor Arbiter?
a. Unfair labor practice cases;
b. Termination disputes;
 c. If accompanied with a claim for reinstatement, those cases that workers may file
involving wages, rate of pay, hours of work and other terms and conditions of
employment;
d. Claims for actual, moral, exemplary and other forms of damages arising from the
employer-employee relations;
e. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; and
f. Except claims for employees compensation, social security, medicare and maternity
benefits, all other claims arising from employer-employee relations, including those
of persons in domestic or household service, involving an amount exceeding five
thousand pesos (P5,000.00), whether or not accompanied with a claim for
reinstatement.

3. What are corporate disputes? Who has jurisdiction over them?

Corporate disputes are:
a. controversies arising out of intra-corporate or partnership relations, between
and among stockholders, members, or associates; between any or all of them
and the corporation, partnership or associates of which they are stockholders,
members or associates, respectively; between such corporation, partnership or
association and the state insofar as it concerns their individual franchise or right
to exist as such entity;
b. controversies in the election or appointments of directors, trustees, officers or
managers of such corporations, partnerships or associations.
The regular courts (RTC) has jurisdiction over these disputes.

4. Where is the venue of compulsory arbitration cases?


1. What are the powers of the NLRC?
a. Rule-Making Power
The Commission has the power to promulgate rules and regulations:
i. governing the hearing and disposition of cases before it and its regional
branches;
ii. pertaining to its internal functions; and
iii. those that may be necessary to carry out the purposes of the Code
b. Power to Issue Compulsory Processes
i. administer oaths;
ii. summon parties; and
iii. issue subpoenas ad testificandum and duces tecum
c. Power to Investigate and Hear Disputes Within Its Jurisdiction
i. conduct investigations for the determination of a question, matter or
controversy within its jurisdiction; and
ii. proceed to hear and determine the disputes in the manner laid down
under paragraph (c) of Art. 218
 d. Contempt Power
>power to hold any person in direct or indirect contempt.
e. Power to Conduct Ocular Inspection
Under Art. 219, the chairman, any commissioner, labor arbiter or their duly
authorized representatives may, at anytime during working hours:
i. conduct an ocular inspection on any establishment, building, ship or
vessel, place or premises, including any work, material, implement,
machinery, appliance or any object therein;
ii. ask any employee, laborer or any person, as the case may be, for any
information or data concerning any matter or question relative to the
objective of the investigation
f. Adjudicatory Power
i. original jurisdiction
 petitions for injunction or temporary restraining order under Art.
218(e)
 to hear and decide National Interest cases certified to it by the
Secretary of Labor
ii. appellate jurisdiction
 over all cases decided by the labor arbiters (Art. 217[b]) and DOLE
regional director or hearing officers under Art. 219
g. Power to Issue Injunction or Temporary Restraining Order

2. Injunction is frowned upon in labor disputes. What are the pre-conditions before
an injunctive writ may be issued?
As a rule, restraining orders or injunctions do not issue ex parte and only after
compliance with the following requisites:
a. a hearing held after due and personal notice thereof has been served, in such
manner as the Commission shall direct, to all known persons against whom
relief is sought, and also to the Chief Executive and other public officials of the
province or city within which the unlawful acts have been threatened or
committed charged with the duty to protect complainants property;
b. reception at the hearing of testimony witnesses, with opportunity for cross-
examination, in support of the allegations of a complaint made under oath, as
well as testimony in opposition thereto, if offered;
c. a finding of fact by the Commission to the effect:
(1) that prohibited or unlawful acts have been threatened and will be committed
and will be continued unless restrained, but no injunction or TRO shall be
issued on account of any threat, prohibited or unlawful act, threat or
committing the prohibited or unlawful act or actually authorizing or
ratifying the same after actual knowledge thereof;
(2) that substantial and irreparable injury to complainants property will follow;
(3) that as to each item or 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;
(5) that the public officers charged with the duty to protect complainants
property are unable or unwilling to furnish adequate protection.



1. Technical rules are not strictly followed in proceedings before the NLRC and
Labor Arbiter. How is the rule reconciled with the requirement of procedural
due process?
Simplification of procedure, without regard to technicalities of law or procedure and
without sacrificing the fundamental requisites of due process is mandated to insure
speedy administration of labor cases. Hence, the following cardinal primary rights
must be respected even in such proceedings:
a. right to a hearing;
b. tribunal must consider the evidence presented;
c. decision must be supported by something;
d. supporting evidence must be substantial;
e. decision must be rendered on the evidence presented or at least contained in
the record and disclosed to the parties affected;
f. the body or any of its judges must act on his own independent consideration
of the law and facts, and not simply accept the views of the subordinate in
arriving at a decision; and
g. decide in such manner that parties can know the various issues involved and
the reason for the decision.

2. How are compulsory arbitration cases heard and decided?



1. A labor arbiters decision is appealable to the NLRC and up to the CA/SC. On what
grounds? When?
Art. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are final and executory unless
appealed to the Commission by any or both parties within ten (10) calendar days from receipt of
such decisions, awards, or orders. Such appeal may be entertained only on any of the following
grounds:
(a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
(b) If the decision, order or award was secured through fraud or coercion, including graft
and corruption;
(c) If made purely on questions of law; and
(d) If serious errors in the findings of facts are raised which would cause grave or
irreparable damage or injury to the appellant.

2. At each level of appeal what are the requisites? Is a motion for reconsideration a
requisite?
The appeal shall be:
a. filed within the reglementary period
b. verified by the appellant himself
c. in the form of a memorandum of appeal which shall state the grounds relied upon
and the arguments in support thereof, the relief prayed for, and with a statement of
the date the appellant received the appealed decision, resolution or order
d. in three (3) legibly typewritten or printed copies
e. accompanied by: i) proof of payment of the required appeal fee; ii) posting of a cash
or surety bond; iii) a certificate of non-forum shopping; and iv) proof of service upon
the other parties
No motion for reconsideration needed be filed; in fact the NLRC Rules of 2005 does
not allow a motion for reconsideration of a labor arbiters decision.

3. What are the limits to NLRCs appellate jurisdiction?

4. How is the final decision of the Labor Arbiter (or the NLRC, etc.) executed?
Under Art. 224, a writ of execution may be issued by the following officials for the final
decisions, orders or awards by promulgated by them:
a. Secretary of Labor and d. any Labor Arbiter
Employment e. any Med-Arbiter
b. any Regional Director f. the Voluntary Arbiter
c. the Commission g. the Panel of Arbitrators
The writ of execution on a judgment may be issued motu proprio or on motion of
any interested party within five (5) years from the date it becomes final and executory.
Execution is done through the regular or special sheriff. But alternatively, the Secretary,
the Commission, any Labor Arbiter, the Regional Director or the Director of Bureau of
Labor Relations in appropriate cases may deputize the Philippine National Police or any
law enforcing agencies in the enforcement of final awards, orders or decisions.

5. May a regional trial court issue an injunction against an NLRC decision?

A regular court has no jurisdiction to hear and decide questions which arise and are
incidental to the enforcement of decisions, orders or awards rendered in labor cases by
appropriate officers and tribunals of the DOLE. As a general rule, the RTC cannot issue
an injunction against the NLRC. However, the Court ruled in the Yupangco case that the
RTC where the reinvindicatory action is filed can issue an injunction or TRO against the
execution ordered by a labor arbiter or the NLRC.


1. What kinds of cases fall within BLRs jurisdiction?
The BLR handles inter and intra-union disputes. It no longer handles all labor-
management disputes; rather, its functions and jurisdiction are largely confined to union
matters, collective bargaining registry, and labor education.

2. May a labor standards violation be settled by compromise? How is this done?

Yes, a labor standards violation may be settled by compromise. A fundamental policy
of Philippine labor laws is to allow the parties to find solutions to their own disputes.
Compromise agreements involving labor standard cases must be reduced to writing and
signed in the presence of the Regional Director or his duly authorized representative.

3. May such compromise be valid if the agreement sets terms lower than the
statutory standards?
 Yes, a compromise agreement may still be valid even if it sets terms lower than the
statutory standards. If the agreement was voluntarily entered into and represents a
reasonable settlement, it is binding on the parties. It is only where there is clear proof
that the waiver was obtained through fraud, misrepresentation, or coercion, or the
terms of the settlement are unquestionable on its face.

4. Where, when, and how is a CBA registered?

Within thirty (30) days from the execution of a collective bargaining agreement, the parties
shall submit copies of the same directly to the Bureau or the Regional Offices of the Department
of Labor and Employment for registration accompanied with verified proofs of its posting in two
conspicuous places in the place of work and ratification by the majority of all the workers in the
bargaining unit. The Bureau or Regional Offices shall act upon the application for registration of
such collective bargaining agreement within five (5) calendar days from receipt thereof. The
Regional Offices shall furnish the Bureau with a copy of the collective bargaining agreement
within five (5) days from its submission.



1. What are the requirements for organizing and registering a union?

Art. 234. Requirements of registration. Any applicant labor organization, association or group of
unions or workers shall acquire legal personality and shall be entitled to the rights and privileges
granted by law to legitimate labor organizations upon issuance of the certificate of registration
based on the following requirements:
(a) Fifty-pesos (P50.00) registration fee;
(b) The names of its officers, their addresses, the principal address of the labor organization, the
minutes of the organizational meetings and the list of the workers who participated in such
meetings;
(c) The names of all its members comprising at least twenty 20% percent of all the employees in
the bargaining unit where it seeks to operate.
(d) If the applicant has been in existence for one or more years, copies of its annual financial
reports; and
(e) Four copies of the constitution and by-laws of the applicant union, the minutes of its adoption
or ratification and the list of the members who participated in it.
Art. 237. Additional requirements for federations or national unions. Subject to Article 238 if the
applicant for registration is a federation or a national union, it shall, in addition to the
requirements of the preceding Articles, submit the following:
(a) Proof of the affiliation of at least ten locals or chapters, each of which must be a duly
recognized collective bargaining agent in the establishment or industry in which it operates,
supporting the registration of such applicant federation or national union;
(b) The names and addresses of the companies where the locals or chapters operate and the
list of all the members in each company involved.

2. What is a collective bargaining unit? How does it differ from a union?

Collective Bargaining Unit refers to a group of employees sharing mutual interests
within a given employer unit, comprised of all or less than all the entire body of
employees in the employer unit or any specific occupational or geographical grouping
within such employment unit. A union refers to any labor organization in the private
sector organized for collective bargaining and for other legitimate purposes.
The CBU is different and bigger than a union. Union members come from the CBU
and there can be several rival unions within a CBU. While officers lead and represent a
union, a union represents a CBU. The representative is the union; the group represented
is the CBU.

3. What is union affiliation and what are its implications? May an affiliate
disaffiliate?
Union affiliation is one wherein an affiliate, an independently registered union
enters into an agreement of affiliation with a federation or national union or wherein a
chartered local which applied for and was granted an independent registration but did
not disaffiliate from its mother federation or mother union. The sole essence of
affiliation is to increase, by collective action, the common bargaining power of local
unions for the effective enhancement and protection of their interests. Yet the local
unions remain the basic units of association free to serve their own interests subject to
the restraints imposed by the constitution and by-laws of the national federation.
Once affiliated, a local union may disaffiliate from the federation. As a general rule, a
labor union may disaffiliate from the mother union to form an independent union only
during the 60-day freedom period immediately preceding the expiration of the CBA.
However, even before the onset of the freedom period, disaffiliation may still be carried
out, but such disaffiliation must be effected by a majority of the union members in the
bargaining unit.

4. How do unions merge or consolidate?

Merger of labor organizations is the process where a labor organization absorbs
another, resulting in the cessation of the absorbed labor organizations existence and
the continued existence of the absorbing labor organization. Consolidation of unions
arising from the unification of two or more unions.

5. On what grounds and upon whose petition may a unions registration be

cancelled?
Art. 239. Grounds for cancellation of union registration. The following shall constitute grounds for
cancellation of union registration:
(a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of
the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification;
(b) Failure to submit the documents mentioned in the preceding paragraph within thirty (30)
days from adoption or ratification of the constitution and by-laws or amendments thereto;
(c) Misrepresentation, false statement or fraud in connection with the election of officers,
minutes of the election of officers and the list of voters, or failure to submit these documents
together with the list of the newly elected/appointed officers and their postal addresses within
thirty (30) days from election;
(d) Failure to submit the annual financial report to the Bureau within thirty (30) days after the
closing of every fiscal year and misrepresentation, false entries or fraud in the preparation of the
financial report itself;
(e) Acting as a labor contractor or engaging in the "cabo" system, or otherwise engaging in any
activity prohibited by law;
(f) Entering into collective bargaining agreements which provide terms and conditions of
employment below minimum standard established by law;
(g) Asking for or accepting attorney's fees or negotiation fees from employers;
(h) Other than for mandatory activities under this Code, checking off special assessments or any
other fees without duly signed individual written authorizations of the members;
(i) Failure to submit a list of individual members to the Bureau once a year or whenever required
by the Bureau; and
(j) Failure to comply with requirements under Articles 237 and 238.
Other grounds:
(a) violation of any of the acts mentioned in article 241, if the petition for
cancellation is supported by at least 30% of the membership
(b) non-compliance with the reportorial requirements specified in Rule 5 of D.O. 40-
03
Any party-in-interest may commence a petition for cancellation of a unions
registration, except in action involving violations of Art. 241, which can only be
commenced by members of the labor organization constituting at least 30% of all the
members.



1. What are the rights of union members?

 Political Right the members right to vote and be voted for, subject to lawful
provisions on qualifications and disqualifications
 Deliberative and decision-making right the members right to participate in
deliberations on major policy questions and decide them by secret ballot
 Rights over money matters the members right against excessive fees; the right
against unauthorized collection of contributions or unauthorized disbursements;
the right to require adequate records of income and expenses and the right to
access to financial records; the right to vote on officers compensation; the right to
vote on proposed special assessment and be deducted a special assessment only
with the members written authorization
 Right to information the members right to be informed about the organizations
constitution and by-laws and the collective bargaining agreement and about labor
laws

2. When, how, and by whom are union officers elected? How may they be
impeached or removed?
The officers of the union are elected directly by the members in secret ballot voting.
The election takes place at intervals of five years which is the term of office of the union
officers including those of a national union, federation, or trade union center. What
positions to fill up, where, and how the election should be done are matters left to the
unions constitution and by-laws or to agreement among the members.

3. May a union member seek the cancellation of his unions registration?

Yes, when such violation directly affects the member.

4. What is check-off? When may it properly be done?

A check-off is a method of deducting from an employees pay at prescribed period,

the amounts due to the union fees, fines or assessments. It must be made through an
individual written authorization duly signed by the employee stating the amount and
purpose and the beneficiary of the deduction.


1. What are the rights of a legitimate labor organization?
Art. 242 Rights of legitimate labor organizations. A legitimate labor organization shall have the
right:

(a) To act as the representative of its members for the purpose of collective bargaining;

(b) To be certified as the exclusive representative of all the employees in an appropriate

collective bargaining unit for purposes of collective bargaining;

(c) To be furnished by the employer, upon written request, with his annual audited financial
statements, including the balance sheet and the profit and loss statement, within thirty (30)
calendar days from the date of receipt of the request, after the union has been duly recognized by
the employer or certified as the sole and exclusive bargaining representative of the employees in
the bargaining unit, or within sixty (60) calendar days before the expiration of the existing
collective bargaining agreement, or during the collective bargaining negotiation.

(d) To own property, real or personal, for the use and benefit of the labor organization and its
members;

(e) To sue and be sued in its registered name; and

(f) To undertake all other activities designed to benefit the organization and its members,
including cooperative, housing welfare and other projects not contrary to law.

2. May a union, as representative, settle by compromise its members money

claims?
Money claims due to laborers cannot be the object of settlement or compromise
effected by a union or counsel without the specific individual consent of each laborer
concerned. The beneficiaries are the individual complainants themselves. The union to
which they belong can only assist them but cannot decide for them.



1. In the private and public sectors , who are the personas allowed and not allowed
to form or join labor organizations?
Art. 243. Coverage and employees' right to self-organization. All persons employed in commercial,
industrial and agricultural enterprises and in religious, charitable, medical or educational
institutions whether operating for profit or not, shall have the right to self-organization and to
form, join or assist labor organizations of their own choosing for purposes of collective
bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural workers
and those without any definite employers may form labor organizations for the purpose of
enhancing and defending their interests and for their mutual aid and protection.

2. What law governs labor relations in the public sector?

Employees of government corporations established under the Corporation Code shall have
the right to organize and to bargain collectively with their respective employers. All other
employees in the civil service shall have the right to form associations for purposes not contrary
to law.

3. May government employees hold protest actions? May they go on strike -

legally?

The highest law of the land guarantees to government employees the right to
organize and to negotiate, but not the right to strike.
4. In the private sector how does a manager differ from a supervisor.

5. Supervisors and rank-and-file employees cannot join the same union. What
happens if they do?

6. Who are considered confidential employees? May they join unions?


7. May a union, as representative, settle by compromise its members money
claims?