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25.

Is compromise agreement has the effect of res


judicata?
A compromise agreement is not appealable, and is immediately
executory unless a motion is filed to set aside the agreement on
the ground of fraud, mistake, or duress, in which case an appeal
may be taken against the order denying the motion. Under Article
2037 of the Civil Code, a compromise has upon the parties the
effect and authority of res judicata, even when effected without
judicial approval; and under the principle of res judicata, an issue
which had already been laid to rest by the parties themselves can
no longer be relitigated.
ART.
227 Compromise
Agreements.
Any
compromise settlement, including those involving labor
standard laws, voluntarily agreed upon by the parties
with the assistance of the Bureau or the regional office
of the Department of Labor, shall be final and binding
upon the parties. The National Labor Relations
Commission or any court shall not assume jurisdiction
over issues involved therein except in case of
noncompliance
thereof
or
if
there
is prima
facie evidence that the settlement was obtained through
fraud, misrepresentation, or coercion.

26.
Who are the workers with right to selforganization for purpose of collective bargaining?
It is the right of workers and employees to form, join or assist
unions, organizations or associations for purposes of
collective bargaining and negotiation and for mutual aid and
protection. It also refers to the right to engage in peaceful
concerted activities or to participate in policy and decisionmaking processes affecting their rights and benefits.

The following may join a labor organization:


a) all employees employed in commercial, industrial and
agricultural enterprises and in religious, charitable, medical
or educational institutions whether operating for profit or
not;
b) government employees in the civil service;
c) supervisory personnel;
d) security personnel; and,
e) aliens with valid working permit provided there are
nationals of a country which grants the same or similar
rights to Filipino workers as certified by the Department of
Foreign Affairs (DFA).
27.
Is attitude problem analogous to loss of trust and
confidence, hence, constitute as a valid ground for
termination?
it is a valid ground for termination, when the grounds cited
are the analogous causes for termination under Article 282(e), like
inefficiency, incompetence, ineptitude, poor performance and
others. It declared that in these cases, the NLRC or the courts
may opt to grant separation pay anchored on social justice in
consideration of the length of service of the employee, the
amount involved, whether the act is the first offense, the
performance of the employee and the like, using the guideposts
enunciated in PLDT on the propriety of the award of separation
pay.

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