Documente Academic
Documente Profesional
Documente Cultură
1
MEMORY AID
PRELIMINARY TITLE
LABOR exertion by human beings of
physical or mental efforts, or both,
towards the production of goods and
services. Labor also means that sector or
groups in a society which derives its
livelihood chiefly from rendition of work or
services in exchange for compensation
under managerial direction. (Mendoza:
2001)
CHAPTER I
GENERAL PROVISIONS
ART. 1. NAME OF DECREE
Labor Code of the Philippines
ART. 2. DATE OF EFFECTIVITY
The Labor Code took effect on November
1, 1974 (six months after its promulgation
on May 1,1974).
LABOR LEGISLATION - consists of
statutes, regulations and jurisprudence
governing the relations between capital
and labor, by providing for certain
standards of terms and conditions of
employment
or
providing
a
legal
framework within which these terms and
conditions
and
the
employment
relationship may be negotiated, adjusted
and administered.
- body of statutes, rules and
doctrines that defines State policies on
labor and employment, and governs the
rights and duties of workers and
employers
respecting
terms
and
conditions of employment by prescribing
certain standards therefore, or by
establishing a legal framework within
which better terms and conditions of work
could be obtained through collective
bargaining or other concerted activity.
IN
LABOR LAW
SOCIAL
LEGISLATION
1. governs the effects
of employment (e.g.
compensation
for injuries)
2. involves long
range benefits
3. covers
employment, profit
and non-profit
4. affects life
of employee
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
the
full
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
3
MEMORY AID
LABOR LAW
IN
ART. 3.
POLICY
DECLARATION
OF
BASIC
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
GREATER
supply
than
ARTS. 7-11.
Constitutional bases :
Art.III, Sec.21.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
5
MEMORY AID
IN
LABOR LAW
The
State
shall
promote
comprehensive rural development and
agrarian reform.
Art.XIII, Sec.4
The State shall, by law, undertake an
agrarian reform program founded on the
right of farmers and regular farmworkers,
who are landless, to own directly or
collectively the lands they till or, in the
case of other farmworkers, to receive a
just share of the fruits thereof. To this
end, the State shall encourage and
undertake the just distribution of all
agricultural lands, subject to such
priorities and reasonable retention limits
as the Congress may prescribe, taking into
account ecological, developmental, or
equity considerations, and subject to the
payment of just compensation. In
determining retention limits, the State
shall respect the rights of small
landowners. The State shall further
provide incentives for voluntary landsharing.
CHAPTER I
GENERAL PROVISIONS
BOOK ONE
PRE-EMPLOYMENT
TITLE I
RECRUITMENT AND PLACEMENT OF
WORKERS
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
ELEMENTS
OF
ENGAGING
IN
RECRUITMENT & PLACEMENT ACTIVITIES:
These conditions must concur
constitute recruitment & placement:
to
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
7
MEMORY AID
10. Prostitution;
11. Vandalism or destroying company
property;
12. Gunrunning or possession of deadly
weapons;
13. Unjust refusal to depart for the
worksite after all employment and
travel documents have been duly
approved
by
the
appropriate
government agencies; and
14. Violation of the laws and sacred
practices of the host country and
unjustified breach of government
approved employment contract by a
worker.
WHERE TO FILE DISCIPLINARY ACTION
CASES
- Rule VII of Book VII of the POEA
Rules provides that complaints for breach
of discipline against a contract worker
shall be filed with the Adjudication Office
or Regional Office of the POEA, as the case
may be. The POEA may motu propio
undertake disciplinary action against a
worker for breach of discipline. It shall
establish a system of watching and
blacklisting of overseas contract workers.
JURISDICTION TRANSFERRED TO THE
LABOR ARBITERS OF THE NLRC (Sec. 10,
RA 8042):
-claims arising out of an employeremployee relationship or by virtue of any
law or contract involving Filipino workers
for overseas deployment including claims
for actual, moral, exemplary and other
forms of damages.
VENUE: Money claims or claims for
damages should be filed before the
Regional Arbitration branch of the NLRC
where the complainant resides or where
the
principal
office
of
the
respondent/employer is situated, at the
option of the complainant.
COMPROMISE AGREEMENT: Consistent
with the policy encouraging amicable
settlement of labor disputes, Sec 10, RA
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
2. DOLE
3. POEA
4.
OWWA- provides social and welfare
services including insurance coverage,
legal assistance, placement assistance and
remittance services to Filipino overseas
workers.
5.
Re-Placement and Monitoring Center
(RPM)- develops livelihood programs for
the returning workers, the purpose of
which is to reintegrate the returning
migrant workers to the Philippine society.
ART. 18. BAN ON DIRECT HIRING
EXCEPTIONS:
1. Direct hiring by:
a. the members of the diplomatic
corps;
b. international organizations; and
c. such other employers as may be
allowed by DOLE
MINIMUM
REQUIREMENTS
OR
EMPLOYMENT
CONDITIONS
OF
OVERSEAS EMPLOYMENT PRESCRIBED
BY POEA :
(GFF-JW-RAF)
hours and overtime pay for services
rendered beyond regular working
hours in accordance with the
standards established by the POEA;
2. Free Transportation from point of hire
to site of employment and return;
3. Free emergency medical and dental
treatment and facilities;
4. Just causes for termination of the
contract or of the services of the
workers;
5. Workmens compensation benefits and
war hazard protection;
6. Repatriation of workers remains and
properties in case of death to the
point of hire, or if this is not possible,
the proper disposition thereof;
7. Assistance on remittance of workers
salaries, allowances or allotments to
his beneficiaries; and
8. Free and adequate board and lodging
facilities
or
compensatory
food
allowance at prevailing cost of living
standards at the jobsite.
AGENCIES GIVEN THE DUTY TO PROMOTE
THE WELFARE AND PROTECT THE RIGHTS
OF MIGRANT WORKERS:
1. DFA
MANDATORY REMITTANCE
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
9
MEMORY AID
REQUIREMENTS:
- It shall be mandatory for all Filipino
workers abroad to remit a portion of their
foreign exchange earnings to their
families, dependents, and/or beneficiaries
in the country.
-The POEA Rules (Book III, Rule VIII)
prescribe the percentages of foreign
exchange remittance ranging from 50% to
80% of the basic salary, depending on the
workers kind of job.
ART. 25.
PRIVATE
SECTOR
PARTICIPATION IN THE RECRUITMENT AND
PLACEMENT OF WORKERS
LABOR LAW
Foreign Exchange
Remittance
(% of the Basic
salary)
Seamen or
mariners
80%
70%
Professionals
whose
employment
contract provide
for lodging facilities
70%
Professionals
without
board
and lodging
50%
CHAPTER II
REGULATIONS OF RECRUITMENT AND
PLACEMENT ACTIVITIES
IN
50%
Domestic and other
service
Workers
WHETHER FOR PROFIT OR NOT:
1. Travel agencies and sales agencies
of airline companies (Art.26,LC);
2. Officers or members of the board
of any corporation or members in
a partnership engaged in the
business of a travel agency;
3. Corporations and partnerships,
when any of its officers, members
of the board or partners, is also an
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
10
b)
c)
d)
5. Persons
employed
in
the
Department of Labor or in other
government
agencies
directly
involved in overseas employment
program and their relatives within
the 4th degree of consanguinity or
affinity; or those whose license
has been previously canceled or
revoked
(POEA Rules &
Regulations
governing
the
Recruitment & Employment of
Land-Based Overseas Workers of
2002 ).
ART. 29. NON-TRANSFERABILITY OF
LICENSE OR AUTHORITY
-
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
11
MEMORY AID
5.
6.
7.
8.
9.
10.
11.
LABOR LAW
from
oppressive
terms
and
conditions of employment;
To influence or attempt to
influence any person or entity not
to employ any worker who has not
applied for employment through
his agency.
To engage in the recruitment or
placement of jobs harmful to
public health or morality or to the
dignity of the Republic of the
Philippines;
To obstruct inspection by the
Secretary of Labor or by his duly
authorized representatives;
To fail to file reports on the status
of
employment,
placement,
vacancies, remittances of foreign
exchange earnings, separation
from jobs, departures and such
other matters as may be required
by the Secretary of Labor;
To substitute or alter employment
contracts approved and verified by
the DOLE from the time of actual
signing thereof by the parties up
to and including the periods of
expiration of the same without the
approval of the Secretary of Labor;
To become an officer or member
of the Board of any corporation
engaged directly or indirectly in
the management of a travel
agency; and
To withhold or deny travel
documents from applicant workers
before departure for monetary or
financial considerations other than
those authorized under this Code
and its implementing rules and
regulations.
ART. 35.
CANCELLATION
AUTHORITY
-
IN
SUSPENSION AND/OR
OF
LICENSE
OR
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
12
GROUNDS
FOR
SUSPENSION/
CANCELLATION OF LICENSE:
1. Charging a fee before the worker
is employed or in excess of the
authorized amount;
2. Doing recruitment in places
outside its authorized area;
3. Deploying
workers
without
processing through the POEA;
4. Substituting
or
altering
employment contracts; and
5. Publishing job announcements
without the POEAs prior approval.
(Sec.4, Rule2, Book IV, POEA
Rules)
NON-LICENSEE OR NON-HOLDER OF
AUTHORITY - any person, corporation or
entity which has not been issued a valid
license or authority to engage in
recruitment and placement by the
Secretary of Labor, or whose license or
authority has been suspended, revoked, or
cancelled by the POEA and the Secretary.
(PP vs. Diaz 259 SCRA 441 (1996)
- The DOLE Secretary and the POEA
Administrator exercise concurrent
CHAPTER III
MISCELLANEOUS PROVISIONS
ART. 38. ILLEGAL RECRUITMENT (as
per RA 8042 otherwise known as the
Migrant Workers Act of 1995)
ILLEGAL RECRUITMENT - Any act of
canvassing,
enlisting,
contracting,
transporting, utilizing, hiring or procuring
workers and includes referring contract
services, promising or advertising for
employment abroad, whether for profit or
not when undertaken by a non-licensee or
non-holder of authority; PROVIDED that
any such non-licensee or non-holder of
authority who in any manner, offers or
promises for a fee employment abroad to
two or more persons shall be deemed so
engaged. It shall likewise include the
commission of the following prohibited
acts whether committed by a non-licensee
or non-holder of authority or a licensee or
holder of authority (Sec.6, RA 8042):
a) Those prohibited practices
enumerated under Art. 34;
b) Failure to actually deploy
without
valid
reason
as
determined by DOLE; and
c) Failure to reimburse expenses
incurred by the worker in
connection
with
his
documentation and processing
for purposes of deployment, in
cases where the deployment
does not actually take place
without the workers fault.
Recruitment
and
placement
activities
of
agents
or
representatives appointed by a
licensee, whose appointments
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
13
MEMORY AID
I. When
illegal recruitment
committed by a SYNDICATE
is
VENUE OF ACTIONS
RECRUITMENT
ILLEGAL
SUMMARY OF RULES ON
PRESCRIPTIVE PERIOD & PENALTY:
ILLEGAL
REGULAR
ECONOMIC
SABOTAGE
Prescriptive
Period
5 years
20 years
Imprisonment
Prision
mayor
Life imprisonment
Fine
200T500T
500T-1M
RECRUITMENT
CONSEQUENCES OF CONVICTION:
(AFC)
TITLE II
EMPLOYMENT OF NON-RESIDENT
ALIENS
1. automatic revocation
of the
license or authority (Art39 e,LC)
2. forfeiture of the cash and surety
bonds(Art.39 e,LC)
ON
if it is committed against
three (3) or more persons.
LABOR LAW
is
IN
3. conviction for
the crime of
estafa provided all the elements
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
14
3)
of
2)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
15
MEMORY AID
IN
LABOR LAW
BOOK TWO
HUMAN RESOURCES DEVELOPMENT
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
16
TITLE I
NATIONAL MANPOWER DEVELOPMENT
PROGRAM
CHAPTER I
NATIONAL POLICIES AND
ADMINISTRATIVE MACHINERY FOR
THEIR IMPLEMENTATION
ART. 43. STATEMENT OF OBJECTIVES
OF NATIONAL MANPOWER DEVELOPMENT
PROGRAM
1. to develop human resources;
2. to establish training institutions;
and
3. to formulate such integrated
plans, policies, & programs that
will ensure efficient and proper
allocation,
development
and
optimum utilization of the nation's
manpower, and thereby promote
employment
and
accelerate
economic and social growth.
c.
TITLE II
TRAINING AND EMPLOYMENT OF
SPECIAL WORKERS
d.
CHAPTER I
APPRENTICES
Types of Special Workers:
1. Apprentice
2. Learner
3. Handicapped
e.
APPRENTICESHIP
practical
training on the job supplemented
by related theoretical instruction.
APPRENTICE - a worker who is
covered
by
a
written
apprenticeship agreement with an
individual employer or any of the
entities recognized under this
chapter.
APPRENTICEABLE OCCUPATION any trade, form of employment or
occupation which requires more
than 3 months of practical training
on the job supplemented by
related theoretical instruction.
APPRENTICESHIP AGREEMENT - an
employment contract wherein the
employer binds himself to train
the apprentice and the apprentice
in turn accepts the terms of
training.
ON-THE-JOB TRAINING practical
work experience through actual
participation
in
productive
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
17
MEMORY AID
f.
ART. 59.
APPRENTICES
QUALIFICATIONS
OF
Qualifications of an Apprentice:
1. at least 15 years of age; [provided
that those who are at least 15 years
of age but less than eighteen may be
eligible for apprenticeship only in
non-hazardous occupations and the
apprenticeship agreement shall be
signed in his behalf by the parent or
guardian or authorized representative
of DOLE]
2. possess vocational aptitude and
capacity for appropriate tests; and
3. possess the ability to comprehend and
follow oral and written instructions
4. The
company
must
have
an
apprenticeship program duly approved
by the DOLE.
[Note: The apprenticeable age under Art. 59 LC is
14 but it is 15 under the Implementing Rules. The
question of variance is rendered moot and academic
by RA 7610 which explicitly prohibits employment of
children below 15 yrs. of age. RA 7610 recognizes
certain exceptions, but being an apprentice is not
one of the exceptions.]
IN
LABOR LAW
REQUESITES
FOR
A
VALID
APPRENTICESHIP:
1. Qualifications of the apprentice
2. Qualifications of the employer
3. Apprenticeship agreement duly
executed and signed which shall
contain the ff: (art.61, LC )
a.
b.
4. Apprenticeship
program
duly
approved by the DOLE ( Nitto
Enterprises vs. NLRC. G.R.No.
114337. Sept. 29,1995)
[otherwise, theres a possibility
that apprentice may become a
regular employee]
5. Period of apprenticeship shall not
exceed 6 months
ART. 62. SIGNING OF APPRENTICESHIP
AGREEMENT
ART.
60.
APPRENTICES
EMPLOYMENT
OF
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
18
OF
INVESTIGATION OF VIOLATION OF
APPRENTICESHIP
AGREEMENT:
(Art.65,LC)
- Either party to an agreement may
terminate the same after the
probationary period only for a valid
cause.
- Action may be initiated upon
complaint of any interested person or
upon DOLEs own initiative.
APPEAL (Art.66,LC)
decision of authorized agency of DOLE
Within 5 days fr. receipt of
decision
Secretary of DOLE
[Sec of DOLEs decision is final & executory]
EXHAUSTION OF ADMINISTRATIVE
REMEDIES: (Art.67,LC)
- No person shall institute any action for
the enforcement of any apprenticeship
agreement or for damages for breach
thereof, unless he has exhausted all
available administrative remedies.
- The plant apprenticeship committee
shall have initial responsibility for
EXCEPTION:
(Instances
when
organization of program is compulsory):
1. when
national
security
or
particular
requirements
of
economic
development
so
demand;
2. where
services
of
foreign
technicians are utilized by private
companies
in
apprenticeable
trades
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
19
MEMORY AID
APPRENTICESHIP
LEARNERSHIP
DURATION
Not less than 3
months practical
training on the job
but not more than
6months
Practical training on
the job not to
exceed 3 months.
CONCEPT
Practical training on
the job supplemented
by related theoretical
instruction
Hiring of persons as
trainees in semiskilled and other
industrial
occupations which
are nonapprenticeable and
which may be
learned through
practical training on
the job in a
relatively short
period of time.
With a commitment
to employ the
learner as regular
employee if he
desires upon
completion of
learnership
EFFECT OF PRETERMINATION
Worker is not
considered an
employee
Learner is
considered regular
employee after 2
months of training
and dismissal is
without fault of
learner
FOCUS OF TRAINING
Highly skilled or
technical industries &
in industrial
occupation
Semiskilled/industrial
occupation (nonapprenticeable)
APPROVAL
Requires
DOLE
approval for validity
Not required
Not required
IN
LABOR LAW
There is no employer-employee
relationship between students on one
hand, and schools, colleges or universities
agreement between them under which the
former agree to work for the latter in
exchange for the privilege to study free of
charge, provided the students are given
real opportunities, including such facilities
as may be reasonable and necessary to
finish their chosen courses under such
agreement. (Rule X. Sec. 14, Book III,
Implementing Rules)
Section 14, Rule X, Book III of the
Rules implementing the Labor Code was
promulgated by the Secretary of Labor
only for the purpose of administering and
enforcing the provisions of the Labor Code
on conditions of employment. In other
words, Rule X is merely a guide to the
enforcement of the substantive law on
labor.
The Court, thus, makes the
distinction and so holds that Section 14,
Rule X, Book III of the Rules is not the
decisive law in a CIVIL SUIT for damages
instituted by an injured person during a
vehicular accident against a working
student of a school and against the school
itself. The present case does not deal
with a labor dispute on conditions of
employment between an alleged employee
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
20
CHAPTER II
LEARNERS
ART. 73. LEARNERS DEFINED
LEARNERS - 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.
LEARNERSHIP AGREEMENT - refers to
the employment and training contract
entered into between the employer and
the learner.
ART. 74. WHEN LEARNERS MAY BE
HIRED
CONDITIONS FOR HIRING LEARNERS:
- Learners may be employed when:
1. no experienced workers
are available,
2. the
employment
of
learners being necessary
to prevent curtailment of
employment opportunities,
and
CHAPTER III
HANDICAPPED WORKERS
ART. 78. DEFINITION
HANDICAPPED WORKERS - those whose
earning capacity is impaired by age or
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
21
MEMORY AID
HANDICAPPED
PERSON
RA 7277
(Magna Carta for
Disabled Persons)
Those suffering
from restriction or
different abilities,
as a result of a
mental, physical or
sensory impairment,
to perform an
activity in the
manner or within
the range
considered normal
for a human being.
EQUAL
OPPORTUNITY
EMPLOYMENT ( SEC.5 RA 7277)
FOR
IN
LABOR LAW
OF
EMPLOYMENT
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
22
BOOK THREE
6. Domestic helpers
7. Persons on the personal
service of another
8. Workers paid by result
CONDITIONS OF EMPLOYMENT
TITLE I
WORKING CONDITIONS AND REST PERIODS
CHAPTER I
HOURS OF WORK
ART. 82. COVERAGE
TYPE OF EMPLOYEE
GOVERNMENT
EMPLOYEES
(including
those
employed in GOCCs
not
incorporated
under
the
Corpo.Code)
MANAGERIAL
EMPLOYEES
23
MEMORY AID
IN
LABOR LAW
Health
service
personnel in government
are excluded from the
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
24
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
25
MEMORY AID
IN
LABOR LAW
B.
PRELIMINARY
ACTIVITIES
-
&
ENGAGED TO WAIT
WAITING TO BE
ENGAGED
When waiting is an
integral part of the
job,
the
time
spent waiting is
compensable
Yes because he is
engaged to wait
for waiting is an
integral part of the
job.
POSTLIMINARY
compensable when:
No because during
his idle time, he is
specifically
relieved from all
duty. He is merely
waiting
to
be
engaged.
C. TRAVEL TIME
- Summary of Rules
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
26
TRAVEL
FROM
HOME TO
WORK
TRAVEL
THAT IS ALL
IN DAYS
WORK
TRAVEL
AWAY FROM
HOME
Normal
travel from
home
to
work which is
not
work
time
The
time
spent by an
employee in
travel as part
of
his
principal
activity, like
travel from
jobsite
to
jobsite
during
the
workday
Travel
that
keeps
an
employee
away
from
home
overnight
Compensable
and must be
counted
as
hours worked
Considered as
work
time
when it cuts
across
an
employees
workday
Generally:
not
compensable
Exception:
where
the
worker
is
made
to
work on an
emergency
call
and
travel
is
necessary in
proceeding
to
the
workplace,
the
time
spent
on
travel
is
compensable
(because it
substitutes
for the hours
that
the
employee
should have
been in the
office.
D. POWER INTERRUPTIONS
a. 1st 20 minutes is compensable;
b. succeeding
minutes
not
compensable
- but if despite the lapse of the 1 st
20 minutes the employees are
required
to
stay
in
their
workplaces,
such
time
is
compensable.
E. SEMESTRAL BREAK OF TEACHERS
- compensable hours worked for it is a
form of interruption beyond their
control.
- Only for regular full-time teachers
(Univ. of Pangasinan Faculty Union vs.
Univ. of Pangasinan; Feb. 20, 1984)
F. LECTURES, MEETINGS, TRAININGS,
PROGRAMS
not counted as working time if all the
following conditions are met:
a. attendance is outside of the
employees regular working hours;
b. attendance is in fact voluntary;
and
c. employee does not perform any
productive work during such
attendance.
G. WORK HOURS OF SEAMEN
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
27
MEMORY AID
REQUISITES:
1. employees voluntarily agree in writing
to a shortened meal period and are
willing to waive the overtime pay for
such shortened meal;
2. There
will
be
no
diminution
whatsoever in the salary and other
fringe benefits of the employees
existing before the affectivity of the
shortened meal period;
3. The work of the employees does not
involve strenuous physical exertion
and they are provided with adequate
coffee breaks;
4. The value of benefits is equal to the
compensation due them for the
shortened meal period;
5. Overtime pay will become due and
demandable if ever they are permitted
or made to work beyond 4:30 pm.
6.
IN
LABOR LAW
P800
Work Schedule:
6:00pm 2:00 am
= P100
=P40
P400
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
28
10pm-2am
4hrs x P100
NSD Pay
4hrs x P 10
Total wage earned
400
40
-----------P840
10 % of basic wage
P800
8:00am 5:00 pm
5:00pm 12:00 mn
= P800
e.g.
OVERTIME PAY
= P100
Payment for
Payment
for
the
work done during
excess of the regular
the night (10:00pm-8-hr work
6am)
(25% x P100)+100
= P125
x no.of OT hours (5pm-12mn)x 7hrs
--------
P875
P24
P800
875
24
-----------P1699
OVERTIME PAY
PREMIUM PAY
- is additional compensation for work
rendered by the employee on days
when normally he should not be
working such as special holidays and
weekly rest days.
WORK DAY
-the 24-hour period which
commences from the time the
employee regularly starts to work;
e.g., if the worker starts to work 8
am today, the workday is from 8am
today up to 8 am tomorrow.
- The minimum normal working hours
fixed by law need not be continuous to
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
29
MEMORY AID
IN
LABOR LAW
5.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
30
------------
= P100
COMPUTATION:
-----------P625
COMPUTATION:
8am-5pm
8hrs x P100.00
5pm-10pm 5hrs x P125.00
Total Take Home Pay
P800
625
-----------P1,425
= P200
8:00am 5:00 pm
(inclusive of 1 hour
meal break)
June
12
(Independence day)
5:00pm 10:00 pm
P1300
8am-5pm
8hrs x P200.00
5pm-10pm 5hrs x P260.00
P 1600
1300
-----------P2,900
P 800
8:00am 5:00 pm
(inclusive of 1 hour
meal break)
OT :
June 24
( Q.C. day - special holiday)
5:00pm 10:00 pm
= P 169
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
31
MEMORY AID
x no.of OT hours
(5pm-10pm)
5hrs
IN
LABOR LAW
P2,175
-----------P 845
COMPUTATION:
8am-5pm
8hrs x P130.00
5pm-10pm 5hrs x P169.00
Total Take Home Pay
P 1040
845
-----------P1,885
P 800
8:00am 5:00 pm
(inclusive of 1 hour
meal break)
OT
June 6
( Araw ng Caloocan special holiday coinciding
w/ employees scheduled
rest day)
5:00pm 10:00 pm
= P150
-----------COMPUTATION:
8am-5pm
8hrs x P150.00
5pm-10pm 5hrs x P195.00
P 975
P 1200
975
------------
5. DOUBLE HOLIDAY
Double holiday wage rate + 30% of Double
holiday wage rate (300%)
Daily Wage :
Work Schedule:
OT :
P 800
8:00am 5:00 pm
(inclusive of 1 hour
meal break)
April 9
(Araw ng Kagitingan &
at the same time Good
Friday)
5:00pm 10:00 pm
= P300
-----------P 1950
COMPUTATION:
8am-5pm
8hrs x P300.00
5pm-10pm 5hrs x P390.00
Total Take Home Pay
P 2400
1950
-----------P4,350
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
32
5. Where
the
completion
or
continuation of the work started
before the eight hour is necessary
to
prevent serious obstruction or
prejudice to the business or
operations of the employer; and
6. When it is necessary to avail of
favorable
weather
or
environmental conditions where
performance or quality of work is
dependent thereon.
RATIONALE
- An employees regular pay rate is
lower than the overtime rate. Offsetting
the undertime hours against the overtime
hours would result in undue deprivation of
the employees extra pay for overtime
work.
WORK
GENERAL RULE :
- Generally, employers can not compel his
workers to render overtime work against
his will.
EXCEPTION:
- Any employee may be required by the
employer to perform overtime work in
any of the following cases:
1. When the country is at war or
when any national or local
emergency has been declared by
the National Assembly or the Chief
Executive;
2. When it is necessary to prevent
loss of life or property or in case
of imminent danger to public
safety due to an actual or
impending emergency in the
locality
caused
by
serious
accidents, fire, flood, typhoon,
earthquake, epidemic, or other
disaster or calamity;
3. When there is urgent work to be
performed
on
machines,
installations, or equipment, in
order to avoid serious loss or
damage to the employer or some
other cause of similar nature;
4. When work is necessary to prevent
loss or damage to perishable
goods;
in
employer
render OT
is paid
required.
- For
purposes
of
overtime
and
other
remunerations.
OF
computing
additional
CHAPTER II
WEEKLY REST PERIOD
ART. 91. RIGHT TO A WEEKLY REST
DAY
CONCEPT OF REST DAY
- Employees should be provided a
rest period of not less than twenty four
(24) consecutive hours after every six (6)
consecutive normal work days.
- Weekly Rest period is within the
purview of employers prerogative.
The employer shall schedule the weekly
rest day of his employees subject to
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
33
MEMORY AID
collective
bargaining
agreement.
However, the employer shall respect the
preference of employees as to their
weekly rest day when such preference is
based on religious grounds. But when
such preference will prejudice the
operations of the undertaking and the
employer cannot normally result to other
remedial measures, the employer may so
schedule the weekly rest day that meets
the employees choice for at least two (2)
days a month.
GENERAL RULE:
-
EXCEPTION: (UPANAC)
- The employer may require his employees
to work on any day even on a rest day:
1. In cases of urgent work to be
performed on the machinery,
equipment, or installation, to
avoid serious loss which the
employer would otherwise suffer;
2. To prevent loss or damage to
perishable goods;
3. In case of actual or impending
emergencies caused by serious
accident, fire, flood, typhoon,
earthquake, epidemic, or other
disaster or calamity to prevent loss
of life and property, or imminent
danger to public safety;
Where the nature of the work
requires continuous operations and
the stoppage of work may result in
irreparable injury or loss to the
employer; and
LABOR LAW
IN
SPECIAL HOLIDAYS
List of Special Holidays
National;
1. All Saints Day- November 1
2. Last Day of the Year- December
31
3. And all other days declared by
law
Local:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
34
REGULAR
HOLIDAY
SPECIAL HOLIDAY
compensable even
if unworked
subject to certain
conditions
Not compensable if
unworked
RATE OF
ADDITIONAL
COMPENSATION
Work on a scheduled 30% of regular wage
rest day
No regular workdays 30% of regular wage
and rest days
for work on Sundays
& Holidays
Work on Special
30% of regular wage
Holidays
Holiday Work falls on 50% of regular wage
Scheduled Rest Day
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
35
MEMORY AID
RULE ON COMPENSABILITY
REGULAR
HOLIDAY
REGULAR
HOLIDAY
REGULAR
HOLIDAY
LABOR LAW
YES
YES
NO
YES
DAY
Absent SPECIAL
with pay
DAY
Absent SPECIAL
w/out
DAY
YES
NO
pay
WED
Absent
REST DAY
with pay
Absent
w/out REST DAY
pay
Present SPECIAL
IN
FRI
ENTITLED
TO BE
PAID?
Present
REGULAR
HOLIDAY
REGULAR
HOLIDAY
YES
BOTH
Absent
with pay
REGULAR
HOLIDAY
REGULAR
HOLIDAY
YES
BOTH
Absent
REGULAR
w/out pay HOLIDAY
Absent
w/out pay
Worked
REGULAR NO BOTH
HOLIDAY
YES but
only to the
holiday
pay on
Friday
ENTITLED
TO BE
PAID ?
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
36
SIL
Mandatory
-legally required
under Art.95,LC
VACATION/
SICK LEAVE
Voluntary
grant results from:
employers
discretionary
policy or from CBA
Intended to
alleviate the
economic
condition of the
workers for it
acts
as replacement
for regular
income that
would not be
earned during
such instance
Intended to afford a
laborer a
chance to get a much
needed
rest to replenish his worn
out
energies and acquire new
vitality to enable him to
meet
him to efficiently perform
his
duties and not merely to
give
him additional salary
Can not be
waived
Commutable
Not Commutable
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
37
MEMORY AID
CONCEPT.
- All service charges collected by hotels,
restaurants and similar establishment
shall be distributed:
1. 85% for all covered employees
to be equally distributed
among them
2. 15% for management
-
COVERAGE
- Apply only to hotels, restaurants and
similar establishment collecting service
charges
POOLED TIPS
Monitored,
accounted
for,
and
distributed in the same manner as service
charges
IN
LABOR LAW
WAGES
CHAPTER I
PRELIMINARY MATTERS
ART. 97. DEFINITION
AGRICULTURE includes farming in all
its branches, and, among other things,
includes the cultivation and tillage of soil,
dairying, the production, cultivation,
growing and harvesting of any agricultural
and horticultural commodities, the raising
of livestock or poultry, and any practices
performed by a farmer on a farm as an
incident to or in conjunction with such
farming operations, but does not include
the manufacturing or processing of sugar,
coconuts, abaca, tobacco, pineapples or
other farm products.
WAGE - the remuneration or earnings,
however designated, capable of being
expressed in terms of money, whether
fixed or ascertained on a time, task,
piece, or commission basis or other
method or calculating the same, which is
payable by an employer to an employee
under a written or unwritten contract of
employment for work done or to be done
or for services rendered or to be rendered
and includes the fair and reasonable
value, as determined by the Sec. of Labor,
of board, lodging, or other facilities
customarily furnished by the employer to
the employee.
FAIR AND REASONABLE VALUE - shall not
include any profit to the employer or to
any person affiliated with the employer.
FAIR DAYS WAGE FOR A FAIR DAYS
LABOR - if there is no work performed by
the employee, there can be no wage or
pay unless the laborer was able, willing,
and ready to work but was prevented by
management or was illegally locked out,
suspended or dismissed.
TITLE II
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
38
WAGE
Compensation
manual labor
SALARY
for
Corresponds
higher
degree
employment
to
of
LEGAL
REQUIREMENTS
BEFORE
FACILITIES CAN BE DEDUCTED FROM THE
EMPLOYEES WAGES:
1.
Proof must be shown that such
facilities are customarily furnished
by the trade;
2.
The provision of deductible
facilities
must
be
voluntarily
accepted
in
writing
by
the
employee; and
3.
The facilities must be charged at
fair and reasonable value.
- items of expense
necessary for the
laborers and his
familys existence
and subsistence
SUPPLEMENTS
- constitute extra
remuneration or special
privileges or benefits
given to or received by
the laborers over and
above their ordinary
earnings wages
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
39
MEMORY AID
CHAPTER II
MINIMUM WAGE RATES
ART. 100. PROHIBITION AGAINST
ELIMINATION
OR
DIMINUTION
OF
BENEFITS
THE NON-DIMINUTION RULE
- Nothing in the Labor Code shall be
construed to eliminate or in any way
diminish
supplements,
or
other
employee benefits being enjoyed at
the time of promulgation of this Code.
benefits
being
given
to
employees cannot be taken back
or reduced unilaterally by the
employer because the benefit
has become part of the
employment contract, written or
unwritten.
or
IN
LABOR LAW
As a rule, it is an amount
granted voluntarily to an employee
for his industry and loyalty which
contributed to the success and
realization of profits of the
employers business.
13TH
MONTH
EQUIVALENT)
PAY
(OR
ITS
(see annex)
- additional income based on wage
required by P.D. 851 which is
equivalent to 1/12 of the total basic
salary earned by an employee within a
calendar year.
- may be given anytime but not later
than Dec. 24.
COVERAGE:
- All rank-and-file employees regardless of
their designation or employment status
and irrespective of the method by which
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
40
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
41
MEMORY AID
a)
b)
c)
d)
PAYMENT OF WAGES
promissory notes;
vouchers;
coupons;
tokens;
tickets;
chits; or
any object other than legal tender
GENERAL RULE:
- payment by legal tender
EXCEPTIONS:
- payment by check or money order may
be allowed if the same is:
1. customary on the
effectivity of the LC;
date
of
LABOR LAW
CHAPTER III
IN
WHEN TO PAY:
- at least once every two weeks; or
- twice a month at intervals not
exceeding 16 days.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
42
GENERAL RULE:
- wages shall be paid directly to the
workers to whom they are due.
EXCEPTIONS:
1. payment through another person
- in case of force majeure rendering
such payment impossible provided said
person is under written authority given
by the worker for the purpose;
- when authorized under existing law,
including payments for insurance
premiums of the employee and union
dues where the right to check-off has
been recognized by the employer in
accordance with a CBA or authorized
in writing by the individual employees
concerned
2. payment through heirs of worker
- in case where the worker has died
employer may pay wages of the
deceased worker to the heirs of the
latter without the necessity of
intestate proceedings.
Procedure:
2.1 claimants shall execute an
affidavit
attesting
their
relationship to the deceased
and the fact that they are his
heirs, to the exclusion of all
others;
2.2 in case of a minor heir,
affidavit shall be executed on
his behalf by his natural
guardian or next of kin;
2.3 affidavit shall be presented to
the employer who shall make
payment
through
the
Secretary of Labor or his
representative;
2.4 the representative shall act as
referee
in
dividing
the
amount paid among the heirs;
2.5 payment of wages under this
article shall absolve the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
43
MEMORY AID
WHEN
WHERE
HOW
JOB
CONTRACTING
LABOR ONLY
CONTRACTING
No E- E
Employer is treated as direct
relationship
employer of the person
except when the recruited in all instances
contractor or
(contractor is deemed agent
subcontractor
of the employer)
fails to pay the
EEs wages
Liability is limited liability extends to all rights
(shall be
duties and liabilities under
solidarily liable labor standards laws including
w/ ER only when the right to self- organization
latter fails to
comply with
requirements as
to unpaid wages
and other labor
standards
violations)
LABOR
LAW COMMITTEEProhibited by law
Permissible
ART.
106.
SUBCONTRACTOR
IN
LABOR LAW
CONTRACTOR
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
Presence
of
Absence
of substantial
ASST.
EDPS: Jennifer
Trinidad, Ma.
Jasmine Isip,capital
Emil Bien Ongkiko, Kareen Faye Pioquinto
substantial capital
or investment.
or investment.
OR
44
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
45
MEMORY AID
CHAPTER IV
PROHIBITIONS REGARDING WAGES
ART. 112. NON-INTERFERENCE
DISPOSAL OF WAGES
LABOR LAW
IN
3.
4.
5.
6.
GENERAL RULE.
- Wage deduction is strictly prohibited.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
46
10
COMMANDMENTS
FOR
THE
EMPLOYER:
1. No employer shall interfere with
the employees freedom to dispose
of his wages; ART 112 NONINTERFERENCE IN DISPOSAL OF
WAGES
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
47
MEMORY AID
WITHHOLDING OF WAGES
KICKBACKS PROHIBITED
&
8. No
employer
shall
make
deductions as consideration of a
promise
of
employment
or
retention of employment; ART 117
DEDUCTION
TO
ENSURE
EMPLOYMENT
IN
LABOR LAW
CHAPTER V
WAGE STUDIES, WAGE AGREEMENTS
AND WAGE DETERMINATION
ART 122. CREATION OF THE REGIONAL
TRIPARTITE WAGES AND PRODUCTIVITY
BOARDS
WHO MAY SET MINIMUM WAGE:
1. Regional
Tripartite
Wages
Productivity Board (RTWPB)
2. Congress
COMPOSITION OF RTWPB:
1.
2.
3.
4.
and
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
48
CHAPTER VII
ADMINISTRATION AND ENFORCEMENT
AND
VISITORIAL POWER
- Power of the Sec. of Labor or any of
his duly authorized representative to have
access to employers records and premises
at any time of the day or night whenever
work is being undertaken therein.
includes the right to copy
therefrom,
to
question
any
employee & investigate any fact,
condition or matter which may be
necessary to determine violations
or which may aid in the
enforcement of the Code and of
any labor law, wage order, or rules
and regulations.
duly authorized representative
herein is the Regional Director.
ENFORCEMENT POWER (as amended by
RA 7730)
- Power of the Sec. of Labor to compel
employer to comply with labor standards
upon finding of violations discovered in
the course of the exercise of the visitorial
power.
- Among the powers are the power to:
1. Issue Compliance Orders based on the
findings of labor employment and
enforcement officers or industrial
safety engineers made in the course of
inspection.
2. Issue Writs of Execution for the
enforcement of orders except in cases
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
49
MEMORY AID
IN
LABOR LAW
his
HEARING
DECISION
MR
APPEAL
(8-10 days w/ Sec. of labor)
WORK STOPPAGE
ADJUDICATORY POWER
the Regional Director or any of his
duly authorized hearing officer is
empowered
through
summary
proceeding and after due notice,
to hear and decide cases involving
recovery of wages and other
monetary claims and benefits,
including legal interests.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
50
TITLE III
WORKING CONDITIONS FOR SPECIAL
GROUP OF EMPLOYEES
CHAPTER I
EMPLOYMENT OF WOMEN
ART. 130. NIGHTWORK PROHIBITION
HOW
INITIATED
LIMITATIONS
AS TO
AMT. OF
CLAIM
APPEAL
Enforcement
Power is
offshoot of
visitorial
power
Initiated by
sworn
complaint
filed by the
interested
party
No limit as to
amount of
claim
Aggregate
claim of
each
complainant
does not
exceed
P5,000
Appeal is with
Sec. of Labor;
period of
appeal is 10
calendar days
Appeal with
NLRC;
period of
appeal is 5
calendar
days
Visitorial &
enforcement
power of the
Sec. of
Labor /his duly
authorized
representatives
exercised
through
routine
inspections of
establishment
ART 129
Adjudicatory
Power of the
Regional
Director/any
duly
authorized
hearing
officers
E-E
relationship
WHO
Person
The power is
not necessary
EXERCISES
exercising the
vested upon
since it
POWER
power is the
a regional
should not
Sec. Of Labor
director or
include a
or any of his
any duly
claim for
2005 CENTRALIZED
SUBJECT
duly
authorized BAR OPERATIONS EXECUTIVE COMMITTEE AND
reinstatement
CHAIRPERSONS
authorized
hearing
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCrepresentatives
officer
of
Acads),
Jennifer Ang(VCSecretariat),
Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
who may
the DOLE.
Margarita
Eresor
(VC-Logistics)
Jonathan
Mangundayao
(Political
Law),
may
not be
a Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
Regional
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
Director
EXISTENCE
OF
E-E
RELS.
Requires the
existence of
E-E
Relationship
51
MEMORY AID
woman
employee
has
been
engaged to provide health and
welfare service;
5. Where the nature of the work
requires the manual skill and
dexterity of women workers and
the same cannot be performed
with equal efficiency by male
workers;
6. Where the women employees are
immediate members of the family
operating the establishment or
undertaking; and
7. Under other analogous cases
exempted by the Secretary of
Labor in appropriate regulations.
ART 132. FACILITIES FOR WOMEN
- The Secretary of Labor may require
employers to:
1. Provide seats proper for women
and permit them to use the seats
when they are free from work or
during office hours provided the
quality of the work will not be
compromised;
2. Establish separate toilet rooms and
lavatories for men and women and
provide at least a dressing room
for women;
3. Establish a nursery in the
establishment; and
4. Determine appropriate minimum
age and other standards for
retirement or termination in
special occupations such as those
of flight attendants and the like.
ART. 133. MATERNITY LEAVE BENEFITS
MATERNITY LEAVE UNDER THE SSS LAW
- A female member, who need not
be legally married, who has paid
for at least three (3) monthly
contributions in the 12-month
period immediately preceding
the semester of her childbirth or
miscarriage shall be paid a daily
maternity benefit equivalent to
100% of her average daily salary
IN
LABOR LAW
Maternity
benefits
provided
herein shall be paid only for the
first four (4) deliveries or
miscarriages;
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
52
LEAVE
on
the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
53
MEMORY AID
LABOR LAW
IN
CHAPTER II
EMPLOYMENT OF MINORS
(see RA 7610 annex )
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
54
NON-HAZARDOUS
WORK
OR
UNDERTAKING
one where the employee is not exposed
to any risk which constitutes an imminent
danger to his safety and health.
HAZARDOUS WORKPLACES:
1. where the nature of the work exposes
the
workers
to
dangerous
environmental elements, contaminants
or work conditions;
2. where the workers are engaged in
construction work, logging, firefighting, mining, quarrying, blasting,
stevedoring, dock work, deep-sea
fishing, and mechanized farming;
3. where the workers are engaged in the
manufacture or handling of explosives
and other pyrotechnic products;
4. where the workers use or are exposed
to heavy or power-driven machinery or
equipment; and
5. where the workers use or are exposed
to power-driven tools,
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
ARTS. 141-152
RIGHTS OF HOUSEHELPERS:
(Articles 1689 1699, NCC)
1. non-assignment to non- household
work
2. Reasonable compensation
(minimum cash wage)
3. Lodging,
food,
and
medical
attendance
4. If under 18 years old, an
opportunity
for
elementary
education
cost of which shall be part of
househelpers compensation
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
55
MEMORY AID
IN
LABOR LAW
ART. 151.
EMPLOYMENT FOR
CERTIFICATION
- Upon the severance of the household
service relationship, the househelper may
demand from the employer a written
statement of the nature and duration of
the service and his or her efficiency and
conduct as househelper.
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS
BOOK IV
HEALTH, SAFETY AND SOCIAL WELFARE
BENEFITS
ARTS. 153-155
Rule
shall
apply
to
any
homeworker who performs in or
about his home any processing of
goods or materials, in whole or in
part, which have been furnished
directly or indirectly by an
employer and thereafter to be
returned to the latter.
TITLE I
MEDICAL, DENTAL AND OCCUPATIONAL
SAFETY
CHAPTER I
MEDICAL AND DENTAL SERVICES
ART. 156. FIRST-AID TREATMENT
ART.
155.
HOMEWORK
DISTRIBUTION
OF
EMPLOYER OF HOMEWORKERS :
- any natural or artificial person who,
for his own account or benefit, or on
behalf of any person residing outside
the Philippines, directly or indirectly,
or through any employee, agent,
contractor, sub-contractor; or any
other person:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
56
EMPLOYEES
COMPENSATION
LAW
1. there is a
presumption of
compensability
1.
no
presumption
of
compensability
2. there is a
presumption of
aggravation
2.
presumption
aggravation
3. There is a
need
for the
employer
to
controvert
the
claim within 14
days
otherwise
he is deemed to
have waived the
right
3. no need for
the employer to
controvert
the
claim
no
of
4. payment of
compensation is
made by the
employer
4. payment of
the compensation
is made by the
SSS/GSIS thru the
State Insurance
Fund
Conditions for
compensable:
an
injury
to
be
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
57
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
58
employee from
employment.
the
first
day
of
DISABILITY CATEGORIES:
DEATH BENEFITS
- The System shall pay to the primary
beneficiaries upon the death of the
covered employee an amount equal to
his monthly income benefit, plus ten
percent thereof for each dependent
child, but not exceeding five,
beginning with the youngest and
without substitution. The income
benefit shall be guaranteed for five
years.
DEPENDENTS:
1. the legitimate, legitimated, and
legally adopted or acknowledged
natural child who is unmarried, not
gainfully employed and not over 21
years of age or over 21 years of age
provided that he is incapable of selfsupport due to a physical or mental
defect which is congenital or acquired
during minority
2. legitimate spouse living with the
employee
3. the parents of said employee wholly
dependent upon him for regular
support
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
59
MEMORY AID
BENEFITS
1. for life to the primary beneficiaries,
guaranteed for five years
2. for not more than 60 months to the
secondary beneficiaries in case there
are not primary beneficiaries
3. in no case shall the total benefit be
less than P15,000.00
SECONDARY BENEFICIARIES
A.
illegitimate children and legitimate
descendants
B.
parents, grandparents, grandchildren
MEDICARE
(Repealed by National Health Insurance
Act of 1995)
(See annex for PHILHEALTH)
PAG-IBIG Law- creates a provident savings
system for employees, public and private,
with housing as the primary investment.
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
ART. 211. DECLARATION OF POLICY
LABOR RELATIONS the interactions
between the employer and employees and
their representatives and the mechanism
by which the standards and other terms
and conditions of employment are
negotiated, adjusted and enforced.
LABOR LAW
BENEFICIARIES
PRIMARY BENEFICIARIES
A. dependent spouse until he remarries
B. dependent
children
(legitimate,
legitimated, natural born or legally
adopted)
TITLE III
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
60
WORKERS
ASSOCIATION
any
association of workers organized for the
mutual aid and protection of its members
or for any legitimate purpose other than
for collective bargaining.
INDEPENDENT UNION It refers to any
labor organization operating at the
enterprise level whose legal personality is
derived through an independent action for
registration with the Bureau of Labor
Relations (BLR) of the Department of Labor
and Employment prescribed under Art.
234.
It may be affiliated with a
federation, national or industry union, in
which case it may also be referred to as an
affiliate.
FEDERATION - any labor organization
with at least 10 locals/chapters or
affiliates each of which must be a duly
certified or recognized as the sole and
exclusive collective bargaining agent of
the employees of an appropriate
bargaining unit.
LEGITIMATE WORKERS ASSOCIATION
refers to an
association of workers
organized for mutual aid and protection of
its members of for any legitimate purpose
other than collective bargaining registered
with the Department in accordance with
Rule III, Sections 2-C and 2-D of these
rules.
LABOR MANAGEMENT COUNCIL
Deals with the employer on matters
affecting the employees rights,
benefits and welfare.
Purposes are to:
a.
b.
c.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
61
MEMORY AID
any
The test of
whether a labor controversy comes within
the definition of a labor dispute depends
on whether it involves or concerns terms,
conditions
of
employment,
or
representation.
TYPES OF LABOR DISPUTES:
1. Labor Standards Disputes
a. Compensation
[e.g.,
underpayment of minimum wage;
stringent output quota; illegal pay
deductions]
b. Benefits
[ e.g., nonpayment of
c.
b.
c.
d.
e.
IN
LABOR LAW
PARTIES TO A DISPUTE:
1. PRIMARY
PARTIES
employer,
employees, union
2.
SECONDARY PARTIES voluntary
arbitrator, agencies of DOLE (BLR,
VAC), NLRC, Sec. of Labor, Office of
the President
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL LABOR RELATIONS
COMMISSION
NLRC an administrative body with
quasi-judicial functions and the principal
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
62
1.
2.
EN BANC
Promulgating rules & regulations
governing
the
hearing
&
disposition of cases before any of
its
divisions
and
regional
branches and formulating policies
affecting its administration and
operations.
Under R.A. 7700: to allow cases
within the jurisdiction of any
division to be heard and decided
by any other decision whose
docket allows the additional
workload.
DIVISION
1.
Exercises
adjudicatory
or
appellate power over decisions of
Labor Arbiters and Regional
Directors of the DOLE over
monetary
claims
not
over
P5,000.00 and all other powers,
functions and duties through its
divisions.
QUALIFICATIONS
OF
EXECUTIVE
LABOR ARBITERS/LABOR ARBITERS:
1. must be members of the Philippine
Bar;
2. must have been engaged in the
practice of law in the Philippines
for at least 7 years; and
3. must have experience or exposure
in handling labor management
relations for at least 3 years.
TRIPARTISM
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
63
MEMORY AID
A.
EXCLUSIVE
AND
JURISDICTION OF THE NLRC:
ORIGINAL
IN
LABOR LAW
CHAPTER II
POWERS AND DUTIES
ART. 217. JURISDICTION OF LABOR
ARBITERS AND THE COMMISSION
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF LABOR ARBITERS:
- Except as otherwise provided under
this
Code the Labor Arbiters shall have
original and exclusive jurisdiction to hear
and decide, within 30 calendar days after
the submission of the case by the parties
for decision without extension, even in the
absence of stenographic notes, the
following cases involving all workers,
whether agricultural or non-agricultural:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
64
1. ULP cases;
2. TERMINATION disputes;
3. If accompanied WITH A CLAIM
FOR REINSTATEMENT, those cases
that workers may file involving
wages, rates of pay, hours of work
and other terms and conditions of
employment;
4. Claims for actual, moral,
exemplary and other forms of
DAMAGES arising from employeremployee relations;
5. CASES ARISING FROM ANY
VIOLATION OF ART 264 of this
Code, including questions involving
the legality of strikes and
lockouts;
6. Except claims for Employees
Compensation, Social Security,
Medicare and maternity benefits,
ALL OTHER CLAIMS ARISING FROM
EMPLOYER-EMPLOYEE
RELATIONS, including those of
persons in domestic or household
service, involving an amount
exceeding P5,000.00 regardless of
whether accompanies with a claim
for reinstatement;
7. MONETARY
CLAIMS
OF
OVERSEAS CONTRACT WORKERS
under the Migrant Workers Act of
1995; and
8. Claims of employees against
GOCCs if the latter does not have
an original charter and has been
incorporated
under
the
Corporation Code.
CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VCAcads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna
Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy
(Remedial Law), Jackie Lou Bautista (Legal Ethics)
65
MEMORY AID
jurisdiction
is
POWERS OF THE
IN
LABOR LAW
threatened
or
committed
charged with the duty to protect
the complainants property.
c. RECEPTION AT THE HEARING OF
THE TESTIMONIES OF WITNESSES
with
opportunity
for
crossexamination, in support of the
allegations of the complaint made
under oath as well as testimony in
opposition thereto
d. FINDING OF FACT of the Commission
to the effect that :
prohibited or unlawful acts
have been threatened and will
be committed, or have been
committed
and
will
be
continued unless restrained,
but no injunction or temporary
restraining order shall be
issued on account of any
threat, prohibited or unlawful
act,
except
against
the
persons,
association
or
organization making the threat
or committing the prohibited
or unlawful act or actually
authorizing or ratifying the
same after actual knowledge
thereof.
That
substantial
and
irreparable injury to the
complainants property will
follow
That as to each item of
relief to be granted, greater
injury will be inflicted upon
complainant by the denial of
the relief than will be inflicted
upon the defendants by the
granting of the relief
That complainants has no
adequate remedy at law
That public officers charged
with the duty to protect
complainants property are
unable or unwilling to furnish
adequate protection.
e. Posting of a BOND
IRREPARABLE INJURY: An injury
which
cannot
be
adequately
compensated in damages due to the
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
66
The
procedural
and
substantial requirements of Art 218
(e) must be strictly complied with
before an injunction may issue in a
labor dispute.
THE FOLLOWING CAN ISSUE
INJUNCTIONS/ TRO IN LABOR DISPUTES:
1. President (ART. 263, g)
2. Secretary of Labor (ART. 263, g)
3. NLRC (218)
4. Labor Arbiters (ART. 217/RULE XI
Sec. 1 of IR&R)
5. Regional Directors
6. Med- Arbiters
ART. 219. OCULAR INSPECTION
The Chairman, any Commissioner,
labor Arbiter or their duly authorized
representatives may, at anytime during
working hours:
a. Conduct an ocular inspection on
any establishment, building,
ship,
place
or
premises,
including any work, material,
implement,
machinery,
appliance or any object therein;
and
b. Ask any employee, laborer, or
any person as the case may be
for any information or date
concerning
any
matter
or
question relative to the object
of the investigation
ART. 221. TECHNICAL RULES NOT
BINDING AND PRIOR RESORT TO
AMICABLE SETTLEMENT
The NLRC may disregard technical
rules of procedure in order to give life to
the constitutional mandate affording
protection to labor. (Principe vs.
Philippine-Singapore Transport Services
Inc.)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
67
MEMORY AID
LABOR LAW
ATTORNEYS FEES:
1. Art. 111 Labor Code (simple
monetary claim)
The maximum amount to be
given a lawyer for his legal
assistance rendered which is 10% of
the total monetary award adjudged
the employees excluding the award
for moral and exemplary damages.
To demand more than this is
unlawful.
2. Art. 222
a.
IN
c.
PURPOSE: to
fix the limit on the
amount
of
attorneys
fees.
The
victorious
party may recover
in
any
ART. 222
Prohibits
the
payment
of
attorneys fees only
when it is effected
through
forced
contribution from the
workers from their
own
funds
as
distinguished
from
union funds
PURPOSE:
to
prevent
the
imposition on the
workers of the duty
to
individually
contribute
their
respective shares in
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
68
administrative
judicial
proceeding.
or
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1.
WITHIN
WHICH
TO
PERIOD
EXTENDIBLE
TO
APPEALNOT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
69
MEMORY AID
IN
LABOR LAW
ART 224.
EXECUTION
DECISIONS, ORDER, OR AWARDS
OF
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
70
TITLE III
BUREAU OF LABOR RELATIONS
ART. 226.
RELATIONS
BUREAU
OF
LABOR
Jurisdiction
over
labormanagement
problems
or
disputes is also exercised by
other offices such as the DOLE
regional offices, and the Office
of the Secretary, NLRC, POEA,
OWWA, SSS-ECC, the regional
wage and productivity boards,
NWPC, and even the regular
courts
over
intra-corporate
disputes.
EXCLUSIVE
AND
JURISDICTION OF THE BLR
ORIGINAL
2.
3.
all DISPUTES, GRIEVANCES OR
PROBLEMS ARISING FROM OR
AFFECTING LABOR MANAGEMENT
RELATIONS IN ALL WORKPLACES
WHETHER AGRICULTURAL OR NONAGRICULATURAL.
The parties may however, by
agreement,
settle
their
differences by submitting their
case to a voluntary arbitrator
rather than taking the case to
the BLR.
CASES WHERE THE BLR HAS NO
JURISDICTION:
Those
arising
from
the
implementation or interpretation of
collective bargaining agreements which
shall be subject of grievance procedure
and/or voluntary arbitration.
INTRA-UNION DISPUTES refers to any
conflict between and among union
members, including grievances arising
from any violation of the rights and
conditions of membership, violation of or
disagreement over any provision of the
unions constitution and by-laws, or
disputes arising from chartering or
affiliation.
MED-ARBITER- an officer in the
regional office or bureau authorized to
hear,
conciliate,
and
decide
representation cases or assist in the
disposition of intra or inter-union
disputes.
COVERAGE
OF
INTER/INTRA-UNION
DISPUTES (Sec. 1 Rule XI DO 40-03)
a. cancellation of registration of a
labor organization filed by its
members or by any other labor
organization;
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
71
MEMORY AID
IN
LABOR LAW
1. cancellation of registration
of unions and workers
associations; and
2. a petition for interpleader
SPECIAL REQUIREMENTS AS TO THE
FILING OF CASES:
A. INVOLVING ENTIRE MEMBERSHIP
1.The complaint must be signed by
at least 30% of the entire
membership of the union and
2.It must also show exhaustion of
administrative remedies.
B. INVOLVING A MEMBER ONLY - In such
case only the affected member may
file the complaint.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
72
PERIOD
TO WHOM
APPEALABLE
memorandum of appeal
3. Based on either of
the following grounds:
a. Grave abuse of
discretion
b. Gross violation
of the Rules
4. With supporting
arguments and evidence
Within 10 days from
receipt of decision
1. Bureau of Labor
Relationsif the case
originated from the Med
Arbiter/Regional
Director
2. Sec. Of Laborif the
case originated from the
Bureau
WHERE FILED
WHO
WHERE
FILED
FORMAL
REQUIREMENTS
DETERMINATION OF
EMPLOYEE RELATIONSHIP:
EMPLOYER-
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
73
MEMORY AID
IN
LABOR LAW
REQUIREMENTS
QUITCLAIM:
OF
VALID
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
74
ON
to
until
minimize
union
the proper time
ART
233.
COMMUNICATION
PRIVILEGED
PRIVILEGED
COMMUNICATION:
Any
statement of such privacy that the law
exempts the person receiving the
information from the duty to disclose it.
Information and statements made at
conciliation proceedings shall be treated
as privileged communication and shall
not be used as evidence in the
Commission.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
75
MEMORY AID
IN
LABOR LAW
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND CANCELLATION
approximate
number
of
employees in the bargaining
unit where it seeks to
operate, with a statement
that it is not reported as a
chartered local of any
federation or national union;
the
minutes
of
the
organizational
meeting(s)
and the list of employees
who participated in the said
meeting(s);
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
76
file
application
for
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
77
MEMORY AID
REQUIREMENTS
BEFORE
FEDERATION
CAN
BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
78
INDEPENDENTLY
a.HOW
TO -by signing a contract
Obtained
affiliation
A
duly
AFFILIATE
by union
registered
organizers
federation/na
in
an
tional union
enterprise
issues
a
through
charter to a
their own
union in an
action
enterprise
and registers
the
charter
with
the
regional
office or the
BIR.
of
Independent
union
b. EFFECT OF
DISAFFILIATION
With legal
TO THE
UNION
personalit
[local]
y of its
own
Applicatio
n
for
registratio
n is filed
with and
will
be
acted
upon by
c. EFFECT
OF
the DOLE
DISAFFILIATION
regional
TO THE
CBA
office
where the
applicant
s principal
office is
located.
UNREGISTERED
REGISTERED
CHARTERING
INDEPENDENT
REGISTRATION
Chapter/local
labor
legitimate
No
legal organization
and
therefore
it
would
personality of
continue
to
have
legal
its own and
as to possess all
personality
as it
hasprivileges of a
thelong
rights
and
not
availed
legitimate
labor organization.
itself
of
independent
registration.
Charter
certificate is
issued by a
federation or
national
union is filed
with
the
regional
- office
an existing
or BLR CBA would
continue to be valid as the
with 30 days
labor
organization
can
after
the
continue
administering
the
of
CBAissuance
the
charter
certificate.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
79
MEMORY AID
IN
LABOR LAW
- union
dues
may
no collective
longer
legitimate
purpose
other
than
d. ENTITLEMENT -labor organization is entitled
the be collected as there would
WHEN
TO DISAFFILIATE
TO
UNION
DUES to the union dues and notbargaining.
federation from which the no longer any labor union that
AFTER
allowed
such
GENERAL RULE: A labor
labor union may organization
ART.is236.
DENIALto
OF collect
REGISTRATION;
DISAFFILIATION
disaffiliated.
union
dues
from
the
disaffiliate from the mother union to
APPEALemployees.
form an independent union only during
Note: Follow the principle of
the
60-day
freedom
period
- Decisions
the BLR federation
denying the
agency of between
immediately preceding the expiration of
registration
of a labor organization is
and local.
the CBA.
appealable
to the Secretary
Principal
employeesof Labor
within 10
calendar
days from receipt of
Agent
local/chapter
EXCEPTION:
DISAFFILIATION
BY
the decision,
on agent
grounds
of:
Agent of
federation
MAJORITY
a. grave abuse of discretion; or
This happens when there is a
b. gross incompetence
- even before the onset of the
substantial shift in allegiance on
freedom period, disaffiliation may
the part of the majority of the
still be carried out, but such
members of the union. In such
disaffiliation must be effected by a
a case, however, the CBA
majority of the union members in
continues to bind the members
the bargaining unit.
of the new or disaffiliated and
independent union up to the
decision of the regional office or the
CBAs expiration date.
bureau denying the application for
LIMITATION: disaffiliation should be in
registration shall be:
accordance
with
the
rules
and
1. in writing
procedures stated in the Constitution
2. stating in clear terms the reason for
and by-laws of the federation.
the decision
3. applicant union must be furnished a
copy of said decision
A prohibition to disaffiliate in
ART. 238. CANCELLATION OF
the Federations constitution or
REGISTRATION; APPEAL
by-laws is validintended for its
own protection.
The certificate of registration of
any legitimate labor organization shall
REVOCATION OF CHARTER BY THE
be cancelled by the BLR if it has reason
FEDERATION
by
serving
the
to believe, after due hearing, that the
local/chapter a verified notice of
said labor organization no longer meets
revocation, copy furnished the Bureau on
one or more of the requirements
the ground of disloyalty or such other
prescribed by law.
grounds as may be specified in its
constitution or by-laws.
GROUNDS FOR CANCELLATION:
1. Failure to comply with any of the
requirements prescribed under
Arts. 234
(requirements for
The revocation shall divest the
registration of a labor union) &
local chapter of its legal
237 (addl. reqts. federation
personality upon receipt of the
registration) of the Code.
notice by the Bureau, unless in
the meantime the local chapter
2. Violation of any of the provisions
has
acquired
independent
of Art. 239 (grounds for
registration. (Rule VIII Section 5
cancellation
of
union
of the IRR)
registration) of the Code
WORKERS ASSOCIATION: Association of
3. Commission of any of the acts
workers for the mutual aid and
enumerated under Art. 241
protection of its members or for any
(rights
and
conditions
of
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
80
A pronouncement as to
the illegality of the
strike is not within the
meaning of Art. 239 of
the Code which provides
for the grounds for
cancellation of union
registration.
MODES OF APPEAL
DENIAL or CANCELLATION BY:
A. Regional Office
transmit records within 24
hours from receipt of Memo of
Appeal
BUREAU decides within 20
days from receipt of records
SUPREME COURT- Rule 65
B. Bureau
transmit records within 24
hours from receipt of memo
of appeal
SEC. OF DOLE decides within
20 days from receipt of
records
SUPREME COURT- Rule 65
EFFECT OF CANCELLATION OF
REGISTRATION IN THE COURSE OF
PROCEEDINGS
- Where a labor union is a party
in a proceeding and later it loses its
registration permit in the course or
during the pendency of the case, such
union may continue as a party without
need of substitution of parties, subject
however to the understanding that
whatever decision may be rendered
therein will be binding only upon those
members of the union who have not
signified their desire to withdraw from
the case before its trial and decision on
the merits. [Principle of Agency applied
the employees are the principals, and
the labor organization is merely an agent
of the former, consequently, the
cancellation of the unions registration,
would not deprive the consenting
member-employees of their right to
continue the case as they are the
considered as the principals]
ART
239.
GROUNDS
FOR
CANCELLATION
OF
UNION
REGISTRATION
GROUNDS FOR CANCELLATION OF
UNION REGISTRATION:
A. FRAUDULENT ACTS
1. Misrepresentation, False statement
or Fraud in connection with
[RATIFICATION
OF
CONSTI/BYLAWS]:
a. the
ADOPTION
OR
RATIFICATION
of
the
constitution and by-laws or
amendments thereto,
b. the MINUTES of ratification,
and
c. the LIST OF MEMBERS who took
part in the ratification.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
81
MEMORY AID
a.
b.
ELECTION of officers,
MINUTES of the election of
officer and the list of voters, or
c. failure
to
submit
these
documents together with the list of
the
newly
elected/appointed
officers and their postal addresses
within 30 days from election
B. INACTION OR OMISSION
1.
IN
LABOR LAW
WHERE TO FILE
Regional Director who has
jurisdiction over the place
where respondent principally
operates (30 days to decide).
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
B. FOR:
1. Federations
82
2005
2. National or Industry unions
3. Trade union centers
d.
e.
WHERE TO FILE
Bureau Director ( 30 days to
occurrence
decide) of any change in the
officers of agents of the labor
organization
or
workers
WHO MAY FILE
association
Only the members of the
updated
list
of
individual
Labor Organization concerned
members of chartered locals,
if grounds are actions
independent unions and workers
involving violations of Art.
associations within 30 days after
241, subject to the 39% rule
the close of each fiscal year; and
updated list of its chartered
locals and affiliates or member
organizations, CBAs executed
and their effectivity period, in
the case of federations or
national unions, within 30 days
after the close of each fiscal
year, as well as the updated list
of
their
authorized
representatives,
agents
or
signatories in the different
regions of the country.
RULES
ON
ADMINISTRATIVE
CANCELLATION OF CERTIFICATE OF
REGISTRATION OF LLOs DUE TO NONCOMPLIANCE WITH THE REPORTORIAL
REQUIREMENTS:
WHEN
PROPER
WHO MAY
FILE THE
PETITION
THREENOTICE
REQUIRE
MENT
1 Notice
Bureau
shall
send
by
registered mail with return
card notice for compliance
indicating the documents it
failed to submit and the
corresponding period in
which they were required,
with notice to comply with
the
said
reportorial
requirements and to submit
proof thereof to the Bureau
within 10 days from receipt
thereof
2nd Notice
Where no response is
received by the Bureau
within 30 days from the
release of the 1st notice,
another
notice
for
compliance shall be made
by the Bureau, with warning
that failure on its part to
comply with the reportorial
requirements within the
time specified shall cause
the continuation of the
proceedings
for
the
administrative cancellation
of its registration
3rd Notice
Where no response is again
received by the Bureau
within 30 days from release
of the 2nd notice, the Bureau
shall cause the publication
of the notice of cancellation
of registration of the labor
organization
in
2
newspapers
of
general
circulation.
When
no
response
is
received by the Bureau
within 30 days from the
date of publication or when
the Bureau has verified the
dissolution of the labor
organization, it shall order
the
cancellation
of
registration of the labor
organization AND cause its
de-listing from the roster of
legitimate
labor
organizations
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS
OF
MEMBERSHIP
IN
A
LABOR
ORGANIZATION
GENERAL GROUPINGS OF THE RIGHTS
OF THE UNION MEMBERS:
1. Political right - the right to vote and
be voted for, subject to lawful
provisions on qualifications and
disqualifications.
2. Deliberative and Decision-Making
Right - the right to participate in
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
83
MEMORY AID
deliberations
on
major
policy
questions and decide them by secret
ballot.
LABOR LAW
IN
The
secretary
of
the
organization shall record the
minutes
of
the
meeting
including:
a.
the list of all members present,
b.
the votes cast, and
c.
the purpose of the assessment or
fees
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
84
TO
should
specifically
a. amount
b. purpose and the beneficiary
of the deduction.
Jurisdiction over check-off disputes is
with the Regional Director of the DOLE,
not the Labor Arbiter
UNION DUES VS. AGENCY FEE
UNION DUES
AGENCY FEE
a. DEDUCTED FROM
- members of a
union
for
the
payment of union
dues.
b. CONSENT
May
not
be
deducted from the
salaries of the union
members
without
the written consent
of
the
workers
affected
- May be deducted
from the salary of
employees
without
their consent.
CHECK-OFF
- non-members of the
bargaining
agent
(union)
for
the
enjoyment of the
benefits under the
CBA.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
85
MEMORY AID
a. HOW APPROVED
-by written resolution
approved by majority
of all the members at
a meeting duly called
for that purpose
b.
EXCEPTION TO
SUCH REQUIREMENT
-no exceptionwritten
resolution
is
mandatory
at
all
instances.
(Union Dues)
-by
obtaining
the
individual
written
authorization
duly
signed
by
the
employee which must
specify:
a. amount
b. purpose and
c. beneficiary
of
the deduction.
(Agency Fees)
-not necessary if:
1.
For
mandatory
activities
provided
under the Code; and
2. When non-members
of the union avail of
the benefits of the
CBA.
Said
nonmembers
may
be
assessed agency fees
equivalent to that
paid by members only
by a Board Resolution
approved by majority
of the members in a
general meeting called
for the purpose.
CHAPTER III
RIGHTS OF LEGITIMATE LABOR
ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE
LABOR ORGANIZATIONS
RIGHTS OF A LEGITIMATE
ORGANIZATION [USERFOE]:
LABOR
IN
LABOR LAW
PERSONS/EMPLOYEES ELIGIBLE TO
JOIN A LABOR ORGANIZATION FOR
PURPOSES
OF
COLLECTIVE
BARGAINING:
1. All persons employed in commercial,
industrial and agricultural (CIA)
enterprises, and
2. In religious, charitable, medical or
educational (RCME) institutions
whether operating for profit or not
PERSONS/EMPLOYEES ELIGIBLE TO
JOIN A LABOR ORGANIZATION FOR
MUTUAL
AID
AND
PROTECTION
(AIRSIW):
1. Ambulant,
2. Intermittent,
3. Rural,
4. Self-employed people
5. Itinerant workers and
6. Workers without any definite
employers,
PERSONS/EMPLOYEES WHO ARE NOT
GRANTED THE RIGHT TO SELFORGANIZATION: (HEMACEN)
1. High-level government employees
(E.O. 180 Sec. 3) (MANAGERIAL
GOVERNMENT EMPLOYEES)
TITLE V
COVERAGE
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
86
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS WITH
AN ORIGINAL
CHARTER
a. LAW
- Employees cannot stage
strikes since they are
governed by the Civil
Service Law. They are
enjoined by Civil Service
Memorandum
Circular
No. 6, under pain of
administrative sanctions
from
staging
strikes,
demonstrations,
mass
leaves, walkouts and
other
concerted
activities.
b. BARGAINING RIGHTS
- Corporations with
original charters
cannot bargain with
the government
concerning the terms
and conditions of
their employment.
However, they can
negotiate with the
government on those
terms and conditions
of employment which
are not fixed by law.
Thus, they have
limited bargaining
rights.
c.PURPOSE OF
ORGANIZATION
- Can only form, join or
assist labor organization
for purposes not contrary
to law.
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
ORIGINAL
CHARTER
- The GOCC is
created under
Corporation Code,
then employees are
covered by the Labor
Code.
Therefore
the employees have
the same rights as
those as employees
of private
corporations, one of
which is the right to
strike.
- The GOCC is
created under
Corporation Code,
being governed by the
Labor Code, they can
bargain with the
government
concerning the terms
and
conditions of
their employment.
Thus, they have
unlimited bargaining
rights.
2.
Employees
of
international
organizations with immunities (ICMC vs.
Calleja)
3.
4.
Managerial employees
whose functions are normally
considered as policy-making or
managerial
whose duties are of a highly
confidential or highly technical
in nature (212 LC)
5.
Confidential
(Metrolab vs. Confesor)
employees
6.
7.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
87
MEMORY AID
6.
provision
for facilities
for
handicapped personnel
7.
provision for first-aid medical
services for married women
8.
annual
medical/physical
examination
9.
recreational, social, athletic and
cultural activities and facilities
(Rules implementing WO 180)
THE FOLLOWING ARE CONSIDERED
NOT NEGOTIABLE:
1. Those which require appropriation of
funds, such as:
a. increase
in
salary
emoluments
and
other
allowance
not
presently
provided for by law
b. facilities requiring capital
outlays
c. car plan
d. provident fund
e. special
hospitalization,
medical and dental services
f. rice/sugar/other subsidies
g. travel expenses
h. increase
in
retirement
benefits
2. Those that involve the exercise of
management prerogatives, such as:
a. appointments
b. promotion
c. assignments/details
d. reclassification/upgrading of
position
e. revision of compensation
structure
f. penalties imposed as a result
of
disciplinary actions
g. selection of personnel to
attend seminar, trainings,
study grants
h. distribution of work load
i.
external
communication
linkages
Government
employees
and
employees of government-owned
and controlled corporations with
original charters may bargain,
however, such bargaining power
is limited.
IN
LABOR LAW
NOTE:
c. PURPOSE OF
DEFINITION
supervisory
employees [who
may/may not be
eligible to join a
labor union with
the rank and file
employees]
- to determine an
employees
eligibility
in
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
88
- to determine w/n
certain employees are
covered by Book III of
the LC on Conditions of
joining/forming a
labor union.
Employment.
routinary/clerical in nature]
then they may join the union
composed of the rank and file
employees.
NOTE: It is the nature of the employees
functions and not the nomenclature or
title given to his job which determines
whether he has a rank and file or
managerial
status.
(Engineering
Equipment, Inc. vs. NLRC)
MAY THEY
AFFILIATE
WITH
A
FEDERATION OF LABOR ORGANZATIONS
OF RANK AND FILE EMPLOYEES?
YES. Provided that:
a.
the federation is not actively
involved in union affairs in the
company; and
b. the rank and file employees are
not directly under the control of
the supervisors (Adamson vs.
Adamson)
EFFECT
OF
HAVING
MIXED
MEMBERSHIP
A
union
whose
membership is a mixture of the
supervisors and the rank and file is not
and cannot become a legitimate labor
organization. It cannot petition for a
certification election, much less ask to
be recognized as the bargaining
representative of employees.
CONFIDENTIAL EMPLOYEES - by the
very nature of their functions, they
assist and act in a confidential capacity
to, or, have access to confidential
matters of persons who exercise
managerial functions in the field of
labor relations. Therefore, the rationale
behind the ineligibility of managerial
employees to form, assist or join a labor
union equally applies to them. (Philips
Industrial Devt Inc. Vs. NLRC)
- they are entrusted with confidence on
delicate matters, or with the custody,
handling, or care and protection of the
employers property. Under the doctrine
of necessary implication, confidential
employees are similarly disqualified
under Article 245. (Republic Planters
Bank vs. Torres)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
89
MEMORY AID
restrain,
coerce,
discriminate against, or
unduly interfere
IN
LABOR LAW
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
ART. 247. UNFAIR LABOR PRACTICES
NATURE
PRACTICES:
OF
UNFAIR
LABOR
OF
UNFAIR
LABOR
1.
employer-employee relationship
between the offender and the
offended
2. act done is expressly defined in
the Code as an act of unfair
labor practice
3. it is now considered a criminal
offense triable by the criminal
court
NOTE: Prohibited acts are all related to
the workers' self-organizational right and
the the observance of a CBA, except Art.
248 (f) dismissing or prejudicing an
employee for giving testimony under the
Code.
ULP has a technical meaning.
It is a practice unfair to labor,
although the offender may either
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
90
be an employer or a labor
organization
It refers to acts opposed to
workers'
right
to
organize.
Without this, the act, no matter
how unfair, is not ULP.
It commonly connotes antiunionism.
It also refers to gross violation
of CBA provisions. Gross means the
act is malicious and flagrant.
2 ASPECTS
PRACTICE:
CIVIL CASE
OF
UNFAIR
LABOR
CRIMINAL CASE
A. PERSONS LIABLE
1. Officers and 1. Agents and officers
agents
of who
participated
or
employer or
authorized or ratified
2. Labor
the act.
organization,
2. Agents,
officers
and representatives, members
agents
of the government board,
including
ordinary
members
B. JURISDICTION
-Labor Arbiters of -MTC/RTC as the case
the NLRC
may be.
C. QUANTUM OF PROOF NEEDED
-substantial
-beyond reasonable doubt
evidence
[subject to prosecution
and punishment]
D. PRESCRIPTIVE PERIOD
- one year from - one year from the
the accrual of the accrual of the ULP act,
ULP act.
however
it
will
be
suspended
once
the
administrative case has
been filed and would only
continue running once the
administrative case has
attained finality.
Final judgment in the
administrative
proceeding finding that
ULP has been committed
is a prerequisite in filing
a criminal case for ULP
NOTE: Final judgment in
the
administrative
proceedings shall not be
binding in the criminal
case
nor
shall
be
considered
as
an
evidence of guilt but
merely as a proof of
compliance
of
the
requirements prescribed
by the Code.
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
ART 248. ULP THAT MAY BE
COMMITTED BY AN EMPLOYER (1-10)
1. To INTERFERE WITH, RESTRAIN OR
COERCE EMPLOYEES
- in the exercise of their right
to self-organization;
INTERFERENCE
Examples:
- outright and unconcealed intimidation
- interrogation
employer must communicate to the
employee the purpose of questioning
1. assure him that no reprisal would
take place
2. obtain employee participation
voluntarily
3. must be free from employer
hostility to union organization
4. must not be coercive in nature
-intimidating expressions of opinion by
employer
TEST OF INTERFERENCE OR COERCION whether the employer has engaged in
conduct which it may reasonably be said
tends to interfere with the free exercise
of the employees' right and it is not
necessary that there be direct evidence
that any employee was in fact
intimidated
or
coerced
by
the
statements of threats or the employer if
there is a reasonable interference that
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
91
MEMORY AID
IN
LABOR LAW
TO PAY NEGOTIATION OR
ATTORNEYS FEES TO THE UNION OR
ITS OFFICERS OR AGENTS
- as part of the settlement of any
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
92
9.
To VIOLATE A COLLECTIVE
BARGAINING AGREEMENT.(GROSSLY!)
- the violation must be gross and
with respect to the economic
provision of the CBA (flagrant
and with malice)
All the aforementioned acts (Nos. 19) must have a relation to the
employees exercise of their to selforganization. Anti-union or antiorganization motive must be proved
because it is a definitional element
of ULP.
RUNAWAY SHOP - an industrial plant
moved by its owners from one location
to another to escape union labor
regulations or state laws or to
discriminate against employees at the
old plant because of their union
activities.
COMPANY UNIONISM
1. Initiation of the company union
idea by:
a. outright formation by
employer
or
his
representatives
b. employee formation on
outright
demand
or
influence by employer
c. managerially motivated
formation by employees
2. financial support to the union by:
a. employer defrays union
expenses
b. pays attorney's fees to the
attorney who drafted the
Constitution or by laws of
the union
3.
employer encouragement and
assistance by immediate granting
of
exclusive
recognition
as
bargaining
agent
without
determining whether the union
represents
majority
of
the
employees
4. supervisory assistance by soliciting
membership, permitting union
activities during work time or
coercing employees to join the
union by threats of dismissal or
demotion.
SECURITY
ARRANGEMENTS
stipulations in the CBA requiring
membership in the contracting union as
a condition for employment or retention
of employment in the company.
PRINCIPLES OF UNION SECURITY
ARRANGEMENTS:
1. Protection - To shield union members
from whimsical and abusive exercise
of management prerogatives.
2. Benefits - An additional membership
will insure additional source of
income to the union in the form of
union dues and special assessment.
3. Self-preservation- It strengthens the
union
through selective
acceptance of new members on the
basis of commitment and loyalty.
DIFFERENT KINDS OF UNION SECURITY
ARRANGEMENTS: (EXCEPTIONS TO ULP
ON INTERFERENCE ON THE EMPLOYEES
EXERCISE OF THEIR RIGHT TO SELFORGANIZATION)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
93
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
94
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART.
250.
PROCEDURE
COLLECTIVE BARGAINING
IN
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
95
MEMORY AID
IN
1.
COLLECTIVE
IN
LABOR LAW
3.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
96
7.
b. EXECUTING
A
CONTRACT
incorporating such agreements if
requested by either party.
LIMITATIONS:
1. the duty to bargain collectively does
not compel any party to:
a. agree to a proposal; or
b. make a concession.
No room for Take it or Leave it
posture.
2. the parties cannot stipulate terms
and conditions of employment which
are below the minimum requirements
prescribed by law
(Meaning of duty to bargain when there
exists a CBA, see discussion under Art.
253)
for
an
6.
union seeks to represent some
persons who are excluded from the Code
7.
the rank-and-file unit includes
supervisors or inappropriate otherwise
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
97
MEMORY AID
8.
the demand for recognition and
bargaining is made within the year
following a certification election in
which the clear choice was no union and
no ad interim significant change has
taken place in the unit
9. the union makes unlawful bargaining
demands
BARGAINING TO THE POINT OF
DEADLOCK OR IMPASSE:
1. over a mandatory subject - party
may insist on bargaining and will not be
construed as bargaining in bad faith
REASON:
duty to bargain requires
meeting and convening on the terms and
253
253-A/256
A.FREEDOM PERIOD
-the notice of intention to
terminate, amend or alter
the provisions of the CBA
shall be filed within the
sixty (60) day period,
immediately prior to the
expiration of the CBA.
-the economic provisions
however
may
be
renegotiated not later than
three (3) years. Those
economic
provisions
entered within 6 months
from the expiry of their
term as fixed in the CBA
shall retroact to the day
immediately following such
date, if beyond 6 months
the effectivity is by
agreement of the parties.
B.
WHAT MAY BE
CHANGED DURING THE 60DAY FREEDOM PERIOD
-re-negotiable provisions of
the CBA particularly the
non-representation aspect
(ECONOMIC
PROVISIONS
may be renegotiated not
later than three (3) years.
- representation
aspect of the CBA
shall be for a
term of five (5).
A petition for
certification
election may be
entertained and
a
certification
election may be
conducted within
the 60-day period
immediately
prior
to
the
expiration of the
CBA.
representation
aspectit may be
resolved by holding
certification
election
conditions of employment
but does not require assent to the other
party's proposals.
2. over a non-mandatory subject party may not insist on bargaining to the
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
98
ART. 253A.
TERMS OF A
COLLECTIVE BARGAINING AGREEMENT
(CONTRACT BAR RULE)
DURATION OF THE CBA:
1. With
respect
representation aspect,
lasts for 5 years
to
the
the
same
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
99
MEMORY AID
IN
LABOR LAW
NOTE:
An employer may solicit
questions, suggestions and complaints
from
employees
eventhough
the
employees are represented by a union,
provided:
1.
the
collective
bargaining
representative
executes
an
agreement waiving the right to be
present on any occasion when
employee grievances are being
adjusted by the employer and
2. employer acts strictly within the
terms of this waiver agreement.
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY
OF INTEREST DOCTRINE:
1. similarity in the scale and manner of
determining earnings
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
100
previous
collective
CERTIFICATION
ELECTION
CERTIFICATION
ELECTION
A. NATURE
- separate and distinct
from
a
consent
election
vs.
CONSENT
CONSENT
ELECTION
- a separate and
distinct process
and has nothing
to do with the
import
and
effect
of
a
certification
election
B. PURPOSE
- to determine the sole
and
exclusive
bargaining agent of all
the employees in an
appropriate bargaining
unit for the purpose of
collective bargaining;
- to determine
the
issue
of
majority
representation of
all the workers
in
the
appropriate
collective
bargaining unit
mainly for the
purpose
of
determining the
administrator of
the CBA when
the contracting
union
suffered
massive
disaffiliation but
not
for
the
purpose
of
determining the
bargaining agent
for purposes of
collective
bargaining.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
101
MEMORY AID
UNORGANIZED
A. WHEN MANDATORY ON
THE PART OF BLR
- upon the filing of a
verified petition by a
legitimate
labor
organization
questioning
the majority status of the
incumbent
bargaining
agent within the 60-day
freedom period before the
expiration of a CBA.
- The petition must be
supported by the written
consent of at least 25% of
ALL THE EMPLOYEES IN
THE
APPROPRIATE
BARGAINING UNIT.
- the employer cannot file
a petition for certification
election; only a legitimate
labor organization can file
such petition.
Upon:
a. the filing
of a verified
petition by a
legitimate
labor
organization;
or
b. upon the
filing of a
petition
by
the employer
when
such
employer is
requested by
the
employees to
bargain
collectively.
- any time,
subject
however to
the
ONEELECTIONPER-YEAR
RULE.
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
102
two
1. if one choice
receives
a
plurality of vote
and
the
remaining
choices results
in a tie;
2. if all choices
received
the
same number of
votes;
In
both
instances,
the
NO UNION is also
a choice
Conducted
when
none
of
the
choices, including
the choice of No
Union, receives a
majority of the
valid vote cast.
This
presupposes
no less than three
competing choices.
In this situation, an
election
is
conducted between
the union choices
receiving
the
largest and the
second
largest
number of the valid
votes cast.
SUCCESSOR-IN-INTEREST DOCTRINE
When an employer with an existing CBA
is succeeded by another employer, the
successor-in-interest who is a buyer in
good faith has no liability to the
employees in continuing employment
and the collective bargaining agreement
because these contracts are in personam
EXCEPT:
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
103
MEMORY AID
IN
LABOR LAW
EXAMPLES
BARGAINING:
OF
BAD
FAITH
TITLE VII- A
(as incorporated by RA 6715)
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
104
VOLUNTARY
ARBITRATION
contractual proceedings where parties to
a dispute select a judge of their own
choice and by consent submit their
controversy to him for determination.
All grievances not settled within 7
days from the date of its submission to
the
grievance
machinery
shall
automatically be referred voluntary
arbitration prescribed in the CBA.
Although
the
provision
mentions parties to a
collective
bargaining
agreement, it does not
mean that a grievance
machinery cannot be set up
in a CBA-less enterprise. In
any work place where
grievance can arise, a
grievance
machinery
(regardless of name) can be
established.
In a unionized company, Art.
255 allows an employee,
union member or not, to
raise a grievance directly to
the employer.
SUBMISSION
AGREEMENT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
105
MEMORY AID
Lack of jurisdiction
Grave abuse of discretion
Violation of due process
Denial of substantial justice
Erroneous interpretation of the law
A voluntary arbitrator is a
quasi-judicial instrumentality (Sec 9
BP129 as amended by RA 7902);
hence, a petition for certiorari under
Rule 65 of the Rules of Court will lie
where a grave abuse of discretion or
an act without or in excess of
jurisdiction
of
the
voluntary
arbitrator is shown, which may be
filed with the Court of Appeals.
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage
of work by the concerted action of
IN
LABOR LAW
or labor dispute.
IMPORTANCE:
it is the most
effective weapon of labor in protecting
the rights of employees to improve the
terms
and
conditions
of
their
employment.
Government employees may form
labor unions but are not allowed to
strike.
Only
legitimate
labor
organizations are given the right to
strike.
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
106
ULP STRIKE
[POLITICAL]
A. NATURE
- A voluntary strike - An involuntary
because
the strike; the labor
employee
will organization
is
declare a strike to forced to go on
compel management
to grant its demands.
strike because of
the
ULP
committed
against them by
the employer. It is
an act of selfdefense since the
employees
are
being pushed to
the wall and their
only remedy is to
stage a strike.
B. INITIATED BY:
The
collective - either
bargaining agent of a.
Collective
the
appropriate bargaining agent
bargaining unit can or
declare an economic b. the legitimate
strike.
labor organization
in behalf of its
members
C. COOLING OFF PERIOD
-30 days from the
filing of the notice of
strike before the -15 days from the
intended date of filing
of
the
actual strike subject notice of strike.
to the 7-day strike
ban.
D. EXCEPTION TO THE COOLING-OFF
PERIOD
- No exception - the cooling off
period
may
be
mandatory.
- Notice of strike
and
strike
vote
maybe
dispensed
with.
They
may
strike immediately.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
107
MEMORY AID
LEGAL STRIKE
- not entitled to said
pay based on the
principle that a fair
days wage accrues
only for a fair days
labor
- may be awarded
the said paid in the
discretion of the
authority deciding
the case.
CHARACTERISTICS OF STRIKES:
1. there must be an established
relationship between the strikers and
the person/s against whom the strike is
called
2. the relationship must be one of
employer and employee
3.
the existence of a dispute
between the parties and the utilization
by labor of the weapon of concerted
refusal to work as a means of persuading
or coercing compliance with the working
mens demands
4. the contention advanced by the
workers that although the work ceases,
the employment relation is deemed to
continue albeit in a state of belligerent
suspension
5. there is work stoppage, which
stoppage is temporary
6.
the work stoppage is done
through the concerted action of the
employees
7. the striking group is a legitimate
labor organization, and in case of
bargaining deadlock, is the employees
sole bargaining representative.
TESTS IN DETERMINING THE
LEGALITY OF A STRIKE:
1. Purpose Test
2. Compliance with Procedural and
substantive requirements of law
3. Means employed test
1. PURPOSE TEST - The strike must be
due to either
- bargaining deadlock and/or
- unfair labor practice.
2. COMPLIANCE WITH PROCEDURAL &
SUBSTANTIVE REQUIREMENTS OF
LAW to wit (a-d):
a. notice of strike
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
108
NOTE:
What
constitutes
indispensable industry is based solely
upon the discretion of the Secretary of
Labor.
EFFECTS OF THE ASSUMPTION OF
JURISDICTION OF THE SECRETARY
1. AUTOMATICALLY
ENJOINS
the
intended or impending strike or
lockout
as specified in the
assumption or certification order;
d.
e.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
109
MEMORY AID
f.
2.
3.
IN
LABOR LAW
ART.
ACTIVITIES
264.
PROHIBITED
LABOR ORGANIZATIONS
RULE ON REINSTATEMENT OF
STRIKING WORKERS:
without
first
having
bargained
collectively
in
accordance with Title VII of
this Book or
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
110
b. AFTER
certification
or
submission of the dispute to
compulsory or voluntary
arbitration or
c. DURING the pendency of
cases involving the same
grounds for the strike or
lockout.
THIRD PERSONS
2. NO person [3rd persons] all obstruct,
impede or interfere with by force,
violence,
coercion,
threats
or
intimidation
any peaceful picketing by
employees
during
any
labor
controversy or in the
exercise of the right of selforganization or collective
bargaining or
shall aid or abet such
obstruction or interference.
4.
c.
order.
EMPLOYERS
3.
be
a. AFTER
assumption
of
jurisdiction by the President
or the Secretary or
IMPROVED OFFER
BALLOTING
1. a referendum
conducted by the NCMB
on or before the 30th day
of the strike, for the
purpose of determining
whether or not the
improved offer of the
employer is acceptable
to the union members.
REDUCED
OFFER
BALLOTING
1.
a
referendum
conducted by the
NCMB for the
purpose
of
determining
whether or not
the
reduced
offer
of
the
union
is
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
111
MEMORY AID
acceptable
the board
directors,
trustees
partners.
PURPOSE
2. to determining
whether or not the
improved offer of the
EMPLOYER is acceptable
to the union members.
to ascertain the
real sentiment of
the silent majority
of
the
union
members on strike.
PERIOD OF FILING
3. on or before the
30th day of the strike
LIMITATION
4.
applies
economic
(deadlock)
only to
strikes
to
of
3.
on or
before the 30th
day
of
the
lockout
4.
applies
only to economic
strikes-deadlock
in
bargaining
(lockout)
public peace
c.
commission of a crime
BOOK SIX
POST EMPLOYMENT
TITLE I
TERMINATION OF
EMPLOYMENT
LABOR LAW
or
2.
to
determining
whether or not
the
improved
offer
of
the
UNION
is
acceptable
to
the
union
members.
to ascertain
the
real
sentiment of the
silent majority of
the
union
members
on
strike.
IN
A. REINSTATEMENT - Restoration of
the employee to the state from which he
has been unjustly removed or separated
without loss of seniority rights and other
privileges.
FORMS OF REINSTATEMENT:
ACTUAL OR PHYSICAL REINSTATEMENT
- the employee shall be admitted
back to work
2. PAYROLL REINSTATEMENT
- the employee is merely reinstated
in the payroll.
1.
May
a
court
order
the
reinstatement
of
a
dismissed
employee even if the prayer of the
complaint did not include such relief?
YES. So long as there is a finding
that the employee was illegally
dismissed, the court can order the
reinstatement of an employee even if
the complaint does not include a prayer
for reinstatement, unless, of course, the
employee has waived his right to
reinstatement. By law, an employee who
is unjustly dismissed is entitled to
reinstatement, among others. The mere
fact that the complaint did not pray for
reinstatement will not prejudice the
employee, because technicalities of law
and procedure are frowned upon in labor
proceedings (General Baptist Bible
College v. NLRC; 219 SCRA 549).
What happens if there is an order
of reinstatement but the position is no
longer available?
The employee should be given a
SUBSTANTIALLY EQUIVALENT POSITION. If
NO
SUBSTANTIALLY
EQUIVALENT
POSITION IS AVAILABLE, reinstatement
should not be ordered because that
would in effect compel the employer to
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
112
situation,
be given
OF ONE
YEAR OF
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
113
MEMORY AID
regularity:
nature
of
REGULAR EMPLOYEE
VS.
PROJECT EMPLOYEE
PROJECT
EMPLOYEE
REGULAR
EMPLOYEE
A project employee is
one
whose
employment is fixed
for a specific project
or undertaking the
completion of which
has been determined
at the time of the
engagement of the
employee. (See Art.
280 LC)
A
regular
employee
is
one
engaged to perform
activities which are
usually necessary or
desirable in the usual
business or trade of
the employer
TEMPORARY EMPLOYMENT OR
EMPLOYMENT FOR A FIXED SPECIFIC
PERIOD - one wherein an employee is
engaged to work on a specific project or
undertaking which is usually necessary or
desirable in the usual business or trade
of the employer, the completion of
which has been determined at the time
of the engagement of the employee.
- He does not become a regular
employee. The employment is
coterminous with the specific
period.
SEASONAL EMPLOYMENT - one
wherein an employee is engaged to work
during a particular season on an activity
that is usually necessary or desirable in
LABOR LAW
IN
Employee is considered an
regular employee insofar as the
season to which he was
employed is concerned.
- during the off-season his
employment
is
merely
suspended not terminated
(Phil. Tobacco Flue Curring and
Drying Corp. vs. NLRC).
PROBATIONARY
PERIOD
OF
EMPLOYMENT - the period needed to
determine the fitness for the job, i .e.,
the time needed to learn the job.
It is the period during which the
employer may determine if the
employee is qualified for possible
inclusion in the regular force.
PURPOSE: To afford the employer an
opportunity to observe the fitness of a
probationary employee at work.
NOTE:The standard which the
probationary employee is to meet must
be made known by the employer to the
employee at the time of engagement.
The services of probationary employees
may be terminated for the same causes
as in the case of regular employee,
except that there is an additional ground
failure to meet the standard.
LIMITATIONS ON THE EMPLOYERS
POWER TO TERMINATE A PROBATIONARY
EMPLOYMENT CONTRACT:
1. the power must be exercised in
accordance with the specific
requirements of the contract
[COMPLIANCE
WITH
SPECIFIC
REQUIREMENTS];
2.if a particular time is prescribed,
the termination must be within
such time and if formal notice is
required, then that form must be
used
[WITHIN
PARTICULAR
PRESCRIBED TIME];
3.the employers dissatisfaction must
be real and in good faith, not
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
114
EFFECT
IF
PROBATIONARY
EMPLOYEE IS ALLOWED TO WORK
BEYOND 6 MONTHS
If the probationary employee is
allowed to work beyond the period of 6
months or the agreed probationary
period, said employee becomes a regular
employee by operation of law.
Under the Labor Code, an
employee who is allowed to work after a
probationary period shall be considered
a regular employee. (Art. 281.)
ART. 282. TERMINATION BY
EMPLOYER
SECURITY OF TENURE - An
employer
CANNOT
terminate
the
services of an employee EXCEPT for a
just cause or when authorized by law.
GUIDELINES TO DETERMINE THE
VALIDITY OF TERMINATION:
1. Gravity of the offense
2. Position
occupied
by
the
employee
3. Degree of damage to the
employer
4. Previous infractions of the same
offense
5. Length of service
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
115
MEMORY AID
IN
LABOR LAW
ineffectual.
Therefore,
the
employee
is
entitled
to
backwages from the time he was
dismissed
until
the
determination of the justness of
the cause of the dismissal.
B.
AUTHORIZED
CAUSES
TERMINATION BY THE EMPLOYER:
OF
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
116
Reorganization as a cost-saving
device
is
acknowledged
by
jurisprudence. An employer is not
precluded from adopting a new
policy conducive to a more
economical
and
effective
management, and the law does not
require that the employer should
be suffering financial losses before
he can terminate the services of
the employee on the ground of
redundancy (DOLE PHILIPPINES,
INC et al., vs. NATIONAL LABOR
RELATIONS COMMISSION et al.)
CAUSE OF
TERMINATION
Automation
Redundancy
6. DISEASE
a. the disease is incurable
within 6 months and the
continued employment of
the employee is prohibited
by law or prejudicial to his
health as well as to the
health of his co-employees
Retrenchment
Closures or
cessation
of
operations
not
due to serious
SEPARATION PAY
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to one
month pay or at least
one-half month pay for
every year of service
Equivalent to one
month pay or at least
one-half month pay for
every year of service
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
117
MEMORY AID
business losses or
financial reverses
Disease
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
118
Retirement
Optional
but
the
employee must have served
at least 5 years
65
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
TITLE II
PRESCRIPTION
CLAIMS
OF
OFFENSES
AND
Period
of
Prescription
3 years from the
accrual of the causes of
action
1 year from the
accrual of the cause of
action
4 years from the
accrual of the cause of
action
4 years
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
119
MEMORY AID
Appendices
SPECIAL LAWS
SOCIAL SECURITY SYSTEM
RA1161 as amended by RA 8282
IN
LABOR LAW
COVERAGE:
Compulsory:
1. Compulsory upon all employees
not over 60 years of age and
their employers
2. In case of domestic helpers,
their monthly income should not
be less than one thousand pesos
Limitation: Sec. 9 (a)
a. Any benefit already earned
by the employees under
private benefit plans existing
at the time of the approval
of the Act shall not be
discontinued, reduced or
otherwise impaired
b. Private plans which are
existing and in force at the
time of compulsory coverage
shall be integrated with the
plan of the SSS in such a way
where
the
employers
contribution to his private
plan is more than that
required of him in this Act,
he shall pay to the SSS only
the contribution required of
him and he shall continue his
contribution to such private
plan less his contribution to
the SSS so
that the
employers total contribution
to his benefit plan and and
to the SSS shall be the same
as his contribution to his
private benefit plan before
any compulsory coverage.
c. Any changes, adjustments,
modifications, eliminations
or improvements in the
benefits to be available
under the remaining private
plan,
which
may
be
necessary to adopt by reason
of the reduced contribution
thereto as a result of the
integration shall be subject
to agreements between the
employers
and
the
employees concerned
d. The private benefit plan
which the employer shall
continue for his employees
shall remain under the
employers managementand
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
120
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
121
MEMORY AID
EMPLOYEE
Any
person
who
performs
services for an employer in which either
or both mental and physical efforts are
used and who receives compensation for
such services, where there is an
employer- employee relationship.
Self- employed person shall be
both the employer and employee at the
same time
DEPENDENTS:
1. The legal spouse entitled by law
to receive support from the
member
2. the legitimate, legitimated or
legally adopted and illegitimate
child who is unmarried, not
gainfully employed and has not
reached 21 years of age or if 21
years of age, he is congenitally
incapacitated or while still a
minor has been permanently
incapacitated and incapable of
self- support, physically and
mentally and
3. the parent who is receiving
regular
support
from
the
member
BENEFICIARIES
a.
b.
c.
d.
e.
IN
LABOR LAW
Benefits
1. Monthly pension
2. Dependents pension
It shall be paid for each dependent
child conceived on or before the
date of the contingency but not
exceeding five, beginning with the
youngest
without
substitution
PROVIDED that where there are
legitimate and illegitimate children,
the former shall be preferred.
3. Retirement benefits
A member who has paid at least 120
monthly contributions prior to
the semester of retirement and
who:
a. has reached the age of
60 years and is already
separated
from
employment
or
has
ceased to be selfemployed
b. has reached the age of
65 years, shall be
entitled for as
A covered member who is 60 years
old not qualified under No. 1
shall still be entitled to
retirement benefits PROVIDED,
he
is
separated
from
employment
and
is
not
continuing
payment
of
contributions to the SSS on his
own.
SUSPENSION OF MONTHLY PENSION:
Upon the re-employment or
resumption of self-employment
of a retired employee who is
less than 65 years old.
4. Death Benefits
5. Permanent disability benefits
6. Funeral Benefit
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
122
Sources of Fund
1. Collection:
Beginning on the last day of the
month
when
an
employees
compulsory coverage takes effect
and every month thereafter during
his employment, his employer shall
pay the employers contribution and
shall deduct and withhold from such
employees monthly salary the
employees contribution.
The same time of collection for
self-employed
2. Remittance:
It shall be remitted within the first
10 days of each calendar month
following the month for which they
are applicable or within such time
as the Commission may prescribe.
For self-employed they shall
remit their contributions quarterly
on such dates and schedules as the
Commission may require.
(NOTE: SEE TABLE ON SOCIAL WELFARE
LEGISLATION FOR COMPARISON WITH
GSIS)
GOVERNMENT SERVICE
INSURANCE SYSTEM
RA 8291
COMPULSORY MEMBERSHIP (Sec. 3)
Compulsory for all employees (as
defined in Section 2 (d) of GSIS Law)
receiving compensation who have not
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
123
MEMORY AID
All
service
credited
for
retirement, resignation or separation for
which corresponding benefits have been
awarded shall be EXCLUDED in the
computation of service in case of
reinstatement in the service of an
employer and subsequent retirement or
separation which is compensable.
Dependents:
1. The legitimate spouse dependent
for support upon the member or
pensioner
2. The
legitimate,
legitimated
legally adopted child, including
the illegitimate child who is:
a. unmarried,
b. not gainfully employed,
c. not over the age of
majority,
d. or is over the age of
majority
but
incapacitated
and
incapable of self-support
due to a mental or
physical defect acquired
prior to age of majority
3. Parents dependent upon the
member for support
Primary Beneficiary
The legal dependent spouse until
he/she remarries
Secondary Beneficiary
The dependent parents and subject
to the restrictions on dependent
children, the legitimate descendants
Disability
Any loss or impairment of the normal
functions of the physical and/or
mental faculty of a member which
reduces or
eliminates his/her
capacity to continue with his/her
current gainful occupation or engage
in any other gainful occupation.
Total Disability
Complete incapacity to continue
with his present employment or
engage in any gainful occupation due
to the loss or impairment of the
normal functions of the physical
and/or mental faculties of the
member
Permanent Total Disability
Accrues or arises when recovery
from impairment mentioned in
Section 2 (Q) (defining disability) is
medically remote
Definition of Terms
Employer:
The
national
government,
its
political
subdivisions,
branches,
agencies
or
instrumentalities
including GOCCs and financial
institutions with original charters,
the constitutional commissions and
the judiciary
Employee or Member:
Any person receiving compensation
while in the service of an employer
as defined herein, whether by
LABOR LAW
election
or
appointment,
irrespective of status appointment,
IN
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
124
Contributions
1. It shall be mandatory for the
member and the employer to
pay the monthly contributions.
2. The employer shall include in its
annual
appropriation
the
necessary amounts for its share
of the contributions indicated
above PLUS any additional
premiums that may be required
on account of the hazards or
risks
of
its
employees
occupation.
3. Failure to do so shall subject the
employers
to
penal
or
administrative sanctions.
Collection and Remittance
1. Collection: The employer shall
report to the GSIS all pertinent
information
regarding
the
employee and shall deduct each
month from the salary or
compensation of each employee
the contribution payable by him.
2. Remittance: The employer shall
remit directly to the GSIS the
employees
and
employers
contributions within the first ten
(10) days of the calendar month
following the month to which the
contributions apply.
Benefits
1.
benefits
likewise
UNEMPLOYMENT
OR
INVOLUNTARY
SEPARATION
BENEFITS (Sec. 12): shall be
paid to a permanent employee
who is involuntarily separated
from the service due to the
abolition of his office or position
usually
resulting
from
reorganization PROVIDED that
he has been paying integrated
contributions for at least one (1)
year prior to contributions.
2.
RETIREMENT BENEFITS:
Conditions for entitlement (Sec.
13-A):
Member has rendered at least 15
years of service
He is at least 60 years of age at
the time of retirement
He is not receiving a monthly
pension
benefit
from
permanent total disability
3.
PERMANENT
DISABILITY
BENEFITS
General
Conditions
for
Entitlement (Sec. 15):
The member must have suffered
permanent disability for reasons
NOT DUE to:
1. Grave misconduct
2. Notorious negligence
3. Habitual intoxication, or
willful intention to kill
himself or another.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
125
MEMORY AID
IN
LABOR LAW
PENSION,
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
126
ORDER
OF PAYMENT OF THE
SURVIVORSHIP PENSION
1.
2.
3.
JURISDICTION
GSIS shall have the exclusive and
original jurisdiction to settle any dispute
arising under the Act and any other laws
administered by the GSIS.
Appealable under Rule 43 and 45
Of the 1997 Rules of Civil Procedure. The
appeal shall not stay the execution of
the order or award unless ordered by the
Boards, CA, or SC and the appeal shall
be without prejudice to the special civil
action of certiorari when proper.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
127
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
128
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
129
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
130
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
131
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
132
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
133
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
134
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
135
MEMORY AID
GENERAL OBJECTIVES:
1. Provide all citizens of the
Philippines with the mechanism
to gain financial access to health
services
2. Create the National Health
Insurance Program hereinafter
referred to as the Program, to
serve as the means to help the
people pay for health care
services
3. Prioritize and accelerate the
provision of health services to all
Filipinos,
especially
that
segment of the population who
cannot afford such services; and
4. Establish the Philippine Health
Insurance
Corporation,
hereinafter referred to as the
Corporation, that will administer
IN
LABOR LAW
Definition of Terms
1. Dependent:
a. The legitimate spouse who is not
a member
b. The unmarried and unemployed
legitimate,
legitimated,
illegitimate,
acknowledged
children as appearing in the
birth certificate; legally adopted
or step-children below twentyone years of age
c. Children who are 21 years old or
above
but
suffering
from
congenital
disability,
either
physical or mental, or any
disability acquired that renders
them totally dependent on the
member for support
d. Parents who are 60 years old or
above whose monthly income is
below an amount to be
determined by the Corporation
2. Employer
A natural or juridical person who
employs the services of an employee
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
136
3. Employee
Any person who performs services
for an employer in which either or
both mental and physical efforts are
used and who receives compensation
for such services, where there is an
employer-employee relationship
Benefit Package
1. Inpatient hospital care
a. room and board
b. services
of
health
care
professionals
c. diagnostic, laboratory and other
medical examination services
d. use of surgical or medical
equipment and facilities
e. prescription
drugs
and
biologicals
2. Outpatient care
a. services
of
health
care
professionals
b. diagnostic, laboratory and other
medical examination services
c. personal preventive services
d. prescription
drugs
and
biologicals
3. Emergency and transfer services
4. Other health care services
NOTE:
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
137
MEMORY AID
TRANSFER
OF
MEDICARE
FUNCTIONS OF THE SSS AND GSIS
Within
5
years
from
the
promulgation of the implementing rules
and regulations. But the SSS and GSIS
shall continue performing its Medicare
functions beyond the stipulated 5-year
period if such extension will benefit
Program members.
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT,A ND FOR OTHER
PURPOSES
(REPUBLIC ACT NO. 7877)
DECLARATION OF POLICY.
The State shall:
1. value the dignity of every
individual,
enhance
the
development of its human
resources,
2. guarantee full respect for human
rights, uphold the dignity of
workers, employees, applicants
for employment, students or
those
undergoing
training,
instruction or education.
Towards this end, all forms of sexual
harassment
in
the
employment,
education or training environment are
hereby declared unlawful.
The law punishes sexual harassment
if the same is:
1. work-related;
2. education-related;
3. training-related
WORK, EDUCATION
RELATED
SEXUAL
DEFINED.
OR TRAININGHARASSMENT
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
138
a)
b)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
139
MEMORY AID
IN
LABOR LAW
and
crisis
intervention
in
situations
of
child
abuse,
exploitation and discrimination.
The State shall intervene on behalf
of the child when:
1. The parent, guardian, teacher or
person having care or custody of
the child fails or is unable to
protect the child against abuse,
exploitation and discrimination
or
2. When such acts against the child
are committed by the said
parent, guardian, teacher or
person having care and custody
of the same.
The best interests of children shall
be the paramount consideration in all
actions concerning them
Every effort shall be exerted to
promote the welfare of children and
enhance their opportunities for a useful
and happy life.
CHILDREN persons below 18 years of
age or those over but are unable to fully
take care of
themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of
a physical or mental disability or
condition
CHILD ABUSE - maltreatment, whether
habitual or not, of the child which
includes any of the following:
1. Psychological
and
physical
abuse, neglect, cruelty, sexual
abuse
and
emotional
maltreatment;
2. Any act by deeds or words,
which debases, degrades or
demeans the intrinsic worth and
dignity of a child as a human
being;
3. Unreasonable deprivation of his
basic needs for survival, such as
food or shelter; or
4. Failure to immediately give
medical treatment to an injured
child
resulting
in
serious
impairment of his growth and
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
140
development,
or
in
his
permanent incapacity or death.
"COMPREHENSIVE PROGRAM AGAINST
CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION":
refers
to
the
coordinated program of services and
facilities to protect children against:
1. Child prostitution and other
sexual abuse;
2. Child trafficking;
3. Obscene
publications
and
indecent shows;
4. Other acts of abuse; and
5. Circumstances which threaten or
endanger the survival and
normal development of children.
RULE ON CHILD LABOR
Children below
fifteen (15)
years of age SHALL NOT BE EMPLOYED
Except:
1. When a child works directly under
the sole responsibility of his parents
or legal guardian and where only
members of the employer's family
are employed
However, the ff. conditions must be
met:
That
his
employment
neither endangers his life,
safety, health and morals,
nor impairs his normal
development;
That the parent or legal
guardian shall provide the
said minor child with the
prescribed primary and/or
secondary education;
2. Where a child's employment or
participation in public entertainment or
information through cinema, theater,
radio or television is essential
However the ff. conditions must be
met:
1. The
employment
contract
is
concluded by the child's parents or
legal guardian, with the express
agreement of the child concerned, if
the
and
b.
c.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
141
MEMORY AID
PROHIBITION
AGAINST
CHILD
DISCRIMINATION
No employer shall discriminate
against any person in respect to terms
and conditions of employment on
account of his age. (Art. 140 Labor
Code)
"BASIC
SALARY"
include
all
remunerations or earnings paid by an
employer to an employee for services
rendered but may not include:
1. Cost-of-living allowances
2. Profit-sharing payments, and
3. All allowances and monetary
benefits
which
are
not
considered or integrated as part
of the regular or basic salary of
the employee at the time of the
promulgation of the Decree on
December 16, 1975.
WHAT CAN BE CONSIDERED AS
13TH MONTH PAY:
1. Christmas bonus
2. Midyear bonuses
3. Cash bonuses
SEC. 3.
EMPLOYERS COVERED
LABOR LAW
c)
DEFINITION OF CERTAIN
IN
d)
e)
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
142
SEC. 7.
EXEMPTION
OF
DISTRESSED EMPLOYERS
Distressed
employers
shall
qualify for exemption from the
requirement of the Decree upon prior
authorization by the Secretary of Labor.
SEC. 8.
REPORT
OF
COMPLIANCE
Every covered employer shall
make a report of his compliance with the
Decree to the nearest regional labor
office not later than January 15 of each
year.
SEC. 9.
ADJUDICATION
OF
CLAIMS
Non-payment of the thirteenthmonth pay provided by the Decree and
these rules shall be treated as money
claims cases and shall be processed in
accordance with the Rules Implementing
the Labor Code of the Philippines and
the Rules of the National Labor Relations
Commission.
SEC. 10.
PROHIBITION AGAINST
REDUCTION OR ELIMINATION OF
BENEFITS
Nothing
herein
shall
be
construed to authorize any employer to
eliminate, or diminish in any way,
supplements, or other employee benefits
or favorable practice being enjoyed by
the employee at the time of
promulgation of this issuance.
PRIVATE SCHOOL TEACHERS
Private
school
teachers,
including faculty members of colleges
and universities, are entitled to 1/12 of
their annual basic pay regardless of the
number of months they teach or are paid
within a year.
OT PAY
Overtime pay, earnings and other
remunerations which are not part of the
basic salary shall not be included in the
computation of the 13-month pay.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
143
MEMORY AID
JURISDICTION
1. NLRC
Money Claims
The Labor Arbiters of the
National Labor Relations Commission
(NLRC) shall have the original and
exclusive jurisdiction to hear and
decide, the claims arising out of an
employer-employee relationship or by
virtue of any law or contract involving
Filipino workers for overseas deployment
including claims for actual, moral,
exemplary and other forms of damages.
LIABILITIES
The
liability
of
the
principal/employer
and
the
recruitment/placement agency for any
and all claims under this section shall be
joint and several. The performance bond
to
be
filed
by
the
recruitment/placement
agency,
as
provided by law, shall be answerable for
IN
LABOR LAW
and
and
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
144
Venue
It may be filed with the POEA
Adjudication Office or the DOLE/POEA
regional office of the place where the
complaint applied or was recruited at
the option of the complainant. The
office with which the complaint was first
filed shall take cognizance of the case.
Disciplinary action cases and other
special cases, as mentioned in the
preceding Section, shall be filed with
POEA Adjudication Office.
3. RTC
A criminal action arising from illegal
recruitment shall be filed with the RTC
of the province or city where the offense
was committed or where the offended
party actually resides at the time of the
commission of the offense. The court
where the criminal action is first filed
shall acquire jurisdiction to the exclusion
of other courts.
MANDATORY
PERIODS
FOR
RESOLUTION
OF
ILLEGAL
RECRUITMENT CASES
PRESCRIPTIVE PERIODS
PROHIBITED
ACTS
IN
THE
RECRUITMENT AND PLACEMENT OF
WORKERS UNDER THE LABOR CODE
ARE RETAINED UNDER THE MIGRANT
WORKERS ACT WITH THE ADDITION
OF THE FOLLOWING:
1.
2.
3.
4.
Repatriation fund
Loan Guaranty fund
Legal Assistance fund
Congressional Migrant Workers
Scholarship fund
1.
2.
3.
4.
5. RE-PLACEMENT
CENTER
It shall:
AND
MONITORING
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
145
MEMORY AID
1.
2.
3.
4.
5.
6.
7.
8.
CONSTITUTIONAL PROVISIONS:
1. Art. II, Sec. 9. Declaration of
Principles and State Policies;
2. Art. III, Sec. 9. Bill of Rights;
3. Art. X, Sec. 7.
Local
Government;
4. Art XII, Sec. 1 - 3. National
Economy and Patrimony;
5. Art. XIII, Sec. 4- 6 and 8 Social
Justice and Human Rights;
6. Art. XVIII, Sec. 22. Transitory
Provisions
OTHER LAWS PERTAINING TO
AGRARIAN REFORM:
Agricultural Tenancy Act of 1954
(R.A. 1199);
Land Reform Act (R.A. 1400)
An Act Creating the Court of
Agrarian Relations (R.A. 1267);
The Agricultural Land reform
Code (R.A. 3844)
Code of Agrarian Reforms (R.A.
6389);
Agrarian Reform Special Fund Act
(R.A. 6390);
P.D. No. 2 (Declaring entire
Philippines as land reform area);
P.D. No. 27 (Decreeing the
emancipation of tenants).
COVERAGE:
General:
Regardless
of
tenurial
arrangement and commodity produced,
all public and private agricultural lands
as provided in Proclamation No. 131
and Executive Order No. 229, including
other lands of the public domain
suitable for agriculture.
LABOR LAW
Specifically:
1. All alienable and disposable
lands of the public domain
devoted to or suitable for
agriculture;
2. All lands of the public domain in
excess to the specific limits as
determined by Congress;
3. All other lands owned by the
Government devoted to or
suitable for agriculture; and
4. All private lands devoted to or
suitable
for
agriculture
regardless of the agricultural
products raised or that can be
raised thereon. (Sec. 4 CARL)
COMPREHENSIVE AGRARIAN
REFORM LAW
(R.A. 6657)
IN
EXCLUDED:
Lands
actually,
directly,
and
exclusively used and found to be
necessary for the following purposes:
1. for parks, wildlife, forest
reserves, reforestation;
2. for
fish
sanctuaries
and
breeding grounds;
3. for watersheds and mangroves
4. for national defense;
5. for school sites and campuses,
including experimental farm
stations operated by public or
private schools for educational
purposes;
6. for seeds and seedlings research
and pilot production center;
7. for church sites and convents
appurtenant thereto;
8. for mosque sites and Islamic
centers appurtenant thereto;
9. for communal burial grounds
and cemeteries;
10. for penal colonies and penal
farms actually worked by the
inmates;
11. for government and private
research
and
quarantine
centers;
12. all lands with eighteen percent
(18%) slope and over, except
those already developed (Sec.
10, CARL).
13. Ancestral lands belonging to
indigenous cultural communities
until their boundaries and
extent are duly identified and
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
146
DEFINITION OF TERMS:
SHARE TENANCY
such as farm
implements, work
animals, cost of final
harrowing and
transplanting
The tenant and the
landholder are COMANAGERS OF FARM HOLDING
LEASEHOLD
TENANCY
Lessee pays the
landowner a fixed
rent for the use
and cultivation of
land
The tenant/lessee
always SHOULDERS
ALL ITEMS OF
PRODUCTION EXCEPT
LAND
The tenant or
lessee GETS THE
WHOLE PRODUCE with
mere obligation to
pay rental
SHARE
TENANCY
means
the
relationship which exists whenever two
persons agree on a joint undertaking for
agricultural production wherein one
party furnishes the land and the other
his labor, with either or both
contributing any one or several of the
items of production, the tenant
cultivating the land personally with the
aid or labor available from members of
his immediate farm household, and the
produce thereof to be divided between
the landholder and the tenant.
LEASEHOLD SYSTEM is characterized by
a tenant farmer personally and actually
cultivating the farmholding under a
leasehold relationship whereby the
lessee pays a fixed amount of rental
whether in cash or in kind to the lessor
(owner or legal possessor of the land
SHARE
TENANCY
TENANCY
vs
LEASEHOLD
ESTABLISHMENT
RELATIONSHIP
OF
LEASEHOLD
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
147
MEMORY AID
ESTABLISHMENT
OF
IMPLIED
LEASEHOLD RELATIONSHIP
Implied leasehold relationship is
established when the landholder:
1. does not object to the continued
cultivation of the land, or
2. tolerates
the
continued
cultivation thereof by the
agricultural worker, and/or
3. the landholder continues to
receive benefits from the
cultivation of the land (Sec. 5,
RA 3844).
(NOTE:
Under
PD
27,
landowners covered are entitled
to retain seven (7) hectares of
his landholding devoted to the
production of rice and corn)
2. Original homestead grantees or
direct compulsory heirs who still
own the original homestead at
the time of the approval of CARL
(June 15, 1988) shall retain the
same areas as long as they
continue to cultivate said
homestead (Sec. 6, CARL).
NOTE:
NOTE:
RETENTION LIMIT:
LABOR LAW
IN
QUALIFIED BENEFICIARIES:
a. landless residents of the same
barangay; or in the absence
thereof
b. landless residents of the same
municipality in the following
order of priority:
agricultural lessees and share
tenants;
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
148
QUALIFICATIONS OF A BENEFICIARY:
LANDLESS BENEFICIARY:
For purposes of this Act, a
landless beneficiary is one who owns
less than three (3) hectares of
agricultural land (Sec. 25, CARL).
As a landless beneficiary, he can
demand that the award ceiling of 3
hectares shall be completed which
may be taken from other available
private agricultural lands to be
acquired either by voluntary offer to
sell, voluntary land transfer or
compulsory modes under the CARL.
DISQUALIFICATIONS
a. Any
beneficiary
guilty
of
negligence or misuse of the land
or any support extended to him
shall forfeit his right to continue
as such beneficiary.
b. Beneficiaries under Presidential
Decree No. 27 who have culpably
sold, disposed of, or abandoned
their land are disqualified to
become beneficiaries under their
program (Sec. 22, CARL).
DISTRIBUTION CEILING:
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
149
MEMORY AID
CONDITIONS
FOR
SALE
OR
CONVEYANCE TO THIRD PERSONS
OF LAND RETAINED
LABOR LAW
b. The
tenants
or
lessees
preferential right to purchase
the same should be recognized.
In case the land is sold to third
persons
without
her/his
knowledge, she/he shall have a
right to redeem the land in the
manner prescribed by law.
IN
MODES
OF
ACQUIRING
PRIVATE
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
150
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
151
MEMORY AID
COMPENSATION:
value
actual
of
like
use
and
by
non-payment of taxes or
loans secured from any
government
financing
institution on the said land
(Sec.17, CARL)
the
the
IN
LABOR LAW
DETERMINATION
OF
JUST
COMPENSATION BY THE DAR FOR
LANDS ACQUIRED UNDER THE CARL
IS NOT AN USURPATION OF
JUDICIAL FUNCTION
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
152
time.
PAYMENTS TO THE
LANDOWNER
PAYMENTS BY THE
BENEFICIARY
1. Payments shall
be made to the
LBP in 30 annual
installments at 6%
interest
per
annum;
2. Payments for
the first 3 years
shall
be
at
reduced amounts
as
may
be
established by the
PARC;
3.Payments
corresponding to
the first 5 annual
amortizations may
2. SHARES OF STOCK in
government-owned
or
controlled
corporations,
LBP
preferred
shares,
physical assets or
other
qualified
investments
in
accordance
with
guidelines set by the
PARC;
not exceed 5% of
the value of the
annual
gross
production
as
established by the
DAR;
4.
Annual
payments
as
scheduled by the
LBP that exceeds
10% of the annual
gross production
after the fifth
year
of
amortizations,
may be entitled to
a reduction of the
interest
rate
provided in this
Act,
or
a
reduction of the
principal
obligation,
whichever
is
deemed beneficial
and
less
burdensome
to
the
beneficiary
and
affordable.
This is provided
that the failure to
produce is not
attributable to the
beneficiarys fault
like
drought,
typhoon,
fire,
flood or other
natural calamities
or
fortuitous
circumstances
Sec. 26, CARL).
MODES/SCHEMES OF PAYMENT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
153
MEMORY AID
LIMITATION:
transferred
or
the LBP, or
the government, or
RATIONALE
LIMITATION:
FOR
TEN
YEARS
SALE/CONVEYANCE TO A QUALIFIED
TRANSFEREE OF AN AWARDED LAND
NOT YET FULLY PAID
IN
LABOR LAW
RIGHT OF REPURCHASE
COMPOSITION
OF
Provincial
Agrarian
Reform
Coordinating
Committee or PARCCOM
A Provincial Agrarian
Reform
Coordinating Committee is hereby
created in each province, composed of:
a. Chairman,
who
shall
be
appointed by the President
upon the recommendation of
the EXCOM, the Provincial
Agrarian Reform Officer as
Executive Officer
b. One (1) representative each
from
the
Department
of
Agriculture, Department of
Environment
and
Natural
Resources and from the LBP;
c. One (1) representative each
from
existing
farmers'
organizations,
agricultural
cooperatives
and
nongovernmental organizations in
the province;
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
154
a.
FUNCTIONS OF PARCCOM:
b.
c.
d.
e.
f.
ADJUDICATION
DISPUTES
OF
AGRARIAN
MODES OF ADJUDICATION
1. ADMINISTRATIVE ADJUDICATION BY
DAR
REFORM
BARANGAY
AGRARIAN
COUNCIL (BARC)
g.
h.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
155
MEMORY AID
administer oaths;
f.
take testimony;
j.
IN
LABOR LAW
MODE OF
DECISION
APPEAL FROM
DARs
JURISDICTION OF
AGRARIAN COURTS
THE
SPECIAL
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
156
or
of
in
of
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
157
MEMORY AID
IN
LABOR LAW
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto