LABOR

Would failure of the employer to inform the employee who is undergoing administrative investigation
of his right to counsel amount to deprivation of due process?

NO. The SC held that the right to counsel and the assistance of one in investigations involving termination
cases is neither indispensable nor mandatory, except when the employee himself requests for one or that
he manifests that he wants a formal hearing on the charges against him.

What are the elements of a simple illegal recruitment?

1. That the offender has no valid license or authority required by law to enable him to lawfully
engage in the recruitment and placement of workers;
2. That the offender undertakes any activity within the meaning of recruitment and placement
defined under the Labor Code, or any prohibited practices enumerated under the law, irrespective
of whether the offender is a non-licensee, non-holder, licensee or holder of authority; and
3. The number of recruiters and/or recruitees should not be more than 2 persons.

*Note that actual receipt of fee is not an actual element of the crime of illegal recruitment. Thus, even if
the accused recruiter did not actually receive any fee, his representation that he had the capacity to secure
employment for private complainants made him liable for illegal recruitment since he had no authority or
license from the POEA. Thus, even in the absence of money or other valuables given as consideration for
the services of the recruiter, he is considered as being engaged in recruitment activities.

Does execution affidavit of desistance affect the liability in illegal recruitment?

Execution of affidavit of desistance affects only the civil liability but has no effect on the criminal liability
for illegal recruitment.

May a person be charged with estafa and illegal recruitment at the same time?

YES. Considering that illegal recruitment and estafa are distinct crimes, a person acquitted of illegal
recruitment may be held liable for estafa. A person’s acquittal in the illegal recruitment case does not
prove that he is not guilty of estafa. Double jeopardy will not set in.

*Note that a validly dismissed OFW is not entitled to his salary for the unexpired portion of his
employment contract.

What is the OFW entitled to in case of unauthorized deductions of his salary?

He shall be entitled to the full reimbursement of the deductions made with interest at 12% per annum.

This is in addition to the full reimbursement of his placement fee with the same interest of 12% per annum
plus his salaries for the unexpired portion of his employment contract if he is terminated without just,
valid or authorized cause as defined by law or contract.

State the validity of the alien employment permit.

The AEP shall be valid for the position and the company for which it was issued for a period of 1 year,
unless the employment contract, or other modes of engagement provides otherwise, which in no case
shall exceed 3 years.
Enumerate grounds for the cancellation of employment permit issued to an alien.

Transferring to another job or changing his employer without filing of an application for new AEP.

Learnership vs. Apprenticeship (as to duration)

Learnership involves practical training on the job for a period not exceeding 3 months; while
apprenticeship requires proficiency, more than 3 months but not over 6 months of practical training on
the job.

Requisites before learners may be employed.

1. When no experienced workers are available;

2. The employment of learners is necessary to prevent curtailment of employment opportunities;
and
3. The employment does not create unfair competition in terms of labor costs or impair or lower
working standards.

Is travel from home to work considered as hours worked?

An employee who travels from home before his regular workday and returns to his home at the end of
the workday is engaged in ordinary home-to-work travel which is a normal incident of employment and
therefore not considered as hours worked. This is true whether he works at a fixed location or at different
jobsites.

But while normal travel from home to work is not working time, if an employee receives an emergency
call outside of his regular working hours and is required to travel to his regular place of business or some
other work site, all of the time spent in such travel is considered working time.

How do you compute overtime work in the night shift?

1. On ordinary day – Plus 10% of 125% of the basic hourly rate;

2. On a rest day or special day or regular holiday – Plus 10% of 130% of regular hourly rate on said
days.

Discuss the weekly rest day of the employee.

It shall be the duty of every employer, whether operating for profit or not, to provide each of his
employees a rest period of not less than 24 consecutive hours after every 6 consecutive normal work days.

Where, however, the choice of the employees as to their rest days based on religious grounds will
inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer
cannot normally be expected to resort to other remedial measures, the employer may schedule the
weekly rest day of their choice for at least 2 days in a month.

Discuss the pay if holiday falls on a regular workday and rest day.

Regular work day –

1. If unworked – 100%
2. If worked – 1st 8 hours = 200%
 3. Work in excess of 8 hours – plus 30% of hourly rate on said day.

Rest day –

1. If unworked – 100%
2. If worked – first 8 hours – plus 30% of 200%
3. Work in excess of 8 hours – plus 30% of hourly rate on said day.

Discuss the pay of a worker in case of a special non-working day.

1. If unworked –
a. No pay, except if there is a company policy, practice, or collective bargaining agreement (CBA)
which grants payment of wages on special days even if unworked.
2. If worked –
a. First 8 hours – plus 30% of the daily rate of 100%
b. Work in excess of 8 hours – plus 30% of hourly rate on said day.
3. If falling on the employee’s rest day and if worked –
a. First 8 hours – plus 50% of the daily rate of 100%
b. Work in excess of 8 hours – plus 30% of hourly rate on said day.

What is the pay in case a worker works for 2 regular holidays falling on the same day.

1. If unworked – 200% for the two regular holidays;

2. If worked – 200% for the two regular holidays plus premium of 100% for work on that day.

What is the minimum amount of the 13th month pay?

The minimum 13th month pay required by law should not be less than one-twelfth 1/12th of the total basic
salary earned by an employee within a calendar year.

What is the minimum period of service required to be entitled to 13th month pay?

The employee should have worked for at least 1 month during a calendar year.

*Note that facilities are deductible from wage but not supplements.

*Also, the non-diminution rule found in the Labor Code explicitly prohibits employers from eliminating or
reducing the benefits received by their employees. This rule, however, applies only if the benefit is based
on any of the ff: express policy, a written contract or a company practice.

Are wages subject to execution or attachment?

The general rule is that laborer’s wages are not subject to execution or attachment. The exception is when
such execution or attachment is made for debts incurred for food, shelter, clothing and medical
attendance.

Discuss the instance where an employer may deduct loss or damages from wages of the employees.

Where the employer is engaged in a trade, occupation or business where the practice of making
deductions or requiring deposits is recognized, to answer for the reimbursement of loss of or damage to
tools, materials or equipment supplied by the employer to the employee, the employer may make wage
deductions or require the employees to make deposits from which deductions shall be made.

State the qualifications for entitlement to maternity benefits.

1. The female member should be employed at the time of delivery, miscarriage or abortion;
2. She must have given the required notification to the SSS thru her employer;
3. Her employer must have paid at least 3 months of maternity contributions within the 12-month
period immediately before the semester of contingency.

-equivalent to 100% of her average daily salary credit for 60 days or 78 days in case of caesarian delivery.

What is a parental leave?

Parental leave is the leave benefit granted to a male or female solo parent to enable him/her to perform
parental duties and responsibilities where physical presence is required.

State the requisites for a solo parent to be entitled to parental leave.

1. He/She has rendered at least 1 year of service whether continuous or broken at the time of the
effectivity of the Act;
2. He/She has notified his/her employer of the availment thereof within a reasonable period of time;
and
3. He/She has presented a Solo Parent Identification Card to his/her employer.

*Note that the law punishes sexual harassment if the same is work-related or education-related or
training-related.

When does an action arising from sexual harassment prescribe?

Any action arising from sexual harassment prescribes in 3 years.

Who are covered and excluded under RA 10361 or the Kasambahay Law?

RA 10361 applies to all domestic workers employed and working within the country. It shall cover all
parties to an employment contract for the services of the ff. Kasambahay, whether on a live-in or live-out
arrangement, such as, but not limited to:

a. General househelp;
b. Yaya;
c. Cook;
d. Gardener;
e. Laundry person; or
f. Any person who regularly performs domestic work in one household on an occupational basis.

Exclusions: The ff. are not covered:

a. Service providers;
b. Family drivers;
c. Children under foster family arrangement; and
 d. Any other person who performs work occasionally or sporadically and not on an occupational
basis.

*Note that the wages of the Kasambahay shall be paid at least once a month. This is so because the
minimum wage rates are on a monthly basis.

*Furthermore, the employer, unless allowed by the Kasambahay through a written consent, shall make
no deductions from the wages other than that which is mandated by law such as for SSS, PhilHealth or
PAG-IBIG contributions.

*Kasambahay should work for at least 16 hours per day as normal hours of work as per RA 10361. This
shall prevail over the 10 hrs as per Civil Code because it is a special law.

Is a kasambahay entitled to SIL?

A Kasambahay who has rendered at least 1 month of service shall be entitled to an annual service
incentive leave of at least 5 days with pay. Any unused portion of said annual leave shall not be cumulative
or carried over to the succeeding years. Unused leaves shall not be convertible to cash.

*Note that the relationship of employer and employee is contractual in nature. It may be an oral or written
contract. A written contract is not necessary for the creation and validity of the relationship.

*Furthermore, retainer fee arrangement does not give rise to employment relationship.

*Employment is deemed regular if the employment contract has no stipulation on probationary period.
Also, repetitive hiring of a probationary employee means he has become a regular employee.

*Regular workers of previous owner of business may be hired as probationary employees of new owner.

How much is the nominal damage in case of dismissal without due process in case of termination due
to just cause? How about due to authorized cause?

1. Just cause – P30,000;

2. Authorized cause – P50,000.

How should a project employee be terminated? Is notice to the employee required?

Report to DOLE on termination of project employees is required. Report should be made after every
completion of project or phase thereof.

Advance notice of termination of project employment is not required.

*Note that the CBA cannot override the terms and conditions prescribed by the POEA under the Standard
Employment Contract for OFWs.

*Note that the employment contract is governed by the Labor Code, whereas the Service Agreement is
governed by the Civil Code.

*An unregistered contractor is presumed to be a labor-only contractor.

Are words of gratitude indicative of voluntariness of resignation?

No. Words of gratitude may not, however, be considered indicative of voluntariness of resignation in
certain cases. In order to determine whether the employees truly intended to resign from their respective
posts, the tenor of the resignation letters cannot be merely relied upon, but must take into consideration
the totality of circumstances in each particular case.

*Immorality, as a general rule, is not a just ground to terminate employment. The exception is when such
immoral conduct is prejudicial or detrimental to the interest of the employer.

How much is the separation pay given to an employee? Discuss.

1. If based on installation of labor-saving device or redundancy – 1 month pay or at least 1 month

pay for every year of service, whichever is higher, a fraction of at least 6 months shall be
considered as 1 whole year.
2. If based on retrenchment or closure not due to serious business losses or financial reverses – 1
month pay or at least ½ month pay for every year of service, whichever is higher, a fraction of at
least 6 months shall be considered as 1 whole year.
3. If closure is due to serious business losses or financial reverses – NO separation pay is required to
be paid.
4. In case the CBA or company policy provides for a higher separation pay – the same must be
followed instead of the one provided in Article 298 (283).

Is contracting out of abolished positions to independent contractors valid? How about hiring of casuals
or contractual employees after redundancy?

VALID. VALID.

*Note that sharp drop of income is not a ground to justify retrenchment. A mere decline in gross income
cannot in any manner be considered as serious business losses. It should be substantial, sustained and
real.

*Closure of department or section and hiring of workers supplied by independent contractor as

replacements is valid.

State the instances where hearing is not required in termination of employment.

1. Termination of project, seasonal, casual or fixed-term employment.

2. Termination of probationary employment on the ground of failure of the probationary employee
to qualify as a regular employee to qualify as a regular employee in accordance with reasonable
standards made known to him at the start of the employment.
3. Termination due to abandonment of work.
4. Termination due to authorized causes. In such cases, there are no allegations which the
employees should refute and defend themselves from.
5. Termination due to disease under Article 299(284).

*Note that an award of separation pay in lieu of reinstatement is not proper if there is no finding of
illegality of dismissal. This is so because the principal remedy of reinstatement may only be granted in
case the dismissal is illegal.

Is preventive suspension a penalty? How long should it last?

Preventive suspension is not a penalty. Preventive suspension, by itself, does not signify that the company
has already adjudged the employee guilty of the charges for which she was asked to answer and explain.

Preventive suspension should only be for a maximum period of 30 days. After the lapse of the 30-day
period, the employer is required to reinstate the worker to his former position or to a substantially
equivalent position.

*Note that the employers and employees are free to agree and stipulate on the retirement age, either in
the CBA or employment contract. It is only in the absence of such agreement that the retirement age shall
be fixed by law, that is, in accordance with the optional and compulsory retirement age prescribed under
the law.

*Note also that the optional retirement age of underground mine workers is 50 years of age, while the
compulsory retirement age is 60 years old.

SOCIAL WELFARE LEGISLATION

State the compulsory coverage of employers to SSS.

1. An employer or any person who uses the services of another person in business, trade, industry
or any undertaking.
2. A foreign government, international organization or its wholly-owned instrumentality such as an
embassy in the Philippines, may enter into an administrative agreement with the SSS for the
coverage of its Filipino employees.

State the compulsory coverage of employees to SSS.

1. A private employee, whether permanent, temporary or provisional, who is not over 60 years old.
2. A domestic worker or kasambahay who has rendered at least 1 month of service.
3. A seafarer upon the signing of the standard contract of employment between the seafarer and
the manning agency which, together with the foreign ship owner, act as employees.
4. An employee of a foreign government, international organization or their wholly-owned
instrumentality based in the Philippines, which entered into an administrative agreement with
the SSS for the coverage of its Filipino workers.
5. The parent, spouse or child below 21 years old of the owner of a single proprietorship business.

State the compulsory coverage of self-employed persons to SSS.

A self-employed person, regardless of trade, business or occupation, with an income of at least P1,000 a
month and not over 60 years old, should register with the SSS. Included, but not limited to, are the ff. self-
employed persons:

1. Self-employed professionals;
2. Business partners, single proprietors and board directors;
3. Actors, actresses, directors, scriptwriters and news reporter who are not under an employer-
employee relationship;
4. Professional athletes. Coaches, trainers and jockeys;
5. Farmers and fisherfolks; and
 6. Workers in the informal sector such as cigarette vendors. Watch-your-car boys, hospitality girls
among others.

Who are the primary beneficiaries in SSS?

1. The dependent spouse until he or she remarries;

2. The dependent legitimate, legitimated or legally adopted, and illegitimate children who are not
yet 21 years of age.

*Note that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate,
legitimated or legally adopted children. However, in the absence of the dependent legitimate, legitimated
children of the member, his/her dependent illegitimate children shall be entitled to 100% of the benefits.

Who are the secondary beneficiaries in SSS?

1. The dependent parents, in the absence of the primary beneficiaries;

2. Any other person designated by the member as his/her secondary beneficiary, in the absence of
all the foregoing primary beneficiaries and dependent parents.

Can a member apply for sickness benefit if she has been paid the maternity benefit?

No. A female member cannot claim for sickness benefit for a period of 60 days for normal delivery or
miscarriage or 78 days for caesarean delivery within which she has been paid the maternity benefit. As a
rule, no member can be entitled to two benefits for the same period.

What happens when the retirement pensioner resumes employment?

The monthly pension shall be suspended upon the re-employment or resumption of self-employed of a
retired member who is less than 65 years old. The member shall again be subjected to compulsory
coverage. At 65 year old whether employed or not, he can already claim for retirement benefit.

What will happen to the monthly pension of a disability pensioner in case of death?

Upon the death of the permanent total disability pensioner, the primary beneficiaries as of the date of
disability, shall be entitled to 100% of the monthly pension and the dependents to the dependents’
pension.

What is the prescriptive period in filing disability claims?

The prescriptive period in the filing of disability benefit claim is 10 years from the date of occurrence of
disability.

If the deceased member has not paid any single contribution, are the beneficiaries still entitled to the
death and funeral benefits?

The primary or secondary beneficiaries of a deceased employee-member, who had no contribution

payment at all and who was reported for coverage shall be entitled to funeral benefit only.

GSIS

What is the compulsory membership in GSIS? (aka who are covered)

 1. All government personnel, whether elective or appointive, irrespective of status of appointment,
provided they are receiving fixed monthly compensation and have not reached the mandatory
retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be required
to pay contributions.
2. However, employees who have reached the retirement age of 65 or more shall also be covered,
subject to different rules.

Who are excluded from the compulsory coverage of GSIS law?

1. Uniformed personnel of the AFP, PNP, Bureau of Fire Protection and Bureau of Jail Management
and Penology.
2. Barangay and Sanggunian Officials who are not receiving fixed monthly compensation;
3. Contractual employees who are not receiving fixed monthly compensation; and
4. Employees who do not have monthly regular hours of work and are not receiving fixed monthly
compensation.

Who are the beneficiaries under GSIS law?

1. Primary beneficiaries – The legal dependent spouse until he/she remarries and the dependent
children.
2. Secondary beneficiaries – The dependent parents and, subject to the restrictions on dependent
children, the legitimate descendants.

*Note that in case the deceased member failed to indicate in his/her retirement option, it shall be
computed as if he/she opted for immediate pension.

When is total disability temporary?

A total disability is temporary if, as a result of the injury or sickness, the employee is unable to perform
any gainful occupation for a continuous period of not exceeding 120 days, except when such disability still
requires medical attendance beyond 120 days, but not to exceed 240 days.

Define permanent disability.

Permanent disability is the inability of a worker to perform his job for more than 120 days, regardless of
whether or not he loses the use of any part of his body.

When is disability total and permanent?

A disability is total and permanent if, as a result of the injury or sickness, the employee is unable to
perform any gainful occupation for a continuous period exceeding 120 days.

*Note that the employer shall be liable for the benefit if the injury or sickness occurred before the
employee is duly reported for coverage to the system (GSIS/SSS).

*Also, the beneficiaries shall be entitled to funeral benefits as provided for under the law, even though
the body of a missing person had not been recovered and that no burial activities had been undertaken.

Under the labor code, who are the “dependents?”

 1. The legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried,
not gainfully employed, and not over 21 years of age or over 21 year of age provided he is
incapacitated and incapable of self-support due to a physical or mental defect which is congenital
or acquired during minority;
2. The legitimate spouse living with the employee; and
3. The parents of said employee wholly dependent upon him for regular support (here, living with
the deceased employee is not a requirement).

What are the requirements in order for the widowed spouse of the deceased employee to be entitled
to compensation benefits?

1. He/she is a legitimate spouse; and

2. He/she should be living with the deceased employee at the time of death.

State the beneficiaries stated under the Labor Code.

Primary beneficiaries.

1. The legitimate spouse living with the employee at the time of the employee’s death until he/she
remarries; and
2. The legitimate, legitimated or legally adopted or acknowledged natural children who are
unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age, provided
that he is incapacitated and incapable of self-support due to a physical or mental defect which is
congenital or acquired during minority. A dependent acknowledged natural child shall be
considered as a primary beneficiary only when there are no other dependent children who are
qualified and eligible for monthly income benefit.

If there are two or more acknowledged natural children, they shall be counted from the youngest
and without substitution, but not exceeding 5.

Secondary beneficiaries.

1. The legitimate parents wholly dependent upon the employee for support;
2. The legitimate descendants and illegitimate children who are unmarried, not gainfully employed
and over 21 years of age, or over 21 years of age provided that he is incapacitated and incapable
of self-support due to a physical or mental defect which is congenital or acquired during minority.

What will happen in the absence of both primary and secondary beneficiaries?

In the absence of both primary and secondary beneficiaries, death benefits shall accrue to the Employees’
Compensation Fund.

LABOR RELATIONS

*Note that the rank-and-file union and the supervisors’ union operating within the same establishment
may join the same federation or national union.

Distinguish the effect between disaffiliation of an independently-registered union and local chapter.
The disaffiliation of an independently-registered union does not affect its legitimate status as a labor
organization. However, the same thing may not be said of a local chapter which has no independent
registration since its creation was effected pursuant to the chapter certificate issued to it by the federation
or national union. Once a local chapter disaffiliates from the federation or national union which created
it, it ceases to be entitled to the rights and privileges granted to a legitimate labor organization. Hence, it
cannot, by itself, file a petition for certification election.

When may a labor union disaffiliate from the mother union to form an independent union?

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 prior to the expiration of the existing CBA.

It is not, however, legally impossible to effect the disaffiliation prior to the freedom period, provided that
the same is approved by the majority of the members of the bargaining unit. Under this situation, the CBA
continues to bind the members of the new or disaffiliated and independent union up to the expiration
thereof.

Is disaffiliation a violation of union security clause? Who has jurisdiction over affiliation or disaffiliation?

No, disaffiliation is not a violation of the union security clause.

The issue of affiliation or disaffiliation is an inter-union conflict the jurisdiction of which properly lies with
the Bureau of Labor Relations and not with the Labor Arbiter.

When will a request for SEBA Certification made?

The request will only be granted if what is involved is an unorganized establishment with only 1 legitimate
union. It will not be granted and instead, a certification election will be conducted, in case the request is
made in unorganized establishment with more than 1 legitimate labor organization and an organized
establishment with an existing SEBA.

Organized vs. Unorganized establishment.

An organized establishment refers to an enterprise where there exists a SEBA, regardless of whether a
CBA has been concluded or not by such SEBA with the employer.

An unorganized establishment is a firm or company when there is no certified SEBA.

*Kindly note that “no union” is always a choice in a certification election. Thus, in the event that the
petitioning union, in a single-union certification election, fails to muster the majority of the valid votes
cast and the “NO UNION” choice wins, there shall be no SEBA and no new petition for certification election
can be filed within 1 year from the conduct of the certification election pursuant to the statutory bar rule.

*Also, it must be stressed that “No-Union”, although a choice in the original certification election, should
no longer be a choice in the run-off election which must involve only the labor unions receiving the two
highest number of votes in said original election.

What are the grounds for denial of petition for certification election?

The Mediator-Arbiter may dismiss the PCE on any of the ff. grounds:
 1. The petitioning union or national union or federation is not listed in the DOLE’s registry of
legitimate labor unions or that its registration certificate has been cancelled with finality;
2. Failure of a local chapter (or chartered local) or national union/federation to submit a duly issued
Charter Certificate upon filing of the PCE;
3. In an organized establishment, the failure to submit the 25% consent signature requirement to
support the filing of the PCE;
4. Non-appearance of the petitioner for 2 consecutive scheduled conferences before the Mediator-
Arbiter despite notice;
5. Absence of employer-employee relationship between all the members of the petitioning union
and the establishment where the proposed CBU is sought to be represented; and
6. Violation of the various bar rules.

When is run-off election conducted?

A run-off election is required to be conducted within 10 days from the close of the election proceedings
between the labor unions receiving the two highest number of votes, if there are no objections or
challenges which, if sustained, can materially alter the results.

*Note that where an appeal has been filed from the order of the Med-Arbiter certifying the results of the
election, the running of the 1 year period is deemed suspended until the decision on the appeal has
become final and executory.

*Note that if the “no-union” choice garners the majority of the votes and thus wins the certification or
consent election, a tie between and among the contending unions will no longer matter. This means that
the employees in the CBU do not want any SEBA to represent them. Consequently, no CBA negotiation
will transpire.

*In certain exceptional cases, however, where all the 3 or more or all the choices receive the same number
of votes – no run-off election should be conducted; the “inconclusive” election should be declared a nullity
and a re-run election should be held instead.

State the procedural but mandatory requisites for a valid and legal strike or lockout.

1. It must be based on any of the ff. grounds: unfair labor practice of the employer and collective
bargaining deadlock;
2. A notice of strike must be filed with the NCMB-DOLE at least 24 hours prior to the taking of the
strike vote by secret balloting , informing said office of the decision to conduct a strike vote, and
the date, place and time thereof and asking it to supervise the taking of the strike vote;
3. A strike vote must be taken where a majority of the members of the union obtained by secret
ballot in a meeting called for the purpose must approve it;
4. A strike vote report should be submitted to the NCMB-DOLE at least 7 days before the intended
date of the strike;
5. Except in cases of union-busting, observance of the cooling-off period of 15 days, in case of ULP
of the employer, or 30 days, in case of CBD, reckoned from the filing of the notice of strike; and
6. The 7-day waiting period or strike ban reckoned after the submission of the strike vote report to
the NCMB-DOLE should be fully observed in all cases.

Requisites for a valid lockout.

 1. It must be based on a valid and factual ground;
2. A notice of lockout must be filed with the NCMB-DOLE at least 24 hours prior to the taking of the
lockout vote by secret balloting , informing said office of the decision to conduct a lockout vote,
and the date, place and time thereof;
3. A lockout vote must be taken where a majority of the members of the BOD of the corporation or
association or of the partners in a partnership obtained by secret ballot in a meeting called for the
purpose, must approve it;
4. A lockout vote report should be submitted to the NCMB-DOLE at least 7 days before the intended
date of the lockout;
5. The cooling-off period of 15 days, in case of ULP of the labor organization, or 30 days, in case of
CBD, should be fully observed; and
6. The 7-day waiting period or lockout ban reckoned after the submission of the lockout vote report
to the NCMB-DOLE should be fully observed in all cases.

If the decision of the DOLE Regional Director is issued pursuant to Art. 128 which basically involves an
inspection case, the appeal should be made to the DOLE Secretary. But if the decision of the DOLE Regional
Director is made in accordance with Art. 129 which does not involve an inspection case, the appeal should
be made to the NLRC.

Visitorial and enforcement powers of the Secretary of Labor.

1. Power to inspect records an premises at any time of the day or night whenever work is being
undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact,
condition or matter which may be necessary to determine violations or which may aid in the enforcement
of the Labor Code and of any labor law, wage orders or Rules and regulations issued pursuant thereto.

2. Power to issue compliance orders to give effect to the labor standards provisions of this Code and other
llabor legislation based on the findings of labor employment and enforcement officers or industrial safety
engineers made in the course of inspection;

3. Power to issue writs of execution to the appropriate authority for the enforcement of their orders,
except in cases where the employer contests the findings of the labor employment and enforcement
officer and raises issued supported by documentary proofs which were not considered iin the course of
inspection; and

4. Power to order stoppage of work or suspension of operations of any unit or department of an

establishment when non-compliance with the law or implementing Rules and regulations poses grave and
imminent danger to the health and safety of workers in the workplace.

Exclusive and original jurisdiction of Bureau of Labor Relations.

1. Intra-union conflicts;
2. Inter-union conflicts; and
3. Other related labor relations disputes.

Jurisdiction of NLRC

Original -
1. Petition for injunction in ordinary labor disputes to restrain or enjoin any actual or threatened
commission of any or all prohibited acts;
2. Petition for injunction in strikes or lockouts;
3. Certified cases which refer to labor disputes causing or likely to cause a strike or lockout in an industry
indispensable to the national interest, certified to it by the Secretary of Labor for compulsory arbitration;
4. Petition to annul or modify the order or resolution of the LA.

Exclusive appellate jurisdiction -

1. All cases decided by the LA;

2. Cases decided by the DOLE RD or hearing officers involving small money claims under ART 129 of the
Labor Code;
3. Contempt cases decided by the Labor Arbiters.

*NLRC - MR - CA by way of rule 65 petiton for certiorari. Then SC through a petition for review on certiorari
under Rule 45.

Original and exclusive jurisdiction of voluntary arbitrator.

1. All grievances arising from the implementation or interpretation of the collective bargaining
agreements;
2. Interpretation or enforcement of company personnel policies which remain unresolved after
exhaustion of the grievance procedure;
3. To hear and decide wage distortion issues arising from the application of any wage orders in organized
establishments;
4. Unresolved grievances arising from the interpretation and implementation of the productivity incentive
programs under RA No. 6971;
5. Violations of CBA which are not gross in nature;
6. Other labor disputes, including unfair labor practices and bargaining deadlocks, upon agreement of the
parties;
7. National interest cases.

Jurisdiction of the Labor Arbiters

(a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive
jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the
parties for decision without extension, even in the absence of stenographic notes, the following cases
involving all workers, whether agricultural or non-agricultural:

1. Unfair labor practice cases;

2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates
of pay, hours of work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee
relations;
5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of
strikes and lockouts; and
6. Except claims for Employees Compensation, Social Security, Medicare168 and maternity benefits, all
other claims arising from employer-employee relations, including those of per sons in domestic or
household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether
accompanied with a claim for reinstatement.
7. Disputes involving legislated wage increases and wage distortion in unorganized establishments not
voluntarily settled by the parties;
8. Enforcement of compromise agreements when there is non-compliance by any of the parties thereto;
9. Issuance of writ of execution to enforce decisions of Voluntary Arbitrations or panel of Voluntary
Arbitrators, in case of their absence or incapacity, for any reason;
10. Money claims arising out of employer-employee relationship or by virtue of any law or contract,
involving Filipino workers for overseas deployment, including claims for death and disability benefits and
for actual, moral, exemplary and other forms of damages.

*Note that an employee who accepts post retirement competitive employment will forfeit retirement and
other benefits or will be obliged to restitute the same to the employer.