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UPDATED
2018 BAR EXAMS
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Professor of Law, Bar Reviewer, Book Author & Legal Practitioner
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REASON:
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[See discussion below].
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NOTE:
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www.chanroblesbar.
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UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE 2018 BAR EXAMS
Prof. Joselito Guianan Chan
CHAN ROBLES ONLINE BAR REVIEW
www.chanroblesbar.com
SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
NOTE:
NOTE:
NOTE:
NOTE:
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NOTE:
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RESIGNATION RETURN-TO-WORK ORDER
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THIS IS THE SECOND OF TWO PROTECTION-TO-LABOR CLAUSES:
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Section 3.
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h right to strike
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They shall also participate in policy and decision-
making processes affecting their rights and benefits as may be
provided by law.
principle of shared responsibility
NOTE:
NOTE:
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Example: e
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Does the grant of the right of participation mean co-management of business or n
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intrusion into management prerogatives?
C
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UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE 2018 BAR EXAMS
Prof. Joselito Guianan Chan
CHAN ROBLES ONLINE BAR REVIEW
www.chanroblesbar.com
SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
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Abbott
Abbott Laboratories
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Is right to counsel mandatory?
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Lopez
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Lopez v. Alturas Group of
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Companies
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Is HEARING before an employee may be dismissed mandatory?
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UPDATED LAST-MINUTE PRE-WEEK NOTES ON LABOR LAW FOR THE 2018 BAR EXAMS
Prof. Joselito Guianan Chan
CHAN ROBLES ONLINE BAR REVIEW
www.chanroblesbar.com
SELLING THIS MATERIAL IS ABSOLUTELY PROHIBITED
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Is Article 1700 of the Civil Code applicable to labor cases?
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Davao Integrated Port Stevedoring Services v. Abarquez, March 19, 1993.
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How is Article 1702 of the Civil Code correlated with Article 4 of the Labor Code?
C
Construction in Favor of Labor.
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R
What
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are the distinctions between Labor Relations and Labor Standards?
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Labor standards law
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C
“Labor relations law”
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R
n
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h
C
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Who may commit illegal recruitment?
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What are illegal recruitment acts that can be committed by No. 1 above (NON-LICENSEE or
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NON-HOLDER OF AUTHORITY)?
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canvassing, enlisting, contracting, transporting, utilizing,
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hiring, or procuring workers and includes referring, contract services, promising or
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advertising for employment abroad, whether for profit or not.
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C
What are acts of illegal recruitment when committed by ANY PERSON, whether a NON-
LICENSEE, NON-HOLDER OF AUTHORITY or even by a LICENSEE or HOLDER OF
AUTHORITY?
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C
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What are the PROHIBITED ACTIVITIES in connection with recruitment for overseas
a
employment?
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C
a
“Authority”
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What are the elements of illegal recruitment?
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C b
h
C
“recruitment and placement”
prohibited practices
practices
Can a recruiter be a natural or juridical person?
What are some relevant principles on illegal recruitment?
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“recruitment and placement”
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R a
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b l
alibi
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a
When
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is illegal recruitment considered a crime involving economic sabotage?
C
a
B
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R
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B
When
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is illegal recruitment considered in large scale? a s
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b l
C
o
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malum prohibitum
prohibitum malum in se
se
a
one and the same act of recruitment?
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e
b l
o
R a
n
a s
e
What is the nature of the liability between local recruiter and its foreign principal?
b l
Is
o
the solidary liability of corporate officers with the recruitment agency “automatic” in
R
character?
n
a
h
C
What are some relevant principles on the persons liable for illegal recruitment?
e
b l
o
R
n B
a s
e
h
b l
C
o
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a
.
s
e
b l
o
R a
It is for the mutual interest of both the seafarer and the employer why the
n
a
employment status must be contractual only or for a certain period of time
s
e
b l
o
R
n
What is the effect of hiring a seafarer for overseas employment but assigning him to local
h
C
What is the effect of non-deployment of OFW to overseas employment?
“seafarers are considered contractual
employees and cannot be be considered as regular employees under the Labor Code. Their employment is
governed by the contracts they sign every time they are rehired and their employment is terminated when
the contract expires. The exigencies of their work necessitate that they be employed on a contractual
basis..
basis
What is the ? a
B
s
“Presumed-identity approach”
“processual presumption”
e
b l
Isdue process under Philippine law applicable to termination of employment of OFWs?
o
R
n B
Is
a
the Agabon doctrine applicable to OFWs who are dismissed for cause but without due
s
e
h
process?
b l
Agabon
Agabon
C
o
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Serrano
Serrano
a
s
e
b l
was the unconstitutionality of the above-underlined
o
part of the provision cured
cured by such replication or re-enactment
re-enactment in the amendatory law?
R a
en banc 2
n
a s
What
e
l
are some principles in regard to monetary awards to OFWs?
b
o
R
2.
n
h
C
4.
Which/Who has jurisdiction over an OFW’s claims for disability and death benefits?
a
B
s
Is the Labor Code’s concept of permanent total disability similar to that of OFWs?
e
l
What
b
o
are the requisites for compensability of injury or illness of seafarers?
R
B
a n s
h e
C b l
What is direct hiring?
“Direct Hiring”
o
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unconstitutional
Is remittance of foreign exchange earnings by OFWs mandatory?
a
s
e
b l
o
What is an ALIEN EMPLOYMENT PERMIT (AEP)?
R a
n
a s
e
b l
Who are required to procure AEP?
o
R
n
a
h
C
What are the categories of foreign nationals EXEMPTED from securing AEP?
a
B
e
b l
o
What are the categories of foreign nationals EXCLUDED from securing AEP?
R B
n
a s
h e
b l
C
o
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a
s
e
b l
What is the validity of an AEP?
o
Exception:
Exception:
R a
n
a s
e
b l
o
R
n
What are the distinctions between learnership and apprenticeship?
a
h
Practical training.
training.
B a
s
Competency-based system.
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EXCEPT
Circumstances justifying hiring of trainees
trainees
a
s
e
b l
Limitation on the number of trainees
trainees
o
R
Option to employ.
a
employ. obliged
“option”
n
a s
e
Wage rate
rate
b l
o
R
n
B a
s
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a
s
e
b l
o
R
a
n
a s
e
b l
o
R
n
a
h
C
B a
s
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a
s
e
b l
Who are covered by the labor standards provisions of the Labor Code?
o
R
Who are excluded?
a
n
a
s
e
l
b
o
R
n
a
h
C
B a
s
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What are the conditions for its validity?
How should compensation be made under a valid CWW?
a
s
e
b l
o
R
a
What are the effects of power interruptions/brownouts?
n
a
s
e
b l
o
R
n
a
h
B a
s
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a
additional compensation.
s
e
“Premium pay”
l
b
o
“Overtime pay”
a
R
n
a
s
What is built-in overtime pay?
e
b l
o
What is emergency overtime work?
R
n
a
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. Where night shift (10 p.m. to 6 a.m.) work is o vertime work.
a
. For overtime work in the night shift.
s
e
l
b
o
R a
n
a s
e
l
b
o
R
n
What is the duration of weekly rest period?
C
Is the employer’s prerogative to determine the rest period of its employees subject to
limitations?
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a
s
e
l
What are REGULAR and SPECIAL HOLIDAYS?
HOLIDAYS?
o
R
a
n
a
s
e
l
b
o
R
n
a
h
C
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If the employee worked during a regular holiday that also falls on his/her rest day,
If the employee worked in excess of eight hours (overtime work) during a regular holiday that
also falls on his/her rest day,
day,
a
work,
If the employee did not work,
s
If the employee worked,
worked,
e
l
b
If the employee worked in excess of eight hours (overtime work),
work),
o
R
a
If the employee worked during a special day that also falls on his/her rest day,
day,
n
a s
e
l
If the employee worked in excess of eight hours (overtime work) during a special day that also
b
falls on his/her rest day,
day,
o
n
a
For private establishments,
establishments,
h employees in private schools, whether academic or administrative
C
personnel,
personnel,
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“supervised” “unsupervised”
supervised
supervised unsupervised
supervised
a
unsupervised
pakyao takay
s
e
l
pakyao
b
takay
o
R
a
Are seasonal workers entitled
entitled to holiday pay?
n
a s
e
l
Are seafarers entitled to holiday pay?
b
o
R
What are important principles on holiday pay?
n
a
h
o
C
o
“Monthly-paid”
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s
What are the kinds of establishment covered by the law on service charge?
e
b l
o
R
a
Who are the employees covered by this law?
n
a
s
e
b l
Who are not covered?
o
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What are the attributes of wage?
“Wage”
a
s
e
b l
o
“Fair and
R a
reasonable value”
n
a s
e
What is basic wage?
l
b
o
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What are supplements?
“supplements”
What are the distinctions between facilities and supplements?
a
supplement
facility
s
e
b l
o
R
What is the rule on deductibility of facilities and supplements?
a
n
a s
e
b l
o
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a
(a)
s
e
b l
(b) -
o
R a
(c)
n
a s
e
b l
o
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a
s
e
b l
o
n
a s
e
May employer deduct from wage of employees?
l
b
o
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a
s
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“Floor Wage Method,”
“Salary-Ceili
“Salary-Ceiling
ng Method,”
a
takay, pakyaw
s
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“wage distortion,”
a
s
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a leave”
“Paternity leave”
s
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s
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a
s
Who are covered employers?
e
b l
o
R
a
n
a s
e
Who are compulsorily covered employees?
b l
o
R
n
a
h
C
B a
s
e
b l
Who may be covered voluntarily?
o
R B
n
a
s
e
h
C b l
o
R
i.e. i.e.
n
a
h
C
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a
s
e
b l
o
R
Who are excluded employers?
a
n
a
s
e
Who are excluded employees?
b l
o
R
n
a
h
B a
What are the classifications of benefits?
s
e
b l
o
R
n B
a s
e
h
Who are primary beneficiaries?
primary
primary
C l
b
o
R
n
a
in the absence
absence
h
Who are secondary beneficiaries?
secondary
C
primary
primary
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Who are compulsorily required to become members of the GSIS?
a
s
e
b l
o
R a
n
a
s
e
b l
o
R
What are the classes of membership in the GSIS?
n
a
h
C
B a
s
e
b l
When does membership become effective?
What is the effect of separation from the service? o
R
n
B
a
s
e
h
b l
Who are excluded from the compulsory coverage of the GSIS Law?
C
o
R
n
a
h
C
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a
s
e
b l
o
R
gainfully employed
a
n
a s
e
b l
Gainful Occupation
Occupation
o
R
n
a
What is limited portability scheme?
h
C
What is totalization?
“totalization”
What is portability?
“portability”
How are benefits computed?
B a
benefits
“Benefits”
s
e
b l
o
R
n
B
a s
h
e
When does totalization apply?
C b l
o
R
n
a
h
C
What is the effect if worker is not qualified after totalization?
What is the effect if worker qualifies for benefits in both Systems?
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What is the State Insurance Fund [SIF]?
a
s
e
b l
What are the agencies involved in the implementation of the Employees Compensation
Program (ECP)?
o
a
R
n
a s
e
l
b
Who are covered by the ECP?
o
R
n
a
h
B a
When is the start of coverage of employees under the ECP?
first day
s
e
b l
What are the benefits under the ECP?
o
R
n B
a s
e
h
b l
C
o
R
n
a
h
C
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a
s
e
l
b Who are eligible to join, form or assist a labor organization for purposes of collective
o bargaining?
n
a s
e
l
b
o
R
n
a
h
a
B
s
e
l
Do members of cooperatives have the right to join, form or assist a labor organization?
b
What about employees of a cooperative?
o
R
What about members who are at the same time employees of the cooperative?
n B
a
s
e
h
C
Can employees of job contractors join, form or assist a labor organization? l
b
o
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b
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a
B
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n B
a s
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a
What is the relationship of the union and its members?
s
e
l
b
o
R
What is the relationship of the labor union and federation?
a
n
a
s
l e
b
o
R
n
a
h
C
“affiliate”
“affiliate”
a
B
s
e
l
b
o
R
n
B
a s
e
h
C
l
b
o
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a
s
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l
b
o
R a
n
a
s
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l
b
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R
n
a
h
C
“no strike, no lockout”
a
B
s
e
l
b
o
R
B
n
a
s
h e
l
C
b
o
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s
e
l
b
o
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l
b
o
R
n
a
h
C
San Miguel Corporation v. Laguesma,
meager number of sales personnel in each of the
Magnolia sales office in Northern LuzonLuzon
B
San Miguel Corporation Supervisors and Exempt Employees Union v. Laguesma,
s
e
b
o
R
n
B
a s
University of the Philippines v. Ferrer-Calleja
h
e
l
C b
o
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a
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b l
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a s
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C
A.K.A.
What is a SEBA?
“exclusive bargaining
representative” “exclusive bargaining agent”
Can individual employee or group of employees bring grievable issues directly to their employer
without the participation of the SEBA?
a
B
s
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“VOLUNTARY RECOGNITION”
a
Is voluntary recognition still a proper mode of selecting a SEBA?
s
e
l What could have been the reason for such repeal?
b
o
R a
n
a s
e
l
b
o
R
n
a
h
C
What should the employer do if a request for recognition or a demand for CBA negotiation is
made by a union which has not been certified as the SEBA?
What are the situations involved in this new mode of “REQUEST FOR SEBA
CERTIFICATION”?
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a Certification
Certification
s
SECOND
e
l
b unorganized
o
n
a
THIRD
s
l
b
o
R
n
fails
a
fails
h
Request
C
What is certification election?
“Certification election”
Who may file a petition for certification election?
independent union
union
national union federation
a
federation
B
s
local chapter
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a
s
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l
o
R a
n
a s
e
l
b
o
R
n
a
h
a
B
s
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What are the requisites for the validity of the petition for certification election?
a
s What are the two (2) kinds of majorities (DOUBLE MAJORITY RULE)?
e
l
viz.
viz.
b
o
majority of all eligible voters in the
n
e
l
b
What are some pertinent principles on certification election?
o
R
n
a
h
What is meant by “unorganized establishment”?
a
B
s
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What is a run-off election?
“run-off election”
a
s
e
b l
When is it conducted?
o
a
R
motu proprio
proprio
n
a e s
l
b
o
n
a
h
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a
less than the majority of the number of eligible voters
voters
s
e
b l
b. Effect of failure of election.
o
n
a s
e
b l
o
inter alia
R
alia
n
a
C
“re-run”
Confederation of Citizens Labor Unions v. Noriel
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a
s
e
o
e
o
R
n
a
h
C
Trusted by over 1 million members
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a
s
e
b l
o
R a
n
a e s
b l
o
n
a
h
“Check-off”
C
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s
e
b l First,
First,
o
R a
Secondly
n
a s
e
b l
o
R
n
a
status quo
quo
h
C
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“Collective Bargaining Agreement”
“CBA”
a
s
e
l
b
o
R
a
n
a
e
s
b
o
Trusted by over 1 million members
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Department Order No. 83-07, Series of 2007.
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1
2
G.R. No. 88210, Jan. 23, 1991, 193 SCRA 223.
G.R. No. 119293, June 10, 2003.2003. o
R
n
3 See Section 3, Rule I, Rules on the Disposition on of Labor Standards Cases in the Regional Offices
Offices [Sept. 16, 1987]; Atilano v. De
De la Cruz, G.R. No. 82488, Feb. 28, 1990, 182 SCRA
886; San Miguel Corporation v. The Hon. CA, G.R. No. 146775, Jan. 30, 2002.
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4 “Article 37. Visitorial Power.
Power. - The Secretary of Labor or his duly authorized representatives
representatives may, at any time, inspect the premises,
premises, books of accounts and records of any person or
h
entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.” (Referring to Tile I [Recruitment and Placement
of Workers], Book I, Labor Code).
C
5 Visitorial cases involve
involve inspection of establishments
establishments to determine compliance with labor standards;
standards; while enforcement cases involve ve issuance of compliance orders and writs of
execution.
6 Article 128 is entitled
tled “Visitorial
torial and Enforcement Power.”
7 Article 289 [274] is entitled “Visitorial Power.”
8 Section 6 of Rule VI [Health and Safety
Safety Cases] of the Rules on the Disposition
Disposition of Labor Standards
Standards Cases in the Regional Offices.
Offices.
9 As distinguished from recruitment
recruitment and placement of workers for overseas employment which which falls under the jurisdiction of the Philippine Overseas Employment Administration stration
(POEA).
10 Section 8, Department Order No. 141-14, Series of 2014 (Revised Rules and Regulations Governing Recruitment and Placement for Local Employment), Nov. 20, 2014; See
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inspection of establishments
establishments
issuance of compliance orders execution
orders writs of execution
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in cases where the employer-employee
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Section 3, Rule II of the Med-Arbitration Rules states: “SEC. 3. Jurisdiction
Jurisdiction of the Regional Director.- The Regional Director shall exercise
exercise original and exclusive jurisdiction over
o
application for union registration,
registration , petitions for cancellation of union registration and complaints for examination of unions books of accounts. ” See also Section 1, Rule II,
Rules of Procedure on Mediation-Arbitration.
Mediation-Arbitration.
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2 See Article 243 [236] of the Labor Code which provides: “Art. 243 [236]. [236]. Denial of registration;
registration; appeal. The decision of the Labor Relations Division
Division in the regional office denying
n
registration may be appealed by the applicant union to the Bureau within ten (10) days from receipt of notice thereof.”
3 Referring to independent unions, local local chapters and workers’ associations,
associations, as distinguished from federations,
federations, national unions, industry
industry unions, trade union centers and their local
chapters/chartered
chapters/char
a
tered locals, affiliates and member organizations whose application for registration as well as denial or cancellat
cancellation
ion or revocation of registration is cognizable by the BLR
h
Director in his original and exclusive jurisdiction [infra].
4 See Article 245 [238] of the Labor Code which provides: “Art. 245 [238]. Cancellation ation of registration;
registration; appeal. The certificate of registration
registration of any legitimate labor organization,
organization, whether
C
national or local, shall be cancelled by the Bureau if it has reason to believe, after due hearing, that the said labor organization no longer meets one or more of the requirements
herein prescribed.
prescribed.””
5 Section 3, Rule II of the Med-Arbitration
tration Rules, supra;
supra; See also Section 4, Rule XI, Book V of the Rules to to Implement the Labor Code, as amended
amended by Department Order No. No. 40-F-03,
Series of 2008 [October 30, 2008].
6 Section 5, Rule IV, Book V, Rules to Implement the Labor Code, as amended by Department Department Order No. 40-03, Series of 2003, [Feb. 17, 2003] and as further amended by
Department Order No. 40-D-05, Series of 2005, Sept. 13, 2005.
7 As distinguished from cases
cases involving multi-empoyer
multi-empoyer CBAs which fall under
under the original jurisdiction
jurisdiction of the BLR Director.
8 Section 4 [formerly Section
Section 5], Rule XI, Book V, Rules to Implement
Implement the Labor Code, as amended
amended by Department Order No. 40-03, Series Series of 2003, [Feb. 17, 2003], and as re-
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DOLE Circular No. 1,
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Ex-Officio
Ex-Officio
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grievance
grievance “grievable issue”
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