LABOR STANDARDS

CONDITIONS OF WORK / REST PERIODS:

Exempt:
Government ees
Managerial ees*
Members of the family of the employer dependent on him for support
Domestic Servants
Field personnel if regularly perform duties away from office**
* Managerial employees those whose primary duty is management;
customarily and regularly directing work of two or more ees, with
authority to hire; suggestions given particular weight; includes other
officers or members of the managerial staff.
** Field Personnel - non agricultural employees who regularly
perform their duties away from the office and whose actual hours of
work cannot be estimated with certainty; this includes in its scope
unsupervised employees (Mercidar Fishing Corporation v. NLRC 297
SCRA 440 (1998)

NOTE:
Those paid by results, piece-work, pakyaw or task basis no longer
under the same category as those above (Labor Congress v. NLRC, 290
SCRA 509)
Benefits to which Piece Rate Workers are Entitled:
Holiday Pay
Applicable Statutory Minimum Daily Rate*
Night Differential Pay
Service Incentive Leave
Meal and Rest Periods
Overtime Pay*
Thirteenth Month Pay
Other Benefits
*Follows output rate prescribed by DOLE or standard used conforms
with Dole output rate.
OVERTIME
Premium rate for Overtime:
Normal
25% ON TOP OF HOURLY RATE
Holiday/Rest Day
30%

Special Day

30%

GR: Overtime compensation cannot be waived

Exceptions:
1.
When waiver of OT pay is in consideration of benefits and
privileges which may be more than the OT pay
2.
Voluntarily agrees to work 9 hours
3.
No diminution in pay
4.
Value of benefits greater or at least equal to 1hr. OT pay during
weekdays
5.
OT pay due and demandable even if permitted to work Saturdays
6.
Work doesn't involve strenuous physical exertion
7.
Temporary duration
NIGHT SHIFT DIFFERENTIAL (10pm-6am)
Does NOT apply to:
Government Employees
Retail Businesses with less than 5 workers
Domestic Helpers
Managerial Employees
Field Personnel

10%

MEAL TIME
60 minutes and above: not counted as working time
Less than 60 minutes: counted as working time
* minimum 20 minutes

PREMIUM PAY FOR WORK ON REST DAYS / SPECIAL DAYS

Rest Day
30%
Special Day
30% (Nov.1 & Dec. 31)
Rest Day falls on Special Day 50%
NOTE: For special day: NO WORK, NO PAY
Emergency Overtime Work
Country at war/National or Local Emergency
Completion of work started before the 8th hour
Urgent work to be performed on Machines to avoid serious loss or
damage to employer
Necessary to Prevent loss of life/property or Imminent danger to
public safety
Necessary to prevent loss or damage to perishable goods
Necessary to avail of favorable weather or environmental

Authorized Work on a Rest Day:

Urgent work to be performed on machinery
Actual impending emergency
Abnormal pressure or work
Prevent loss/damage to perishable goods
Nature of work requires continuous operations
Analogous situations
HOLIDAY PAY
Unworked
Worked
- if also Rest day

100%
200%
260%

NOTE: To avail of Holiday pay, ee should not have been absent

without pay on the working day preceding the holiday
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

January 1

April 9
May 1
June 12
Last Sun of August
Nov. 30
Dec. 25
Dec. 30

New Year's Day

Maundy Thursday
Good Friday
Araw ng Kagitingan
Labor Day
Independence Day
National Heroes Day
Bonifacio Day
Christmas Day
Rizal Day

Does NOT apply to:

Government ees
Retail and Service Establishments regularly employing less than
10
Domestic helpers
Managerial ees
Field Personnel
Hourly Paid Faculty Members not also entitled

SERVICE INCENTIVE LEAVE

has worked for at least a year
5 days with pay
Does NOT apply to:
Government employees
Already enjoying benefit
Domestic Helpers and those in the personal service of another
Already with vacation leave with pay of at least 5 days

Managerial Employees
Field Employees including those in Contract basis
Employed in establishments regularly employing less than 10
employees
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
Procedure for correcting:
1.
With Union
go through grievance procedure
voluntary arbitrators (decide within 10 days from referral)
2.
Without Union
Each brings his own grievance
NCMB (10 calendar days => conciliation if unresolved)
NLRC (decide within 20 days from submission)
13TH MONTH PAY
Entitled : Exempted Employers :
All Rank & File eesworked at least 1 month
Those with Multiple Employers
Paid by Result
Private School Teachers
Resigned or Separated ees (proportional) Government
Employers of Household Helpers
Those already paying
Employers of paid purely on commission, fixed, boundary or task basis
Minimum Amount :
within a calendar year

Not less than 1/12 of total basic salary earned

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.

VACATION/SICK LEAVE - not required by law, but must be observed

when stipulated in a CBA
SERVICE CHARGE

85% Covered Employees

15% Management

BONUS - GR : Can't be demanded

Exceptions :
1.
Given for a long period of time
2.
Consistent & deliberate - Employer continued giving benefit
3.
Employer knew he was not required to give benefit
4.
Employer realizes profits depends if nature of benefit is
dependent on profit
MEDICAL TREATMENT OF EMPLOYEES
GR : First-Aid medicine and equipment made available
Training of sufficient Number of Employees to apply FirstAid Treatment
51-200 Employees Full-time registered nurse
EXCEPT when the employer doesn't maintain hazardous work places
(Licensed First-Aider sufficient)
201-300 Employees
Full-time Registered
Physician, Dentist & Emergency Clinic

Nurse,

Part-Time

301 or more Full-Time Registered Nurse, Full-Time Physician, Dentist,

Dental Clinic, Infirmary/Emergency Hospital with a bed capacity of 1 bed
per 100 employees
EXCEPT when there is a hospital or clinic accessible from the
Employer's establishment AND he makes arrangements for the
Reservation of necessary bed and dental facilities
Hazardous Work Full-Time Physician - at least 2 hours
Place
Part-Time Physician - at least 8 hours

VISITORIAL AND ENFORCEMENT POWER by Secretary of Labor or

duly authorized representative
1.
Access to employer's records and premises
2.
Right to copy records
3.
Right to question any employee

4.
Investigate any fact, condition or matter which may be necessary
to
5.
Order and administer, after due notice and hearing, compliance
with the Labor Standards provisions
6.
Issue writs of execution to the appropriate authority for
enforcement of their orders
7.
Order stoppage of work or suspension of operations when noncompliance with law and implementing regulations poses grave and
imminent danger to the health and safety of workers in the workplace
(only Secretary of Labor has this power)
Hearing within 24 hours
Employer liable for salaries during suspension of operations if
found to have caused the violation
NO TRO or Temporary/Permanent injunction may be issued by an
inferior court over any case involving the enforcement orders issued
RECOVERY of Wages, Simple Money Claims & Other Benefits
Jurisdiction:
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 *
3.
Claims arise from employer-employee relationship
* if the claim later exceeds P5,000, Regional Director still retains
jurisdiction based on inspection's findings in the nature of enforcement
action [Guico v. Secretary of Labor 298 SCRA 666 (1998)]
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
Exceptions : Claims for Employee's Compensation
Claims for Social Security benefits
Claims for Medicare Benefits
Claims for Maternity Benefits
NOTE:
Regional Director cannot enforce results of Visitorial Power when:
1.
Employer contests the findings
2.
Issues raised requires examination of evidentiary matters
3.
Such matters are not verifiable in the normal course of inspection

EMPLOYMENT OF WOMEN
Nightwork Prohibition
a. Industrial Undertaking
10pm-6am
b. Commercial or Non-industrial, or branch
thereof, other than agricultural
12am-6am
c. Agricultural Undertaking
Nighttime, unless given a
consecutive hours

period of rest not less than 9

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
Facilities for Women
a.
Provide seats proper for women
b.
Establish separate toilet rooms and lavatories
c.
Establish a nursery in a workplace for the benefit of the women
employees
d.
Determine appropriate minimum age and other standards for
retirement and termination
Maternity Leave Benefits

Has paid at least 3 monthly contributions in the 12-mo. period

immediately preceding the semester of her childbirth or miscarriage

Paid only for the first 4 deliveries or miscarriages

100% of average salary credit for 60 days if normal or 78 days if

caesarean

Woman employee may be married or unmarried

NOTE: Paternity Leave RA 8187 male employee entitled to

paternity leave of 7 days with full pay for the first 4 deliveries of the
legitimate spouse with whom he is cohabiting
Family Planning Services, Incentives for Family Planning
Maintain clinic or infirmary which shall provide for family planning
service
Develop and prescribe incentive bonus schemes to encourage
family planning among female workers in any establishment/enterprise
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
NOTE:
Institution of any criminal action under this shall not bar the
aggrieved employee from filing an entirely separate and distinct action
for money claims, which may include claims for damages and other
affirmative relief
Actions authorized shall proceed independently of each other
Void Stipulations Against Marriage
either as a condition for employment (pre) or for continuing
employment (post)
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
MINIMUM EMPLOYABLE AGE
Below 15 Years Shall not be employed, except (RA 7610)
when working under directly under the sole responsibility of his
parents or guardian and where only membbers of the employers family
are employed AND his employment does endanger his life, safety,
health and morals, nor impairs his normal development, AND the
parent or legal guardian shall provide said minor with the prescribed
primary and/or secondary education

childs employment in public and entertainment or information

through cinema, theater or radio or television is essential, PROVIDED
employment contract is concluded by childs parents or guardian with
express agreement of child and DOLE if possible AND employer ensures
childs protection, health, safety and morals
15-below 18 In undertakings which are NOT hazardous or deleterious
18 Years
No prohibition
Hazardous or Deleterious:
a.
exposes workers to dangerous environmental elements,
contaminations, or work conditions including ionizing radiations,
chemicals, fire, flammable substances, noxious components and the like
b.
engaged in construction work, logging, fire-fighting, mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing and
mechanized farming
c.
engaged in the manufacture or handling of explosives and other
pyrotechnic products
d.
exposed to or use of heavy or power-driven machinery or
equipment
e.
use or are exposed to power-driven tools

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)
Original Contract not more than 2 years
2)
If assigned to work in a commercial, industrial or agricultural
enterprise, must not be paid lower than agricultural or non-agricultural
workers
3)
If under 18 years of age, must be given opportunity to finish at
least elementary schooling - cost of education shall be part of
compensation
4)
Treated in a just and humane manner
5)
Free : sanitary and suitable living quarters
Adequate food
Medical attendance
6)
Indemnity for unjust termination if Fixed Period of Service
Compensation already earned + 15 days
7)
If no fixed period, notice of termination must be given at least 5
days prior

NOTE: Domestic helper is not one who works for a staff house / rest
house; the criteria is that the helper administers to the comfort of the
family of the employer in the home of said employer. [Apex Mining
Company,Inc. v. NLRC 196 SCRA 251 (1991)]
EMPLOYMENT OF HOMEWORKERS
D.O. 5 (1992)
applies to any person who performs industrial homework for an
employer, contractor or sub-contractor.
Industrial Homeworker
system of production under which work for an employer or
contractor is carried out by a homeworker at his / her home. Materials
may or may not be furnished by the employer or contractor.
Employer of a Homeworker:
any person who delivers or causes to be delivered any goods,
articles or materials to be processed or fabricated in or about a home
and thereafter to be returned or to be disposed of or distributed in
accordance with his direction; or
sells goods, articles for the purpose of having such goods or
articles processed in or about a home an d them repurchases them
himself or through another after such processing.
EMPLOYMENT OF HANDICAPPED / DISABLED WORKERS
Earning capacity impaired by: age
physical or mental defects
can be regular if work is usually or necessary or desirable to the
business [(Bernardo v. NLRC 310 SCRA 186 (1999)]
1.
When Employable
a.
necessary to prevent curtailment of employment opportunities
AND
b.
does not create unfair competition in labor costs or impair
working standards
2. Employment Agreement shall state/include:
c.
Names and addresses of the handicapped workers to be
employed
d.
Rate to be paid not less than 75% of applicable legal minimum
wage
e.
Duration of employment period
f.
Work to be performed by handicapped
- the agreement is always subject to inspection by SOLE or duly
authorized representative

3. Eligibility for Apprenticeship

If their handicap is not such as to effectively impede the
performance of job operations in the particular occupations for which
they are hired
Learners
Apprentices
persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable and which may be learned
through practical training on the job in a relatively short period of time
which shall not exceed 3 months
practical training on the job supplemented by related
theoretical instruction; covered by a written apprenticeship agreement
with an individual employer or of the entities recognized in the labor
code.
When may be hired
when no experienced worked available;
to prevent curtailment of employment opportunities and employment
does not create unfair competition in terms of labor costs or impair or
lower working standards
only employers in the highly technical industries may
employ apprentices and only in apprenticeable occupations approved
by the Minister of Labor and Employment
duration shall not exceed 3 months requires more
than 3 months of practical training on the job supplemented by related
theoretical instruction
must be at least 14 years of age; possess vocational aptitude and
capacity for appropriate tests and possess the ability to comprehend
and follow oral and written instructions
There is a list of learnable trades by Tesda No list

LABOR RELATIONS
Right to Self Organization
The Constitution is the primary basis of workers right to selforganization.
Who May Join
General Rule:
All persons in commercial, industrial, agricultural, charitable,
medical and educational institutions, whether or not operated for profit,
shall have the right to self-organization.

This right includes forming, joining, or assisting labor

organizations of their choice, for the purpose of collective bargaining. It
also includes the freedom from coercion, restraint, and similar acts that
impede the forming, joining and assistance of labor organizations for
the purpose of collective bargaining and engaging in lawful concerted
activities for the same purposes or for mutual aid and protection.
Ambulant, intermittent and itinerant and rural workers, the selfemployed and those with no definite employers may form labor
organizations for their mutual aid and protection.
SPECIAL RULES:
A.
Managerial and Supervisory Employees
Managerial Employee one who is vested with powers or prerogatives
to lay down and execute management policies and/or hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees.
Supervisory Employee one who, in the interest of the employer,
effectively recommends such managerial actions if the exercise of such
authority is not merely routinary or clerical in nature but requires the
use of independent judgment.
Managerial may NOT join, assist, or form any labor organization
Supervisory are not eligible for membership in rank and file labor
organizations, but may join, assist, or form separate labor organizations
of their own.
NOTE:
Atlas and Toyota Shaw Cases: supervisors union was not allowed to
affiliate itself with the national federation of rank and file employees,
since the SC ruled that such would circumvent Art. 245. This is true if
the supervisors concerned are directly supervising the work of the rank
and file employees and the federation is actively involved in collective
bargaining in the establishment.
B.
Confidential Employees
Confidential employees are those who (1) assist or act in a confidential
capacity, in regard (2) to persons who formulate, determine, and
effectuate management policies, specifically in the field of labor
relations. The two criteria are cumulative, and both must be met if an
employee is to be considered a confidential employee-that is, the
confidential relationship must exist between the employee and his
superior officer; and that officer must handle the prescribed
responsibilities relating to labor relations. [Sugbuanon v. Laguesma,
February 2, 2000]

Confidential employees cannot form, join, or assist unions only if

they assist in a confidential capacity to or have necessary access to
confidential matters of, persons who exercise managerial functions in
the field of labor relations.
C.
Security Guards
they are free to join any union as rank and file or supervisors,
depending on their rank.
D.
Cooperatives
collective bargaining is not available to a member of a
cooperative who is an employee and at the same time a member and
co-owner thereof. The rationale for this is that one cannot bargain with
himself. Only employees who are not members or co-owners of the
cooperative have the right to self-organization, collective bargaining,
and negotiation. It is the fact of ownership / membership, not the level
of involvement (or lack thereof) in actual management that disqualifies
a member.
E.
Government Employees
E.O. 180: government employees have the right to organize and
bargain collectively
However, they cannot bargain for higher wages, as such are fixed
by law and Congressional appropriation.
EO 180:
Applies to all employees of all branches, subdivisions,
instrumentalities and agencies of the government including employees
of GOCCs with original charters
Can form, join or assist employees organization for furtherance
and protection of interest
NOT Covered:
High-level employees
AFP
Police Officers
Policemen
Firemen
Jailguards
-

Application filed with the BLR

Registration is with the Civil Service Commission or DOLE
(CSC Chairman and Dole Sec jointly approve)
Petition for Certification Election if filed with the BLR

F.
International Organizations
International organizations are immune from legal process thus
the DOLE has no jurisdiction over them; however they have the right to
organize for the purpose of maintaining mutual and beneficial
cooperation between management and employees. [International
Catholic Migration v. Ferrer-Calleja, 190 SCRA 130 (1990)]
2 KINDS OF UNIONS (Purpose)
1)
For purposes of Collective Bargaining (called "Labor
Organization")
any union or association of employees which exists for collective
bargaining purposes or for dealing with employers regarding terms &
conditions of employment
1)
For Mutual Aid and Protection (called "Worker's Association")
an association of workers organized for its members' mutual aid
and protection or for any legitimate purpose other than collective
bargaining
NOTE: Any employee, whether employed for a definite period or not,
shall, beginning on his first day of service, be considered an employee
for purposes of membership in any labor union
REQUIREMENTS FOR REGISTRATION
LABOR ORGANIZATION
FEDERATION / NATIONAL
UNION
WORKERS ASSOCIATION
a.
Registration Fee
b.
Names, addresses of its officers; principal address; minutes
of the organizational meetings; list of workers who participated in the
meetings
c.
Names of all its members comprising at least 20% of all the
employees in the bargaining unit where it seeks to operate
d.
Two (2) copies of its financial reports is applicant has been
in existence for one or more year
e.
Four (4) copies of the Consti and By-laws (CBL), minutes of
its adoption or ratification and a list of members who participated
therein
~ all requisite documents shall be certified under oath by the
Secretary/Treasurer and attested by the President
In addition to a, b, d and e of requirements for Labor
Org:
a. Resolution of affiliation of at least 10 locals or chapters (all duly
recognized Collective Bargaining agents)

b. Names and addresses of the companies where the

locals/chapters operate plus list all members in each company involved
a.
Registration fee
b.
Names of its members, their addresses, principal office of
applicant, minutes of organizational meetings, and names of individual
members who attended such meetings
c.
Copy of constitution and by-laws duly ratified by majority
of individual members

CHARTERING
Issuance by Federation of charter certificate to a local/chapter
copy of which shall be submitted to BLR within 30 days from
issuance
in addition submit CBL and set of officers
books of accounts are no longer required
AFFILIATION of Independently Registered Union
file with Regional Office or BLR 2 copies of verified resolution of
affiliation, ratified by a majority of the members of the union, and a
resolution of acceptance of by the federation / industry union
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
NOTE:
An independently registered labor organization, on the other
hand, becomes an LLO only upon the issuance of the certificate of
registration.
GROUNDS FOR CANCELLATION OF UNION REGISTRATION
Misrepresentation, False Statement or Fraud in connection with :
a.
adoption/ratification of the CBL or amendments thereto, minutes
of ratification and the list of members who took part in the ratification
b.
election of officers, minutes thereof, list of officers/voters
c.
in the preparation of the financial reports
Failure to Submit :
a.
CBL, minutes of its adoption/ratification, list of members ho took
part within 30 days from adoption of ratification or amendments
thereto
b.
Minutes of the elections of officers, list of officers/voters within 30
days from election

c.
Annual financial report to the BLR within 30 days after the closing
of every fiscal year
d.
List of individual members to the BLR once a year or whenever
required by the BLR
Acting as labor contractor or engaging in the 'Cabo System' or
otherwise engaging in any activity prohibited by law
Entering into CBAs with terms and conditions of employment below
minimum standards established by law
Asking for or accepting attorney's fees or negotiation fees from
employer
Checking off special assessments or any other fees without duly signed
individual written authorizations of the members (other than for
mandatory activities under the labor Code)
RIGHTS AND CONDITIONS OF MEMBERSHIP
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
B.
DELIBERATIVE &DECISION MAKING RIGHTS
1.
Determination by secret ballot, any question of major policy
2.
No admission of individuals who are members of subversive
organizations
C.
RIGHTS OVER MONEY MATTERS
1.
No arbitrary, excessive oppressive fines and forfeiture
2.
No collection of fees, dues NOR disbursements unless duly
authorized pursuant to CBL
3.
All payment of fees, dues, contributions evidenced by receipt and
entered into records
4.
Funds shall not be applied for any purpose other than expressly
provided in CBL or authorized by majority of members at general
meeting
5.
No special assessment or other extraordinary fees may be levied
unless authorized y written resolution of majority
6.
Other than mandatory activities, no special assessment, atty.'s
fees, negotiation fees or any other extraordinary fees may be checked
from any amount due to an employee without individual written
authorization
Requisites for valid levy of a special assessment through check off:

1.
authorization by a written resolution of majority of all the
members at the general membership meeting called for the purpose
2.
secretarys record of the minutes of the meeting
NOTE:
From what fund union can check off its attorneys fees: The union
should be made to shoulder the expenses incurred for the services of its
lawyers and accordingly, reimbursement should be charged to the
unions general fund or account. No deduction can be made from the
salaries of the concerned employees other than those mandated by law.
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
*Protest on Election of Officers
Formalized before Med Arbiter within 5 days from close of
Election Proceedings
Decided within 20 working days
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 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
Except :
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
DISAFFILIATION, requisites

General Rule :
Only during the 60 day freedom period &
effected by a majority of the members of the bargaining unit

Exception : Outside the freedom period but must still be

supported by a majority of the members of the disaffiliating union who
must remain bound by the CBA until the CBA's expiration date.
Substitutionary Doctrine
employees cannot revoke the validity of a validly executed CBA
with their employer by the simple expedient of changing their collective
bargaining agent
the new agent must respect the subsisting CBA
employer cannot renege on the CBA, except to negotiate with the
management for the shortening thereof
Inapplicable to personal undertaking of deposed union; e.g. : no
strike stipulation
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
Act as the representative of its members for the purpose of collective
bargaining
Certified as the exclusive bargaining representative of all employees in
an appropriate collective unit for purposes of collective bargaining
Furnished with the annual audit financial statements of employer
Own property (real/personal) for the use and benefit of its members and
the labor organization
Sue and be sued in its registered name

Undertake all other activities designed to benefit the organization and

its members, including cooperative, housing welfare and other projects
not contrary to law
Collect reasonable membership fees, union dues, assessments and fines
and other contributions
UNION SECURITY CLAUSE
union can determine membership and prescribe conditions for its
acquisition and retention
cannot be used by union officials against an employer, much less
their own members except with a high sense of responsibility, fairness
and judiciousness
CLOSED SHOP - only union members can be hired and workers
must remain union Workers/members to retain employment
UNION SHOP - non-members may be hired, but to retain
employment, must
become union members within a certain period
thereafter
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
MAINTENANCE OF MEMBERSHIP - no employee is compelled to
join the union, But all present or future members must, as a condition of
employment, remain in good standing with the union
EXCLUSIVE BARGAINING SHOP - the union is recognized as the
exclusive
bargaining agent for all employees, whether union
members or not
BARGAINING FOR MEMBERS ONLY - the union is recognized as
the bargaining agent only for its own members
AGENCY SHOP - an agreement whereby employees must either
join the union or pay to the union as the exclusive bargaining agent a
sum equal to that paid by the members. This is directed against the
"free rider" employees who benefit from union activities without
contributing to union support o prevent a situation of non-union
members enriching themselves at the expense of union members.
PREFERENTIAL SHOP - agreement wherein management
undertakes to give
preference to union members in the
hiring of employees, whether or not as regulars

HIRING HALL - agreement wherein lost of employees are given a

chance to determine who to employ/regularize
GR:: All employees in the bargaining unit covered by the union
security clause are subject to its terms
Exceptions:
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

UNFAIR LABOR PRACTICES

acts opposed to workers' right to organize
2 Elements :
1.
Employer-employee relationship between the offender and
offended
2.
Act done is expressly defined in the Labor Code as ULP
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;
tendency to interfere is enough; actual interference need not be
proved. [Insular Life case]
no excuse that conduct was unintentional and innocent; however
good faith can be a defense by the employer
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 takeover 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
*Factors to Determine Continuity :
a.
Retention of control
b.
Use of the same plant or factory
c.
Use of the same or substantially the same employees, workers,
supervisors or managers
d.
Similar or substantially the same work or production under similar
or substantially the same working conditions
e.
Use of the same machinery and equipment
f.
Manufacture of the same products or the performance of the
same services
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
3.
Contracting out - services or functions being performed by union
members
- determining factor : motivation
*Runaway Shop : industrial plant moved by its owners from one
location to another to escape union labor regulations or state laws;
a plant removed to a new location in order to discriminate
against employees at the old plant because of their union activities
4.
Discrimination (wages, hours of work, other terms & conditions of
employment)

Purpose : to encourage /discourage membership in any labor

org'n
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
6.

Violation of duty to Bargain

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.
8.
Violation of the CBA
Flagrant & malicious refusal to comply with the economic
conditions or provisions thereof
9.
Initiates, dominates, assists otherwise interferes with the
formation or administration of any labor organization including the
giving of financial or other support to its organizers or officers
RELIEF IN ULP CASES - not subject to compromise
Cease and desist order where :

Restrained conduct was an issue in the case

There was a finding of fact on said misconduct

Finding of fact supported by evidence

Reinstatement, Payment of Backwages
Disestablishment - withdrew all recognition from the dominated
labor union
Order to bargain
ULP OF LABOR ORGANIZATIONS
1)
Restraint, interference or coercion in their exercise of the right to
self-organization
Mere tendency to interfere is enough
2)
Causes employer to discriminate between union and non-union
members or members of another union
3)

Violation of duty or refusal to bargain collectively

4)
Featherbedding : employee practices which create or spread
employment by unnecessarily maintaining or increasing the number of
employees used or the amount of time consumed to work on a
particular job

5)
Accept/ask for negotiation or attorney's fees from employers as
part of the settlement of any issue in collective bargaining or any other
dispute
6)
Gross violation of CBA (if not gross, not ULP)
Flagrant & malicious refusal to comply with the economic
conditions or provisions thereof
DUTY TO BARGAIN COLLECTIVELY:
Participation of Workers in Policy and Decision Making
workers shall have the right subject to such rules and regulations
as the Secretary of Labor and Employment may promulgate, to
participate in policy & decision making processes of the establishment
where they are employed insofar as said processes will directly affect
their rights, benefits, and welfare pursuant to this, Labor-Management
Councils may be formed

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
Exclusive Bargaining Representative
labor organization designated or selected by the majority of the
employees in an appropriate bargaining unit
despite having an EBR, an individual employee or group of
employees shall have the right at anytime to present grievances to their
employers
SELECTION OF BARGAINING REPRESENTATIVE:
Voluntary Recognition in unorganized establishments, the
employer may voluntarily recognize the representation status of a
union.
Within 30 days from recognition, the employer representative
and union president shall submit to the Regional Office a joint
statement, under oath, attesting to the fact of voluntary recognition,
which shall also include:
a)
proof of posting of the joint statement

b)
approximate number of employees in the bargaining unit,
accompanied by the names and signatures of at least majority of the
members of the bargaining unit supporting voluntary recognition
c)
statement that there is no other legitimate labor organization
operating within the bargaining unit.
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.
Certification Election -process of determining, through secret
ballot, the sole and exclusive bargaining unit for purposes of collective
bargaining.
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
Organized Establishment - a firm or company where there is a
recognized or certified exclusive bargaining agent
NOTE: Determination of organized establishment status should be at
the bargaining unit level. Hence, an establishment may be considered
organized insofar as the rank and file unit is concerned but not
organized insofar as the supervisory unit is concerned.
Representation Officer - person duly authorized to conduct and
supervise certification Elections
PETITION FOR CERTIFICATION ELECTION
A.
ORGANIZED ESTABLISHMENT (w/ CBA)
What: verified petition for questioning the majority status of the
incumbent bargaining agent
Who files: legitimate labor union or employer when requested to
bargain collectively
When filed:W/ CBA : within the 60 day freedom period before the
expiration of the CBA

W/O CBA: anytime except certification year rule OR

deadlock-bar rule
With whom filed: DOLE (Regional Office)
Requisite: written consent of at least 25% of all employees in the
bargaining unit
o
Labor Code, 25% not a requisite, but makes conduct of CE
mandatory if submitted
o
IRR, 25% is a requisite, absence of such is a ground for dismissal
of the petition.
NOTE: even if 25% is not achieved, if Med arbiter feels there is a
representation achievement, Med Arbiter may still order conduct of CE
[California Manufacturing v. Laguesma 209 SCRA 606 (1992)]
B.
1)
2)

UNORGANIZED ESTABLISHMENT (no CBA)

petition by a legitimate labor organization (no 25% requirement)
employer when requested to bargain collectively
PROCEDURE:

Med-Arbiter
working days
decides Decision final &

but it is Secretary who

unappealable
Petition where no CBA : anytime
Except - within 1 yr. From date of issuance of a final
certification election result
- after bargaining deadlock has been submitted (to
which an incumbent
bargaining
agent
is
a
party)
to
conciliation/arbitration or became subject of valid
notice to strike or lockout
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
CONDUCT OF CERTIFICATION ELECTION

1.
notice of at least 5 working days before actual date (2 most
conspicuous place)
2.
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)
a.
If no protest, election officer proclaims and certifies result
b.
When a protest is perfected or any challenge or eligibility issue
raised, only the Med-Arbiter can proclaim and certify the winner within
20 working days from filing

1.
2.
3.
4.

Contents of Notice :
date of election
names of contending parties
description of bargaining unit
list of eligible voters

all employees in bargaining unit can vote

CHALLENGE: before employees cast vote
Abstention not valid vote
FOUR (4) BARS to holding a Certification Election:

1)

ONE YEAR BAR (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.
NOTE:
Even if there is no winner in an election (no choice received
majority of valid votes cast) or the no union choice won, the election,
as long as it is valid (majority of eleigible voters voted) will be a bar for
one year.
2)
DEADLOCK BAR
during the existence of a bargaining deadlock to which an
incumbent or certified bargaining agent is a party and which had been
submitted to conciliation or arbitration or had become the subject of a
valid notice of strike or lock-out

3)
CONTRACT BAR
during the existence of CBA; CBA need not be certified, need only
to be registered under Art. 231
Applies as well after the lapse of the 60 day freedom period when
old CBA is extended until a new one is signed
Exception: within the freedom period
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
* REFUSAL TO BARGAIN BAR
Since law proscribes conduct of CE when there is a bargaining
deadlock submitted to conciliation or arbitration, with more reason
should it not be be conducted if, despite attempts to bring an employer
to the negotiation table by the certified bargaining agent, there was no
reasonable effort in good faith on the part of the employer to bargain
collectively. [Capitol Medical Center v. Laguesma 267 SCRA 503 (1997)]
Registration of CBA with BIR Regional office
5 copies within 30 cd from execution with verified proof of :
a)
posting in 2 conspicuous places
b)
ratification by majority of all workers
Regional office -- 2 copies; NCMB -- 1 copy; BLR -- 2 copies
registration fee of P1000.00 --- employer's cost
certificate of registration within 5 cd from receipt of agreement
TERM OF CBA : 5 years as to the representation aspect
Renegotiation of provisions other than representation aspect - not later
than 3 years after its execution
Bargaining Negotiations:
Request to Bargain by union => Counter-Proposal w/in 10 cal days or
reasonable period of time
NOTE:
There is nothing that says the arbitral awards or renewals of CBAs shall
always have retroactive effect. In the case of Meralco v. Secretary of
Labor, (February 2000) the Court issued the resolution that: where an
arbitral award is granted beyond six months after the expiration of the
existing CBA, and there is no agreement between the parties as to the
date of effectivity thereof, the arbitral award shall retroact to the first
day after the six month period following the expiration of the last day of
the CBA.

In resolving the motions for reconsideration in this case, the Court took
into consideration the fact that petitioner belongs to an industry
imbued with public interest and cannot ignore the enormous cost in
case of full retroaction of the arbitral award. Balancing this with the
interests of social justice; the arbitral award in this case would retroact
to the first day after the six-month period following the expiration of the
last day of the CBA. Parenthetically, during the period between the
expiration of the economic provisions and the date of effectivity of the
arbitral award, the hold-over principle shall govern. (Manila Electric
Company v. Secretary of Labor G.R. No. 127598, August 1, 2000).
STRIKES, LOCKOUTS AND CONCERTED ACTIONS
Strike : any temporary stoppage of work by concerted action of
employees as a result of an industrial labor dispute (mass resignation:
not a strike)
Lockout : temporary refusal of an employer to furnish work as a result of
an industrial or labor dispute
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
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
Valid Purpose for Concerted Activities
1)
collective bargaining
2)
mutual benefit and protection
Grounds for strikes and lockouts :
Deadlock [after reasonable efforts]

ULP [good faith of the strikers as to the existence of ULP is

sufficient, depending on circumstances]
* violations of CBA that are not flagrant and/or malicious refusal
to comply with its economic provisions are not ULP; not strikeable
Personality : LLO or recognized bargaining agent in case of economic
strike

1.

NOTICE OF STRIKE :
Cooling off period

30 days
15 days
Dispensed with if duly elected officer of union is dismissed
such as to constitute union busting
Duty of DOLE to exert all efforts at mediation and conciliation to
effect a voluntary settlement
30 day/15 day cooling off period mandatory
except : cases of union-busting
7-day strike ban mandatory
2. STRIKE VOTE: decision must be approved by a majority of the
total union membership in the bargaining unit concerned obtained by
secret ballots in meetings or referenda called for that purpose (or of the
BoD of the corp. case of a lockout)
3. REPORT OF STRIKE VOTE RESULTS: DOLE must be furnished
with the results of the voting at least 7 days before the intended strike
or lockout subject to the cooling off period (7 day strike ban)
DOLE informed of meeting 24 hours before
Assumption of Jurisdiction by Secretary of Labor (resolved within 30
calendar days)
1.
Discretionary
~ In his opinion there exists a labor dispute causing or likely to
cause a strike or lockout in an industry indispensable to the national
interest
arbitration
Effect: automatically enjoins the intended on impending strike or
lockout but if one has already taken place, all striking or locked out
employees shall immediately return to work and the employer shall
immediately resume operations and re-admit all workers under the
same terms and conditions prevailing before the strike or lock-out

2.
Mandatory: (within 24 hours)
~ In labor disputes adversely affecting the continued operation of
hospitals, clinics, or medical institutions
Duty of striking union or locking out employer to provide and
maintain an effective skeletal workforce of medical and other health
personnel, where movement and service shall be unhampered and
unrestricted as are necessary to insure the proper and adequate
protection of the life and health of its patients most especially
emergency cases for the duration of the strike or lock-out
President of the Philippines : 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
NOTE:
Before the SOLE may take cognizance of an issue which is merely
incidental to the labor dispute, the same must be involved in the labor
dispute itself, or otherwise submitted to him for resolution. [St.
Scholasticas College v. Torres 210 SCRA 565 (1992)]

PROHIBITED ACTIVITIES
1)
strike or lock-out without first having bargained collectivelystrike
or lock-out without the necessary notice being filed with the DOLE
2)
strike or lock-out without the necessary vote first having been
obtained and reported to the DOLE
3)
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
4)
knowingly participating in illegal strike/knowingly participates in
employment
5)
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
6)
employment or use of any strikebreaker/ employed as a strike
breaker
7)
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
8)
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. 10; now Sec. 6 (e) of DO 18 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.
NOTE: If violence is only in small scale, strike is still valid and only
perpetrators are accountable; if violence is in large scale, the strike is
rendered illegal.
EFFECTS OF ILLEGAL STRIKE
The following may be deemed to have lost employment status:
Union officer who knowingly participates in an illegal strike
Member who participaates in the commission of illegal acts
NOTE: Members of a union cannot be held responsible for an illegal
strike on the sole basis of such membership or even on account of their
affirmative vote authorizing the same. They beome liable only if they
actually participated therein.
During strike: No work, no pay
Exceptions:
1.
there is a return to work order and employer does not accept
them; strike continues
2.
ULP due to union discrimination, termination of ees,
discriminated employees discharged should be paid
NOTE: Violation of return to work order can be validly dismissed
Improved Offer Balloting
~ Referendum by the DOLE on the improved offer of the employer or on
the reduced offer of the union (on or before the 30th day of the strike
or lock-out)
where at least a majority of the union members/BOD, trustees, or
the partners holding the controlling interest vote and accept the
improved/reduced offer, the workers shall immediately return to work
and the employer shall thereupon readmit them upon the signing of the
agreement

Requirement for Arrest, Detention of Union Members/Organizers

for union Activities
GR: previous consultations with the Secretary of Labor
Exception: grounds of national security and public peace
: in case of commission of a crime
GUIDELINES FOR THE CONDUCT OF THE INP/AFP PERSONNEL
DURING STRIKES/LOCKOUT AND LABOT DISPUTES IN GENERAL**
Involvement limited to the :
a)
maintenance of peace and order
b)
enforcement of laws and legal order of duly constituted
authorities
c)
performance of special functions as maybe provided by law
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 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

ARRESTS/SEARCHES AND SEIZURES

effected only on the basis of an existing and valid warrant


any person who obstructs the free and lawful ingress to and
egress from the employer's premises or who obstructs public
thoroughfares may be arrested and accordingly charged in court

as well as any person who shall have in his possession deadly

weapons in violation of BP Blg. 06 such as knives, bolos, blunt or
pointed instruments and firearms or explosives in violation of PD 1896
Service of DOLE, Court or Lawful Orders/Writs

primary concern of the DOLE representatives, sheriff,

representative of the govt. agency issuing the order respectively

role of the AFP/INP is only supportive

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

whenever applicable, and if the evidence so warrants, appropriate

disciplinary action shall be takes against the erring personnel
JURISDICTION OF VOLUNTARY ARBITRATORS
1.
Original and Exclusive

all unresolved grievances arising from the interpretation or

implementation of the CBA

those arising from the interpretation or enforcement of company

personnel policies
2.
All other labor disputes AGREED to be referred to it by the parties
Grievance machinery,
be made
Final after

Automatically referred

Award

to

if unsettled after
7 calendar days
from submission

days

TERMINATION OF EMPLOYMENT
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
may be terminated only for just / authorized causes
2.
PROBATIONARY
General Rule: Not Exceed 6 mos.
EXCEPT:
a)
covered by an apprenticeship agreement stipulating a longer
period
b)
voluntary agreement of parties (especially when nature of work
requires a longer period)
c)
the employer gives the employee a second chance to pass the
standards set
*May be terminated:
a)
just / authorized causes
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
3.
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 - must be for the same or similar tasks; vital
and indispensable to the business (Maraguinot case)
4.
SEASONAL
one whose work or services to be performed is seasonal in nature
and the employment is for the duration of the season
5.
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 activity in which he is employed and his employment
shall continue while such activity exists
May be terminated with or without just cause
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 ee
term employment is not resorted to defeat the rights of the
workers rights

TERMINATION
JUST CAUSES
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)-It is not merely the FAILURE to obey, but it
MUST be a WILLFULL AFFRONT to the employers authority. The
requisites are:
a.)
A lawful order
b.) Employee knows of the order.
c.)
Order is work related.
2.
Gross and habitual neglect by the employee of his duties-BOTH
gross and habitual; must concur together. Previous infractions by the
employee should have been acted upon appropriately by the employer
before terminating the former.

3.
Fraud or willful breach by employee of the trust reposed in him by
his employer or duly authorized representative (not mere suspicion)-For
rank and file workers, there must be an OVERT/ACTUAL ACT;
furthermore, the worker should have been entrusted with the custody
of money of property by the employer.
For managerial/confidential employees, acts ARE NOT necessary;
MERE CIRCUMSTANCES tending to show loss of confidence are
enough.
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-A criminal
case need not be actually filed. Commission of acts constituting a
crime is sufficient.
5.
Other causes analogous to the foregoing-Immorality; For private
sector employees, it can only be grounds if it is work related/affects
work. For public sector employees, immorality is sufficient cause for
termination.
Sexual Harrasment-Commision of acts constituting such is enough; a
criminal case need not be filed.
NOTE: Sexual harrasment (used in ordinary sense) may still be a
ground for termination even if it will not fall under the restrictive
definition of sexual harrasment under 7877.
AUTHORIZED CAUSES
GROUNDS
1.
Introduction of 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)
The redundancy SHOULD NOT have been created by the
EMPLOYER.
3.
-

Retrenchment
resorted primarily to avoid or minimize business losses

(1)
(2)
(3)
(4)
(5)

criteria of who to lay off

less preferred status
efficiency rating
seniority
performance
Last in-first out (optional)
Standards of retrenchment
a.
losses expected should be substantial and not merely de minimis
in extent
Substantial is a relative term, depending on the size and overall
profitability of the company. LOSSES are defined a companys NET
INCOME in its financial statements being NEGATIVE.
b.
substantial loss apprehended must be reasonably imminent
c.
retrenchment must be reasonable necessary and likely to
effectively prevent the expected losses (very difficult to justify
retrenching just one person)
d.
alleged losses, if already realized, and the expected imminent
losses sought to be forestalled, must be proven by sufficient and
convincing evidence
e.
The company should have undertaken other cost-cutting means
before retrenchment. I.e., retrenchment is the final option.
4.

Closure of business as a result of grave financial loss

5.
Closure not due to losses.
-In cases of closure, it must NOT be in BAD FAITH. The standard for
determining such is the TOTALITY OF CONDUCT doctrine.
* Ailment or disease (other authorized causes: non-economic ground)
when his continued employment is prohibited by law or
prejudicial to his health or to the health of his co-employees
there is a certification by a competent public health authority that
the disease is of such nature or at such stage that it cannot be cured
within a period of 6 months even with proper medical treatment
NOTICE AND SEPARATION PAY
written notice served on the worker and the DOLE at least 1
month before the intended date thereof
Separation Pay:
Installation of labor-saving devices
Redundancy1 month pay or 1 month pay for every year of
service whichever is higher.
NOTE: 1 month pay for every year is always higher if the
employee has served for more than 1 year.

Retrenchment to prevent losses

closures or cessation of operations of establishments or
undertaking NOT due to serious business losses or financial reverses
disease
1 month pay or at least 1/2 month pay for every
year of service whichever is higher
** A fraction of at least 6 moths shall be considered as one year.
BACKWAGES
granted on grounds of equity for earnings which a worker has lost
due to his illegal dismissal.
full backwages are to be awarded to an illegally dismissed
employee and should not be diminished or reduced by earnings derived
elsewhere
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
EFFECTS OF REMOVAL WITHOUT CAUSE :
1)
entitled to reinstatement without loss of seniority and other
privileges
If reinstatement no longer possible, separation pay.
2 instances when reinstatement is not possible:
a.)
Strained relations - applies only to managerial/confidential
employees.
b.) Position has been abolished applies to both managerial and
rank and file.
2)
entitled to full backwages, inclusive of allowances and other
benefits or their monetary equivalent. Back wages are PUNITIVE in
relation to the employer. Hence, they must be paid IN FULL from time

of illegal dismissal (there is no longer a maximum period). Back wages

must be paid regardless of whether or not the employee has since found
work elsewhere. Back wages are computed by assuming that there was
NEVER ANY TERMINATION. Hence, it would be as if EE had been
working in company all the time.
3)
damages
a)
Moral-If the dismissal is in bad faith, attended by fraud, is against
public policy, good customs, morals, or is oppressive to labor.
b)
Exemplary-If the dismissal is wanton, oppressive, or malevolent.
EFFECT OF REMOVAL WITH CAUSE BUT WITHOUT DUE PROCESS
Serrano tells us that termination due to authorized cause without giving
the notice required under the Labor Code is not a violation of due
process. It is valid although declared irregular/ineffectual. (G.R. 117040,
January 27,2000) He shall however be entitled to separation pay and
backwages subject to the following rules:
When the dismissal is for a cause, the employee, whether
dismissed for just cause or authorized cause but without prior notice, is
entitled to full backwages from the time he was terminated until the
decision finding cause becomes final.
When the dismissal is without just or authorized cause,
backwages shall be computed from the time of his dismissal until his
actual reinstatement.
CONSTRUCTIVE DISMISSAL
a.)
No formal dismissal
b.) The employee is placed in a situation by the employer such that
his continued employment has become UNBEARABLE.
DISMISSAL IN RELATION TO CLOSED SHOP AGREEMENT
a.)
The company cannot dismiss an employee on the mere allegation
of the union.
b.) The company must conduct an independent investigation of the
charges before taking action.
FLOATING STATUS
a.)
It is legal, such as in the case of security guards who have no
assignment.
b.) Such a status should not exceed six-months; if it does, it amounts
to a dismissal.
ABANDONMENT
means the deliberate, unjustified refusal of an employee to
resume his/her employment.

Two elements must be proved:

1)
the intention to abandon; and
2)
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
RESIGNATION
a.
WITHOUT JUST CAUSE
1.
at least 1 month prior notice
2.
employee may be held liable for damages for failure to give notice
b.
WITH JUST CAUSE
1.
GROUNDS
a.
serious insult on the honor and person of employee by the
employer or his representative
b.
inhumane and unbearable treatment accorded to the employee
c.
commission of a crime against person of the employee or any of
the immediate members of his family
d.
other causes analogous to the foregoing
2.
NOTICE NOT NECESSARY
NOTE: Resigning employee not entitled to separation pay, unless
company policy gives it.
EMPLOYMENT NOT DEEMED TERMINATED
a.
bona fide suspension of the operation of a business/undertaking
for a period of not more than 6 months
b.
fulfillment by the employee of a military or civic duty
Effects : Employer shall reinstate the employee to his former
position without loss of seniority rights IF employee indicates his desire
to resume his work not later than 1 month from resumption of
operations of his employer or his relief from the military or civic duty
PREVENTIVE SUSPENSION
justified where the employees continued employment poses a
serious and imminent threat to the life or property of the employer or of
his co-workers (there is a REASONABLE POSSIBILITY of the employee
posing such a threat).
must not exceed 1 month
only for the purpose of investigating the offense to determine
whether he is to be dismissed or not. IT IS NOT A PENALTY.
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

RETIREMENT PAY LAW (RA 7641)

A.
WHO ARE EXEMPTED:
~ retail, service, agricultural establishments
~ operations employing not more than 10 employees or workers
B.
KINDS:
1.
OPTIONAL - 60 years old / 5 years in service (includes authorized
absences/vacations/regular holidays/mandatory military or civic
service). This depends on the stipulations in the CBA, company
retirement plan, or employment contract.
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: (22.5 days)
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
** MINIMUM ~ no. 1 + no. 2 + no. 3 = n x years of service
~ minimum only so employer must pay deficiency in case agreed
amount be less than the above
DISPUTE SETTLEMENT
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

A.
o
o

BUREAU OF LABOR RELATIONS

original jurisdiction: appeal to Office of the Secretary
appellate jurisdiction: appeal to Court of Appeals on certiorari

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

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
3.

POWER TO ISSUE SUBPOENA

~ when relevant to a labor dispute under its jurisdiction either at
the request of any interested party or at its own initiative
4.
REGISTRY
AGREEMENTS

OF

UNIONS

AND

FILING

OF

COLLECTIVE

a.
registry of LLO
b.
file of all CBA and other related agreements, records of
settlement of labor disputes, copies of orders, and decisions of
voluntary arbitrators
~
open and accessible to interested parties under conditions
prescribed by the Secretary of DOLE, provided that no specific
information submitted in confidence shall be disclosed UNLESS
authorized by the Secretary OR when it is at issue in any judicial
litigation OR when public interest or national security so requires
~
submitted within 30 days from execution of CBA to the
BLR/DOLE for registration accompanied with verified proofs of its
posting in 2 conspicuous places in the place of work and ratification by
the majority of all the workers in the bargaining unit
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 days to the Secretary
~ GROUNDS: a. grave abuse of discretion
b. gross incompetence

SUMMARY OF JURISDICTION
A.

VOLUNTARY ARBITRATORS
~ supervised by National Conciliation and Mediation Board
(NCMB)
~ cases decided within 20 cal days, final within 10 cal 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
monetary claim based on a CBA provision is under the exclusive
jurisdiction of the grievance machinery & VA
2.
unresolved grievances arising from the interpretation or
enforcement of company personnel policies
3.
upon agreement of parties = any dispute
B.

MED-ARBITERS/BLR
Original Jurisdiction: appeal to the Office of the Secretary
Appellate Jurisdiction: appeal to CA on certiorari
1.
petition for certification election (Med Arbiter)
2.
registration of CBA/ Labor Org
3.
inter-union conflicts (representation issue/cancellation of
registration) - BLR
4.
intra-union conflicts (election of officers/ compliance with CBL)
Regional Director; appeal with BLR
C.
POEA
appeal to Secretary of DOLE within 10 cal days
o
cancellation/ revocation/ supervision of license or authority
appeal to NLRC within 10 cal days
o
violation of overseas employment contracts
o
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
LABOR ARBITERs jurisdiction
1.
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
NLRC - EXCLUSIVE appellate jurisdiction over all cases decided by
Labor Arbiters
OCULAR INSPECTION by Labor Arbiter & NLRC at any time during
working hours
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
ORDER OF REINSTATEMENT OF LABOR ARBITER
self-executing with no need for a writ of execution
immediately executory even pending appeal
either admitted back to work under the same terms and
conditions prevailing prior to his dismissal or separation or merely
reinstated in the payroll ( at the option of the employer, but which
choice must be communicated to the employee by the employer)
posting of a bond shall not stay the execution of reinstatement
FILING OF MEMORANDUM OF:
a.
APPEAL

decision by NLRC, then within 1

b.
ENFORCEMENT:
any law enforcement agency may be deputized by the Secretary
of DOLE of the NLRC
issuance of writ of execution on a judgment within 5 years from
date it becomes final and executory motu proprio or in motion of any
interested party
E.
REGIONAL DIRECTORS
1.
- no limit to
claims
2.
~ summary appeal to NLRC within 5 cd
3.
violation of the CBL and right and conditions of membership
PRESCRIPTIVE PERIODS

ULP

year
MONEY CLAIMS
3 years
OFFENSES UNDER LC 3 years
ILLEGAL DISMISSAL
4
years
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
APPEARANCES AND FEES
A.
When non-lawyers appear before the NLRC/LA
1.
if they represent themselves
2.
if they represent their organizations or members thereof
B. Attorney's Fees, negotiations fees or similar charges of any kind
arising from any collective bargaining negotiations or conclusion of the
collective agreement shall be imposed on any individual member of the
contracting union

Proceeding for recovery of wages may be assessed against

monetary benefits awarded (10%)
CBA negotiations charged against union funds in an amount to be
agreed upon by parties attorney's fees may be charged against union
funds in an amount to be agreed upon by the parties
contract, agreement to the contrary shall be VOID

RA 6971 -- Productivity Incentives Act of 1990

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
Productivity Incentives Program
contains provisions for the manner of sharing and the factors in
determining productivity bonuses
productivity granted ,1/2 (percentage increase in the productivity
of the business enterprise)
granted salary bonuses = increases in current productivity over
the average for the preceding 3 consecutive years
entitles employer to special deduction from gross income
equivalent of 50% of the total allowable ordinary and necessary
business deductions for said bonuses under the NIRC
Salient features of the SSS Law and GSIS Law.
Social Security Act of 1997 (RA 8282) Government
Service
Insurance Act of 1997 (RA 8291)
Employer Any person, natural or judicial, domestic or foreign
who carries on in the Philippines any trade, business, industry
undertaking or activity of any kind and uses the services of another
person who is under his orders as regards employment 8 (c)
Exempt employer: government and any of its political
subdivisions, branches and instrumentality, including GOCCs The
national government, its political subdivisions, branches, agencies or
instrumentalities, including GOCCs, and financial institutions with
original charters, the constitutional commissions and the judiciary
BENEFICIARIES
1. PRIMARY

2. SECONDARY

3. OTHERS
a.
Dependent Spouse until remarriage AND
b.
Dependent Legitimate or Legitimated or Legally Adopted and
Illegitimate Children
Dependent Parents

Absent primary and secondary beneficiaries, any other person

designated by member as secondary beneficiary
As to DEATH BENEFITS, If no beneficiary qualifies under the Act,
benefits shall be paid to Legal Heirs in accordance with Law of
Succession a.
Legal, Dependent Spouse until remarriage AND
b.
Dependent Children

Dependent Parents; AND

Legitimate descendants subject to restrictions on dependent children,
legitimate descendants
BENEFITS Monthly Pension
Dependents Pension
Retirement
Death
Permanent Disability
Funeral
Sickness
Maternity (ONLY 1ST FOUR DELIVERIES OR MISCARRIAGES)
1.
ALL MEMBERS
a.
Life Insurance
b.
Retirement

c.
d.
e.
f.

Disability
Survivorship
Separation
Unemployment

2.
JUDICIARY
A.
Life Insurance ONLY
-ALL TAX EXEMPT
COVERAGE
1. Compulsory
1.
All employees not over sixty (60) years of age and their
employers; compulsory coverage of the employer shall take effect on
the first day of his operation and that of the employee on the day of his
employment
2.
self-employed employees as may be determined by the
Commission under such rules and regulations as it may prescribe,
including, but limited to: all self-employed professionals; partners and
single-proprietors of business; actors and actresses, directors,
scriptwriters and news correspondents not employees; professional
athletes, coaches, trainers and jockeys, and individual farmers and
fishermen; upon their registration with the SSS.
3.
Domestic helpers who are sixty years of age and below with a
monthloy income of not less than P1,000 on the date of their
employment
4.
individual farmers and fishermen under SS rules and regulations
Voluntary:
1.
Filipinos recruited by foreign-based employers for employment
abroad
2.
Employee separated from employment
3.
Self-employed realizes no income
4.
Spouse who devotes full time managing household and family
affairs unless specifically mandatorily covered
By Arrangement:
any foreign government, international organization or wholly owned
instrumentality employing workers in the Philippines or employing
Filipinos outside the Philippines may enter agreement with Philippines
for inclusion of such employees in SSS EXCEPT those already covered
by their respective civil service retirement system.
Compulsory for all employees receiving compensation who have not
reached compulsory retirement age, irrespective of employment status

Exceptions (from coverage)

1.
employment purely casual and not
for purpose occupation, or business employer
2.
service performed on or in connection with alien vessel, if
employed when such vessel is outside of Philippines
3.
employees of Philippine government or instrumentality or agency
thereof
4.
service performed in the employee of a foreign government, or
international organizations, of wholly owned instrumentality employing
workers in the Philippines or employing Filipinos outside of the
Philippines
5.
services performed by temporary and other employees excluded
by SSS regulation; employees of bonafide independent contractors
shall not be deemed employees of the employer engaging the services
of an independent contractor 1.
Members of the Armed Forces
2.
Members of the PNP
* members of judiciary and constitutional commissions: life insurance
only
BASIS OF CLAIM Non-work connected disability, sickness, maternity,
death and old age and other contingencies resulting in loss of income or
financial burden (sec. 2) Work-connected exempt from liability where
permanent disability due to his grave misconduct, habitual intoxication,
or willful intention to kill himself or another (sec. 15-17)

Revised by Atty. Cacdac, Atty. Manuel, Camille and Rod

Commonly Asked Questions [1995-1999 Labor Law Bar Examinations]
I.) General Concepts
- Discuss the three general classifications of labor statues
-Distinguish between labor and social legislation.
-Relate the constitutional guarantee of freedom of association with the
nature of a closed shop agreement.
-Discuss the constitutional rights of employees and employers.
-Discuss the constitutional provisions on labor.
-Expound on the provision that all doubts in the interpretation and
application of laws should be settled in favor of labor.
II.) Dismissal
-Enumerate and define the various just and authorized causes
-Discuss the twin requirements for a valid dismissal.
-Define the concept of willful disobedience
-When should separation pay be granted as a matter of social justice
even if a dismissal is for cause?

-Enumerate and discuss the five instances when reinstatement is no

longer possible.
-Define constructive dismissal.
-Define serious misconduct.
-Enumerate and discuss the various remedies for an illegal dismissal.
-Discuss the rules covering retrenchment.
-Expound on piercing the veil of corporate fiction in relation to illegal
dismissal cases.
-Discuss the rule on dismissed employees quit claims.
-Discuss the concept of due process in illegal dismissal cases.
-What are the legal implications of an employee being on floating
status.
III.) Classification of Employees
-How do you determine the existence of an employer-employee
relationship?
-Differentiate between managerial, supervisory, and rank and file
employees.
-Define and discuss the concept of lay down and execute management
policies.
-Discuss the rules on probationary employment.
-What are the rules on students who are allowed to work in their schools
in exchange for a free education (is there an employer-employee
relationship)?
-What is the rule on successor-employers?
IV.) Jurisdictional Issues
-Discuss the jurisdiction of various government labor agencies, as well
as the modes of appeal of their decisions (LA, NLRC, etc.).
-What are the objectives of the Secretary of Labor in certifying a labor
dispute to the NLRC?
-Discuss and differentiate between Articles 128 and 129 of The Labor
Code.
-Differentiate between the jurisdiction of the Labor Arbiter and the
regular RTC in relation to damage claims filed by employees.
V.) Strikes
-Differentiate between a legal and illegal strike.
-What is the concept of a strike?
-What are the effects of a strike on an employer-employee relationship?
-What are the provisions on illegal lockout? I.e., when is it committed?
-What are the legal effects of an assumption of jurisdiction order?
-When and under what circumstances can the Secretary of Labor issue
an assumption of jurisdiction order?

VI.) Special Laws

-What are the salient points/key provisions of the SSS and GSIS, and
other social security laws?

VII.) Labor Organizations and Collective Bargaining

-What is a labor organization?
-What is a bargaining unit?
-Explain the concept of mutual interests in relation to a bargaining
unit.
-What is the concept of a collective bargaining agreement?
-What are the mandatory subjects of collective bargaining?
-Define the duty to bargain collectively.
-What are the jurisdictional requirements to trigger the duty to bargain
collectively?
-Differentiate between a closed shop and agency shop agreement.
-What are the rules on levying assessments and collecting dues from
union members?
-Differentiate between a contract bar and deadlock bar.
VIII.) Certification Elections
-What is the bystander rule in relation to certification elections?
-What are the procedures and requirements for a certification election?
IX.) Compensation
-What are the rules covering overtime, night shift differential, and
holiday pay?
-What is included in the term compensation?
-Discuss the concept of a wage distortion.
-Discuss the concept and rules governing bonus payments.
X.) Others
-Discuss the rules on domestic helpers?
-Discuss the various prescriptive periods for actions relating labor
disputes?
-Discuss and differentiate between job only and labor only contracting.
-Discuss the concept of on call.
-Discuss the rules governing women workers.
-Discuss the rules governing recruitment and placement of workers.
-Discuss the rules on handicapped workers?
-Discuss the rules governing employment of foreigners?
-Define unfair labor practice. Give examples.