QUICK REVIEWER IN LABOR LAWS

LABOR DISPUTE
Any matter or controversy concerning terms and conditions of
employment or the association or representation of persons in negotiating,
fixing, maintaining, changing, or arranging the terms and conditions in a
proximate relation of employers and employees.
Any controversy or matter concerning the association or representation of
persons for purposes of collective bargaining or concerning terms or
conditions of employment, including violations of labor standards, labor
relations, and welfare of social laws.
TYPES OF DISPUTE
A labor dispute may be between:

the employer and its employees or employees organization;

two associations of employees; and

members of employees organization

Labor Standards Disputes include non-payment or under-payment of
wages and wage-related benefits and violations of health and safety
standards.
Labor Relations Disputes include employee discipline or dismissals,
unfair labor practices, disputes arising from the right of unions to
represent employees for purposes of bargaining, bargaining deadlocks,
strikes and lockouts, contract administration and personnel policy
disputes.
Welfare and Social Legislation Disputes refer to claims arising from
failure of the employer to comply with its social and welfare obligations
under the law, such as remittances of SSS premiums and ECC
contributions, or failure to pay social benefits including maternity pay,
medicare and disability compensation.
WHERE TO SEEK REMEDIES
Labor Standards Disputes, including simple money claims not
exceeding Php5,000.00, which arise out of employee-employer relations Regional Office (RO) of the DOLE
Labor Relations Dispute, particularly illegal dismissals with or without
claim for reinstatement, unfair labor practices, strikes and lockouts and
claim for damages - Labor Arbiter in the Regional Arbitration
Branches of NLRC

Union Representation - Med-Arbiter of the DOLE-RO

Intra-Union Disputes and Cancellation of Union Registration DOLE-RO or the BLR
Bargaining Deadlocks needing
Regional Branches of NCMB

conciliation

and

mediation-

CBA Administration Disputes involving Personnel Policies. Grievance Machinery at the establishment, if any, then with the
Regional Branches of the NCMB
Social Legislation Disputes- Regional Branches of the ECC or the
SSS
SOCIAL LEGISLATION
Social Legislations are laws that provide social security benefits to
workers, generally through
income substitutes in case they suffer contingencies resulting in
temporary or permanent loss of earning capacity;
also rehabilitation assistance for work-related disability;
financial assistance or allowance for death or sickness;
old age pension in case of retirement; and,
credit access for social needs.
Social security benefits are sourced from a common fund sustained by
contributions from employers or employees, or both. The main social
security programs are:
the employees compensation program, which provides
employees and dependents with tax- exempt income and medical
benefits in cases of work- connected disability or death;
the social security program, which provides tax- exempt benefits
for employees and their families in case of disability, sickness, old
age or death;
the housing program, which provides employees who are
members of SSS with housing loans.
Also a part of social legislation is the retirement law, which provides
retirement benefits equivalent to month for every year of service to
employees who reach 60 or 65 at most years of age and who have
rendered at least 5 years of service.
WORKERS PARTICIPATION AND TRIPARTISM
The ideal relationship of employees and employers is social partnership.
They are expected to share primary responsibility in regulating their
relations and setting their differences. They are encouraged to set up
labor-management councils and other mechanisms for fostering
communication, consultation cooperation and joint decision making in
workplace.

Employees have a right to a just share in the fruits of production.

Employers are entitled to reasonable returns on their investments and to
expansion and growth. Both parties are encouraged to develop schemes
to improve efficiency, competitiveness and productivity that result in
increased income for employees and long-term sustainability for
employers.
Workers have a right to participate in policy and decision-making process
in matters directly affecting them. They have a right to take part in
tripartite activities with government and employers organizations. Through
their organizations, workers are entitled to representation in tripartite
decision-making functions as defined by law, including fixing of wages and
resolution of labor disputes.
RIGHT TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
The right to self-organization is the right of every worker, free of any
interference from the employer or from government, to form or join any
legitimate workers organization, association or union of his or her own
choice. Except
those classified as managerial or confidential, all
employees may form or join unions for purposes of collective bargaining
and other legitimate concerted activities. An employee is eligible for
membership in an appropriate union on the first day of his or her
employment.
Collective bargaining involves two parties:
1) the representative of the employer; and
2) a union duly authorized by the majority of the employees within a
bargaining unit called the exclusive collective bargaining agent.
It is a process where the parties agree
to fix and administer terms and conditions of employment which
must not be below the minimum standards fixed by law, and
to set a mechanism for resolving their grievances.
The result of collective bargaining is a contract called a collective
bargaining agreement (CBA). A CBA generally has a term of five (5) years.
The provisions of a CBA may be classified as political or economic.
Political provisions refer to those that define the coverage of the CBA
and recognize the collective bargaining agent as the exclusive
representative of the employees for the term of the CBA.
Economic provisions refer to all terms and conditions of employment
with a monetary value. Economic provisions have a term of five years but
may be negotiated before the end of the third year of effectivity of the
CBA.
ADMINISTRATION AND ENFORCEMENT

Labor standards are the minimum terms and conditions of employment

fixed through the Labor Code, including wages and wage-related benefits
and leaves. No employer is allowed to extend to its employees terms and
conditions of employment below these standards.
Under the visitorial power, the Secretary of Labor and Employment
through the Regional Director or an authorized representation, can inspect
or investigate the premises or records of the employer at any time
whenever work is being undertaken. The power is intended to determine
whether the employer is complying with labor standards or other
obligations to its workers as prescribed by the Labor Code.
Through the enforcement power, the Secretary of Labor and Employment
can
order an employer, after due notice and hearing, to comply with
labor standards;
issue at writ of execution in case the employer does not honor the
order of compliance; or
stop work or suspend operations if the violation poses an imminent
danger to the health and safety of the workers. If work is stopped or
suspended due to imminent danger, the employer has a right to a
hearing, to be conducted within 24 hours from the timework or
operations stopped. The hearing is to determine whether it is safe
for work or operations to resume.
SECURITY OF TENURE
Every employee shall be assured security of tenure. No employee can be
dismissed from work except for a just or authorized cause, and only after
due process.
Just Cause refers to any wrongdoing committed by an employee
including:
1) serious misconduct;
2) willful disobedience of employers lawful orders connected with
work;
3) gross and habitual neglect of duty;
4) Fraud or willful breach of trust;
5) commission of a crime or offense against the employer, employers
family member/s or representative; and,
6) other analogous cases.
Authorized Cause refers to an economic circumstance not due to the
employers fault, including:
1) the introduction of labor- saving devices;
2) redundancy;
3) retrenchment to prevent losses; and,
4) closure of cessation of business.
Due process on cases of just cause involves:
1) notice to employee of intent to dismiss and ground for dismissal;
2) opportunity for employee to explain his or her side; and,

3) notice of decision to dismiss. In authorized causes, due process

means written notice of dismissal to the employee, specifying the
grounds, at least 30 days before the date of termination.
The inability of a provisionary employee to meet the employers
prescribed standards of performance made known to him or her at the
time of hiring is also a just cause for dismissal.
EQUAL WORK OPPORTUNITIES FOR ALL
The State shall protect labor; promote full employment; provide equal
work opportunity regardless of gender, race, or creed; and regulate
employer- employee relations.
Male and female employees are entitled to equal compensation for work of
equal value and to equal access to promotion and training opportunities.
Discrimination against female employees is unlawful. It is also unlawful for
an employer to require as a condition of employment that a woman
employee shall not get married, or to stipulate expressly or tacitly that a
woman employee shall be deemed dismissed upon her marriage.
The minimum age of employment is 18 years for hazardous jobs, and 15
years for non- hazardous jobs. But a child below 15 may be employed by
parents or guardians in a non-hazardous job if the employment does not
interfere with the childs schooling.