RIGHT TO SELF-ORGANIZATION Concept & Scope Arts.

243, 246, 277 (c), 212 (e, f) Omnibus Rules, Book V, Rule I-Rule II, as amended by D.O. 40, series of 2003 Labor Organizations and Registration of Unions Labor Code: Arts. 212 (g, h), 231, 234-240, 242, 277 (a) Omnibus Rules, Book V, Rule I, Sec. 1 (a, h-p, w, cc, ee, ff, jj, kk, zz, ccc), Rule III-V, XIV-XV, as amended by D.O. 40-03, as further amended by D.O. 40-B R.A. No. 9481, Sec. 1- 9 Department Order No. 40-F-03, series of 2008 (Implementing Rules for R.A. 9481 amendments) San Miguel Corporation Employees Union-Philippine Transport And General Workers Organization (SMCEU-PTGWO) v. San Miguel Packaging Products Employees Union-Pambansang Diwa Ng Manggagawang Pilipino (SMPPEU-PDMP), September 12, 2007 The Heritage Hotel Manila (Owned And Operated By Grand Plaza Hotel Corporation) v. PinagIsang Galing At Lakas Ng Mga Manggagawa Sa Heritage Manila (Piglas-Heritage), October 30, 2009 Special Groups of Employees Labor Code: Arts. 245, 212 (m) R.A. No. 9481, Sec. 8-9 Department Order No. 40-F-03, series of 2008 Omnibus Rules, Book V, Rule I, Sec. 1 (hh), (nn), (xx), as amended by D.O. 40 Cathay Pacific Steel Corp. v. CA, August 30, 2006 San Miguel Corp. Supervisors and Exempt Union v. Laguesma, August 15, 1997 Standard Chartered Bank Employees Union (SCBEU-NUBE) v. Standard Chartered Bank, April 22, 2008 Coastal Subic Bay Terminal v. DOLE, November 20, 2006

NOTE: Compare the original provisions of the Labor Code with the amended provisions under R.A. No. 9481. For reference: Atlas Litographic Services v. Laguesma, 205 SCRA 12 De La Salle University Medical Center v. Laguesma, 294 SCRA 141 Tagaytay Highlands v. Tagaytay Highlands Employees Union-PTGWO, January 22, 2003

COLLECTIVE BARGAINING Labor Code: Arts. 250-254, 247-249, 261

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, t, bbb), Rules XVI-XVII, as amended by D.O. 40-03 Art. 231, 212 (n), 260-262 (b), 277 (f,g,h) Omnibus Rules, Book V, Rule XIX, XXI, as amended by D.O. 40-03 Union of Filipro Employees v. Nestle Phils., March 3, 2008 PAL v. PALEA, March 12, 2008 San Miguel Foods v. San Miguel Corporation Employees Union, October 5, 2007

FVC Labor Union-Philippine Transport and General Workers Organization (FVCLU-PTGWO) v. Sama-Samang Nagkakaisang Manggagawa Sa FVC-Solidarity Of Independent And General Labor Organizations (SANAMA-FVC-SIGLO), November 27, 2009 Fulache v. ABS-CBN, GR No. 183810, January 21, 2010

For reference: Halaguea, et al., and other flight attendants of Philippine Airlines v Philippine Airlines, October 2, 2009 PASSI v. Boclot, September 28, 2007

STRIKES, LOCKOUTS AND CONCERTED ACTIONS Arts. 212 (o-s), 263-266, 254; Rules, Book V, Rule XXII, as amended by D.O. 40-03, and further amended by D.O. 40-A Bukluran ng Manggagawa sa Clothman Knitting v. CA, January 17, 2005 Steel Corporation v. SCP Employees Union, April 16, 2008 Biflex Phils. v. Filflex Industrial & Manufacturing Corp., Dec. 19, 2006 Bascon & Cole v. CA, February 5, 2004 Toyota Motor Phils. Corp. Workers Association v. Toyota Motor Phils, Oct. 19, 2007 NUWHRAIN Dusit Hotel Nikko Chapter v. CA, November 11, 2008 Capitol Medical Center v. NLRC, GR 147080, April 26, 2005 Trans-Asia Shipping Lines-Unlicensed Crews Employees Union v. CA, July 7, 2004 Manila Diamond Hotel Employees Union v. CA, Secretary, December 16, 2004 Philcom Employees Union v. Phil. Global Communications, July 17, 2006 Nissan Motors v. Secretary, June 21, 2006 FEU-NRMF v. FEU-NRMFEA-AFW, October 16, 2006 Pilipino Telephone Corporation v. PILTEA, June 22, 2007 Club Filipino v. Bautista, July 13, 2009 A. Soriano Aviation v. Employees Association of A. Soriano Aviation, August 14, 2009 BARGAINING UNIT Omnibus Rules, Book V, Rule I, Sec. 1 (d, t), as amended by D.O. 40-03 De La Salle v. De La Salle University Employees Association, 330 SCRA 363

BARGAINING AGENT, CERTIFICATION ELECTION PROCEEDINGS Labor Code: Arts. 255-259, 258-A (Note: Arts. 256 & 257 had been amended by R.A. 9481)

Omnibus Rules, Book V, Rule I, Sec. 1 (d, h, j, o, p, q, t, ll, ss, bbb), Rules VI-X, as amended by D.O. 40, and further amended by D.O. 40-F-03, series of 2008

Republic of the Philippines, represented by DOLE, v. Kawashima Textile, July 23, 2008 St. James School of Quezon City v. Samahang Manggagawa sa St. James, November 23, 2005 DHL Phils. United Rank and File Association v. Buklod ng Manggagawa ng DHL Phils., July 22, 2004 Sta. Lucia East Commercial Corporation v. Hon. Secretary Of Labor, August 14, 2009 Samahan Ng Mga Manggagawa Sa SammaLakas Sa Industriya Ng Kapatirang Haligi Ng Alyansa (SammaLikha) v. Samma Corporation, March 13, 2009 Chris Garments Corporation v. Hon. Patricia A. Sto. Tomas and Chris Garments Workers Union-

Coastal Subic Bay Terminal v. DOLE, November 20, 2006 LABOR LAW REVIEW EMPLOYER-EMPLOYEE RELATIONSHIP

A. Elements of Relationship Labor Code: Article 97 (a), (b), (c), (e); 167 (f), (g); 212 (e) & (f) Cases: Television and Production Exponents v. Servaa (GR 167648, January 28,2008) ABS-CBN Broadcasting Corp. v. Nazareno (GR 164156, Sept. 26, 2006) (These two cases should be read in relation to Sonza v. ABS-CBN Broadcasting Corporation [GR 138051, June 10, 2004]) Abella v. PLDT (GR 159469, June 8, 2005) Consulta v. CA (GR 145443, March 18, 2005) Villamaria v. CA (GR 165881, April 19, 2006) Republic of the Philippines v. ASIAPRO Cooperative (GR 172101, November 23, 2007) Phil. Global Communications v. De Vera (GR 157214, June 7, 2005) Coca Cola Bottlers v. Climaco (GR 146881, February 5, 2007) Chavez v. NLRC (GR 146530, January 17, 2005) Angelina Francisco v. NLRC (GR 170087, August 31, 2006) LABOR LAW REVIEW Independent Contractors and Labor-Only Contractors Labor Code: Art. 106-109 Department Order No. 18, series of 2002 Cases: Philippine Airlines v. Ligan (GR 146408, February 29, 2008) San Miguel Corporation v. Aballa (GR 149011, June 28, 2005) Meralco Industrial Engineering Services v. NLRC (GR 145402, March 14, 2008) Manila Electric Company v. Benamira (GR 145271, July 14, 2005) Dole Phils. v. Esteva (GR No. 161115, November 30, 2006) Aliviado v. Procter and Gamble (GR No. 160506, March 9, 2010) Temic Automotive v. Temic Automotive Phils. Employees Union (GR No. 186965, December 23, 2009) Smart Communications v. Astorga (GR No. 148132, January 28, 2008) For reference: Vinoya v. NLRC (GR 126586, February 2, 2000) Rosewood Processing, Inc. v. NLRC (290 SCRA 408) SECURITY OF TENURE Arts. 277 (b), 279, 282-287; Rules, Book VI, Secs. 2, 5, 6, Book V, Rule XXIII Just Causes Salas v. Aboitiz One, June 27, 2008 RB Michael Press v. Galit, February 13, 2008 San Miguel Corporation v. NLRC, April 16, 2008 LBC Express v. Mateo, June 9, 2009 Genuino v. NLRC, December 4, 2007 Bughaw v. Treasure Island, March 28, 2008 Moreno v. San Sebastian College, March 28, 2008 Janssen Pharmaceutica v. Silayro, February 26, 2008

Linton Commercial v. Hellera, October 10, 2007 AMA Computer College v. Garcia, April 14, 2008 GSWU-NAFLU-KMU v. NLRC, October 17, 2006 Dickinson Philippines v. NLRC, November 15, 2005 PT & T v. NLRC, April 15, 2005 Oriental Petroleum v. Fuentes, October 14, 2005 FASAP v. PAL, July 22, 2008 and October 2, 2009 Constructive Dismissal/Preventive Suspension Maricalum v. Decorion, April 12 2006 Uniwide Sales v. NLRC, February 29, 2008 Norkis Trading v. Genilo, February 11, 2008 Fungo v. Lourdes School, July 27, 2007 Union Security Clause Alabang Country Club v. NLRC, February 14, 2008 Inguillo v. First Philippine Scales, June 5, 2009 Disease Crayons Processing v. Pula, July 30, 2007 Consequences of Dismissal Composite Enterprises v. Caparoso, August 8, 2007 Sagum v. CA, May 26, 2005 Agabon v. NLRC, November 17, 2004 Jaka Food Processing v. Pacot, March 28, 2005 Industrial Timber v. Ababon, March 30, 2006 Equitable Banking v. Sadac, June 8, 2006 Carlos v. CA, August 28, 2007 Tomas Claudio Memorial College v. CA, February 16, 2004 Chronicle Securities v. NLRC, November 25, 2004 Intercontinental Broadcasting v. Benedicto, July 20, 2006 Velasco v. NLRC, June 26, 2006 PCIB v. Abad, February 28, 2005 Bago v. NLRC, April 4, 2007 Garcia v. Philippine Airlines, January 20, 2009 Lansangan v. Amkor Technology Philippines, January 30, 2009 Palteng v. UCPB, February 27, 2009 LABOR LAW REVIEW CLASSES OF EMPLOYEES

Arts. 278, 280-281; Rules, Book VI, Secs. 5-6 Magis Young Achievers Learning Center v. Manalo, February 13, 2009 Pier 8 Arrastre & Stevedoring Services v. Boclot, September 28, 2007 The Peninsula Manila v. Alipio, June 17, 2008 Rowell Industrial Corporation v. CA, March 7, 2007 ABS-CBN Broadcasting Corp. v. Nazareno, September 26, 2006 Kimberly Clark Phils. v. Secretary, November 23, 2007 Benares v. Pancho, April 29, 2005 Hacienda Bino/Hortencia Starke v. Cuenca, April 15, 2005 Filipinas Pre-fabricated Building Systems (FilSystems) v. Puente, March 18, 2005 St. Marys University v. CA, March 8, 2005 Poseidon Fishing v. NLRC, February 20, 2006 PLDT v. Arceo, May 5, 2006

DISPUTE SETTLEMENT Labor Code: Arts. 128-129, 213-226, 254, 260-262-B, 263 (g-i), 273-275, 277

Jaguar Security v. Sales, April 22, 2008 Pioneer Concrete Philippines v. Todaro, June 8, 2007 Tegimenta Chemical Phils. v. Buensalida, June 17, 2008 Metro Transit Organization v. PIGLAS NFWU-KMU, April 14, 2008 Hacienda Valentin-Balabag v. Secretary, February 11, 2008 Pentagon Steel Corp. v. CA, June 26, 2009 Masmud v. NLRC, February 13, 2009

WORKING CONDITIONS A. Coverage Labor Code: Article 82 Omnibus Rules: Book III, Rule I, Sections 1-2 B. Hours of Work Labor Code: Articles 83-90 Omnibus Rules: Book III, Rule I, Sections 3-11, Rule I-A, Rule II C. Rest Periods and Holidays Labor Code: Articles 91-94 Executive Order 203 (1987) Omnibus Rules: Book III, Rules III-IV R.A. 9849, December 11, 2009 D. Service Charge and Service Incentive Leave Labor Code: Articles 95-96 Omnibus Rules: Book III, Rule V-VI

WAGES A. Concept and Definition Labor Code: Article 97-98 Omnibus Rules: Book III, Rule VII, Sections 2-9 B. Wage-Fixing Labor Code: Articles 99-101, 120-127 R.A. 6727, R.A. 8188 C. Payment of Wages Labor Code: Articles 102-105, 112-119 Omnibus Rules: Book III, Rule VIII D. Liability for Wages Labor Code: Articles 105-111 D.O. 18, 2002, Sections 7 & 19 E. Thirteenth-Month Pay Presidential Decree 851 (1975) Revised Guidelines on the Implementation of the 13th Month Pay Law