Legal Advice for Labor Law Cases

Arellano University School of Law

Legal Counselling and Social Responsibility
2nd Semester. A.Y. 2019-2020
Friday 7:30PM-8:30PM

Abstract

This term paper studies on the points to consider when making or giving a legal advice in
relation to Labor Law Cases and the responsibility of those who are in the legal profession when
giving such advice. The paper emphasizes that giving legal advice does not end in knowing the
laws on labor, but also knowing when does litigation is needed and when litigation is the last
resort.

Introduction

The meaning of advice, as taken from Black’s Law Dictionary, is the view, opinion,
information, or the counsel given by the lawyers to their clients; an opinion expressed as to
wisdom of future conduct. Hughes v. Van Bruggen, 44 N.M. 534, 105 P.2 1073, 1077.

When do clients usually seek for legal advice? More often than not, it is when an
employee is terminated that they often seek for legal advice in labor law. This is usually because
of one’s automatic assumption that their dismissal was illegal. However, not all dismissals are
illegal. If this assumption would not be studied by the lawyer and automatically jump into
conclusion that it is indeed an illegal dismissal, thus prompting the filing of various labor law
cases without any proper study, and most of the time only because of profit, this will only clog
up the system.
 In properly giving a legal advice in labor cases, the lawyer must determine first whether
the case is valid for filing with an end in view of securing compliance with labor standards and
maintaining harmonious labor relations between the parties.

When is a case valid labor employment dispute?

  In labor law, there are two facets of valid termination, the substantial due process and the
procedural due process. One is provided under Article 282 of the Labor Code, which is the
dismissal must be based on ground of just or authorized causes provided therein. The second one
is the legally of the manner of dismissal which requires notice and hearing. Under the procedural
process, the law gives chance to the employee to hear his side before being removed from office.

If the two facets of valid termination were not observed, it could be safe to assume that
the case is an illegal dismissal. However, there are instances where cases me seem to look like a
valid dismissal, thus valid for filing, because the employer appears to have followed all the rules
considering the many technicalities to the process of dismissal. Even one of the requirements of
due process has not been completed, the dismissal could be illegal.

Non Litigation Remedies

In case of labor disputes, one does not simply go into automatically filing a case. The
Single Entry Approach (SEnA) must first be considered. SEnA is an administrative approach to
provide a speedy, impartial, inexpensive and accessible settlement procedure for all
issues/complaints arising from employer-employee relations to prevent them from ripening into
full blown disputes. Under this approach, all labor and employment disputes shall undergo a 30-
day mandatory conciliation-mediation process to effect settlement among the contending
parties.1 SEnA facilitates a peaceful settlement of labor disputes and prevents disputes from
escalating into labor litigation cases. SEnA, provides a private, non-confrontational settlement
1
https://blr.dole.gov.ph/2014/12/11/single-entry-approach-sena/

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agreement between parties without the authority of an arbiter or judge to resolve the dispute and
the active involvement of lawyers to represent a party. However, a lawyer must know when
SEnA is not applicable.

The following issues are not covered by SEnA:

a) Notices of strikes or lockouts, or preventive mediation cases which shall remain with the
National Conciliation and Mediation Board (NCMB);

b) Issues arising from the interpretation or implementation of the collective bargaining

agreement and those arising from interpretation or enforcement of company personnel policies
which should be processed through the Grievance Machinery and voluntary arbitration; and

c) Issues involving violations of the following permits, licenses or registrations: (Alien

Employment Permit (AEP), PRPA authority or license, Working child permit (WCP) and
violations of Republic Act No.9231 (Anti-Child Labor Law), Registration under Department
Order No. 18-02, POEA issued licenses under the Migrant Workers’ Act, as amended,
Professional license issued by the PRC, TESDA accreditations; and Other similar permits,
licenses or registrations issued by the DOLE or its attached agencies).2

When Resolution Is Not Possible

When resolution is not possible, a lawyer has an option to represent his client before the
Labor Arbiters, the National Labor Relations Commission (NLRC), Court of Appeals, and the
Supreme Court. However, a lawyer must take note of the prescription of the action, and the
jurisdiction of each case.

2
https://blr.dole.gov.ph/2014/12/11/single-entry-approach-sena/

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What to remember under the canons?

When advising upon the merits of one’s client’s case, the canon reminds all lawyers that
they should endeavor to obtain full knowledge of his client's cause before advising thereon, and
he is bound to give a candid opinion of the merits and probable result of pending or
contemplated litigation. Most often than not, miscarriages in justice is by reason of lawyers not
being able to endeavour to obtain full knowledge of his client's case. 3 The Canon also provides
that a lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.

Conclusion

In conclusion, when giving an advice to a client, in general, one must remember and
consider the canons provided in the code of professional responsibility for lawyers. This is the
very first thing a lawyer must remember when giving his advice. The canons will be the
backbone of every action a lawyer will do in relation to giving his advices to his client. Without
this, and without consideration to the responsibility of a lawyer, the Courts will be clogged and
injustice will prevail. Another point to consider is that in every case presented to a lawyer, the
resolution must be first be considered before opting to go on litigation. In this way, those cases
that are not really valid for litigation will not clog up the Courts and the clients will not be
subjected to unnecessary expenses in litigation.

In relation to labor cases, when giving an advice, the lawyers must know the non litigious
remedies when giving an advice to his client. He must also know the substantive law and the
procedural process to better determine the case of his client. He also needs to take note of the
prescription of every action and the jurisdiction in labor cases.

3
Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client's case, neither overstating nor understating the prospects of the case.