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LABOR RELATIONS:
Labor Relations -refers to the part of labor law which regulates the relations between employers
and workers.
Labor Relations deals with the following issues as provided in Book V of the Labor Code.
Labor Organizations
Collective Bargaining
Grievance machinery
Voluntary Arbitration
Strikes
Labor Relations dwells on the broad and dynamic relationship between the employer and the
employee, its ramifications and implications insofar as their respective rights and interests are
concerned as well as the modes of settling and adjusting differences and disputes.
Labor Standards is the part of labor law which prescribes the minimum terms and conditions of
employment that the employer is required to grant to its employees.
Kinds of Employees
Managerial Employee – is one who is vested with the powers or prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign
or discipline employees.
Supervisory Employee – is one who, in the interest of the employer, effectively recommends
managerial actions and the exercise of such authority is not merely routinary or clerical but
requires the use of independent judgment.
Rank-and-File Employee – is one who does not fall within any of the above definitions for
purposes of labor relations under Book V of the Labor Code. This term refers to an employee
whose functions are neither managerial nor supervisory in nature.
the general rule is that a person who ceased to work is no longer to be considered as an
employee, as this term is understood in law except;
An employee whose work has ceased as a result of, or in connection with, unfair labor practice
committed by the employer if the said employee has not obtained any other substantially
equivalent and regular employment.
An employee who has been dismissed from work but has contested the legality of the dismissal
in a forum of appropriate jurisdiction at the time of the issuance of the order.
Participation of an employee is a strike, whether staged by reason of unfair labor practice or
economic demands, does not have the effect of depriving him of his status as an employee.
The phrase “substantially equivalent and regular employment” does not refer to the amount of
compensation which such employee receives from his new employer. It refers to his new job
which should be similar to his work at the time of his dismissal. This holds true even if the
employee receives a higher salary in his new employment.
Jurisdiction
The singular basis for the exercise of jurisdiction by labor officials and tribunals is the existence
of labor or industrial disputes. if the dispute is not labor in character, jurisdiction belongs to the
regular courts or to other fora.
Labor and Industrial Disputes includes any controversy or matters concerning terms and
conditions of employment or the association or representation of persons in negotiating, fixing,
maintaining, changing or arranging the terms and conditions of employment, regardless whether
the disputants stand in the proximate relation of employer and employees.