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LABOR STANDARDS
*Those paid by results, piece-work, pakyaw or task basis – are entitled to certain
benefits (Labor Congress v. NLRC, 290 SCRA 509)
Overtime Compensation
General Rule : cannot be waived
Exception : waiver of OT pay is in consideration of
benefits and privileges which may be more than the OT pay
MEAL TIME
General Rule: Minimum of 60 minutes
NO WORK, NO PAY
HOLIDAY PAY
Unworked 100%
Worked 200%
- IF ALSO REST DAY 260%
- should not have been absent without pay on the working day preceding the
holiday
WAGE DISTORTIONS
- an increase in prescribed wage rates resulting in the elimination or severe
contraction of intentional quantitative differences in wage or salary rates between
and among employee groups in an establishment as to effectively obliterate
the distinctions embodied in such wage structure based on skills, length of
service, or other logical bases of differentiations
Minimum Amount : not less than 1/12 of total basic salary earned within a calendar
year
*BASIC SALARY – for purposes of 13th mo. pay shall include all remunerations or
earnings paid by his employer for services rendered
- BUT DOES NOT INCLUDE: allowances and monetary benefits which are not
considered or integrated as part of the regular or basic
salary such as vacation and sick leave credits, overtime,
premium night differential, holiday pay and COLA
UNLESS by individual or collective agreement or
company practice or policy, they are treated as basic
salary.
BONUS
General Rule :Can't be demanded
Exceptions:
1. Given for a long period of time
2. Consistent & deliberate
3. Employer knew he was not required to give benefit
4. Employer continued giving benefit
5. Employer realizes profits
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
RECOVERY OF Wages, Simple Money Claims & Other Benefits - DOLE Regional
Director
Summary Proceeding
Claimant : employee or person in domestic or household service
Provided :
1. No claim for reinstatement
2. Aggregate claims of each employee or househelper does not
exceed P5,000
(even if it exceeds this, Regional Director may still enforce
based on inspection's findings in the nature of enforcement
action)
3. Claims arise from employer-employee relationship
Notice and Hearing
Resolution of Complaint within 30 days from filing (Appeal within 5 calendar
days to NLRC)
NLRC to resolve appeal within 10 calendar days from submission of last
pleading
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
EMPLOYMENT OF WOMEN
1. Nightwork Prohibition
a. Industrial Undertaking 10pm06am
b. Commercial or Non-industrial, or branch
thereof, other than agricultural 12am-6am
c. Agricultural Undertaking Nighttime, unless given a
period of rest not less than 9
consecutive hours
EXCEPTIONS:
Actual or impending emergencies to prevent loss of life/property or force majeure or
imminent danger to public safety
Urgent work to be performed to avoid serious loss to employer
Necessary to prevent serious loss of perishable goods
Holds a responsible position of managerial or technical nature or engaged to provide
health or welfare service
Nature of work requires the manual skill and dexterity of women workers and the same
cannot be performed with equal efficiency by male workers
Immediate members of the family operating the establishment or undertaking
Other analogous cases
5. Discrimination Prohibited
ACTS OF DISCRIMINATION:
Payment of lesser compensation for work of equal value
Favoring over promotion, training opportunities, study and scholarship grants
solely on account of their sexes
• Institution of any criminal action under this shall not bar the
aggrieved employee from filing an entirely separate and distinct
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LABOR LAW (STANDARDS AND RELATIONS)
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action for money claims, which may include claims for damages
and other affirmative relief
• Actions authorized shall proceed independently of each
other
7. Prohibited Acts
Deny benefits or discharge any woman employed to avoid giving benefits
Discharge such a woman on account of her pregnancy or while on leave
or in confinement due to her pregnancy
Discharge or refuse the admission of such woman upon returning to her
work for fear she may again be pregnant
EMPLOYMENT OF HOUSEHELPERS
- engaged in the employer's home, whose services are usually or desirable for
the maintenance and enjoyment thereof, and ministers exclusively to the
personal comfort and enjoyment of the employer's family
1. When Employable
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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a. necessary to prevent curtailment of employment opportunities AND
b. does not create unfair competition in labor costs or impair working
standards
LABOR RELATIONS
CHARTERING
- Issuance by Federation of charter certificate to a local/chapter
- copy of which shall be submitted to BLR within 30 days from
issuance
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
- in addition submit CBL and set of officers
- books of accounts are no longer required
Local/Chapter becomes an LLO only upon Submission of the ff. to the BLR / Regional
Office:
a. a charter certificate (Within 30 days from issuance)
b. CBL and statement of officers
- books of account are no longer required
A. Political Rights
1. Officers Directly elected
2. No person convicted of crime involving moral turpitude shall be eligible to be
an officer of union
3. Officers shall not be paid any compensation other than salaries and
expenses due to their positions as authorized by CBL or written resolution of
majority
D. Right To Be Informed
1. Full and detailed report of all financial transactions
2. All income and revenue evidenced by a record and every expenditure
evidenced by a receipt
3. Treasurer and Officers render a true and correct account of all moneys
received and paid : Since assuming office
Since last accounting
At least once a year w/ in 30 days from close of fiscal year
Other times as required by written resolution of majority
4. Books of account and financial records open to inspection by officer/member
during office hours
5. Duty of labor organization to inform members of contents of CBL, CBA and
their rights and obligations under existing labor laws
INTRA-UNION DISPUTES
General Rule :Relief must first be sought within the union itself in accordance
with its CBL which must be alleged in the petition
Exceptions :
Futility of intra-union remedies
Improper expulsion procedures
Undue delay as to constitute substantial injustice
Action for damages
Lack of jurisdiction of the investigating body
Action of the administrative agency is patently illegal, arbitrary and oppressive
Issue involved is purely a question of law
Administrative agency has already prejudged the case
Administrative agency was practically given an opportunity to act on the case
but did not
*Requirement for a complaint for Violation of by-laws and rights and conditions of
membership:
Minimum of 30% of the members of the Labor Organization
Exception :when such violation directly affects only 1 or 2 members,
then such number would be enough to report the violation and seek
redress with the CIR
VISITORIAL POWER
Who : Sec of DOLE or duly authorized representative
Re : Inquire into Financial Activities of LLO
Cause : Complaint under oath supported by the written consent at
least 20% of LLO's total membership
Prohibited : 1. 60 day freedom period
2. within 30 days immediately preceding election of union
officers
CLOSED SHOP - only union members can be hired and workers must
remain union workers/members to retain employment
MODIFIED UNION SHOP - employees who are not union members at the
time of the signing of the contract need not join the union, but all workers
hired thereafter should join
General Rule : All employees in the bargaining unit covered by the union security
clause are subject to its terms
Exception :
Any employee who at the time the agreement takes effect is a bona fide member of a
religious organization which prohibits its members from joining labor unions on
religious grounds
Employees already in the service and already members of a labor union or unions
other than the majority union at the time the agreement took effect
Supervisors ineligible under the Act to join the majority union because of the
membership therein of employees under their supervision
Employees excluded from the agreement by express terms
*REMEDIES:
1. Civil Aspects
- Labor Arbiter who shall resolve within 30 calendar days
from submission for decision
- recovery of civil liability in the administrative proceedings
shall bar recovery under the Civil Code
- substantial evidence enough
2. Criminal Aspects
- Must be proved independently from labor case
- Prosecution not possible until after finality of judgment in
the labor case
- Admin/civil judgment not evidence of ULP insofar as the
criminal case is concerned
- During the pendency of admin proceeding, the running of
prescription of criminal offense shall be interrupted
ULP OF EMPLOYERS
1. Restraint, interference or coercion in their exercise of the right to self-
organization
- no excuse that conduct was unintentional and innocent
- Totality of Conduct Doctrine : culpability of employer's remarks
were to be evaluated no only on the basis of their implicit implications,
but were to be appraised against the background of and in
conjunction with collateral circumstances (history of employer's labor
relations + anti-union bias)
- Doctrine of Successor-Employer : new company will be treated as
a continuation or successor of the one that closed in the new or take-
over company is engaging in the same business as the closed
company or department, or is owned by the same people, and the
"closure" is calculated to defeat the worker's organizational right in
which case the closure may be declared a subterfuge
2. Yellow Dog Contract - contract whereby an employee agrees that during the
period of his employment he will not become a member of a labor union
5. Indirect discrimination against someone who has filed charges or for having
given or about to give testimony against the employer under the Labor Code
7. Pay negotiation or attorney's fees to the union or its officers or agents as part
of the settlement of any issue in collective bargaining or any other dispute.
BARGAINING UNIT
- group of employees of a given employer comprised of all or less than all of the
entire body of employees, which the collective interests of all he employees,
consistent with equity to the employer, indicate to be the best suited to serve the
reciprocal rights and duties of the parties under the CBA
SECURITY OF TENURE
~ applies to all establishment or undertakings whether for profit or not
CLASSES OF EMPLOYEES
1. REGULAR
~ engaged to perform activities which are usually necessary or desirable in
the usual business or trade of the employer
2. PROJECT
~ one whose employment has been fixed for a specific project or
undertaking the completion of which has been determined at the time of
engagement of the employee (SO EVEN IF MORE THAN I YR., NOT
NECESSARILY REGULAR)
*becomes regular if:
a. Job is usually necessary or desirable in the usual business or trade
AND
b. Repeated rehiring
3. SEASONAL
~ one whose work or services to be performed is seasonal in nature and
the employment is for the duration of the season
4. CASUAL
~ activity performed is not usually necessary or desirable in the usual
business or trade of the employer, not project and not seasonal
Except: if he has rendered at least 1 year of service, whether such service is
continuous or broken = considered a REGULAR employee with respect to the
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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activity in which he is employed and his employment shall continue while
such activity exists
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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5. PROBATIONARY
~ General Rule: Not Exceed 6 mos.
Except:
1. covered by an apprenticeship agreement stipulating a longer period
2. voluntary agreement of parties (especially when the nature of the
work requires a longer period)
3. the employer gives the employee a second chance to pass the
standards set
~ may be terminated a) just cause
b) when he fails to qualify as a regular
employee in accordance with reasonable
standards made
known by the employer to employee at
the time
of his engagement
~ if allowed to work after the probationary period, he shall be considered a
REGULAR employee
6. FIXED TERM
~ allowed if:
- period is agreed upon knowingly and voluntarily by the parties
without force, duress, or improper pressure exerted on the employee
- satisfactorily appears that employer and employee dealt with each
other on more or less equal terms with no moral dominance exercised
by the employer on the employee
- term employment is not resorted to defeat the rights of the
workers’ rights
TERMINATION
JUST CAUSE
a. GROUNDS
1. Serious misconduct or willful disobedience by the employee of the
lawful orders of his employer or representative in connection with his
work (work-related)
2. Gross and habitual neglect by the employee of his duties
3. Fraud or willful breach by employee of the trust reposed in him by his
employer or duly authorized representative (not mere suspicion)
4. Commission of a crime or offense by the employee against the person
of his employer or any immediate member of his family or duly
authorized representative
5. Other causes analogous to the foregoing
b. ABANDONMENT
~ means the deliberate, unjustified refusal of an employee to resume
his/her employment.
~ Two elements must be proved:
- the intention to abandon; and
- an overt act from which it may be inferred that the employee has no
more intent to resume his/her work.
~ this is negated by immediate filing of an action for ILLEGAL
DISMISSAL
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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c. DUE PROCESS
1. written notice containing a statement of the causes for termination
2. a hearing or conference where the employee, who may be assisted by
counsel if he so desires, is given the opportunity to respond to the
charge, present his own evidence, or rebut evidence against him
3. written notice of termination served on the employee indicating that
grounds have been established to justify his termination based on due
consideration of all the circumstances
4. right to contest the validity or legality of his dismissal by filing a
complaint with the NLRC
5. burden of proof is with the employer
6. SUSPENSION OF EFFECTS PENDING RESOLUTION = if there is a
prima facie finding that the termination may cause a serious labor
dispute or is in implementation of mass layoff, the Secretary of Labor
may suspend the effects of the termination
RESIGNATION
PREVENTIVE SUSPENSION
~ justified where the employee’s continued employment poses a serious
and imminent threat to the life or property of the employer or of his co-
workers
~ must not exceed 1 month
~ only for the purpose of investigating the offense to determine whether he
is to be dismissed or not
~ if more than 1 month, the employee must be actually reinstated or
reinstated in the payroll
~ officers liable only if with malice and bad faith
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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AUTHORIZED CAUSES
a. GROUNDS
1. introduction to labor-saving devices
~ view to effecting more economy and efficiency in its method of
production
2. redundancy
~ exists where the services of an employee are in excess of what is
reasonably demanded by the actual requirements of the enterprise
~ a position has become superfluous as an outcome of a number of
factors such as overhiring of workers, decreased volume of business,
dropping of a particular product line or service activity previously
manufactured or undertaken by the enterprise (THUS IT ONLY
REQUIRES SUPERFLUITY NOT DUPLICATION OF WORK)
3. retrenchment
~ resorted primarily to avoid or minimize business losses
~ criteria of who to lay off (1) less preferred status
(2) efficiency rating
(3) seniority
(4) performance
~ standards of retrenchment
a. losses expected should be substantial and not merely de
minimis in extent
b. substantial loss apprehended must be reasonably imminent
c. retrenchment must be reasonable necessary and likely to
effectively prevent the expected losses
d. alleged losses, if already realized, and the expected imminent
losses sought to be forestalled, must be proven by sufficient
and convincing evidence
4. closure of business as a result of grave financial loss
5. closure not due to losses
B. KINDS:
1. OPTIONAL - 60 years old / 5 years in service (includes authorized
absences/vacations/regular holidays/mandatory military or civic
service)
2. COMPULSORY - 65 years old/ regardless or years of service
(company not bound to dismiss employee)
C. BENEFITS:
- 1/2 month salary per year of service which shall include:
1. 15-day basic wage, plus
2. 1/12 of the 13th month pay, plus
3. 5-day Service incentive leave pay plus
* a fraction of at least 6 mos. considered as one whole year
4. other benefits as maybe agreed upon by er and ee
DISPUTE SETTLEMENT
A. 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
B. Labor Arbiters/NLRC
1. JURISDICTION = Labor Arbiter NLRC CA
~ Cases involving all workers, whether agricultural or non agricultural:
a. ULP cases (may include claims for actual, moral, exemplary and other
forms of damages, attorney's fees, other affirmative relief)
b. termination disputes
c. 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
d. claims for actual, moral, exemplary and other forms of damages,
arising from the employer-employee relationship
e. cases arising from any violation of Art.264 of the Labor Code,
including questions involving the legality of strikes and lockouts
f. Except claims for EC, SSS, Medicare and maternity benefits, all other
claims arising from employer-employee relations, including those of
persons on domestic or household service, including an amount
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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exceeding P5,000 regardless of whether accompanied with a claim for
reinstatement
2. JURISDICTION = NLRC
~ EXCLUSIVE appellate jurisdiction over all cases decided by Labor Arbiters
5. PROCEDURE
~ the rules of evidence prevailing in courts of law or equity shall not be
controlling
~ it is the spirit and intention of this Code which shall be used as reasonable
means to ascertain the facts in each case
~ without regard to technicalities of law and procedure all in the interest of
due process
~ parties may be represented by legal counsel but it shall be the duty of the
Chairman, any presiding Commissioner or commissioner or any labor arbiter
to exercise compete control of the proceedings at all stages
7. APPEAL
~ WHEN: within 10 calendar days from receipt of decision of LA
~ GROUNDS:
a. prima facie evidence of abuse of discretion on the part of LA
b. the decision, order or award was secured through fraud or coercion
including graft and corruption
c. pure questions of law
d. raised serious errors in the findings of facts which could cause grave
or irreparable damage or injury to the appellant
~ ADDITIONAL REQUIREMENT: in case of judgment involving a monetary
award-employer (appellant) may perfect the appeal only upon the posting of a
cash or surety bond issued by a reputable bonding company duly accredited by
the NLRC in the amount equivalent to the monetary award in the judgment
appealed from
1. JURISDICTION
a. Inter-union conflicts
b. Intra-union conflicts
c. All disputes, grievances or problems arising from or affecting labor-
management relations in all workplaces EXCEPT those arising from the
implementation or interpretation of the CBA which shall be the subject of
grievance procedure and/or voluntary arbitration
2. COMPROMISE AGREEMENTS
~ if voluntarily agreed upon by the parties with the assistance of the BLR or
the regional office of DOLE final and binding upon the parties
~ the only time NLRC or any courts can assume jurisdiction over issues
involved therein:
a. in case of non-compliance thereof
b. if there is prima facie evidence that the settlement was
obtained through fraud, misrepresentation or coercion
5. PRIVILEGED COMMUNICATION
~ information and statements made at conciliation meetings shall NOT be
used as evidence in the NLRC
~ conciliators and similar officials shall not testify in any court or body
regarding any matters taken up at conciliation proceeding conducted by them
6. APPEAL
~ within 10 calendar days to the Secretary
~ GROUNDS: a. grave abuse of discretion
b. gross incompetence
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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LABOR LAW (STANDARDS AND RELATIONS)
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SUMMARY OF JURISDICTION
A. VOLUNTARY ARBITRATORS
~ supervised by National Conciliation and Mediation Board (NCMB)
~ cases decided within 20 calendar days, final within 10 calendar days
1. unresolved grievances arising from the interpretation or implementation of the
CBA EXCEPT gross violation of the CBA
~ unresolved within 7 cal days from submission to grievance machinery
2. unresolved grievances arising from the interpretation or enforcement of
company personnel policies
3. upon agreement of parties = any dispute
B. MED-ARBITERS/BLR
1. petition for certification election (Regional Director)
2. registration of CBA/ Labor Organization
3. inter-union conflicts (representation issue/cancellation of registration)
4. intra-union conflicts (election of officers/ compliance with CBL)
5. all disputes, grievances, or problems arising from or affecting labor
management relations in all workplaces whether agricultural or non-
agricultural EXCEPT those arising from the implementation or interpretation
of CBA
C. POEA
~ appeal to Secretary of DOLE within 10 calendar days
1. cancellation/ revocation/ supervision of license or authority
~ appeal to NLRC within 10 calendar days
2. violation of overseas employment contracts
3. disciplinary cases filed against overseas contract workers
~ original and exclusive jurisdiction over all claims arising out of an employer-
employee relationship or by virtue of any law or contract involving Filipino
overseas workers including disciplinary cases; and all pre-employment cases
which are administrative in character involving or arising therefrom, or violations
of the conditions for issuance of license or authority to recruit workers
D. LABOR ARBITERS/NLRC
~ appeal within 10 calendar days
1. ULP (priority resolved within 30 calendar days from submission for
decision)
2. termination disputes
3. claims for 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
employer-employee relationship
5. cases arising from prohibited activities during strikes, including questions
involving the legality of strikes and lockouts
6. all other claims arising from employer-employee relationship involving an
amount exceeding P5000 regardless of whether accompanied by a claim for
reinstatement except ECC, SSS, Medicare, & maternity benefits
E. REGIONAL DIRECTORS
1. Secretary of DOLE enforcement power (inspection) = no limit to claims
2. adjudicatory power maximum of P5000 total claim/employee
~ summary appeal to NLRC within 5 calendar days
3. violation of the CBL and right and conditions of membership
ATTORNEY'S FEES
- Proceeding for recovery of wages
~ may be assessed against monetary benefits awarded (10%)
- CBA negotiations
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LABOR LAW (STANDARDS AND RELATIONS)
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~ charged against union funds in an amount to be agreed upon by parties
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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Certification election
• Requirement for valid election -- majority of all eligible voters cast their
votes
• Union to be certified -- labor union receiving majority of the valid votes
cast
Procedure:
Petition with decided w/in 20 file appeal w/ Reg’l Ofc but 15 days to decide;
Deci-
Med-Arbiter working days it is Secretary who decides sion final &
unappealable
Run-off election
(within 5 calendar days from close of election)
3 or more choices
o results of election - no choice received majority of valid votes cast
o total # of votes for all contending unions at least 50% of total votes
cast
THUS: conducted between labor unions receiving the 2 highest number of votes
Presumption: valid election, i.e. majority of eligible voters voted
election proper
- any party in interest may protest to be recorded in the minutes, otherwise, it is deemed
waived
(Protests must be formalized with Med-Arbiter within 5 days from close of election
proceedings)
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
If no protest, election officer proclaims and When a protest is perfected or any
certifies results challenge or eligibility issue raised, only the
Med-Arbiter can proclaim and certify the
winner within 20 working days from filing
Contents of Notice :
1 date of election
2 names of contending parties
3 description of bargaining unit
4 list of eligible voters
1) certification year -- w/in 1 yr. from issuance of a final certification election result
Exception: unusual circumstances exist as when a change in the structure of the
membership of the contracting union occurs in such a way that a reasonable
doubt arises as to whether it remains the labor union which the employees
desired to represent them in the first place with an accompanying change in the
officials, constitution, by-laws, and bargaining authority of the contracting union.
4) negotiations bar -- when the duly recognized or certified union has commenced
negotiations with the employer in accordance with Article 250 of the Labor Code
within the one-year period of a certification year
Bargaining Representative -- LLO or any duly authorized officer or agent of such organization
whether or not employed by the employer
Certification Election -- process of determining, through secret ballot, the sole and exclusive
bargaining unit for purposes of collective bargaining
Consent Election -- election voluntarily agreed upon by the parties to determine issue of
majority representation of all workers in the appropriate collective
bargaining unit
- where a petition for CE had been filed and, upon the intercession
of the Med-Arbiter, the parties agree to hold a consent election, the
results thereof shall constitute a bar to the holding of a CE for one
year from the holding of such consent election
- where no PCE had been filed but the parties have agreed to hold
a consent election, the results thereof shall not constitute a bar to
another CE, unless the winning union had been voluntary
recognized.
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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Run-off Election -- election between the labor unions receiving the 2 highest number of votes
when a certification election which provides for 3 or more choices results in no choice receiving
majority of valid votes cast, where the total number of votes for all contending unions is at least
50% of the number of votes cast
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LABOR LAW (STANDARDS AND RELATIONS)
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When filed
a) absence of CBA duly-registered -- any time
Except: certification year-rule (not w/in 1 year from issuance of
final C.E. result) deadlock bar rule (submitted to
conciliation/arbitration OR had become the subject of a valid
notice of strike/lockout
b) with a CBA duly-registered -- during the freedom period
25% support
BARGAINING NEGOTIATIONS
Request to Bargain by union => Counter-Proposal w/in 10 calendar days or reasonable period
of time
Voluntary Arbitration :
- involves interpretation/construction of : CBA
Company Personnel Policies
any person accredited by the NCMB as such or any person named or designated in the
CBA by the parties to act as their voluntary arbitrator
one chosen with or without the assistance of the NCMB pursuant to a selection procedure
agreed upon in the CBA or any official that may be authorized by the Secretary of Labor and
Employment t act as voluntary arbitrator upon the written request and agreement of the
parties to a labor dispute.
Powers:
holds hearings
receive audience
take whatever action is necessary to resolve the issue subject of the dispute
Procedure:
all parties entitled to attend proceedings
adjournment for cause or upon agreement of the parties
Cost:
proportionate sharing scheme in the CBA
fixing of fee (factors to be considered)
a. nature of the case
b. time consumed in hearing the case
c. professional standing of the voluntary arbitrator
d. capacity to pay of the parties
e. fees provided for in the Rules of Court
shared equally by parties unless agreed otherwise
Labor-Management Committee
no LLO exists
formed voluntarily by workers and employees for the purpose of promoting
industrial peace
Labor-Management Council
organized establishment
enable workers to participate in policy and decision making process in the
establishment insofar as said processes will directly affect their rights, benefit and
welfare except those which are covered by CBA's or are traditionally areas of
bargaining
Labor-Management Committee
- both management and labor shall have equal voting rights
- representations of labor
organized -- designated by the Collective bargaining agents in the bargaining unit
unorganized -- elected by at least a majority of all rank and file employees who
have rendered at least 6 months of continuous service
Internal Union Dispute - includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by-laws of a
union, including any violation of the rights and conditions of union
member ship provided for in this Code
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LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
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Strike Breaker -- any person who obstructs, impedes, or interferes with by force, violence,
coercion, threats, or intimidation, any peaceful picketing by employees
during any labor controversy affecting wages, hours, and conditions of work
or in the exercise of the right of self-organization or collective bargaining
Strike Area : -- establishment, warehouses, depots, plants or offices, including the sites or
premises used as run-away shops of the employer struck against as well as
the immediate vicinity actually used by picketing strikers in moving to and fro
before all points of entrance to and exit from said establishment
Peaceful Means :
Violence not pervasive and widespread
Ingress and egress rule
*President of the PI : may determine the industries, which are in his opinion indispensable to
national interest. He may intervene at any time and assume jurisdiction over any such labor
dispute in order to settler or terminate the same
*Decision of the President, Secretary of labor, NLRC => final and executory after receipt thereof
by the parties
PROHIBITED ACTIVITIES:
1) strike or lock-out without first having bargained collectively
2) strike or lock-out without the necessary notice being filed with the DOLE
3) strike or lock-out without the necessary vote first having been obtained and reported to
the DOLE
4) strike or lock-out after DOLE has assumed jurisdiction or the President or after
certification or submission of dispute to the compulsory arbitration/voluntary
arbitration or during the pendency of cases involving the same grounds for the strike
or lockout
5) knowingly participating in illegal strike/knowingly participates in the commission of
illegal acts during a strike ground for termination of employment
6) obstruct, impede, or interfere with by force, violence, coercion, threats, or intimidation
any peaceful picketing by employees during any labor contriversy or shall abeit or aid
such obstruction or interference
7) employment or use of any strikebreaker/ employed as a strike breaker
8) bringing in, introducing, or escorting by any public officer or employee, including
officers and personnel of the AFP or PNP, or any armed person in any manner of
any individual who seeks to replace strikers in entering or leaving the premises of a
strike area or work in place of strikers
9) commit any act of violence, coercion or intimidaion while engaged in picketing or
obstruct the ingress or egress from the employer's premises for lawful purposes or
obstruct public thoroughfares
(must be pervasive and widespread/consistently and deliberately resorted
to as a matter of policy)
**See Sec. 7 (g) of D.O. 9 regarding prohibition on contracting out a job, work or service
directly related to the business or operation of the principal by reason of a strike or
lockout whether actual or imminent.
1) elements of the Police Force should first be called upon to render assistance
2) when it is unavailable or inadequate, CAPCOM or METRODISCOM may call upon the
Constabulary to render assistance
3) personnel from the army, Navy, or Air Force only when directed by the President or
personally by the Secretary of National Defense upon consultation with the Secretary of
Labor and Employment or when requested by the latter.
*Personnel related by affinity or consanguinity within the 4th civil degree to any official/leader of
the parties in the controversy or has any financial or pecuniary interest therein - not allowed to
render services in connection with a strike or lock-out
PEACE-KEEPING DETAIL
• personnel detailed shall be in uniform, with proper namecloth at all times,
personnel shall observe strict neutrality in his dealings with both parties to the
controversy
• stationed such that their presence may deter the commission of criminal acts
from either side
• maintain themselves outside a 50 meter radius from the picket line except if the
50 meter radius includes a public thoroughfare, they may station themselves in such
public thoroughfares for the purpose of insuring the free flow of traffic
Administrative Jurisdiction
• determination of whether a strike, picket or lock-out is legal or not should be left
to DOLE
• personal escort only upon direction of competent authority
• other party shall be informed accordingly
• all escorts shall be in uniform at all times
Socializing/Liaison
• discouraged from socializing with any of the parties involved during the pendency
• shall not, under any pretext, accept an invitation from either of the parties
• liaison established and maintained with representatives of DOLE, mgmt., and
union for the purpose of maintaining peace and order as well as to maintain a
continuing peaceful dialogue
Administrative Action
• all complaints/reports leveled against any personnel of the INP/AFP on the
occasion of strike/lock-out shall be acted with dispatch
35
LABOR LAW (STANDARDS AND RELATIONS)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
• whenever applicable, and if the evidence so warrants, appropriate disciplinary
action shall be takes against the erring personnel