Professional Documents
Culture Documents
A PIECE OF ADVICE TO BAR REVIEWEES 1. 2. The notes do not repeat the codal articles. Therefore, read and reread the acticles before you read the annotations. Take down notes from the review lecturer.
PRELIMINARY TITLE
Chapter I GENERAL PROVISIONS
1. 2. 3. What are the objectives of Philippine labor laws?* Are our labor laws biased in favor of labor and against capital? Does the Labor Code apply to government employees or only to those in the private sector?
ARTICLE 1. NAME OF DECREE. This Decree shall be known as the Labor Code of the Philippines.
NOTES
This Labor Code is the principal labor law of the country. It contains most of our labor laws, such as those on illegal recruitment, wages of workers, rights of union members, collective bargaining, and employment termination. It also deals with the rights of employers, such as the right to make and enforce reasonable regulations, to reorganize and economize, and to lay off lazy and undisciplined employees. The Labor Code has gathered in one volume some 60 pieces of law which were in force when the codication began in 1968, such as the Eight-hour Labor law, the Minimum Wage law, and the Termination Pay Law. But even now there are labor laws that are not found in the Labor Code. Examples are the laws on the thirteenth month pay, on paternity leave, and on sexual harassment. Still, knowing the Labor Code is knowing the major component of our labor laws. This Code is a piece of social legislation, referring to a broad category of laws that protect or promote the welfare of society or segments of it in furtherance of social justice. Social legislation is conceptually broader than labor laws. Aside from the labor laws already mentioned, some examples of social legislation are the social security law, the agrarian reform law, and the law on migrant workers.
*The boxed questions are not part of the Code. They are added as chapter previews.
HOURS OF WORK
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5. PAYMENT OF WAGES Wages shall be paid in cash, legal tender at or near the place of work Payment may be made through a bank upon written petition of majority of the workers in establishments with 25 or more employees and within one kilometer radius to a bank Payment shall be made directly to the employees Wages shall be given not less than once every two weeks or twice within a month at intervals not exceeding 16 days Preference of workers money claims over government and other creditors in case of bankruptcy or liquidation of business Labor-only contracting is prohibited and the [so-called] contractor is considered merely as an agent of the employer Nightwork prohibition unless allowed by the Rules In industrial undertakings from 10 PM to 6 AM In commercial/non-industrial undertakings from 12 MN to 6 AM In agricultural undertakings, at night time unless given not less than 9 consecutive hours of rest Welfare facilities at the workplace such as seats, separate toilet rooms, lavatories, dressing rooms Prohibition against discrimination with respect to pay (i.e., equal pay for work of equal value), promotion, training opportunities, study and scholarship grants Minimum employable age is 15 years. A worker below 15 should be directly under the sole responsibility of parents or guardians; work does not interfere with childs schooling/normal development; with work permit from DOLE No person below 18 can be employed in a hazardous or deleterious undertaking
6. EMPLOYMENT OF WOMEN
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SAFE AND HEALTHFUL CONDITIONS OF WORK AND WELFARE SERVICES Proper illumination and ventilation, fire exits and extinguishers, occupational health personnel and services, family welfare/family planning services at the workplace, etc.
9. 10. 11.
SELF-ORGANIZATION AND COLLECTIVE BARGAINING LABOR EDUCATION THRU SEMINARS, DIALOGS AND INFORMATION, EDUCATION AND COMMUNICATION MATERIALS PEACEFUL CONCERTED ACTIVITIES IN ACCORDANCE WITH LAW
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PARTICIPATION IN POLICY AND DECISION-MAKING PROCESSES AFFECTING THEIR RIGHTS AND BENEFITS FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND SPEEDY DISPOSITION OF THEIR CASES ECC BENEFITS FOR WORK-RELATED CONTINGENCIES Medical benefits for sickness/injuries Disability benefits Rehabilitation benefits Death and funeral benefits Pension benefits Maternity, sickness, disability, retirement, death and pension benefits
15.
SSS BENEFITS
To the list of paid leaves should be added the solo parents leave (under R.A. No. 8972) and the so-called battered woman leave (under R.A. No. 9262), both of which are available under certain conditions. Another recent addition to paid absences of women workers is the two months special leave (or surgical leave) with full pay under R.A. No. 9710, approved on August 14, 2009, known as the Magna Carta of Women. CAA
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To the hands that provide Food and Freedom, Jobs and Justice. . (Whose hands are they?)
The only way to craft labor laws, the only way to teach them, the only way to apply them is by balancing the rights and interests of both labor and capital. They are not separate but inseparable components of the same unit: the economy. Lopsidedly favoring one will debilitate the other: a mound on one is a dent on the other. Debilitating one will debilitate the whole. This is not the way to distribute wealth, not the way to Social Justice.
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Everyones
L ABOR CODE
C. A. AZUCENA, JR.
Fifth Edition 2007
April 2010 Update
Book Store
856 Nicanor Reyes, Sr. St. Tel. Nos.: 735-1364 736-0567 1977 C.M. Recto Avenue Tel. Nos.: 735-5527 735-5534 Manila, Philippines www.rexpublishing.com.ph ix
Philippine Copyright 1997, 2000, 2001, 2006, 2007 by CESARIO ALVERO AZUCENA, JR. Practitioner, Professor, Bar Reviewer 1997 edition (three reprintings) 2000 edition (two reprintings) 2001 edition (six reprintings) 2006 edition 2007 edition
ISBN-978-971-23-4970-6
Notice: (1) This work provides helpful information but is not meant to be a self-contained advisor; readers facing a dispute may need assistance from an expert professional. (2) The Notes to the Articles are mostly substantive and careful summaries of court rulings, but they do not substitute for the original sources. REPRINTED: April 2009
Printed by:
Everyones
L ABOR CODE
A juristic science which conceives of law as a rule of conduct could not consistently have laid down a principle that men are bound by the law even though they do not know it; for one cannot act according to a rule that one does not know. On the contrary, it ought to have discussed the question how much of a given legal material is known as a rule of conduct and is followed as such, and, at most, what can be done to make it known. Eugen Ehrlich (1862-1922)
Our main premise is that quality education and training, plus good human relations (batas ng samahan), plus harmonious labor relations (batas ng bayan), equals productivity and competitiveness for the Filipino work force and human resource!! ARTURO D. BRION Secretary Department of Labor and Employment
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PREFACE
More than the fundamentals, but...
This work aspires to bring the labor laws to wide public awareness. Law writers and law teachers, I think, have a responsibility to tell the laws to the people, not just to lawyers and law students. Because laws exist to address public concerns, the people themselves should be adequately informed of the laws; otherwise, lawmaking is only half-done. And public information is most gravely needed of laws that affect the mass of workers, such as the labor laws. Sadly, though, most Filipino workers and many business owners and managers are uninformed of their rights and responsibilities. Public Labor Education as a cause deserves support. This book aims to popularize labor law fundamentals in a manner suited to lay readers. Most of the Labor Code articles the key or significant provisions are supplemented with Notes written succinctly and simply in nonlegalistic style. Many of the Notes quote or condense court rulings, and I have taken great care that the gists captured the rulings accurately. I have not traded correctness for simplicity. This edition also reflects many changes made by implementing rules recently released, mostly those under Department Orders Nos. 18-02, 40-03 and 57-04. Also reflected are the 2002 Rules of the POEA and the NLRC Revised Rules of Procedure that took effect on January 7, 2006. Considering its varied sources the Labor Code itself, administrative regulations, court rulings, and special laws the book therefore goes beyond the fundamentals. I owe the readers nothing less. To them, I take the liberty to address some thoughts. SPECIAL WORDS ... ... tO PEOPLE MAnAgERS AnD BuSInESS StuDEntS: A people manager does not have to be a lawyer because people management is not all law. But I believe that no people manager, present or prospective, can be confident and competent without a working knowledge of the labor laws because they affect the various human resource management functions. Selection and placement of employees are affected by laws found in Books I, III, V, and VI of the Code; training and development, by some articles in Books II and V; salary and benefits administration, by Books III and V; employment and union relations, by Books III, V, and VI. Labor laws are either prescriptions or boundaries or both. Where they are prescriptions or commands, such as the minimum labor standards, they have to be obeyed, or replaced only by permissible substitutes. Where they are
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boundaries, such as the law against anti-unionism, they can be transgressed only with damaging effects. Either way, knowledge of labor laws is elemental in competent and effective management of people. The same competence is expected of union leaders. Responsible and effective unionism is remote where knowledge of and respect for labor laws are deficient or absent. ... tO LAW StuDEntS: One who is seriously aspiring to become a lawyer should not be contented with this book. Although this book presents a little more than the fundamentals, it is not a substitute for the textbooks in Labor Standards and Labor Relations. This book contains explanations of labor law provisions as well as gists of court rulings, but they are severely selective and condensed. Omitted are rationales of doctrines, many court rulings, and many advanced issues. For one to pass the bar exam, one needs a solid foundation, a foundation that only comprehensive textbooks can build. I say, then, quite frankly, that this book does not provide a solid grounding in labor law such as a lawyer, a people manager, or an aspiring lawyer needs. ... AnD BAR REvIEWEES: Because law students use this book in their bar review, I have profusely enriched it as a reviewer. New topics and significant Supreme Court rulings are added to this edition. But this reviewer is not in question-and-answer format. With due respect to other authors, I have misgivings about Q-and-A reviewers. Firstly, I believe that the question-and-answer format constricts rather than expands the student's understanding of concepts. The question is a box, the answer must fit the box. Once the question is changed the stock answer will not fit. To understand precepts and concepts, the mind, I believe, must be free to explore and free to ask questions outside the box. The way to learning, according to educatorphilosopher John Dewey, is through inquiry, not through memorizing or readymade devices. Secondly, in a Q-and-A reviewer the particular points of law come out piece by piece, in disjointed fashion. Unless joined together they do not show the broad picture. The oft-repeated advice says that a bar reviewee must first master the codal provisions before the annotations. This advice is easier to follow if the provisions, particularly the concepts, are not scattered in chop-chop form, or subsumed in questions. Finally, much time is spent in reading and understanding the questions instead of the texts of the statutes and decisions. This, I think, is unwise use of precious time. For these three reasons I do prefer the open instead of the boxed type of reviewer. But, I do acknowledge that there exist two or three Q-and-A reviewers that are so masterly crafted they crystallize their subjects.
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If this book, despite its shortcomings, would contribute a bit to the labor education of the people or to the success of students and managers, then all the efforts it demanded would have been well spent. In the process I certainly tried to write simply and clearly learning from the style of great essayists (Adler, Bernas, Heilbroner, Russell, etc.) because I was mindful of the counsel of Justice Learned Hand: The language of the law must not be foreign to the ears of those who are to obey it. Up to this point you have been reading the preface of this books 2006 edition. I have adopted it for this 2007 edition because while the changes here are important, they are few and far between. Articles 213 to 216 about the NLRC have been amended by R.A. No. 9347 which lapsed into law in July 2006. The other new matters are gists of recent and significant Supreme Court rulings such as those about manpower service cooperatives doing labor-only contracting, about primacy of voluntary arbitration, and about dismissal of an employee for having married a co-employee. Also reflected here are the fresh changes made by R.A. No. 9481 (strengthening of labor federations) and by R.A. No. 9492 (about the so-called holiday economics). As last-minute update, we appended the just-released DOLE Circular about contractor cooperatives. The rest of the changes are mostly sentence and diction improvements. The book is careful about what it says and how it is said. But, very likely, imperfection persists. CAA Mandaluyong City and San Pablo City August 3, 2007
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TABLE OF CONTENTS
Preface, xii Acronyms, xxxv
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Premature Termination of Contract, 19 Three Months Pay Under R.A. No. 8042, 19 Seafarers as Contractual Employees, 19 Art. 18. Ban on Direct-Hiring, 19 Art. 19. Office of Emigrant Affairs, 19 Art. 20. National Seamen Board, 20 Minimum Employment Conditions, 21 Freedom to Stipulate, 22 Art. 21. Foreign Service Role and Participation, 22 Art. 22. Mandatory Remittance of Foreign Exchange Earnings, 23 Art. 23. Composition of the Boards, 23 Art. 24. Boards to Issue Rules and Collect Fees, 23 The OWWA, 24 Repatriation of Workers, 24 Chapter II REGULATIONS OF RECRUITMENT AND PLACEMENT ACTIVITIES ........................................ Art. 25. Private Sector Participation in the Recruitment and Placement of Workers, 25 Art. 26. Travel Agencies Prohibited to Recruit, 25 Art. 27. Citizenship Requirement, 25 Art. 28. Capitalization, 25 Art. 29. Non-Transferability of License or Authority, 26 Art. 30. Registration Fees, 26 Art. 31. Bonds, 26 Art. 32. Fees to be Paid by Workers, 26 Art. 33. Reports on Employment Status, 27 Art. 34. Prohibited Practices, 27 Art. 35. Suspension and/or Cancellation of License or Authority, 28 Chapter III MISCELLANEOUS PROVISIONS ...................................... Art. 36. Regulatory Power, 30 Art. 37. Visitorial Power, 30 Art. 38. Illegal Recruitment, 30 Illegal Recruitment Redefined, 31 Who is Liable, 31 Estafa, 32 Unconstitutional, 32 Art. 39. Penalties, 32 Venue, 33 Prescriptive Periods, 33 30 25
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Art. 79. When Employable, 51 Art. 80. Employment Agreement, 51 Art. 81. Eligibility for Apprenticeship, 51
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Title II WAGES
Chapter I PRELIMINARY MATTERS .................................................... Art. 97. Definition, 79 Fair Wage for Fair Work, No Work-No Pay Principle, 80 Equal Pay for Equal Work, 80 Wage Includes Facilities or Commodities, 80 Facilities Distinguished from Supplements, 80 Art. 98. Application of Title, 81 Chapter II MINIMUM WAGE RATES .................................................... Art. 99. Regional Minimum Wages, 83 Daily-paid or Monthly-paid, 83 Agricultural and Industrial Rates, 84 Art. 100. Prohibition Against Elimination or Diminution of Benefits, 84 Thirteenth Month Pay, 86 Tax Exemption, 86 Art. 101. Payment By Results, 87 Chapter III PAYMENT OF WAGES ........................................................ Art. 102. Forms of Payment, 89 Art. 103. Time of Payment, 90 Art. 104. Place of Payment, 90 Art. 105. Direct Payment of Wages, 90 Art. 106. Contractor or Subcontractor, 91 Employer-Employee Relationship in Contracting Arrangement, 91 Contractor and Contracting Defined, 92 Principals Liability to Contractors Employees, 93 Labor-only Contracting, 93 Amendments by D.O. No. 10, then by D.O. No. 18-02, 94 LOC under Section 5 of D.O. No. 18-02, 95 Cooperative as Labor Contractor, 96 Former Employees as Contractors, 97 More Prohibitions Under Section 6, 97 Rights of Contractors Employees, 98 Art. 107. Indirect Employer, 99 Art. 108. Posting of Bond, 99 Art. 109. Solidary Liability, 99 Art. 110. Worker Preference in Case of Bankruptcy, 100 Art. 111. Attorneys Fees, 100 Chapter IV PROHIBITIONS REGARDING WAGES ............................. 102 Art. 112. Non-Interference in Disposal of Wages, 102 Art. 113. Wage Deduction, 102 Art. 114. Deposits for Loss or Damage, 103 Art. 115. Limitations, 103 Art. 116. Withholding of Wages and Kickbacks Prohibited, 104 Art. 117. Deduction to Ensure Employment, 104 89 83 79
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Art. 118. Retaliatory Measures, 104 Art. 119. False Reporting, 104 Chapter V WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION .......................................... 105 Art. 120. Creation of National Wages and Productivity Commission, 105 Art. 121. Powers and Functions of the Commission, 105 Art. 122. Creation of Regional Tripartite Wages and Productivity Boards, 106 Art. 123. Wage Order, 107 Art. 124. Standards/Criteria for Minimum Wage Fixing, 108 Wage Distortion, 110 Effort to Rectify, 110 Amount of Distortion Adjustment, 111 Salary Distortion Viewed Regionally, 111 Employer-initiated Salary Restructuring, 112 Art. 125. Freedom to Bargain, 112 Art. 126. Prohibition Against Injunction, 112 Art. 127. Non-Diminution of Benefits, 112 Chapter VI ADMINISTRATION AND ENFORCEMENT ....................... 115 Art. 128. Visitorial and Enforcement Power, 115 Art. 129. Recovery of Wages, Simple Money Claims and Other Benefits, 117 D.O. No. 57-04: The Enforcement Framework, 119
Chapter III EMPLOYMENT OF HOUSEHELPERS ............................... 127 Art. 141. Coverage, 127
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Art. 142. Contract of Domestic Service, 127 Art. 143. Minimum Wage, 127 Art. 144. Minimum Cash Wage, 128 Art. 145. Assignment to Non-Household Work, 128 Art. 146. Opportunity for Education, 128 Art. 147. Treatment of Househelpers, 128 Art. 148. Board, Lodging and Medical Attendance, 128 Art. 149. Indemnity for Unjust Termination of Services, 128 Art. 150. Service of Termination Notice, 128 Art. 151. Employment Certification, 128 Art. 152. Employment Records, 129 Chapter IV EMPLOYMENT OF HOMEWORKERS ............................... 130 Art. 153. Regulation of Industrial Homeworkers, 130 Art. 154. Regulations of Secretary of Labor, 130 Art. 155. Distribution of Homework, 130
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Cancer, 142 Employment Incidents, 142 Outings and Picnics, 142 Beneficial to Employer, 143 Dual Purpose Doctrine, 143
Chapter II COVERAGE AND LIABILITY .............................................. 144 Art. 168. Compulsory Coverage, 144 Art. 169. Foreign Employment, 144 Art. 170. Effective Date of Coverage, 144 Art. 171. Registration, 144 Art. 172. Limitation of Liability, 144 Art. 173. Extent of Liability, 145 Art. 174. Liability of Third Parties, 146 Art. 175. Deprivation of Benefits, 146 Chapter III ADMINISTRATION ........................................................... 147 Art. 176. Employees Compensation Commission, 147 Art. 177. Powers and Duties, 147 Art. 178. Management of Funds, 148 Art. 179. Investment of Funds, 149 Art. 180. Settlement of Claims, 149 Art. 181. Review, 149 Art. 182. Enforcement of Decisions, 149 Chapter IV CONTRIBUTIONS ............................................................. 150 Art. 183. Employers Contributions, 150 Art. 184. Government Guarantee, 150 Chapter V MEDICAL BENEFITS ........................................................... 152 Art. 185. Medical Services, 152 Art. 186. Liability, 152 Art. 187. Attending Physician, 152 Art. 188. Refusal of Examination or Treatment, 152 Art. 189. Fees and Other Charges, 152 Art. 190. Rehabilitation Services, 153 Chapter VI DISABILITY BENEFITS ...................................................... 154 Art. 191. Temporary Total Disability, 154 Art. 192. Permanent Total Disability, 154 Art. 193. Permanent Partial Disability, 155 Chapter VII DEATH BENEFITS ............................................................ 157 Art. 194. Death, 157 Chapter VIII PROVISIONS COMMON TO INCOME BENEFITS ......... 159 Art. 195. Relationship and Dependency, 159
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Art. 196. Delinquent Contributions, 159 Art. 197. Second Injuries, 160 Art. 198. Assignment of Benefits, 160 Art. 199. Earned Benefits, 160 Art. 200. Safety Devices, 160 Art. 201. Prescriptive Period, 160 Art. 202. Erroneous Payment, 160 Art. 203. Prohibition, 161 Art. 204. Exemption from Levy, Tax, etc., 161 Chapter IX RECORDS, REPORTS AND PENAL PROVISIONS ............ 162 Art. 205. Record of Death or Disability, 162 Art. 206. Notice of Sickness, Injury or Death, 162 Art. 207. Penal Provisions, 163 Art. 208. Applicability, 164 Art. 208-A. Repeal, 164
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Chapter II POWERS AND DUTIES ....................................................... 178 Art. 217. Jurisdiction of Labor Arbiters and the Commission, 178 Compulsory Arbitration, 179 Additional Cases, 179 Labor Arbiters Jurisdiction, 179 Corporate Dispute, 180 Award of Damages, 181 Issuance of Injunction, 181 Overseas Workers, 181 Venue, 181 Art. 218. Powers of the Commission, 182 Art. 219. Ocular Inspection, 184 Powers of the NLRC, 184 Rules of Procedure, 184 Suppletory Rules, 185 Injunctive Power, 185 Art. 221. Technical Rules Not Binding and Prior Resort to Amicable Settlement, 185 Procedural Rules, 186 Dismissal of Complaint Based on Prescription, 187 Amicable Settlement, 187 Decision of Labor Arbiter, 187 Art. 222. Appearances and Fees, 188 Nonlawyer, 188 Chapter III APPEAL .............................................................................. 191 Art. 223. Appeal, 191 Requisites for Perfection of Appeal, 192 Periods, 192 Perfection of Appeal Requires Posting of Bond on Time, 193 Effect of Appeal from Arbiter to NLRC, 193 Issues on Appeal; Remedies, 194 Conciliation and Mediation, 194 NLRC Decision, 194 Certiorari with the CA, 194 Where to File Petition; the St. Martin Ruling, 195 Effect on NLRCs Decision, 195 Certified True Copy of NLRC Decision, 195 Findings of Facts, Final, 195 Exceptions, 196 Art. 224. Execution of Decisions, Orders, or Awards, 196 Execution, 197 Injunction Against NLRC from a Regular Court, 197 Third Party Claim Under the NLRC Rules of 2005, 198 Art. 225. Contempt Powers of the Secretary of Labor, 198
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Art. 227. Compromise Agreements, 200 Compromise; Release and Quitclaim, 201 Art. 228. [Repealed by BP Blg. 130] Indorsement of Cases to Labor Arbiters, 202 Art. 229. Issuance of Subpoenas, 202 Art. 230. Appointment of Bureau Personnel, 202 Art. 231. Registry of Unions and File of Collective Agreements, 202 Art. 232. Prohibition on Certification Election, 203 Art. 233. Privileged Communication, 203
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Chapter III RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS ...... 227 Art. 242. Rights of Legitimate Labor Organizations, 227 Authority of the Union, 228 Union Registration, Unclear, 228 Union Merger or Consolidation, 229 Art. 242-A. Reportorial Requirements, 229
Title V COVERAGE
Art. 243. Coverage and Employees Right to Self-Organization, 233 Art. 244. Right of Employees in the Public Service, 233 Government Employees; C.N.A., 234 Art. 245. Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees, 235 Art. 245-A. Effect of Inclusion as Members of Employees outside the Bargaining Unit, 235 Supervisors and Managers, 235 Segregation, 236 Confidential Employees, 236 Security Guards, 237 Coop Members, 238 International Organization, 238 Religious Objectors, 238 Art. 246. Non-abridgment of Right to Self-Organization, 238
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Failure of Election, 274 Certification Election Different from Union Election, 275 Art. 258. When an Employer may File Petition, 275 Art. 258-A. Employer as Bystander, 275 Art. 259. Appeal from Certification Election Orders, 275 Appeal, 276
Title VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES
Chapter I STRIKES AND LOCKOUTS .................................................. 286 Art. 263. Strikes, Picketing, and Lockouts, 286 A Valid Strike Needs a Labor Dispute, 288 Avoidance of Strike, 289 The NCMB, 289 Basic Objective, 290 Legality of Strike: The Six Factors Affecting Legality, 290 Art. 264. Prohibited Activities, 298 Picketing, 299 Consequences of Concerted Actions: Employment Status, 300 Who dismiss the illegal strikers, 300 Employers Right to Hire Replacements during Strike, 301 Backwages, 301 Nonstriking Workers; Firearms Ban, 302 Art. 265. Improved Offer Balloting, 302 Art. 266. Requirement for Arrest and Detention, 303 Chapter II ASSISTANCE TO LABOR ORGANIZATIONS .................... 306 Art. 267. Assistance by the Department of Labor, 306 Art. 268. Assistance by the Institute of Labor and Manpower Studies, 306 Chapter III FOREIGN ACTIVITIES ...................................................... 307 Art. 269. Prohibition Against Aliens; Exceptions, 307 Art. 270. Regulation of Foreign Assistance, 307 Art. 271. Applicability to Farm Tenants and Rural Workers, 308
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Chapter IV PENALTIES FOR VIOLATION ........................................... 309 Art. 272. Penalties, 309
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Forfeiture Benefits, 337 Demotion; Quota, 337 Dismissal not Affected by Acquittal, 337 Constructive Dismissal, 337 Art. 283. Closure of Establishment and Reduction of Personnel, 338 Authorized Causes, 338 Automation, 338 Redundancy, 339 Retrenchment, 339 Standards of Retrenchment, 340 Illegal Retrenchment, 340 Criteria; Whom to Retrench, 340 LIFO Rule, 341 Closure or Cessation, 341 Other Cases of Cessation, 342 Sale in Good Faith, Obligations of Transferee, 342 Sale in Bad Faith, 343 Merger, 343 Art. 284. Disease as Ground for Termination, 343 Consequences of Termination; Reinstatement, 344 Strained Relations may Bar Reinstatement, 345 Reinstatement Immediately Executory, 345 Backwages: Illegal Terminations, 346 No More Backwages in Terminations without Due Process, 347 Separation Pay/Financial Assistance, 347 Damages, 348 Liability, 348 Art. 285. Termination By Employee, 349 Art. 286. When Employment Not Deemed Terminated, 349
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APPENDICES
Appendix 1: 13th Month Pay (Presidential Decree No. 851), 593 Appendix 2: Anti-Sexual Harassment Act of 1995, 601 Appendix 3: DOLE Inspection Procedure, 604 Appendix 4: DOLE Circular No. 1, Series of 2006, 620 Appendix 5: DOLE Circular No. 1, Series of 2007, 622 Appendix 6: Republic Act No. 9492, 624
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ACRONYMS
Some acronyms commonly used in Labor Law - Labor Relations context: Terms: CBA CBU CE CNA CPI EBR ECOLA LLO LMC LOC NS/NOS RTWO SIL SL SO ST TRO ULP VL Names: AAFLI ALU BATU BAYAN BLR BMP CFW CIR DO DOLE ECC ECOP EILER EO FFW ILO collective bargaining agreement collective bargaining unit certification election collective negotiation agreement consumer price index exclusive bargaining representative emergency cost of living allowance legitimate labor organization labor-management committee (or council) labor-only contracting (or contractor) notice of strike return-to-work order service incentive leave sick leave self-organization security of tenure temporary restraining order unfair labor practice vacation leave Asian-American Free Labor Institute Associated Labor Unions Brotherhood of Asian Trade Unions Bagong Alyansang Makabayan Bureau of Labor Relations Bukluran ng Manggagawang Pilipino Confederation of Free Workers Court of Industrial Relations (replaced by NLRC) Department Order Department of Labor and Employment Employees Compensation Commission Employers Confederation of the Philippines Ecumenical Institute for Labor Education and Research Executive Order Federation of Free Workers International Labor Organization
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ILS KMP KMU LACC LMLC MOLE NAFLU NATU NCMB NLRB NLRC NWPC PAVA PHILCONTU PIRS PMAP POEA PISTON PSLMC PTGWO RA RTWPB SPFL SSS TESDA TUCP UP-SOLAIR VIMCONTU
Institute for Labor Studies Kilusang Magbubukid ng Pilipinas Kilusang Mayo Uno Labor Advisory and Consultative Council Lakas Manggagawa Labor Center Ministry of Labor and Employment National Association of Free Labor Unions National Association of Trade Unions National Conciliation and Mediation Board National Labor Relations Board (U.S.) National Labor Relations Commission National Wages and Productivity Commission Philippine Association on Voluntary Arbitration Philippine Congress of Trade Unions Philippine Industrial Relations Society Personnel Management Association of the Philippines Philippine Overseas Employment Administration Pagkakaisa ng mga Samahan ng Tsuper at Operator Nationwide Public Sector Labor-Management Council Philippine Transport and General Workers Organization Republic Act Regional Tripartite Wages and Productivity Board Southern Philippines Labor Federation Social Security System Technical Education and Skills Development Authority Trade Union Congress of the Philippines University of the Philippines School of Labor and Industrial Relations Visayas Mindanao Confederation of Trade Unions
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