Documente Academic
Documente Profesional
Documente Cultură
It is concerned with the stabilization of relations of employer and employees and seek to forestall and adjust
the differences between them by the encouragement of collective bargaining and the settlement of labor
disputes through conciliation, mediation and arbitration.
Q: How should DOUBTS in the implementation and interpretation of the Labor Code and its IRR be
RESOLVED? (Art. 4)
A: They should be resolved IN FAVOR OF LABOR.
Q: To WHOM shall ALL RIGHTS and BENEFITS under the Labor Code APPLY? (Art. 6)
A: All rights and benefits apply alike to ALL WORKERS, whether agricultural or non-agricultural, UNLESS
OTHERWISE PROVIDED
Q: Who is an AGRICULTURAL/FARM WORKER?
A: - one employed in an agricultural or farm enterprise
- performs tasks which are directly related to agricultural activities of the employer
- and any activities performed by a farmer as an incident to farming operations
BOOK ONE
PRE-EMPLOYMENT
RECRUITMENT AND
PLACEMENT OF WORKERS
Q: What is a LICENSE?
A: It is issued by DOLE authorizing a person or entity TO OPERATE a private EMPLOYMENT agency
Q: What is an AUTHORITY?
A: It is issued by DOLE authorizing a person or association TO OPERATE as private RECRUITMENT entity
Q: Who is a SEAMAN?
A: Any person employed in a VESSEL engaged in MARITIME NAVIGATION
Q: Who is an EMIGRANT?
A: Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or
resident permit or its equivalent in the country of destination
Note: An agreement that DIMINISHES the employee’s pay and benefits as contained in a POEA-approved
contract is VOID, unless such subsequent agreement is APPROVED by the POEA.
Q: What is the LIABILITY of the PRIVATE EMPLOYMENT AGENCY and the PRINCIPAL or FOREIGN-
BASED EMPLOYER?
A: They are JOINTLY and SOLIDARILY LIABLE for any violation of the recruitment agreement and the
contracts of employment.
JURISDICTION
Q: What is the Rule on Recruitment of TRAVEL AGENCIES and SALES AGENCIES of AIRLINE
COMPANIES? (Art. 26)
A: They are PROHIBITED from engaging in the business of recruitment and placement of workers for
overseas employment whether for profit or not.
Q: Who are ELIGIBLE to Participate in Recruitment/ Placement (Local/Overseas)? Art. 27, 28, 30, 31
A: Those who COMPLY with the following REQUIREMENTS:
- Citizenship:
a. Filipino citizens
b. corporations, partnerships or entities at least 75% of authorized and voting capital
stock are owned and controlled by Filipinos
- Substantial capitalization
- Payment of registration fees
- Posting of surety/cash bonds
Q: When can a person applying with a private fee-charging employment agency BE CHARGED ANY
FEE?
A: When the applicant:
- has obtained employment through its efforts/facilities, or
- has actually commenced employment.
Note: A landbased agency may charge and collect from its hired workers a PLACEMENT FEE in an amount
EQUIVALENT to 1 MONTH SALARY, exclusive of documentation costs.
Q: What are the REGULATORY POWERS of the Sec. of Labor and Employment (SLE)? (Art.36)
A: - Restrict and regulate the recruitment and placement activities of all agencies
- Issue orders and promulgate rules and regulations
PENALTIES
Illegal Recruitment as Life imprisonment +
economic sabotage fine of P500,000-P1M
Licensee/holder of 2-5 yrs imprisonment
authority violates or fine of P10,000-
provisions P50,000 or both
Non-licensee/non- 4-8 yrs imprisonment
holder of authority or fine of P20,000-
violates provisions P100,000 or both
Offender is a Penalty imposed
corporation, upon officer/s
partnership, responsible for
association, or entity violation
If officer is an alien,
he will be deported
without further
proceedings
In every case Automatic revocation
of license or authority
and all permits and
privileges
EMPLOYMENT OF
NON-RESIDENT ALIENS
BOOK TWO
HUMAN RESOURCES DEVELOPMENT PROGRAM
APPRENTICES
Q: What is APPRENTICESHIP?
A: It is practical training on the job supplemented by related THEORETICAL INSTRUCTION.
Note: Prior approval by TESDA (formerly DOLE) of the proposed apprenticeship program is a condition sine
qua non. Otherwise, apprentice becomes a regular employee. (Nitto Enterprises vs. NLRC [1995]).
NOTE: Apprentices are contractual workers whose length of service depends on the term provided for in the
apprenticeship agreement. Thus, the employer is not obliged to employ the apprentice after the
completion of his training.
NOTE: An apprenticeship agreement with a MINOR shall be signed in his behalf by his parent or guardian,
or if the latter is not available, by an authorized representative of the DOLE.
Note: There is no employer-employee relationship between students on one hand, and schools, where there
is written agreement between them under which the former agree to work for the latter in exchange for
the privilege to study free of charge.
d. poor physical conditions, permanent disability or prolonged illness which incapacitates the
apprentice
2. By the apprentice
d. personal problems which prevent employee from a satisfactory performance of his job
e. bad health or continuing illness
Q: Who may file a complaint for any Violation of the Apprenticeship Agreement?
A: Any interested person or upon its own initiative, the appropriate agency of the DOLE or its authorized
representative (Art. 65)
LEARNERS
Q: What is the STATUS of learners who have been allowed or suffered work during the first 2 months,
if training is terminated by the employer before the end of the stipulated period though no fault of the
learner? (Art. 75)
A: They are deemed REGULAR employees
Learnership Apprenticeship
Nature Training on the Training in trades
job in semi-skilled which are
and other apprentice-able,
industrial that is, practical
occupation or training on the job
trades which are supplemented by
non- related theoretical
apprenticeable instruction for
and which may more than 3
be learned thru months.
practical training
on the job in a
relatively short
period of time.
Duration Maximum: 3 Min: 3 months
of months
training Max: 6 months
Commit- With commitment No commitment
ment to to employ the to hire
employ learner as a
regular employee
if he desires upon
completion of
learnership
In case Considered a Worker not
of regular employee considered as
pretermi- if pretermination regular
nation of occurs after 2 employee.
contract months of
training and the
dismissal is
without fault of
the learner.
Cover- Semi- Highly technical
age skilled/Indus-trial industries and
occupations only in industrial
occupation
There is a list of No list
learnable trades
by TESDA
Written Requires Requires
agree- Learnership Apprentice-ship
ment Agreement Agreement
HANDICAPPED WORKERS
Note: Qualified disabled employees shall be subject to the same terms and conditions of employment and
the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-
bodied person.
Q: Does the mere fact that a worker has a disability, make him a handicapped worker?
A: No, because his disability may not impair his efficiency or the quality of his work. If despite his disability he
can still efficiently perform his work, he cannot be classified as handicapped; he would be considered a
qualified disabled worker entitled to the same treatment as qualified able-bodied workers. (Atty. Alcantara)
Handicapped Disabled
(Differently Abled)
Earning capacity is Refers to all suffering
impaired by age, or from restriction of
physical or mental different abilities as a
deficiency or injury result of mental,
physical or sensory
impairment to perform
an activity in the
manner or within
range considered
normal for a human
being.
Covers only workers Covers all activities or
endeavors.
Basis: Basis: range of
loss/impairment of activity which is
earning capacity normal for a human
being
Loss due to injury or Restriction due to
physical or mental impairment of
defect or AGE mental/physical/
sensory defect
If hired, entitled to If qualified, entitled to
75% of minimum all terms and
wage conditions as qualified
able-bodied person
Subject to definite Handicapped worker
periods of gets all terms &
employment conditions as qualified
able-bodied person
Employable only No restrictions on
when necessary to employment.
prevent curtailment of
employment Must get equal
opportunity opportunity and no
unfair competition
BOOK THREE
CONDITIONS OF EMPLOYMENT
Q: Who is an EMPLOYEE?
A: - One who works for an employer
- A person working for salary or wages
- Any person in the service of another under a contract for hire, express or implied, oral or written
Q: What is the ECONOMIC TEST, which is also considered in addition to the right of control test?
A: These are the existing economic conditions prevailing between the parties, like the inclusion of the
employee in the payrolls, in determining the existence of an employer-employee relationship. (Sevilla v. CA
[1988])
Q: The employment contract stipulates that there is NO employer-employee relationship between the
parties. Is that valid?
A: - The existence of an employer-employees relation is a question of law and being such, it cannot be made
the subject of agreement. (Tabas v. California Manufacturing Co. [1990])
- The employment status of a person is defined and prescribed by law and not by what the parties say it
should be. In determining the status of the management contract, the "four-fold test" on employment earlier
mentioned has to be applied. (Insular Life Assurance Co. Ltd. v. NLRC [1998])
Note: One’s employment, profession, trade or calling is a PROPERTY RIGHT and the wrongful interference
therewith is an actionable wrong.
Note: Taxi or jeepney DRIVERS under the “boundary” system are EMPLOYEES of the taxi or jeepney
OWNERS/OPERATORS; so also the passenger bus drivers and conductors. (Jardin vs. NLRC and
Goodman Taxi, February 23, 2000)
A: Those whose primary duty consists os the management of the establishment in which they are employed
or a department or subdivision thereof, and other officers or members of the managerial staff.
- Mere designation to a position with a high-sounding title does not make an employee a managerial
employee where the exercise of the independent judgment is not present. (Sierra vs. NLRC)
- Managerial employees as defined in Art. 82 should be distinguished from Art. 212 (m). Art. 82 covers
managerial employees and supervisory employees as part of the managerial staff. (Nasurefco vs. NLRC)
Q: Who are officers or members of the MANAGERIAL STAFF?
A: Those who perform the following:
- Primary duty: performance of work directly related to management policies of the employer;
- Do not devote more than 20% of their hours worked to activities which are not directly and closely
related to the performance of the work described above.
Q: Who are DOMESTIC HELPERS and persons in the PERSONAL SERVICE of another?
A: - Those who perform services in the employer’s home
(i) which are usually necessary or
(ii) desirable for the maintenance or enjoyment thereof; OR
Q: A house personnel was hired by a ranking company official to maintain a staff house provided for
the official. The personnel was paid by the company itself. Is the house personnel a domestic servant
of the company official?
A: NO, the personnel is not a domestic helpers but a REGULAR EMPLOYEE of the company. (Cadiz vs.
Philippine Sinter)
(iii) Rank-and-File employee: all employees not falling within any of the above definitions.
Q: Is an employer obliged to pay an employee, who rendered less than 8 hours of work, the wages
due for 8 hours-work?
A: No, following the principle of “a fair day’s wage for a fair day’s labor”
XPN: If by voluntary practice or policy, the employer, for a considerable period of time, has been paying
his employees wages due for 8 hours although their work shift is less than 8 hours.
Note: 40-hour work week does NOT apply if there is a training agreement between the resident physician
and the hospital and the training program is duly accredited or approved by appropriate government
agency. (Azucena)
Note: Art. 83(2) does NOT require hospital to pay the employees a full weekly salary with paid 2 days off.
(San Juan de Dios Employees Assoc.-AFW et al. vs. NLRC)
Note: Rest periods of short duration during working hours shall be counted as hours worked.
(ii) Rest period is EXCLUDED from hours worked, even if employee does not leave his workplace, it being
enough that:
- he stops working,
- may rest completely and
- may leave his workplace, to go elsewhere, whether within or outside the premises of the workplace;
(iii) All time spent for work are considered hours work
- If the work performed was necessary
- If it benefited the employer
- Or the employee could not abandon his work at the end of his normal working hours because he had
no replacement
Provided, the work was with the knowledge of his employer or immediate supervisor
(iv)The time during which an employee is inactive by reasons of interruptions in his work beyond his
control shall be considered working time
- either if the imminence of the resumption of the work requires the employee’s presence at the place
of work or
- if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.
Q: When are Lectures, Meetings and Training Programs considered WORKING TIME?
A: Shall NOT BE COUNTED as working time if ALL of the following conditions are met:
(i) Attendance is OUTSIDE of the employer’s regular working hours;
(ii) Attendance is in fact VOLUNTARY; and
(iii) The employee DOES NOT PERFORM any productive work during such attendance.
Q: Are REGULAR FULL-TIME teachers entitled to salary and COLA during SEMESTRAL BREAKS?
A: Yes. (University of Pangasinan Faculty Union vs. University of Pangasinan)
Art. 85
MEAL PERIODS
Q: When may the Meal Period BE SHORTENED to NOT LESS than 20 minutes?
A: (i) At the instance of EMPLOYER: (still COMPENSABLE)
- work is Non-manual in nature or does not involve strenuous physical exertion;
(ii) At the instance of EMPLOYEE: Employee requested for the shorter meal time so that he can leave
work earlier than the previously established schedule, then such shortened meal period is NOT
COMPENSABLE.
XPN: Shortened meal period upon request of employee is STILL COMPENSABLE provided:
- employees voluntarily agree in writing and are willing to waive overtime pay for the shortened meal
period;
- no diminution in the salary and other fringe benefits of the employees which are existing before the
effectivity of the shortened meal period;
- work of the employees does not involve strenuous physical exertion and they are provided with
adequate coffee breaks in the morning and afternoon;
- value of the benefits derived by the employees from the proposed work arrangements is equal to or
commensurate with the compensation due them for the shortened meal period as well as the overtime
pay for 30 minutes as determined by the employees concerned;
- overtime pay will become due and demandable after the new time schedule
Note: When the employee’s shift falls at nighttime, the receipt for overtime pay SHALL NOT preclude the
right to receive NSD.
COMPUTATION:
7pm-10pm 3hrs x P100 P300
10pm-3am 5hrs x P100 500
NSD Pay 5hrs x P 10 50
------------
Total wage earned for the day P850
e.g.
(25% x P100)+100 = P125
x no.of OT hours (5pm-12mn)x 7hrs --------
P875
Step 4: compute NSD
- (10% of OT wage per hour x no. of hours of work performed between 10pm-6am)
COMPUTATION:
8am-5pm 8hrs x P100.00 P800
5pm-12mn 7hrs x P125.00 875
NSD Pay 2hrs x P 12.50 24
------------
Total wage earned P1699
But additional
compensation for
work rendered in
excess of 8 hours
during these days is
also considered
overtime pay.
PAY RATES
Overtime during a Additional
regular working compensation of 25%
day of the regular wage
Overtime during a Rate of the first 8
holiday or rest hours worked on
plus at least 30%
of the regular
wage (RW):
30% of 130% of RW if
done on a special
holiday OR rest day
30% of 150% of RW
done on a special
holiday AND rest day.
30% of 200% of RW if
done on a regular
holiday.
ILLUSTRATION :
REGULAR WORKDAYS
Regular basic wage + 25% of regular basic wage
Daily Wage : P 800
Work Schedule: 8:00am – 5:00 pm
(inclusive of 1 hour
meal break)
OT 5:00pm – 10:00 pm
Step 2: compute wage between 8:00pm -5:00 pm using holiday wage rate
e.g. 8hrs x P200 = P1600
Rest day & special holiday wage rate + 30% of rest day & special holiday wage rate (150%)
Step 2: compute wage between 8:00am -5:00 pm using special holiday wage rate
e.g. 8hrs x P150 = P1200
Step 3: compute OT Premium Pay between 5:00 pm– 10pm
- [(30% x HWage per hour) + HWage per hour] x no. of OT hours
e.g. (30 % x P150)+150 = P 195
x no. of OT hours (5pm-10pm)= 5hrs
------------
P 975
COMPUTATION:
8am-5pm 8hrs x P150.00 P 1200
5pm-10pm 5hrs x P195.00 975
------------
Total Take Home Pay P2,175
DOUBLE HOLIDAY
Double holiday wage rate + 30% of Double holiday wage rate (300%)
Daily Wage : P 800
Work Schedule: 8:00am – 5:00 pm
(inclusive of 1 hour
meal break)
OT : April 9
(Araw ng Kagitingan
& at the same time
Good Friday)
5:00pm – 10:00 pm
Step 2: compute wage between 8:00am -5:00 pm using special holiday wage rate
e.g. 8 hrs x P300 = P2400
COMPUTATION:
8am-5pm 8hrs x P300.00 P 2400
5pm-10pm 5hrs x P390.00 1950
------------
Total Take Home Pay P4,350
Note: Undertime work in any particular day shall NOT be offset by overtime work on ANOTHER day and on
the SAME day (Art.88)
Q: In lieu of overtime pay, the employee was given permission to go on leave on some other day, is
that valid?
A: No. Permission given to the employee to go on leave on some other day of the week shall NOT exempt
the employer from paying the additional compensation required.
Rationale: It would prejudice the employee, for he will be deprived of the additional pay for the overtime
work he has rendered and which is utilized to offset the undertime he may have incurred. Undertime could
be charged against the employee’s accrued leave.
(iii) Urgent work to be performed on machines and installations in order to avoid serious loss or damage
to the employer or some other cause of similar nature.
(v) Completion or continuation of the work started before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business operations of the employer.
Q: The employment contract requires work for more than 8 hours a day with a fixed wage inclusive of
overtime pay. Is that valid?
A: It depends.
- When the contract of employment requires work for more than 8 hours at specific wages per day,
without providing for a fixed hourly rate or that the daily wages include overtime pay, said wages cannot be
considered as including overtime compensation. (Manila Terminal vs. CIR)
- However, the employment contract may provide for a “built-in” overtime pay. Because of this, non-
payment of overtime pay by the employer is valid. (Engineering Equipment vs. Minister of Labor)
Q: What is the BASIS of computing the overtime pay and additional remuneration? (Art.90)
A: REGULAR WAGE: includes the cash wage only, WITHOUT deduction on account of facilities provided by
the employer
(ii) Nature of work requires continuous operations and stoppage of the work may result in irreparable
injury or loss to the employer; and
(iii) Abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be
expected to resort to other measures;
(iv) actual or impending Emergency (serious accident, fire, flood, typhoon, earthquake, etc)
Q: May an employee VOLUNTEER to work on his rest day under OTHER CIRCUMSTANCES?
A: Yes, provided he shall express such desire in writing, subject to additional compensation.
INSTANCE RATES OF
ADDITIONAL
COMPENSATION
work on a scheduled 30% of regular wage
rest day (regular wage plus
30% of it)
no regular workdays 30% of his regular
and rest days wage for the work
performed on
Sundays and
holidays
work performed on 30% of the regular
any special holiday wage
The holiday work 50% of his regular
falls on the wage
employee’s
scheduled rest day
Note: This article does not prohibit a stipulation in the CBA for higher benefits.
Scheduled rest day which is a regular holiday: entitled to additional compensation of at least 30% of his
regular holiday rate of 200% based on his regular wage rate. –CONFUSING (Grace)
1. Government and any of its political subdivisions, including GOCCs (with original charter)
2. Retail and service establishments regularly employing less than 10 workers
3. Managerial employees and other member of the managerial staff
4. Domestic helpers and persons in the Personal service of another
5. Employees Engaged on task or contract basis or purely commission basis
6. Field personnel and other employees whose time and performance are unsupervised by the
employer
7. Employees paid Fixed amount for performing work irrespective of the time consumed in the
performance thereof
8. Members of the Family of the employer who are dependent on him for support
Q: Are Hourly Paid Faculty Members included within the coverage of employees entitled to holiday
pay?
A: No, They are not entitled.
On the other hand, the following are considered the nationwide special holidays:
Q: What is the difference between monthly paid and daily paid employees?
A: The difference between the two is the following:
Q: Are monthly paid employees excluded from the benefits of holiday pay?
A: They are NOT excluded from the benefits of holiday pay. (Mantrade vs. Bacungan)
1. 200% of the basic wage: that the employee was PRESENT ON THE DAY IMMEDIATELY
PRECEDING the holiday or was on leave with pay
2. 300% of the basic wage: if the employee WORKED ON 2 REGULAR HOLIDAYS falling on the
same day provided that he worked or was on leave with pay or was on authorized absence on the
day prior to the regular holiday
3. If there are 2 succeeding regular holidays: the employee must be PRESENT ON THE DAY
IMMEDIATELY PRECEDING THE FIRST REGULAR HOLIDAY entitled to compensation to both;
otherwise, he must work on the first holiday to be entitled to holiday pay on the 2nd regular holiday
Q: Are teachers of private schools on contract basis entitled to service incentive leave?
A: Yes, they are entitled to service incentive leave. (Cebu Institute of Technology vs. Ople)
Q: Is SIL commutable to its monetary equivalent if not used or exhausted at the end of the year?
A: Yes. Cash equivalent is aimed primarily at encouraging workers to work continuously and with dedication
to the company.
A: It shall be distributed and paid to the employees not less than once every 2 weeks or twice a month
intervals not exceeding 16 days.
WAGES
Q: What is a wage?
A: It is the remuneration or earnings, whatever designated,
capable of being expressed in terms of money, whether WAGE SALARY
fixed or ascertained on a time, task, piece, or commission Compensation for Denotes higher
basis, or other method of calculating the same, payable by manual labor degree of
an employer to an employee under a written or unwritten employment
contract of employment: Not subject to Subject to execution
execution except for (Gaa vs.CA)
1. for work done or to be done, or for debts incurred for
services rendered or to be rendered; and food, shelter,
clothing and
medical attendance
2. fair and reasonable value of board,
lodging, or other facilities customarily furnished by the employer to the employee as
determined by SLE.
[“Fair and reasonable value” shall not include any profit to the employer or to any person affiliated with
the employer.]
• Salaries/wages of judgment obligor within 4 months preceding levy as are necessary for the support
of the family are EXEMPT from execution. (S13(j), Rule 39, Rules of Court)
Q: What does a fair day’s wage for a fair day’s labor mean?
A: 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,
2. household or domestic helpers, including family drivers and persons working in the personal
service of another
FACILITIES SUPPLEMENT
Items of expenses Extra remuneration or
necessary for the special privilege or
laborer’s and his benefit given to or
family’s existence and received by the
subsistence laborers over and
above their ordinary
(NOTE: does NOT earnings. (State
include tools of trade or Marine Corp. and
articles/ services Royal Line, Inc. v.
primarily for the benefit Cebu Seaman’s
of the employer or Assoc., Inc.)
necessary to the
conduct of the
employer’s business.)
Forms part of the wage Independent of Wage
Deductible from wage Not wage deductible
for the benefit of the granted for the
worker and his family convenience of the
employer
• The criterion in determining whether an item is a supplement or facility is not so much with the kind
of benefit or item given, but its PURPOSE. (State Marine vs. Cebu Seamen’s Association)
Art. 99
REGIONAL MINIMUM WAGES
Q: What is the duty of Regional Tripartite Wages and Productivity Board (RTWPB)?
A: Prescribe the minimum wage rates for agricultural and non-agricultural employees and workers in each
and every region of the country.
A:
1. provide rock-bottom which the rate must not fall (protecting laborer from sweatshop operators);
2. gives protection to enlightened employer who without legal compulsion voluntarily pays a decent
wage against competition of employer who pays employee inadequate wages and thus operate
lower cost and sell products at lower price. (Atty. Alcantara)
Q: Can an employer be exempt from his liability to pay minimum wages because of poor financial
condition of the company?
A: NO, the payment of minimum wage not being dependent on the employer’s ability to pay. Payment of
wage is a mandatory statutory obligation. (De Racho vs. Mun. of Ilagan)
Art. 100
PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS
Q: What are the tests in ascertaining existence of binding and enforceable company practice?
Answer: The act of the employer
1) have been done for a long period of time;
2) have been done consistently and intentionally;
3) should not have been a product of erroneous interpretation or construction of a doubtful or
difficult question on law.
XPNS:
Given for a long period of time
1)Consistent and deliberate – employer continued giving benefit without any condition imposed for
its payment
2)Employer knew he was not required to give benefit
3)Nature of benefit is not dependent on profit
4)Made part of the wage or compensation agreed and stated in the employment contract.
Difference of opinion on how to compute the 13th month pay does NOT justify a strike.
• Rank-and-File employees
- regardless of their designation or employment status and
- irrespective of the method which their wages are paid,
- who worked for at least 1 month during the calendar year.
ENTITLED EXEMPTED
Question: What is covered by basic salary? EMPLOYERS
Answer: All remunerations or earnings paid by its 1. All rank-and- 1. Government
employer for services rendered. file employees
who have 2. Employers of
Question: What are the exclusions to the basic worked at least 1 Household
salary? month Helpers
Answer: Allowances and monetary benefits which are
NOT considered integrated as part of the regular or basic 2. Those with 3. Those
salary SUCH AS vacation and sick leave credits, overtime, Multiple already paying
premium, night differential, holiday pay and COLA . employers
4. Employers
Qualification: They are treated as part of the 3. Paid by paid purely on
basic salary if provided by reasons of individual or result commission,
collective bargaining or company practice or fixed, boundary
policy. 4. Private or task basis
School Teachers
Art. 101
PAYMENT BY RESULTS 5. Resigned or
Separated
Question: What are the two categories of piece-rate employees
workers? (proportional)
Answer:
1. those who are paid rates as prescribed in Piece Rate Orders by the DOLE
2. those who are paid output rates which are prescribed by the employer and are not yet approved by
the DOLE.
Question: What is the difference between piece rate employee from task work employee?
Answer:
PIECE RATE TASK WORK
Stress is placed on Emphasis on the task
Question: What are the benefits payable to piece-rate
the unit of work itself
workers?
produced, or the
quantity thereof.
Answer:
Uniform amount is Payment is not
paid per unit reckoned in terms of
1.Holiday pay
accomplished numbers of unit
2.Applicable statutory minimum daily rate
produced, but in
3.Night shift differential pay
terms of completion
4.Service incentive leave of five days with pay
of work.
5.Meal and rest periods
6.Premium pay (conditional)
7.Overtime pay (conditional)
8.Thirteenth Month Pay
9.Other benefits granted by law, individual or collective bargaining agreements or company policy
or practice.
PAYMENT OF WAGES
Answer:
XPN: Payment of wages by bank checks, postal checks or money orders is allowed where such
manner of wage payment is:
b. the employer or any of its agents or representatives does not receive any pecuniary benefit
directly or indirectly from the arrangement.
c. the employees are given reasonable time during banking hours to withdraw their wages from
the bank which time shall be considered as compensable hours worked IF done during
working hours.
• The use of tokens, promissory notes, vouchers, coupons, or any other form alleged to represent
legal tender is ABSOLUTELY PROHIBITED even when expressly requested by the employee.
TIME OF PAYMENT
Question: How will wages by results involving work which cannot be completed in 2 weeks be paid?
Answer:
1. Payment is made at intervals not exceeding 16 days, in proportion to the amount of work completed.
Art. 104
PLACE OF PAYMENT
Answer:
b. by reason of actual or impending emergencies covered by fire, flood, epidemic, or other calamity
2. when the employer provides free transport to the employer back and forth;
3. any analogous circumstances provided that the time spent by the employer is collecting their wage
shall be considered a compensable hours worked.
• No employer shall pay his employees in any bar, night or day club, drinking establishment, massage
clinic, dance hall, or other similar places or in place where games are played with stakes of money or
things representing money EXCEPT in case of persons employed in said places.
3. Establishment must be located within 1km radius to the bank. (Section 7, R.A. 6727)
XPNS:
1. Force majeure rendering such payment impossible or under other special circumstances in which the
worker may be paid:
a. Through another person under written authorization, or
b. Upon authorization to a member of his family;
2. In case of death of the employee, in which case it will be paid directly to the worker’s heirs.
Answer:
1. refers to an arrangement
2. whereby a principal agrees to put out or farm out with a contractor or subcontractor
3. the performance or completion of a specific job, work or service
4. within a definite or predetermined period
5.regardless of whether such job, work or service to be performed or completed within outside
the premises of the principal. (D.O. 18-02)
b. even if such person has substantial assets, the same are not actually or directly used by the
employees contracted out;
2.the workers recruited and placed by such person are performing activities which are directly
related to the principal business of such employer.
• The law does NOT require BOTH substantial capital and investment in the form of tools,
equipments, machineries, etc. this is clear from the use of conjunction “or”. If the contention was to
require the contractor to prove that he has both capital and requisite investment, then the conjunction
“and” should have been used. (Virginia Neri vs. NLRC, GR No. 97008-09, July 23, 1993)
Answer:
1.The labor contractor must be duly LICENSED by the appropriate Regional Office of the DOLE
2.There should be a WRITTEN CONTRACT between the labor contractor and his client-
employer that will assure the employees at least the minimum labor standards and benefits
provided by existing laws.
• The employees of the contractor or subcontractor shall be paid in accordance with the provisions of
the Labor Code. (Art. 106)
Question: What is the liability of the employer entering contract with a contractor or subcontractor?
Answer: Joint and several liability with his contractor or subcontractor to such employees to the extent of the
work performed under the contract.
Question: What is the difference between job contracting and labor-only contracting?
Answer:
The contract has substantial capital or investment Has no substantial capital or investment
1. Non-submission of contracts between the principal and the contractor or subcontractor when
required to do so;
3. Findings through arbitration that the contractor or subcontractor has engaged in labor-only
contracting and other prohibited activities;
4. Non-compliance with labor standards and working conditions. (Section 16, D.O. 18-02)
Indirect Employer
The provisions of Art 106 shall likewise apply to ANY person, partnership, association or corporation which,
NOT being an employer, contracts with an independent contractor for the performance of any work, task, job
or project. (Art. 107)
• The employer or indirect employer may require the contractor or subcontractor to furnish a bond to
the cost of labor under contract conditioned to answer for the wages due the employees should the latter
fail to pay the same. (Art. 108)
• Every employer or indirect employer shall be held responsible with his contractor or subcontractor
for any violation of the provisions of the Labor Code.
• For purposes of determining their civil liability, every employer or indirect employer shall be
considered as direct employers. (Art. 109)
• Where however the law provides for the subsidiary liability of the principal for unpaid wages as in
RA 6640, the same should be given its literal meaning and applied without interpretation. The term
“subsidiarily liable” as used in RA 6640 means “secondarily liable.”
Secondary liability is a personal liability which attaches when the remedy against one primarily liable has
been exhausted and which may be satisfied from all assets of one secondarily liable. (Enjay, Inc. vs.
NLRC, GR No. 110240, July 4, 1995.)
• Under SSS Law (RA 8282), the principal is also made subsidiarily answerable for the liabilities of its
job contractor.
Answer: His workers shall enjoy first preference as regards their wages and monetary claims, any provision
of the law to the contrary notwithstanding.
IMPORTANT! Such unpaid wages and monetary claims shall be paid in FULL before the claims of the
government and other creditors may be paid. (Art. 110)
Answer:
1. Declaration of bankruptcy or judicial liquidation before enforcement of the worker’s preferential right
2. The right does not constitute a lien to the property of the insolvent debtor in favor of workers (DBP
vs. NLRC, GR No. 8276384, march 19, 1990 and GR No. 97175, March 18, 1993)
3. The preference in favor of the employees applies to discharge of funds. The preference does not
only cover unpaid wages, it also extends to termination pay and other monetary claims.
Termination pay, after all, is considered as additional remuneration for services rendered to the
employer for a certain period of time; it is computed on the basis of length of service.(PNB vs. Crux,
GR No. 80593, December 2, 1989)
Question: What are the limitations to the assessment of attorney’s lien against the culpable party
(Art. 111)?
Answer:
2. It shall be unlawful for any person to demand or accept, in any judicial or administrative proceedings
for the recovery of wages, attorney’s fees that exceed 10% of the amount of wages recovered.
• The prohibition for attorney’s lien refers to proceedings for recovery of wages and not to services
rendered in connection with CBA negotiations.
In the latter case, the amount of attorney’s fees may be agreed upon by the parties and the same is to be
charged against union funds as provided for in Art. 222 of the Labor Code. (Pacific Banking Corporation vs.
Clave GR No. L-56965, March 7, 1984)
Question: What does the non-Interference in the disposal of wages (Art. 112) means?
Answer:
1. Limit or otherwise interfere with the freedom of any employee to dispose of his wages;
2. Force, compel, or oblige his employees to purchase merchandise, commodities or other property
from any person, or otherwise make use of any store, or service of such employer or any other
person.
WAGE DEDUCTIONS
2. Union dues in cases where the right of the worker or his union to check off has been recognized
by the employer or authorized in writing by the individual worker concerned (Art. 113). Paragraph
(o) Article 241 provides that special assessments may be validly checked-off provided that there is
an individual written authorization duly signed by every employee.
5. Deductions under Art. 114 for loss or damage to tools, materials or equipments
6.Deductions made with the written authorization of the employee for payment to a third person, as
authorized under Sec 13, Rule VIII, Book III of the IRR
7.Deductions as disciplinary measures for habitual tardiness (Opinion dated March 10, 1975 of the
SLE)
10. In case where the employee is indebted to the employer where such indebtedness has become
due and demandable. (Art. 1706, Civil Code)
11. In court awards, wages may be subject of execution or attachment, but only for debts incurred
for food, shelter, clothing, and medical attendance. (Art. 1703, Civil Code)
12. Salary deduction of a member of a legally established cooperative (RA 6938, Art. 59)
• Union Dues: employee’s check-off authorization, even if declared irrevocable, is good only as long
as the employee remains a member in good standing of the union concerned
GR: No employer shall require his worker to make deposits from which deductions shall be made for
the reimbursement of loss or damage to tools, materials, or equipment supplied by the employer.
(Art. 114)
XPNS:
1. The employer is engaged in trades, occupations or business where the practice of making
deductions or requiring deposits is a recognized one.
1. The employee concerned is clearly shown to be responsible for the loss or damage;
2. The employee is given reasonable opportunity to show cause why deduction should not be made;
3. The amount of such deduction is fair and reasonable and shall not exceed the actual loss or
damage;
4. The deduction from the wages of the employee does not exceed 20% of the employee’s wage in a
week.
Arts. 116-119
3. Refusal of an employer
a. to pay or reduce the wages and benefits,
b. discharge or in any manner discriminate against any employee
c. who has filed any complaint or instituted any proceeding under this title or
d. has testified or is about to testify in such proceedings. (Art. 118)
4. For any person to make any statement, report or record filed or kept pursuant to the provisions
of the Labor Code
- knowing such statement, report or record to be false in any material aspect. (Art. 119)
Frequency: a wage order issued by the Board may NOT BE DISTURBED for a period of 12 months from its
effectivity and no petition for wage increase shall be entertained during said period, unless Congress itself
issue a law increasing the wages.
Answer:
2. The commission will decide within 60 calendar days from the filing of the aggrieved party
3. Grounds:
a. Non-conformity with prescribed guidelines and/or procedure
b. Questions of law
c. Grave abuse of discretion
Art. 124
• Wage Order can not prevent workers in particular firms or enterprises or industries from bargaining
for higher wages with their respective employers. (Art. 125)
• No preliminary or permanent injunction or temporary restraining order may be issued by any court,
tribunal or entity against any proceedings before the Commission or the Regional Boards. (Art. 126)
• No wage order issued by any Regional Board shall provide for wage rates lower than the statutory
minimum wage rates prescribed by Congress. (Art. 127)
1) access to employer’s records and premises at any time of the day or night, whenever work is
being undertaken therein
2) to copy from said records
3) question any employee and investigate any fact, condition or matter which may be necessary
to determine violations or which may aid in the enforcement of the Labor Code and of any
labor law, wage order, or rules and regulation issued pursuant thereto.
2)Issue writs of execution for the enforcement of their orders, EXCEPT in cases where the
employer contests the findings of the labor officer and raise issues supported by documentary
proof which were not considered in the course of inspection
3)Order stoppage of work or suspension of operation when non-compliance with the law or
implementing rules and regulations poses grave and imminent danger to health and safety of
workers in the workplace;
4)Require employers to keep and maintain such employment records as may be necessary in
aid to the visitorial and enforcement powers.
Answer:
1.Obstruct, impede, delay or otherwise render ineffective the orders of the SLE or his authorized
representatives
2.Any government employee found guilty of, or abuse of authority, shall be subject to administrative
investigation and summary dismissal from service.
Answer: In relation to enforcement orders issued under Art. 128, no inferior court or entity
No jurisdiction- Jurisdictional 1) All other claims arising 3. Claimant does not seek
al requirements requirements: from employer-employee reinstatement
relations
1) Complaint 4. Aggregate amount of the money
arises from 2) including those of
employer- persons in domestic or
claim does not exceed P5,000 inclusive
employee household service of legal interest
relationship
3) involving an amount • Resolved within 30 calendar days
2) Claimant is an exceeding P5,000 from the date of filing.
employee or
person employed 4) whether or not
in domestic or accompanied with a WORKING CONDITIONS FOR SPECIAL
household claim for reinstatement
GROUPS OF EMPLOYEES
service or a
househelper
EMPLOYMENT OF WOMEN
3) Complaint
does NOT Art. 130
include a claim
for reinstatement Question: Can a woman be permitted to
work with or without compensation?
4) Aggregate Answer:
money claim of
EACH claimant
does not exceed
P5,000
Order is Order is Appealable to NLRC
appealable to appealable to
SLE NLRC
GR: NO WOMAN regardless of age shall be employed or permitted to work, with or without
compensation:
1. In any industrial undertaking or branch thereof between 10pm and 6am the following day.
2. In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between
midnight and 6am of the following day
3. In any agricultural undertaking at nighttime unless she is given period of rest not less than 9
consecutive hours.
2. urgent work
a. to be performed on machineries, equipment or installations,
b. to avoid serious loss which the employer would otherwise suffer
4. woman employee
a. holds a responsible position of managerial or technical nature, or
b. has been engaged to provide health and welfare services
• The operation of CALL CONTRACT CENTER which provides offshore case solutions to US based
clients who phone in to conduct product inquiries and technical support, operating for 24/7, has
been exempted from the prohibition considering the inevitable time difference between the US and
the Philippines and the peak time for its operation is between 8:00 pm to 10:00 am Manila time,
thereby making it necessary for eighty (80%) of its employees, including women, to work during
graveyard shift. (BWC-WHSD Opinion No. 491, s 2003).
Art. 132
1. period of time
2. which may be availed of by a woman employee,
3. married or unmarried,
4. to undergo and recuperate from child birth, miscarriage or complete abortion
5. during which she is permitted to retain her rights and benefits flowing from her employment. (Art.
133) (SEE SSS LAW)
3. conditions:
a. spouse has delivered a child or
b.suffered a miscarriage
4. purpose: enabling male employee to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born child
5.requires notification of employer of the pregnancy of his legitimate spouse and the expected
delivery date
6.employee is entitled 7 days with full pay for the first 4 deliveries of the legitimate spouse with
whom he is cohabiting
Art. 134
Answer: He is required to provide clinic or infirmary in order to provide free family planning services
to their employees which shall include but not limited to the application or use of contraceptives or
intra-uterine devices.
• The rule applies only to all private establishments which habitually employ 200 or more employees
at any given period within a year.
2. Stipulating,
a. whether as a condition for employment or continuation of employment,
b. that a woman employee shall not get married,
c. or that upon marriage, such woman employee shall be deemed resigned or separated. (Art.
136)
3. Dismissing, discriminating or otherwise prejudice a woman employee by reason of her being married
(Art. 136)
5. Discharge any woman for the purpose of preventing her from enjoying any of the benefits provided
by law (Art. 137)
6. Discharging such woman on account of her pregnancy, or while on leave or in confinement due to
her pregnancy (Art. 137)
7. Discharging or refusing the admission of such woman upon returning to her work for fear that she
may again be pregnant (Art. 137)
• Philippine AIDS Prevention and Control Act of 1998 (RA 8504): discrimination in any form from pre
employment to post employment, including hiring, promotion or assignment, based on the actual,
perceived or suspected HIV status of an individual is UNLAWFUL.
Art. 138
EMPLOYMENT OF MINORS
2. No employer shall discriminate against any person in respect to terms and conditions of employment
on account of his age.
1. The child works directly under the sole responsibility of his parents, or guardians who employ
members of his family, subject to the following conditions:
a. employment does not endanger the child’s safety, health and morals
b. employment does not impair the child’s normal development
c. employer-parent or legal guardian provides the child with the primary and/or
secondary education prescribed by the DEPED
Pertinent provisions of the Child and Youth Welfare Code (PD 603)
Art. 107: Children below 16 years of age may be employed to perform light work which is not harmful to their
safety, health or normal development and which is not prejudicial to their studies.
Art. 108: The employer shall submit to DOLE a report of all children employed by him.
Art. 109: Every employer in any commercial, industrial or agricultural establishment or enterprise shall keep:
1. A register of all children employed by him, indicating dates of their birth
2. A separate file for the written consent to their employment given by their parents
3. A separate file for their educational and medical certificates
4. A separate file for special work permits issued by the SLE in accordance with existing laws.
Art. 110: if a domestic is under 16 years of age, the head of the family shall give him an opportunity to
complete at least elementary education as required under Art. 71.
EMPLOYMENT OF HOUSEHELPERS
• The children and relatives of a househelper who live under the employer’s roof and who share the
accommodations provided for the househelpers by the employer shall NOT be deemed as househelpers
if they are NOT otherwise engaged as such and are not required to perform any substantial household
work. (Sec 3, Rule XII, Book III, IRR)
1. Original contract of domestic service shall not last for more than 2 years but it may be renewed by
the parties. (Art. 142)
2. Entitled to minimum wage in addition to lodging, food, and medical attendance. (Art. 144)
3. Employment contract should be reviewed every 3 years with the end view of improving the terms and
conditions of employment. (Art. 143)
4. SSS benefits for those who are receiving at least P1,000 (Art. 143)
6. Employees under 18 years of age shall be given opportunity for at least elementary education. The
cost of education shall be part of the household’s compensation, unless otherwise stipulated. (Art
146)
A: The interaction between an 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.
A: It is concerned with the stabilization of relations of employer and employees and seeks to forestall
and adjust differences between them by the encouragement of collective bargaining (CB) and the
settlement of labor disputes thru conciliation, mediation and arbitration.
A: The process of negotiation between an employer and employee’s organization or union to reach
agreement on the terms and conditions of employment for a specified period.
A: If the employer-employee relationship is absent, there would be no basis for collective bargaining
since there is no labor relation to speak of.
Q: WHAT IS ARBITRATION?
A: The submission for determination of disputed matter to private unofficial persons selected in the
manner provided by law or agreement. It may be compulsory (enforced by statutory provision) or
voluntary (agreement).
Q: WHAT IS MEDIATION?
A: It is the act of a third person that interferes between two contending parties with a view to reconcile
them or persuade them to adjust or settle their dispute.
A: UNDER, Section 3, Article XIII of the 1987 Constitution, it guarantees to all workers:
1. Right to self-organization,
2. Collective bargaining and negotiations,
3. Peaceful and concerted activities
- Including the right to strike in accordance with law and
4. To participate in policy and decision-making processes affecting their rights and benefits as may be
provided for by law.
Q: WHAT ARE THE STATE POLICIES ON LABOR RELATIONS AS PROVIDED UNDER ART. 211 OF
THE LABOR CODE?
A: Except, for compulsory arbitration under art 263 par. G, resort to voluntary arbitration dispute, should
not be fixed by the court but by the parties relying on their strengths and resources.
A: 1. Employee’s organization
2. Management
3. The Public
Q: WHO IS AN EMPLOYER?
A: It includes any person acting in the interest of an employer, directly or indirectly, does not include any
labor organization or any of its officers or agents except when acting as employer.
Q: WHO IS AN EMPLOYEE?
A: Any person in the employ of a particular employer including an individual whose work has ceased as
a result of or in connection with any current labor dispute or because of any ULP, if he has not obtained
any other substantially equivalent and regular employment.
A: Group of employees, sharing mutual interests, within a given employer unit, comprised of all or less
than all of the entire body of employees in the employer unit or any specific occupational or geographical
grouping within such employer unit.
A: Any association of workers organized for the mutual aid and protection of its members for any
legitimate purpose other than for collective bargaining.
A: Any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining
agent of all the employees in a bargaining unit.
A: Any person accredited by the Board to act as such pursuant to a selection procedure agreed upon.
A: YES. There may be several unions in a bargaining unit but only one will be chosen as bargaining
agent thru certification election.
A: No.
A: Yes.
A: Deals with the employer on matters affecting the employee’s rights, benefits and welfare.
NATIONAL LABOR
RELATIONS COMMISSION
A: It is still a lawful union but without legal personality. It does not acquire certain rights which are
accorded only to registered unions.
A: Any union or association of employees in whole or in part for the purpose of collective bargaining or of
dealing with employers concerning the terms and conditions of employment.
A: It is the principal government agency that hears and decides labor-management disputes.
- An independent labor court.
- Has regional arbitration branch
- Acts as a body, either en Banc of 15 commissioners or any of the 5 divisions, each with 3
commissioners.
Q: WHAT ARE THE INSTANCES IN WHICH THE NLRC IS REQUIRED TO SIT EN BANC?
A:
1.Promulgation of rules and regulations governing the hearing and disposition of cases.
3.Allow cases within the jurisdiction of any division to be heard and decided by any other division.
• Outside of the 3 instances, the acts of the NLRC are done thru its divisions and the
concurrence of 2 commissioners of a division shall be necessary for the pronouncement of a judgment or
resolution.
Q: WHAT IF THERE ARE INCONSISTENCIES IN THE FINDINGS OF FACTS OF THE LABOR ARBITER
AS AFFIRMED BY THE NLRC AND THAT OF THE COURT OF APPEALS?
A:
1. Workers
2. Employers
3. Public
Q: WHAT IS THE EFFECT OF FAILURE TO RAISE THE LACK OF JURISDICTION OF THE LABOR
TRIBUNAL AT THE EARLIEST OPPORTUNITY?
Q: WHAT ARE THE INSTANCES IN WHICH THE LABOR ARBITER HAS EXCLUSIVE AND
ORIGINAL JURISDICTION?
A: Labor Arbiters have original and exclusive jurisdiction to hear and decide the following cases
involving ALL workers:
5. Cases arising from violations of Art. 264 (prohibited activities – strikes and lock-outs)
6. Questions involving legality of strikes and lock-outs
7. All other claims arising from employer-employee relations
a. Including persons in domestic or household service
b. Involving an amount exceeding P5,000
c. Whether or not accompanied with a claim for reinstatement
EXCEPTIONS:
1. Claims for employees’ compensation
2. Social security
3. Medicare
4. Maternity benefits
Q: WHO ARE THE WORKERS COVERED BY THE JURISDICTION OF THE LABOR ARBITER?
A: ALL workers whether agricultural or non-agricultural; GOCCs without an original charter and has
been incorporated under the Corporation Code; religious organization. NO JURISDICTION over
international agencies.
Q: WHAT IS THE EXTENT OF THE JURISDICTION OF THE LABOR ARITER IF THERE ARE
UNRESOLVED MATTERS ARISING FROM THE INTERPRETATION OF THE CBA?
A. Labor Arbiters have no jurisdiction over unresolved or unsettled grievances arising from the
interpretation or implementation of a CBA and those arising from the interpretation or enforcement of
company personnel policies, which fall within the jurisdiction of the voluntary arbitrator/s named in the
CBA, unless the case involves actual dismissal.
XPN: Actual termination dispute can be heard by the labor arbiter although an interpretation of the CBA
provision.
A: YES. Before certiorari may be availed of, the petitioner must have filed a Motion for Reconsideration,
to enable it to correct its mistakes, within 10 calendar days from receipt of such order or resolution. If no
MR was filed, NLRC’s decision becomes final and executory after 10 days from its receipt and is a fatal
defect that warrants the dismissal of the petition for certiorari before the SC.
EXCEPTION: In the interest of substantial justice, MR on the decision of the NLRC may not be required.
A: If the motion is denied, the aggrieved party may file the petition within the remaining period, but
which shall not be less than 5 days in any event, reckoned from the notice of the denial. No extension
of time to file the petition shall be granted except for the most compelling reason and in no case to
exceed 15 days.
Q: DOES THE JURISDICTION OF LABOR ARBITERS HAVE JURISDICTION OVER WAGE
DISTORTION CASES IN ORGANIZED ESTABLISHMENTS?
A: Labor Arbiters have jurisdiction over wage distortion cases only in unorganized establishments. In
organized establishments, jurisdiction is vested with Voluntary Arbitrators.
Arts. 218-219
A:
1. Make rules and regulations pertaining to its functions.
2. Administer oaths and issue subpoenas and summons.
3. Decide appealed cases.
4. Hold persons in contempt.
5. Investigate, hear and decide disputes within its jurisdiction.
6. Issue restraining orders and injunctions (exception to Art. 254 which provides that injunction or
restraining order is prohibited in any case growing or involving out of labor disputes.
7. Conduct ocular inspection at any time during office hours.
A: NO. The labor arbiter does not have the power to issue writs of injunction nor TRO. Art 217 nor the
NLRC rules of procedure does not grant them such authority.
Art. 220
A: It is a process of settlement of labor disputes by a government agency that has the authority to
investigate and make an award, which is binding on all parties.
Q: ARE THE STRICT RULES OF EVIDENCE OBSERVED IN PROCEEDINGS BEFORE THE NLRC?
A: The general rule states that strict rules of evidence and procedures are NOT binding in any of the
proceedings before the NLRC or Labor Arbiter. All efforts towards amicable settlement shall be exerted.
Exceptions: The cardinal primary requirements of due process must be respected such as:
1. Violator must be heard and be given the opportunity to present evidence
2. Evidence presented must be duly considered before any decision is made
3. Decision must be based on substantial evidence
4. Decision was made by the authority and should explain the issues involved and the reason for the
decision rendered.
5. Right to a speedy disposition of cases
Q: Can denial of due process by the labor arbiter be cured by appeal to the NLRC?
A: Yes.
A: Non-lawyers may appear before the Commission or any Labor Arbiter only:
A: The attorney’s fees for CBA negotiation and conclusions shall be in the amount agreed upon by the
parties to be taken from the union funds and not from the individual union members.
Q: WHAT IS THE MAXIMUM AMOUNT TO BE GIVEN TO A LAWYER FOR LEGAL
ASSISTANCE RENDERED?
A: The amount must not exceed 10% of the total monetary award adjudged the employees excluding
the award for moral and exemplary damages.
A: NO. Labor cases are NOT subject to Barangay Conciliation under PD 1508
Art. 223
APPEAL
Q: ARE THE DECISIONS, ORDERS OR AWARDS OF THE LABOR ARBITER FINAL AND EXECUTORY?
A: YES. Decisions, orders or awards of the Labor Arbiter are final and executory
UNLESS it has been appealed to the NLRC within 10 days from its receipt.
A: YES. The decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as
the reinstatement aspect is concerned, shall immediately be executory EVEN PENDING APPEAL.
A:
(1) Re-admit employee under same terms and conditions;
(2) Reinstate merely in the payroll
A: Posting of a cash or surety bond is a SINE QUA NON for the perfection of an appeal from the labor
arbiter’s monetary award UNLESS:
(1) The amount of the monetary award is not included in the judgment;
(2) Monetary award consists of moral and exemplary damages;
(3) Appellant employer is prepared to accept and comply with the monetary awards. HOWEVER,
posting of a bond by the employer shall not stay the execution of reinstatement.
A: Sec. 2 Rule V of the New Rules of the NLRC requires that a compromise agreement of case pending
before the Labor Arbiter be approved by the labor arbiter before whom the case is pending after being
satisfied that it was voluntarily entered by the parties and after having explained to them the terms and
consequences thereof.
Quitclaims executed before the labor arbiters who had no participation in any aspect of the case are not
valid compromises.
A: The NLRC shall decide all cases within 20 calendar days from receipt of the answer of the
appellee. The same becomes final and executory after 10 calendar days from receipt of the parties.
A: NO. The general rule is that no court has the power to interfere by injunction with judgments of
another court with concurrent or concurrent jurisdiction. Except, if a third party complaint is involved
Q: BLR and Labor Relations Divisions have original and exclusive authority to act on?
A:
1. inter-union disputes
2. intra-union disputes
3. all disputes, grievances or problems
i. arising from or affecting labor-management relations
ii. in all workplaces whether agricultural or non-agricultural
iii. EXCEPT those arising from implementation/interpretation of CBA (governed by
grievance procedure and/or voluntary arbitration)
A: Inter-Union Dispute refers to any conflict between and among legitimate labor unions involving
representation questions for purposes of collective bargaining or to any other conflict or dispute between
legitimate labor unions
A: Intra-Union Dispute: refers to any conflict between and among union members, including grievances
arising from any violation of the rights and conditions of membership, violation or disagreement over any
provision of the union’s constitution and by-laws, or disputes arising from chartering or affiliation of union
Q: HOW MANY DAYS MUST BLR ACT ON A LABOR CASE SUBMITTED BEFORE IT?
A: BLR has 15 days to act on a labor case before it, subject to the extension by agreement of the
parties.
A:
1. The compromise settlement must be voluntarily agreed upon by the parties
2. It must be reduced in writing and;
3. It must be signed in the presence of the Regional Director or his duly authorized representative
(with the assistance of the BLR or Regional Office)
Q: WHO IS A MED-ARBITER?
A: 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.
A: YES, a compromise agreement entered into by the workers and their employer, during the
pendency of an appeal before the NLRC, wherein the former waived their right to reinstatement as
decreed by the labor arbiter in consideration of the employer’s undertaking to abide by the award of
their money claims plus attorney’s fees, is valid and binding.
Q: WHAT IS THE EFFECT OF THE FAILURE OF A PARTY TO COMPLY WITH THE TERMS
OF THE COMPROMISE AGREEMENT?
A: Should a party fail or refuse to comply with the terms of the CA, the other party could be either
enforce the compromise by a writ of execution or regard it as rescinded and insist upon his original
demand (Morales vs. NLRC, GR No. 1003133, Feb 6, 1995).
A: A judgment made in accordance with a compromise agreement is NOT appealable and is immediately
executory.
EXCEPTIONS:
Q: WHAT ARE THE INSTANCES IN WHICH THE NLRC OR ANY COURT SHALL NOT ASSUME
JURISDICTION OVER ISSUES INVOLVED IN COMPROMISE SETTLEMENT CASES?
A:
1. Non-compliance of the compromise agreement
2. Prime facie evidence that the settlement was obtained thru fraud, misrepresentation or coercion.
A: The Bureau has the power to issue subpoenas under its jurisdiction either at the request of any
interested party or at its own initiative. (Art 229)
A:
Q: CAN THE BLR ENTERTAIN ANY PETITION FOR CERTIFICATION ELECTION OR ANY OTHER
ACTION, WHICH MAY DISTURB THE ADMINISTRATION OF AN EXISTING CBA AFFECTING THE
PARTIES
A: NO. The general rule is that BLR shall NOT entertain any petition for certification election or any other
action, which may disturb the administration of existing CBA affecting the parties (Art 232). THE
EXCEPTIONS ARE THOSE PROVIDED UNDER:
1. Art. 253
2. Art. 253-A
3. Art. 256
A: It provides that where there is an existing CBA, no petition for certification election should be
entertained. To allow otherwise would result in the promotion of discord and disturbance in the
administration of the agreement.
A: NO. Information and statements made at conciliation proceedings shall be treated as privileged
communication and shall not be used as evidence. Conciliators and other officials shall not testify
regarding any matters taken up therein. The reason behind the rule is to encourage the parties to freely
divulge information to the conciliator/mediator.
LABOR ORGANIZATION
Q: WHAT IS A LABOR ORGAINZATION (LO)?
A: It refers to any union or association of employees in the private sector, which exist in whole or in part
for the purpose of collective bargaining, mutual aid, interest, cooperation, protector other lawful purposes.
A: Refers to any labor organization in the private sector registered with the DOLE.
A: It refers to any association of workers organized for mutual aid and protection of its members or for
any legitimate purpose OTHER than collective bargaining.
Art. 234 –
A:
1. Fifty pesos registration fee
2. Four copies of the:
a. Constitution and by-laws
b. Minutes of its adoption or ratification
c. List of participating members
3. Applicant union, if existing for more than 1 year, must submit copies of its annual financial report
4. Names of its officers, their addresses, principal address of the labor organization, minutes of the
organizational meeting & list of the workers who participated in such meetings
5. Names of all its members (comprise at least 20% of all employees in the bargaining unit where it
seeks to operate)
A: LO acquires legal personality as well as the rights and privileges granted to it by law. Unregistered
association is still lawful but without juridical capacity, therefore, cannot avail the rights enumerated by
Art. 242.
A: An LO is deemed registered and vested with legal personality on the date of issuance of its
certificate of registration or certificate of chartered local. Such legal personality may be questioned only
through an independent petition for cancellation of union registration
A: MANDAMUS
1. Shall be certified under oath by the Secretary or the Treasurer of the organization and
2. Attested to by its President. (Art 235)
A: Where NO books of account were filed before the BLR, the constitution, by-laws and the list of
members who ratified the same were not attested to by the union president, and the same were not
verified, it was ruled that the local or chapter did not become a LLO and its petition for certification
election should be dismissed (Phoenix Iron vs. Secretary of Labor GR No. 112141, May 16, 1995).
A: The BLR shall act on all applications for registration within 30 days from filing.
A: A labor organization operating at the enterprise level whose legal personality is derived thru the
issuance of a charter by a duly registered federation or national union.
A: There must be a proof of affiliation of at least 10 locals or chapters. Each of which must be a duly
recognized collective bargaining agent in the establishment/industry. It must also include
A: NO. The existence of the union would not be affected although its juridical personality, statutory rights
& privileges are suspended.
Q: WHAT IS A CHECK-OFF?
A: A process whereby the employer, on agreement with the union recognized as the proper bargaining
representative, or on prior authorization from its employees, deducts union dues or agency fees from the
latter’s wages and remits them directly to the union. The legal basis of it is thus found in contract. No
provision of law makes the employer directly liable for the payment to the labor organization of union dues
and assessments that the former fails to deduct from its employees’ salaries pursuant to a check-off
stipulation (Holy Cross of Davao vs. Joaquin GR No. 110007, Oct 8, 1996).
A:
EXCEPTION: Violations of Art. 241 (rights and conditions of membership) which can be commenced
only by members of the respondent labor organization or worker’s association.
A: A contract whereby the parties by making reciprocal concessions, avoid litigation or put an end one
already commenced.
A: NO. A union is free to select its own members and no person has an absolute right to membership in
a trade union.
EXCEPTION: the right of an industrial worker to protection against arbitrary and discriminatory
exclusion from union membership should be recognized wherever membership is a necessary
prerequisite to work since the public interest is involved.
A:
A: It is the right to determine by secret ballot any question of major policy affecting the entire
membership UNLESS the nature of the organization or force majeure renders secret ballot impractical
A:
A: It includes the right to be informed of the provisions of the Consti, by-laws, CBA, prevailing labor
relations system and all their rights and obligations
Q: IS THE EXHAUSTION OF REMEDIES WITIHN THE UNION REQUIRED BEFORE A COMPLAINT FOR
VIOLATION OF THE UNION’S CONSTITUTION AND BY-LAWS MAY BE FILED?
A: YES. Exhaustion of remedies within the union is required before a complaint for violation of the
union’s constitution and by-laws or Art. 241 may be filed. EXCEPT, where it would practically amount to
a denial of justice or would be illusory or in vain
Art. 242
Q: WHAT ARE THE RIGHTS OF A LEGITIMATE LABOR ORGANIZATION?
A:
RIGHT TO SELF-ORGANIZATION
A:
1. Freedom to decide
2. Authority to act or not to act pursuant to one’s decision
A:
A: NONE. There is no law in the Philippines requiring workers to join a union although there may be
disqualifications in joining unions.
A: Persons employed in
1. Commercial,
2. Industrial, or
3. Agricultural enterprises
4. In religious
5. Medical WON
6. Educational for profit
7. Charitable institutions
8. Alien employees with valid working permits
PROVIDED: nationals of a country which grants same/similar rights to Filipino workers
A: NO. Government employees may organize, even unionize but CANNOT bargain and stage a strike,
and negotiate only on matters NOT fixed by law.
A: The government employees may lobby that the law fixing their benefits and salaries be amended.
Q: WHAT ARE THE DISTINCTIONS BETWEEN GOCCs WITH ORIGINAL CHARTER AND
GOCCs INCORPORATED UNDER THE CORPORATION CODE?
A:
1. GOCCs w/ orig. charter is governed by the civil service law while GOCCs incorporated under
the corporation code is governed by the Labor code.
2.Those with original charter cannot wage a strike but GOCCs w/o original charter cannot do so.
3. GOCCs w/ orig. charter: can negotiate only in matter no fixed by law
GOCCs w/o orig. charter: Has unlimited bargaining powers
4.GOCCs w/ orig. charter: May join, form or assist labor organizations for purposes not contrary to
law
GOCCs w/o orig. charter: May join, form or assist labor organization for purposes of collective
bargaining and for mutual aid and protection
A:
2. Managerial Employees
3. Supervisory Employees – to the extent that they cannot join labor organization of rank-and-file
employees
Confidential Employees
1. Assist or act in a confidential capacity
2. Persons who formulate, determine and effectuate management policies in the field of labor
relations
Reason: Conflict of interest
A: Not all confidential employees are excluded, only those whose positions involve policies regarding
labor relations.
A: They are stipulations in a CBA requiring membership in the contracting union as a condition for
employment or retention of employment in the company. It is likewise intended to strengthen the
contracting union and protect it from fickleness of own members
Q: WHAT IS A CLOSED SHOP AGREEMENT?
A: It is an agreement in which the employer undertakes NOT to employ an individual who is not a
member of the contracting union (bargaining agent) and to dismiss the said individual if once employed,
he does not, for the duration of the agreement, remain a member of the union in good standing
A: YES. The general rule is that all employees in the bargaining unit covered by a closed-shop
agreement are subject to its terms.
Exceptions:
1. Religious objectors
2. Employees already in the service and members of a different union at time closed-shop
agreement took effect
3. Those expressly excluded
A: It is an agreement where the employer is permitted to employ an individual who is not a member of
the contracting union (bargaining agent) but is obliged to dismiss such employee if he does not become
a member of the contracting union within a specified period and remain as such in good standing for the
duration of the agreement
A: A maintenance membership clause merely requires the employer to dismiss those who are union
members at time of execution of CBA or who may thereafter become members IF they do not, for the
duration of the CBA, maintain their membership IN GOOD STANDING
A: NO. It is not only a violation of the civil rights of labor and management but also a criminal
offense against the State.
Q: WHO SHALL HAVE JURISDICTION OVER THE CIVIL ASPECT OF ULP CASES AND
WITHIN WHAT PERIOD MUST IT BE RESOLVED?
A: Civil aspect of ULP cases shall be under the jurisdiction of the Labor Arbiters who must resolve
said cases within 30 days from the time it is submitted.
A: Recovery of civil liability under the administrative proceedings shall bar recovery under the Civil
Code.
A: YES. During the pendency of the administrative proceeding, the running of the period of prescription
for the criminal offense shall be INTERRUPTED.
Provided:
1) The final judgment in the administrative proceeding shall NOT be binding in the criminal
case, or
2) Final judgment NOT considered as evidence of guilt but merely a proof of compliance of the
requirements therein set forth.
A: Yellow Dog Contract is a promise exacted from workers as a condition of employment that they are
not to belong to, or attempt to foster, a union during their period of employment
Q: WHAT IS FEATHERBEDDING?
A: It is a practice of the union or its agents in causing or attempting to cause an employer to pay or
deliver or agree to pay or deliver money or other things of value, for services which are not performed or
to be performed
A: It states that the culpability of an employer regarding unionization is to be evaluated not only on the
basis of their implications, but against the background of collateral circumstances.
A: Asking for or accepting negotiations or attorney’s fees from employers as part of the settlement of
any issue in CB or other dispute
A:
(1) Employer (Article 248);
(2) Labor Organization (Article 249)
1. Employer-employee relationship
2. Act done is as defined in Art. 248
A: The general rule is that ULP can be committed only if there is an employer-employee relationship.
A: YES. Refusal to furnish financial information is ULP. Except, if the union failed to put its request in
writing as required in Article 242 [c] of the Labor Code, management cannot be held liable for ULP.
A: The action must be filed within 1 yr. from accrual of such ULP.
A: In unfair labor practice cases, it is the union that has the burden of proof to present substantial
evidence to support its allegations of unfair labor practices committed by the employer. (Schering
Employees Labor Union [SELU] vs. Schering Plough Corporation, G. R. No. 142506, Feb. 17, 2005)
A: It refers to the contract between a legitimate labor union and the employer concerning wages, hours
of work, and all other terms and conditions of employment in a bargaining unit.
A:
1. Party who desires to negotiate: serves a written notice upon other party with a statement of
proposals
2. Other party makes a reply not later than 10 days from receipt of notice
3. Differences arise based on notice or reply: either party may request a conference which begins
10 days from date of request
4. Dispute not settled:
a. Board intervenes upon request of either/both parties or NCMB’s own initiative, call
parties to conciliation.
b. Board has power to issue subpoenas.
c. Duty of the parties: to participate fully and promptly in the conciliation meetings
5. During conciliation: parties are prohibited from doing any act which may disrupt or impede
settlement of disputes
6. NCMB shall exert efforts to settle dispute amicably and encourage parties to submit case to a
voluntary arbitrator
A:
1) Wages
2) Hours of work
3) Grievance machinery
4) Voluntary arbitration
5) Family planning
6) Rates of pay
7) Mutual observance clause
A: Refusal of any parties to negotiate on any of the aforesaid subjects constitute ULP.
A:
1. Adoption of an adamant bargaining position in G
2. Refusal to bargain over demands for commission of ULP
3. Refusal to bargain during period of illegal strike
4. There is no request for bargaining
5. Union seeks recognition for an inappropriately large unit
6. Union seeks to represent some persons who are excluded from the Code
A: NO. It is beyond the sphere of collective bargaining because law requires their enactment.
A: CBA is a contract in personam: binding only between the parties and not enforceable against a
transferee of an enterprise UNLESS expressly assumed.
A: Collective bargaining shall begin within 12 months following the determination and certification of
the employees’ exclusive bargaining representative. (CERTIFICATION YEAR)
Q: WHAT DOES THE DUTY TO BARGAIN COLLECTIVELY INCLUDE WHERE THERE EXISTS A CBA?
1) Neither party shall terminate nor modify such agreement during its lifetime;
2) Either party can serve written notice to terminate or modify agreement at least 60 days prior to its
expiration date;
3) Duty of both parties to keep status quo and continue in full force and effects terms and
conditions of the existing agreement during the 60 day period or until new agreement is reached
by parties.
EXCEPTION: during the 60 day period prior to its expiration, upon service of a written notice of a
party’s intention to terminate or modify the same, a party may choose to terminate or modify the non-
representational aspect of the CBA only after the expiration of the CBA of fixed duration
Q: WHAT MAY BE DONE DURING THE 60-DAY PERIOD PRIOR TO THE EXPIRATION OF THE CBA?
A:
1) A LU may disaffiliate from the mother union to form a local/independent union only during the 60-
day freedom period immediately preceding the expiration of the CBA
2) Either party can serve a written notice to terminate or modify the agreement at least 60 days
prior to its expiration period
A:
A:
1) Any CBA that the parties may enter into shall, insofar as representation aspect is concerned: 5
years
2) Outside 60-day period immediately before the date of expiry of the 5-year term of the CBA: NO
petition questioning incumbent BA be entertained; NO certification election shall be conducted
3) All other provisions shall be renegotiated not later than 3 years after execution
4) Agreement on other provisions of the CBA entered into within 6 months from date of expiry of
such provisions as fixed in the CBA: automatic retroaction
5) If beyond 6 months, parties shall agree on the duration of retroactivity period
6) If there’s deadlock in the renegotiation of CBA, parties may exercise their rights under the Code
A:
A: It involves negotiation between one certified labor union and one employer. Any voluntarily
recognized or certified labor union may demand negotiations with its employer for terms and conditions
of work covering employees in the bargaining unit concerned.
A: It involves negotiation between and among several certified labor unions and employers. (Sections
3 and 5, Rule XVI, Book V, Rules to Implement the Labor Code, as amended by Department Order No.
40-03, Series of 2003, Feb. 17, 2003)
A: It is the act of going through the motions of negotiating without any legal intent to reach an
agreement
A: It occurs when the employer directly bargains with the employee disregarding the union; the aim was
to deal with the LU through the employees rather than with the employees through the union. Employer
submits its proposals and adopts a take it or leave it stand. This is not negotiation because it implies a
threat.
A: When there is an impasse that presupposes reasonable effort at GF bargaining, which, despite noble
intentions, does not conclude in agreement between the parties
Q: WHAT ARE THE MANDATORY REQUISITES FOR THE VALIDITY OF THE CBA?
A: Publication- CBA is required to be posted in two (2) conspicuous places in the work premises, for a
period of at least five (5) days prior to its ratification.
In the case of multi-employer bargaining, two (2) signed copies of the CBA should be posted for at least
five (5) days in two (2) conspicuous areas in each workplace of the employer units concerned. Said
CBA shall affect only those employees in the bargaining units who have ratified it. (Section 7, Rule XVI,
Book V, Rules to Implement the Labor Code, as amended by Department Order No. 40-03, Series of
2003, [Feb. 17, 2003]).
B. Ratification of the CBA- should be made not by the majority of the members of the bargaining union
but by the majority of the members of the bargaining unit which is being represented by the bargaining
union in the negotiations.
C. Registration with the DOLE should carry a sworn statement of the union secretary and attested by
the president that the CBA has been duly posted and ratified. (Section 7, Rule XVI, Book V, Rules to
Implement the Labor Code, as amended by Department Order No. 40-03, Series of 2003, [Feb. 17,
2003]).
A: The CBA should be ratified by the MAJORITY of all the workers of the bargaining unit and not just
members of the contracting union
A: Yes. CBA should be posted for at least 5 days in 2 conspicuous places in the establishment before
ratification
A: CBA to be submitted to the DOLE should carry a sworn statement of the union secretary and
attested by the president that the CBA has been duly posted and ratified.
A: The general rule provides that no temporary or permanent injunction or restraining order in any
case involving or growing out of labor disputes shall be issued by any court or other entity.
EXCEPTIONS:
1. Art. 218(e)
2. Art. 263(g): “national interest” cases
3. Art. 264: prohibited activities in the course of a strike or lock-out
A: To give labor a comparable bargaining power with capital and must be liberally construed to that end;
contradicts the constitutional preference for voluntary modes of dispute settlement
A:
1. Labor Arbiters
2. NLRC or any division
3. Bureau of Labor Relations
4. Secretary of Labor
5. President
REPRESENTATION AND
CERTIFICATION ELECTIONS
A: A “Sole and exclusive bargaining agent” refers to any legitimate labor organization duly recognized
or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit.
Art. 255
A: DOLE shall promote the formation of a labor-management council in organized and unorganized
establishments to enable the workers to participate in policy and decision-making processes in the
establishment, insofar as said processes will directly affect their rights, benefits and welfare
A:
1) Organized establishments: workers representatives to the council shall be nominated by the
exclusive bargaining representative
2) Unorganized establishments: worker’s representatives shall be elected directly by the employees
at large
A: To be appropriate, the bargaining unit must effect a grouping employees who have substantial,
mutual interest in wages, hours, working conditions and other subjects of collective bargaining.
A:
1. Will of employees (Globe doctrine)
2. Substantial mutual interests principle or community or mutuality of interests
3. Prior collective bargaining history - employment status i.e. temporary, seasonal, probationary
employees
A:
1) A verified petition questioning the majority status of the incumbent bargaining agent is filed
before DOLE within the 60-day period before CBA.
2) Med Arbiter shall automatically order an election by secret ballot when the verified petition is
supported by the written consent of at least 25% of all employees in the bargaining unit to
ascertain the will of the employees in the appropriate bargaining unit.
3) Valid election: at least a majority of all eligible voters in the unit must have cast their votes.
4) LU receiving the majority of the valid votes cast shall be certified as the exclusive BA of all
workers in the unit.
5) Election provides for 3 or more choices results in no choice receiving a majority of the valid votes
cast, a run-off election shall be conducted between the LU receiving the 2 highest no. of votes;
provided the total no. of votes for all contending unions is at least 50% of the no. of votes.
6) Expiration of the freedom period: employer shall continue to recognize the majority status of the
incumbent BA where no petition for certification election is filed.
A:
1) The determination of an exclusive representative is a non-litigious proceedings and, as far as
practicable, shall be free from technicalities of law and procedure provided that in any case the
exclusive bargaining representative enjoys the majority support of all the employees in the BU.
A:
(1) Voluntary recognition of union - process whereby the employer recognizes a labor organization
as the exclusive bargaining representative of the employees in the appropriate BU after a
showing that the labor organization is supported by at least a majority of the employees in the
BU.
(2) Certification election. - refers to the process of determining through secret ballot the sole and
exclusive bargaining representative of the employees in an appropriate bargaining unit, for
purposes of collective bargaining.
(3) Consent election. - refers to the election voluntarily agreed upon by the parties, with or without
the intervention of the Department of Labor and Employment, to determine the issue of majority
representation of all the workers in the appropriate collective bargaining unit.
(4) Run-off election. - refers to an election between the labor unions receiving the two (2) highest
number of votes when a certification election which provides for three (3) or more choices results
in no choice receiving a majority of the valid votes cast; provided, that the total number of votes
for all contending unions is at least fifty percent (50%) of the number of votes cast.
A: It is a process whereby the employer recognizes a labor organization as the exclusive bargaining
representative of the employees in the appropriate BU after a showing that the labor organization is
supported by at least a majority of the employees in the BU.
A:
• With only 1 legitimate labor organization, the employer may voluntarily recognize the
representation status of such a union.
• Within 30 days from such recognition, the employer and union shall submit a notice of voluntary
recognition with the Regional Office which issued the recognized LU’s certificate of
registration/creation of a chartered local.
A:
• A joint statement under oath of voluntary recognition attesting to the fact of voluntary recognition.
• Approximate no. of employees in the BU, accompanied by the names of those who support the
voluntary recognition comprising at least a majority of the members of the BU.
• Statement that the LU is the only legitimate labor organization operating with the BU.
• All accompanying documents must be certified under oath by the employer representative and
president of the recognized LU.
A:
• If sufficient in form, number and substance and no other registered LU operating with the BU
concerned, the RO, through Labor Relations Division shall, within 10 days from receipt of the
notice record the fact of voluntary recognition.
• If insufficient, the RO shall notify the LU of its findings and advise it to comply with the necessary
requirements.
• Where either the employer or the labor union failed to complete the requirements within 30 days
from receipt of advisory, RO shall return the notice for voluntary recognition together with its
documents without prejudice to its resubmission.
A:
o From the time of recording of voluntary recognition, the recognized LU shall enjoy the rights,
privileges and obligations of an existing BA of all the employees in the BU.
o The entry of voluntary recognition bars the filing of petition for certification election by any
labor organization for 1 year from date of entry.
o Upon expiration: may file such petition unless a CBA between the employer and voluntarily
recognized LU was executed and registered with the RO.
Q: WHAT IS CERTIFICATION ELECTION?
A: It is the process of determining by secret ballot the sole and exclusive BA of the employees in an
appropriate BU for purposes of collective bargaining. It is the fairest and most effective way of
determining which labor organization can truly represent the working force.
Such proceeding is not a litigation but a mere investigation of a non-adversary fact-finding character in
which DOLE plays the part of a disinterested investigator seeking merely to ascertain the desires of the
employees as to the matter of their representation.
A: It refers to the election voluntarily agreed upon by the parties, with or without the intervention of the
Department of Labor and Employment, to determine the issue of majority representation of all the
workers in the appropriate collective bargaining unit.
A:
AS TO NATURE:
Consent election: a separate and distinct process and has nothing to do with the import and effect of
a certification election.
AS TO PURPOSE:
Certification Election: To determine the sole and exclusive BA of all the employees in an appropriate
BU for the purpose of the purpose of collective bargaining.
Consent Election: To determine the issue of majority representation of all the workers in the
appropriate collective BU 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 BA for
purposes of collective bargaining.
A: It is a process whereby the Med Arbiter directly certifies a labor organization of an appropriate BU
of a company after a showing that such petition is supported by at least a majority of the employees in
the BU (It is no longer allowed.).
• UNORGANIZED: upon the filing of a verified petition by a legitimate labor organization OR upon the
filing of a petition by the employer when such employer is requested by the employees to bargain
collectively
AS TO THE PERIOD OF FILING:
Organized: When there is a CBA, the labor organization can file a petition for certification election within the
60-day period (Contract Bar Rule). When there is no CBA, then the labor organization can file a petition for
certification election at any time subject to the Deadlock Bar Rule
Unorganized: any time, subject however to the ‘one election per year rule’
A:
• Where the place of work of the employees and the principal office of the employer are within the
territorial jurisdiction of different ROs, the petition for certification election may be filed in the RO
where the employee’s workplace is located.
• RO having jurisdiction over the principal office of the employer applies only to cases where the
employees’ place of work and the employer’s principal place are under the same DOLE RO to
prevent inconvenience to the workers.
Q: WHAT ARE THE REQUISITES BEFORE A LABOR UNION CAN BE DECLARED A WINNER
(DOUBLE MAJORITY RULE)?
A:
• Majority of the eligible voters cast their vote
• Majority of the valid votes cast is for such union
A:
• In determining the eligible votes cast (first majority), spoiled ballots are included.
• In determining valid votes (second majority), spoiled ballots are eliminated but challenged votes
are included.
A:
• 25% requirement shall be satisfied upon the filing of the petition, otherwise it will be dismissed.
• It should not be strictly applied to frustrate the determination of the legitimate representative of
the workers.
• Mere filing of a petition for certification election within the freedom period is sufficient basis for
holding such election, subject to the submission of the consent signatures within a reasonable
period.
A:
• A valid election took place because majority of the collective BU members voted (first majority).
• Not one of the choices obtained the majority (50% + 1 - second majority) of the valid votes cast.
• The total votes for the unions are at least 50% of the votes cast.
• There are no unresolved challenged votes or election protest which if sustained can materially
alter the results.
• The two choices which garnered the highest votes will be voted and the one which garners the
highest number of votes will be declared the winner provided they get the majority votes of the
total votes cast.
• The unions receiving the highest and second highest number of votes cast will participate in the
run-off election.
“No union” can not be a choice in the run-off election.
A:
1. Deadlock Bar Rule is a petition for certification election can only be entertained if there’s no
pending bargaining deadlock submitted to conciliation or arbitration or which has become the subject
of a valid notice of strike or lockout
A:
• The submission of the deadlock to a third party conciliator or arbitrator
• The deadlock is the subject of a valid notice or strike/lockout
2. One Year Bar Rule (Certification Year Rule) states that no petition for certification election may be
filed within 1 year from the date of a valid certification, consent, or run-off election or from the date of
voluntary recognition
3. Negotiation Bar Rule is a petition for certification election cannot be entertained if, before the filing
of the petition for certification election, the duly recognized or certified union has commenced
negotiation with the employer in accordance with Art. 250
4. Contract Bar Rule provides that while a valid and registered CBA of a fixed duration is
subsisting, the BLR is not allowed to hold an election contesting the majority status of the
incumbent union during the 5-year term of the CBA except during the 60-day period immediately
prior to the expiration of the CBA
5.
• Agreement is in writing and signed by all contracting parties
• It must contain the terms and conditions of employment
• Covered employees in an appropriate BU
• It is for a reasonable period of duration
• It must be ratified
• It must be registered with the BLR
• The violation of the contract bar rule or the existence of a duly registered CBA must be
specifically impleaded as a defense
A:
(1) CBA is not registered or, although registered, contains provisions lower than the standards fixed
by law;
(2) CBA deregistered during the 60-day freedom period;
(3) CBA was hastily concluded way ahead of the freedom period;
(4) CBA is incomplete in itself or when the documents supporting its registration are falsified,
fraudulent or tainted with misrepresentation;
(5) CBA does not foster industrial peace because of schism resulting in an industrial dispute;
(6) CBA was concluded in violation of an order enjoining the parties from entering into a CBA until
the issue of representation is resolved.
A: Where there occurs a shift in the employees’ union allegiance after the execution of a collective
bargaining contract with the employer, employees can change their agent (LU), but the collective
bargaining contract which is still subsisting continues to bind the employees up to its expiration date.
They may however, bargain for the shortening of said expiration.
A: it cannot be invoked to support the contention that a newly certified collective BA automatically
assumes all the personal undertakings of the former agent like the ‘no-strike clause’ in the CBA
executed by the latter.
Q: WHAT IS THE EFFECT OF A FORMAL CHARGE OF COMPANY DOMINATION AGAINST
ONE OF THE UNIONS PARTICIPATING IN THE CERTIFICATION PROCEEDING?
Arts. 260-262-B
Q: WHAT IS GRIEVANCE?
A: It is any question, complaint or dissatisfaction by either the employer or the union regarding the
interpretation or application of the CBA or company personnel policies or any claim by either party of
any violation thereof.
A: It refers to the mechanism for the adjustment and resolution of grievances arising from the
interpretation or implementation of a CBA and those arising from the interpretation or enforcement of
company personnel policies. It is part of the continuing process of collective bargaining.
A: It refers to the internal rules of procedure established by the parties in their CBA which usually
consists of successive steps starting at the level of the complainant and his immediate supervisor and
ending, when necessary, at the level of the top union and company officials and with voluntary
arbitration as the terminal step, which are intended to resolve all issues arising from the
implementation and interpretation of their CBA.
A: Parties to a CBA shall include therein provisions that will ensure the mutual observance of its terms
and conditions. They shall also establish a machinery for adjustment and resolution of grievances
arising from the interpretation/implementation of their CBA and those arising from
interpretation/enforcement of personnel policies.
A: All grievances submitted to the grievance machinery which are not settled within 7 calendar days
from date of submission shall automatically be referred to voluntary arbitration prescribed in the CBA.
A: Parties in CBA shall name in advance a voluntary arbitrator/panel preferably from the listing of
qualified voluntary arbitrators duly accredited by NCMB
A: In case the parties fail to select a voluntary arbitrator, NCMB shall designate the voluntary
arbitrators/panel pursuant to the selection procedure provided by the CBA.
A: In case of the absence of grievance machinery in the CBA: a grievance committee shall be created
within 10 days from signing of CBA. It shall be composed of at least 2 representatives each from
members of BU and employer unless otherwise agreed upon and the representatives of BU shall be
designated by the members of the BU.
A:
• Employee presents his grievance/complaint orally/writing to the shop steward; latter will verify
the facts and determine validity of grievance.
• If grievance is valid, shop steward shall immediately bring the complaint to employee’s
immediate supervisor; shop steward, employee, supervisor shall exert effort to settle grievance
at their level.
• If there is no settlement, the grievance shall be referred to the grievance committee; which shall
give its decision within 10 days upon receipt referral.
• If the issue involves/arises from interpretation of CBA, order, memo, circular, etc. issued by
appropriate authority in the establishment and such can’t be resolved at the level of the shop
steward/supervisor, the same may be referred immediately to grievance committee.
A: It refers to the mode of settling labor-management disputes by which the parties select a
competent, trained and impartial third person who shall decide on the merits of the case and whose
decision is final and executory. (Section 1 [d], Rule II, NCMB Revised Procedural Guidelines in the
Conduct of Voluntary Arbitration Proceedings [Oct. 15, 2004]).
• Grievance remains unresolved: either party may serve notice upon the other of its decision to
submit the issue to voluntary arbitration.
• Party upon whom the notice is served failed/refused to respond within 7 days from receipt:
voluntary arbitrator/panel designated in the CBA shall commence arbitration proceedings.
• Parties fail to select voluntary arbitrator/panel: regional branch of NCMB shall designate voluntary
arbitrator/panel
A:
• Exclusive and original jurisdiction to hear and decide (rights disputes):
o All grievances arising from the implementation/interpretation of the CBA and those of
personnel policies which remain unresolved after exhaustion of the grievance procedure
o Wage distortion issues arising from application of any wage orders in organized
establishments
Q: CAN NLRC, ITS REGIONAL BRANCHES AND RDS OF DOLE ENTERTAIN DISPUTES,
GRIEVANCES, OR MATTERS UNDER THE EXCLUSIVE AND ORIGINAL JURISDICTION OF
THE VOLUNTARY ARBITRATOR/PANEL?
A: No. NLRC, its regional branches and RDs of DOLE shall NOT entertain disputes, grievances, or
matters under the exclusive and original jurisdiction of the voluntary arbitrator/panel and shall immediately
dispose and refer the same to the appropriate grievance machinery or voluntary arbitration in the CBA.
Similar provisions stated in Article 261 Jurisdiction of voluntary arbitrator/panel over disputes/issues
(rights disputes):
• Violations of a CBA, except those that are gross in character, shall no longer be treated as ULP, and
shall be resolved as grievances under the CBA.
• Gross violations of CBA: flagrant/malicious refusal to comply with the economic provisions of CBA.
A: Yes. Under Article 262, all other disputes including ULP and bargaining deadlocks (interest
disputes) may by agreement of parties be also submitted to voluntary arbitration.
Q: CAN “NATIONAL INTEREST” DISPUTES BE SUBMITTED TO VOLUNTARY
ARBITRATION?
A: Yes. Under Article 263 (h) even “national interest” disputes may, be submitted by the parties to
voluntary arbitration before or at any stage of the compulsory arbitration process.
A:
• To hold hearings, receive evidence and take whatever action necessary to resolve the
issues/subject of dispute.
A:
• All parties to the dispute shall be entitled to attend to arbitration proceedings.
• Unless parties agree otherwise, mandatory for the arbitrator to render award/decision within 20
days from date of submission of resolution.
• Failure of the arbitrator to render a decision, resolution, award, order within the prescribed
period, upon complaint of a party, is a sufficient ground for NCMB to discipline said arbitrator.
• If the recommended sanction is de-listing, it is unlawful for the arbitrator to refuse/fail to turn over
to NCMB for its further disposition the records of the case within 10 days from date of demand.
A: The decision, order or award of the arbitrator shall be final and executory after 10 calendar days
from receipt of the copy of said award/decision and shall not be a subject for an MR.
A: Under Article 261, the award of voluntary arbitrators acting within the scope of their authority
determines the rights of the parties and their decisions have the same legal effects as judgment of the
courts. Such decisions on matters of fact and law are conclusive.
Q: WHO MAY ISSUE THE WRIT OF EXECUTION IN CASE OF ABSENCE OR INCAPACITY OF THE
ARBITRATOR WHO ISSUED THE AWARD/DECISION?
A: Upon motion of any interested party, the arbitrator or Labor Arbiter in the region where the movant
decides, in case of absence/incapacity for any reason of the arbitrator who issued the award/decision,
may issue a writ of execution requiring either the Sheriff of the Commission or regular courts or any
public officer whom the parties may designate in the submission agreement to execute the final
decision/award
A: Yes. Both the employer and the bargaining representative of the employees are required to go
through the grievance machinery in case a grievance arises
RATIO:
• It is logical, just and equitable that whoever is aggrieved should initiate settlement of grievance
through grievance machinery
A:
• Under the CBA, the department head shall act on the grievance within 5 days from the date of
presentation; otherwise, the grievance must be resolved in favor of the aggrieved party.
• A must provision in any CBA and no collective agreement can be registered in the absence of
such procedure.
• Although the provision mentions “parties to a CBA” it does not mean that a grievance machinery
cannot be set up in a CBA-less enterprise. In any workplace where grievance can arise, a
grievance machinery can be established
• Part of the continuous process of collective bargaining intended to promote a friendly dialogue
between labor and management as a means of maintaining industrial peace
A: It is a contractual proceeding where parties to a dispute select a judge of their own choice and by
consent submit their controversy to him for determination
A: The Labor Arbiter NOT Grievance Machinery has Jurisdiction over Actual Termination Disputes and
over complaints for illegal dismissal filed by workers who were dismissed pursuant to the union
security clause in the CBA; where the dispute between the union and the company on one hand and
some union and non-union members on the other, the same must be settled by an impartial body.
A:
• Decisions of voluntary arbitrators must be give the highest respect and as a general rule must be
accorded a certain measure of finality.
• Such decisions are final and inappealable except when there is want of jurisdiction, grave abuse
of discretion, and violation of due process, denial of substantial justice or erroneous
interpretation of the law.
• Arbitrators, by the nature of their functions, act in a quasi-judicial capacity (BP 129, as amended
by RA 7902); where a question of law is involved or there’s abuse of discretion, courts will not
hesitate to pass upon review of his acts.
• Proper remedy from an adverse decision of the voluntary arbitrator is a petition for review under
Rule 43 of the Revised Rules of Court which must be filed with the Court of Appeals within 15
days from notice of the decision of the voluntary arbitrator. The special civil action of certiorari is
not and cannot be sustained for an appeal.
A: The parties to a collective bargaining agreement shall provide therein a proportionate sharing
scheme on the cost of voluntary arbitration including the voluntary arbitrator’s fee.
Arts. 263-264
STRIKES AND LOCKOUTS
Q: WHAT IS A STRIKE?
• 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.
• Not all concerted activities are strikes; they may only be protest actions — they do not necessarily
cause work stoppage by the protesters. A strike in contrast is always a group action accompanied
by work stoppage.
Q: WHAT IS A LOCKOUT?
A: It is the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Q: WHAT IS PICKETING?
A: It is the act of marching to and fro the employer’s premises which is usually accompanied by the
display of placards and other signs, making known the facts involved in a labor dispute. It is an exercise
of one’s freedom of speech.
Q: WHO IS A STRIKE-BREAKER?
A: A strike-breaker is any person who obstructs, impedes or interferes by force, violence, coercion,
threats or intimidation any peaceful picketing by employees during any labor controversy affecting
wages, hour or conditions of work or in the exercise of the right to self-organization or collective
bargaining.
A: It is the establishment, warehouse, depots, plants or offices, including the sites or premises used as
runaway shops of the employer struck against, as well as the immediate vicinity actually used by
picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.
A:
1. Sit-down strike: characterized by a temporary work stoppage of workers who thereupon seize or
occupy property of the employer or refuse to vacate the premises of the employer.
Illegal – amounts to a criminal act because the employees trespass on their premises of the
employer.
2. Wildcat strike: a work stoppage that violates the labor contract and is not authorized by the union.
Illegal – invalid because it fails to comply with certain requirements of the law to wit: notice of
strike, vote and report on strike vote.
3. Slowdown: strike on the installment plan; an activity by which workers, without complete stoppage
of work, retard production or their performance of duties and function to compel management to
grant their demands.
Illegal – employees work on their own terms; while the employees continue to work and remain in
their positions and accept wages paid to them, they at the same time select what part on their
allotted tasks they care to perform on their own volition or refuse openly or secretly.
4. Sympathetic strike: work stoppages of workers of one company to make common cause with other
strikers or other companies without demands or grievances of their own against the employer.
Illegal – there is no labor dispute between the workers who are joining the strikers and the latter’s
employer.
5. Secondary strikes: work stoppages of workers of one company to exert pressure on their
employer so that the latter will in turn bring pressure upon the employer of another company with
whom another union has a labor dispute.
6. ‘Welga ng Bayan’: a political strike and therefore there is neither a bargaining deadlock nor any
ULP.
A:
• Deadlock in CBA (economic)
• ULP (political)
A:
AS TO NATURE:
ECONOMIC: voluntary strike because the employee will declare a strike to compel management to
grant its demands
ULP STRIKE: involuntary strike; the labor organization is forced to go on strike because of the ULP
committed against them by the employer. It is an act of self-defense since the employees are being
pushed o the wall and their only remedy is to stage a strike
ECONOMIC: the collective bargaining agent of the appropriate bargaining unit can declare an
economic strike.
ULP STRIKE: either: collective bargaining agent or the legitimate labor organization in behalf of its
members.
AS TO THE COOLING-OFF PERIOD
ECONOMIC STRIKE: 30 days from notice of strike before the intended date of actual strike subject to the 7-
day strike ban.
ULP STRIKE: The cooling off period may be dispensed with, and the union may take immediate
action in case of dismissal from employment of their officers duly elected in accordance with the
union’s Constitution and by-laws, which may constitute union busting where the existence of the
union is threatened
it must still observe the mandatory 7-day (strike ban) period before it can stage a valid strike
Q: WHAT ARE THE CHARACTERISTICS OF STRIKES?
A:
• There is an established relationship between the strikers and the persons against whom the
strike is called.
• 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
men’s demands.
• 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.
• The work stoppage is done through the concerted action of the employees.
• The striking group is a legitimate labor organization, and in case of bargaining deadlock, is the
employees’ sole bargaining representatives.
A:
-Purpose Test: the strike must be due to either bargaining deadlock and/or
-ULP
A:
1. Notice of Strike
2. 30/15-day cooling off period before the intended date of actual strike subject to the 7-day strike
ban cooling off period:
• that period of time given by the NCMB to mediate and conciliate the parties
• that span of time allotted by law for the parties to settle their disputes in a peaceful manner
before staging a strike or lockout
3. Strike Vote: a requirement wherein the decision to declare a strike must be:
4. 7-day Strike Ban: a 7-day waiting period before the date of the purported strike (within which the
union intending to conduct a strike must at least submit a report to DOLE as to the result of the strike
vote) intended to give DOLE an opportunity to verify whether the projected strike really carries the
imprimatur of the majority of the union members in addition to the cooling off period before actual
strike. Cooling off and waiting period may be done simultaneously.
A: It states that a strike may be legal at its inception but eventually be declared illegal if the strike is
accompanied by violence which is widespread, pervasive and adopted as a matter of policy and not
merely violence which is sporadic which normally occur in a strike area
A: A strike may be considered legal where the union believed that the company committee ULP and
the circumstances warranted such belief in GF, although subsequently such allegations of ULP are
found out as not true
A: Expressions of an opinion by an employer which, though innocent in them, frequently were held to
be culpable based on the following:
A:
• There exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest
• The Secretary may decide it or certify the same to NLRC for compulsory arbitration
• Prior notice or hearing be given to parties not necessary as justified by the exigency of the
situation in relation to national interests
A:
• It automatically enjoins the intended or impending strike or lockout, as specified in the
assumption or certification order.
• If one has already taken place at the time of assumption or certification, all striking or locked out
employees shall immediately return to work.
• The employer shall immediately resume operations and readmit all workers under the same
terms and conditions prevailing before the strike or lockout.
MR does not suspend the effects, as the assumption order is immediately executory.
A: G.R NO. Strikers are NOT entitled to their wages during the period of a strike even if the strike is
legal.
A: in case of ULP strike, in the discretion of the authority deciding the case:
• Where the strikers voluntarily and unconditionally offered to return to work, but the employer
refused to accept the offer
• They are entitled to back wages from the date the offer was made
• When there is return-to-work order and the employees are discriminated against other
employees
A: G.R.: Striking employees are entitled to reinstatement, regardless of whether or not the strike was
the consequence of the employer’s ULP because while out on strike, the strikers are not considered to have
abandoned their employment, but rather have only ceased from their labor; the declaration of a strike is not a
renunciation of employment relation.
• Any striker or union who knowingly participates in the commission of illegal acts during the strike.
• Those union members who have joined an illegal strike but have not committed any illegal act
shall be reinstated but without backwages.
A:
• It shall be the duty of the striking employees or locking-out employer to provide and maintain an
effective skeletal workforce of medical and other health personnel for the duration of the strike or
lockout.
• The Secretary of Labor may immediately assume jurisdiction within 24 hours from knowledge of
the occurrence of such strike or lockout or certify it to the NLRC for compulsory arbitration.
Art. 264
PROHIBITED ACTIVITIES
A:
No Labor organization or employer shall declare a strike/lockout:
• Without first having bargained collectively in accordance with Title VII of this Book; or
• Without the necessary strike/lockout vote first having obtained and reported in DOLE.
A:
• After assumption of jurisdiction by the President or the Secretary or
• During the pendency of cases involving the same grounds for the strike/lockout
A: No. No person (third person) shall obstruct, impede or interfere by force, violence, coercion, threats
or intimidation:
• During any labor controversy or in the exercise of the right of self-organization or collective
bargaining or
A: No. No employer shall use or employ any strikebreaker nor shall any person be employed as a
strike-breaker
SUBMISSION TO VOLUNTARY ARBITRATION:
A: It refers to the mode of settling labor-management disputes by which the parties select a
competent, trained and impartial third person who shall decide on the merits of the case and whose
decision is final and executory. (Section 1 [d], Rule II, NCMB Revised Procedural Guidelines in the
Conduct of Voluntary Arbitration Proceedings [Oct. 15, 2004]).
• Grievance remains unresolved: either party may serve notice upon the other of its decision to
submit the issue to voluntary arbitration.
• Party upon whom the notice is served failed/refused to respond within 7 days from receipt:
voluntary arbitrator/panel designated in the CBA shall commence arbitration proceedings.
• Parties fail to select voluntary arbitrator/panel: regional branch of NCMB shall designate voluntary
arbitrator/panel
A:
• Exclusive and original jurisdiction to hear and decide (rights disputes):
o All grievances arising from the implementation/interpretation of the CBA and those of
personnel policies which remain unresolved after exhaustion of the grievance procedure
o Wage distortion issues arising from application of any wage orders in organized
establishments
Q: CAN NLRC, ITS REGIONAL BRANCHES AND RDS OF DOLE ENTERTAIN DISPUTES,
GRIEVANCES, OR MATTERS UNDER THE EXCLUSIVE AND ORIGINAL JURISDICTION OF
THE VOLUNTARY ARBITRATOR/PANEL?
A: No. NLRC, its regional branches and RDs of DOLE shall NOT entertain disputes, grievances, or
matters under the exclusive and original jurisdiction of the voluntary arbitrator/panel and shall immediately
dispose and refer the same to the appropriate grievance machinery or voluntary arbitration in the CBA.
Similar provisions stated in Article 261 Jurisdiction of voluntary arbitrator/panel over disputes/issues
(rights disputes):
• Violations of a CBA, except those that are gross in character, shall no longer be treated as ULP, and
shall be resolved as grievances under the CBA.
• Gross violations of CBA: flagrant/malicious refusal to comply with the economic provisions of CBA.
A: Yes. Under Article 262, all other disputes including ULP and bargaining deadlocks (interest
disputes) may by agreement of parties be also submitted to voluntary arbitration.
A: Yes. Under Article 263 (h) even “national interest” disputes may, be submitted by the parties to
voluntary arbitration before or at any stage of the compulsory arbitration process.
A:
• All parties to the dispute shall be entitled to attend to arbitration proceedings.
• Unless parties agree otherwise, mandatory for the arbitrator to render award/decision within 20
days from date of submission of resolution.
• Failure of the arbitrator to render a decision, resolution, award, order within the prescribed
period, upon complaint of a party, is a sufficient ground for NCMB to discipline said arbitrator.
• If the recommended sanction is de-listing, it is unlawful for the arbitrator to refuse/fail to turn over
to NCMB for its further disposition the records of the case within 10 days from date of demand.
A: The decision, order or award of the arbitrator shall be final and executory after 10 calendar days
from receipt of the copy of said award/decision and shall not be a subject for an MR.
A: Under Article 261, the award of voluntary arbitrators acting within the scope of their authority
determines the rights of the parties and their decisions have the same legal effects as judgment of the
courts. Such decisions on matters of fact and law are conclusive.
Q: WHO MAY ISSUE THE WRIT OF EXECUTION IN CASE OF ABSENCE OR INCAPACITY OF THE
ARBITRATOR WHO ISSUED THE AWARD/DECISION?
A: Upon motion of any interested party, the arbitrator or Labor Arbiter in the region where the movant
decides, in case of absence/incapacity for any reason of the arbitrator who issued the award/decision,
may issue a writ of execution requiring either the Sheriff of the Commission or regular courts or any
public officer whom the parties may designate in the submission agreement to execute the final
decision/award
A: Yes. Both the employer and the bargaining representative of the employees are required to go
through the grievance machinery in case a grievance arises
RATIO:
• It is logical, just and equitable that whoever is aggrieved should initiate settlement of grievance
through grievance machinery
A:
• Under the CBA, the department head shall act on the grievance within 5 days from the date of
presentation; otherwise, the grievance must be resolved in favor of the aggrieved party.
• A must provision in any CBA and no collective agreement can be registered in the absence of
such procedure.
• Although the provision mentions “parties to a CBA” it does not mean that grievance machinery
cannot be set up in a CBA-less enterprise. In any workplace where grievance can arise, a
grievance machinery can be established
• Part of the continuous process of collective bargaining intended to promote a friendly dialogue
between labor and management as a means of maintaining industrial peace
A: It is a contractual proceeding where parties to a dispute select a judge of their own choice and by
consent submit their controversy to him for determination
A: The Labor Arbiter NOT Grievance Machinery has Jurisdiction over Actual Termination Disputes and
over complaints for illegal dismissal filed by workers who were dismissed pursuant to the union
security clause in the CBA; where the dispute between the union and the company on one hand and
some union and non-union members on the other, the same must be settled by an impartial body.
A:
• Decisions of voluntary arbitrators must be give the highest respect and as a general rule must be
accorded a certain measure of finality.
• Such decisions are final and inappealable except when there is want of jurisdiction, grave abuse
of discretion, violation of due process, denial of substantial justice or erroneous interpretation of
the law.
• Arbitrators by the nature of his functions acts in a quasi-judicial capacity (BP 129, as amended
by RA 7902); where a question of law is involved or there’s abuse of discretion, courts will not
hesitate to pass upon review of his acts.
• Proper remedy from an adverse decision of the voluntary arbitrator is a petition for review under
Rule 43 of the Revised Rules of Court which must be filed with the Court of Appeals within 15
days from notice of the decision of the voluntary arbitrator. The special civil action of certiorari is
not and cannot be sustained for an appeal.
A:
f. Nature of the case;
g. Time consumed in hearing the case;
h. Professional standing of voluntary arbitrator;
i. Capacity to pay the parties; and
j. Fees provided for in the Revised Rules of Court.
Arts. 263-264
STRIKES AND LOCKOUTS
Q: WHAT IS A STRIKE?
• 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.
• Not all concerted activities are strikes; they may only be protest actions — they do not necessarily
cause work stoppage by the protesters. A strike in contrast is always a group action accompanied
by work stoppage.
Q: WHAT IS A LOCKOUT?
A: It is the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Q: WHAT IS PICKETING?
A: It is the act of marching to and fro the employer’s premises which is usually accompanied by the
display of placards and other signs, making known the facts involved in a labor dispute. It is an exercise
of one’s freedom of speech.
Q: WHO IS A STRIKE-BREAKER?
A: A strike-breaker is any person who obstructs, impedes or interferes by force, violence, coercion,
threats or intimidation any peaceful picketing by employees during any labor controversy affecting
wages, hour or conditions of work or in the exercise of the right to self-organization or collective
bargaining.
A: It is the establishment, warehouse, depots, plants or offices, including the sites or premises used as
runaway shops of the employer struck against, as well as the immediate vicinity actually used by
picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.
A:
1. Sit-down strike: characterized by a temporary work stoppage of workers who thereupon seize or
occupy property of the employer or refuse to vacate the premises of the employer.
Illegal – amounts to a criminal act because the employees trespass on their premises of the
employer.
2. Wildcat strike: a work stoppage that violates the labor contract and is not authorized by the union.
Illegal – invalid because it fails to comply with certain requirements of the law to wit: notice of
strike, vote and report on strike vote.
3. Slowdown: strike on the installment plan; an activity by which workers, without complete stoppage
of work, retard production or their performance of duties and function to compel management to
grant their demands.
Illegal – employees work on their own terms; while the employees continue to work and remain in
their positions and accept wages paid to them, they at the same time select what part on their
allotted tasks they care to perform on their own volition or refuse openly or secretly.
4. Sympathetic strike: work stoppages of workers of one company to make common cause with other
strikers or other companies without demands or grievances of their own against the employer.
Illegal – there is no labor dispute between the workers who are joining the strikers and the latter’s
employer.
5. Secondary strikes: work stoppages of workers of one company to exert pressure on their
employer so that the latter will in turn bring pressure upon the employer of another company with
whom another union has a labor dispute.
6. ‘Welga ng Bayan’: a political strike and therefore there is neither a bargaining deadlock nor any
ULP.
A:
• Deadlock in CBA (economic)
• ULP (political)
A:
AS TO NATURE:
ECONOMIC: voluntary strike because the employee will declare a strike to compel management to
grant its demands
ULP STRIKE: involuntary strike; the labor organization is forced to go on strike because of the ULP
committed against them by the employer. It is an act of self-defense since the employees are being
pushed o the wall and their only remedy is to stage a strike
ECONOMIC: the collective bargaining agent of the appropriate bargaining unit can declare an
economic strike.
ULP STRIKE: either: collective bargaining agent or the legitimate labor organization in behalf of its
members.
AS TO THE COOLING-OFF PERIOD
ECONOMIC STRIKE: 30 days from notice of strike before the intended date of actual strike subject
to the 7-day strike ban.
ULP STRIKE: The cooling off period may be dispensed with, and the union may take immediate
action in case of dismissal from employment of their officers duly elected in accordance with the
union’s Constitution and by-laws, which may constitute union busting where the existence of the
union is threatened
it must still observe the mandatory 7-day (strike ban) period before it can stage a valid strike
• 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
men’s demands.
• 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.
• The work stoppage is done through the concerted action of the employees.
• The striking group is a legitimate labor organization, and in case of bargaining deadlock, is the
employees’ sole bargaining representatives.
A:
-Purpose Test: the strike must be due to either bargaining deadlock and/or
-ULP
A:
1. Notice of Strike
2. 30/15-day cooling off period before the intended date of actual strike subject to the 7-day strike
ban cooling off period:
• that period of time given by the NCMB to mediate and conciliate the parties
• that span of time allotted by law for the parties to settle their disputes in a peaceful manner
before staging a strike or lockout
3. Strike Vote: a requirement wherein the decision to declare a strike must be:
4. 7-day Strike Ban: a 7-day waiting period before the date of the purported strike (within which the
union intending to conduct a strike must at least submit a report to DOLE as to the result of the strike
vote) intended to give DOLE an opportunity to verify whether the projected strike really carries the
imprimatur of the majority of the union members in addition to the cooling off period before actual
strike. Cooling off and waiting period may be done simultaneously.
A: It states that a strike may be legal at its inception but eventually be declared illegal if the strike is
accompanied by violence which is widespread, pervasive and adopted as a matter of policy and not
merely violence which is sporadic which normally occur in a strike area
A: A strike may be considered legal where the union believed that the company committee ULP and
the circumstances warranted such belief in GF, although subsequently such allegations of ULP are
found out as not true
A: Expressions of an opinion by an employer which, though innocent in them, frequently were held to
be culpable based on the following:
A:
• There exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest
• The Secretary may decide it or certify the same to NLRC for compulsory arbitration
• Prior notice or hearing be given to parties not necessary as justified by the exigency of the
situation in relation to national interests
A:
• It automatically enjoins the intended or impending strike or lockout, as specified in the
assumption or certification order.
• If one has already taken place at the time of assumption or certification, all striking or locked out
employees shall immediately return to work.
• The employer shall immediately resume operations and readmit all workers under the same
terms and conditions prevailing before the strike or lockout.
MR does not suspend the effects, as the assumption order is immediately executory.
A: G.R NO. Strikers are NOT entitled to their wages during the period of a strike even if the strike is
legal.
A: in case of ULP strike, in the discretion of the authority deciding the case:
• Where the strikers voluntarily and unconditionally offered to return to work, but the employer
refused to accept the offer
• They are entitled to back wages from the date the offer was made
• When there is return-to-work order and the employees are discriminated against other
employees
Q: WHEN MAY A SECRETARY OF LABOR ASSUME JURISDICTION OVER A STRIKE? WHAT ARE THE
EFFECTS?
A: There exists a labor dispute causing or likely to cause a strike or lockout in an industry
indispensable to the national interest. The Secretary may decide it or certify the same to NLRC for
compulsory arbitration. Prior notice or hearing be given to parties not necessary as justified by the exigency
of the situation in relation to national interests
Q: EFFECTS OF THE ASSUMPTION OF JURISDICTION BY THE SECRETARY:
A: It automatically enjoins the intended or impending strike or lockout, as specified in the assumption
or certification order, if one has already taken place at the time of assumption or certification, all striking or
locked out employees shall immediately return to work, the employer shall immediately resume operations
and readmit all workers under the same terms and conditions prevailing before the strike or lockout
MR does not suspend the effects as the assumption order is immediately executory.
A: G.R.: Strikers are NOT entitled to their wages during the period of a strike even if the strike is
legal
XPN:
In case of ULP strike, in the discretion of the authority deciding the case where the strikers voluntarily and
unconditionally offered to return to work, but the employer refused to accept the offer. They are entitled to
back wages from the date the offer was made and when there is return-to-work order and the employees are
discriminated against other employees they are entitled to back wages from the date of discrimination
A: G.R.: Striking employees are entitled to reinstatement, regardless of whether or not the strike was
the consequence of the employer’s ULP because while out on strike, the strikers are not considered to have
abandoned their employment, but rather have only ceased from their labor; the declaration of a strike is not a
renunciation of employment relation.
A:
• Union officers who knowingly participate in the illegal strike.
• Any striker or union who knowingly participates in the commission of illegal acts during the strike.
• Those union members who have joined an illegal strike but have not committed any illegal act
shall be reinstated but without backwages.
A:
• It shall be the duty of the striking employees or locking-out employer to provide and maintain an
effective skeletal workforce of medical and other health personnel for the duration of the strike or
lockout.
• The Secretary of Labor may immediately assume jurisdiction within 24 hours from knowledge of
the occurrence of such strike or lockout or certify it to the NLRC for compulsory arbitration.
Stamford Marketing Corp., vs. Julian, [G. R. No. 145496, February 24, 2004], SC ruled that a strike
conducted by a union which has not been shown to be a legitimate labor organization, is illegal. Under Article
263 [c], only a legitimate labor organization is entitled to file a notice of strike on behalf of its members. While
the right to strike is specifically granted by law, it is a remedy which can only be availed of by a legitimate
labor organization. Absent a showing as to the legitimate status of the labor organization, said strike would
have to be considered as illegal.
PLDT vs. Manggagawa ng Komunikasyon sa Pilipinas, [G. R. No. 162783, July 14, 2005], Secretary of
Labor and Employment Patricia Sto. Tomas certified the labor dispute to the NLRC for compulsory
arbitration. In her order, she directed the return to work of all strikers “except those who were terminated due
to redundancy.” In setting aside this “qualified” return-to-work order for being contrary to law, the Court of
Appeals observed that:
“The phrase ‘all striking or locked-out employees’ and ‘readmit all workers’ does not distinguish or qualify and
emphatically is a catch-all embracing enumeration of who should be returned to work. ‘Where the law does
not distinguish, courts should not distinguish.
Art. 264
PROHIBITED ACTIVITIES
A:
a. Labor Organizations
No Labor organization or employer shall declare a strike/lockout:
Without first having bargained collectively in accordance with Title VII of this Book or
Without first having filed the notice required in Art. 263 or
Without the necessary strike/lockout vote first having obtained and reported in DOLE
c. Third Persons
No person (third person) shall 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 self-organization or collective bargaining or shall aid or abet such obstruction or interference
d. Employers
No employer shall use or employ any strike-breaker nor shall any person be employed as a strike-
breaker
e. Public Official
No public official or employee, including officers and personnel of the New Armed Forces of the Phil.,
of the Integrated National Police, or armed persons: shall bring in, introduce, or escort in any manner, any
individual who seeks to replace strikes in entering or leaving the premises of a strike area or work in place of
the strikers. The police force shall keep out of picket lines unless actual violence or other criminal acts occur
therein
Provided that nothing herein shall be interpreted to prevent any public officers from taking any measure
necessary to:
maintain peace and order
protect life and property
enforce the law and legal order
Strike declared DESPITE assumption of Certification Order: declared ILLEGAL if still continued or
undertaken
A:
• After assumption of jurisdiction by the President or the Secretary or
• During the pendency of cases involving the same grounds for the strike/lockout
A: No. No person (third person) shall obstruct, impede or interfere by force, violence, coercion, threats
or intimidation:
• During any labor controversy or in the exercise of the right of self-organization or collective
bargaining or
A: No. No employer shall use or employ any strikebreaker nor shall any person be employed as a
strike-breaker
A referendum A referendum
conducted by conducted by
NCMB on or NCMB for the
before the 30th purpose of
day of the strike, determining
for the purpose of whether or not the
determining reduced offer of the
whether or not the union is acceptable
improved offer of to the board of
the employer is directors, trustees
acceptable to the or partners
union members
Purpose
To determine To determine
whether or not the whether or not
improved offer of reduced offer of the
the employer is union is acceptable
acceptable to the to the employer
union members
Period of filing
Limitation
Art. 266
ARREST AND DETENTION
A:
G.R.: A police officer CANNOT arrest or detain a union member for union activities WITHOUT previous
consultations with the Secretary of Labor
XPNS: (incidences pertaining to)
national security
public peace
commission of crimes
Arts. 278-287
POST EMPLOYMENT
A: G.R.: Apply to all establishments and undertakings, whether operated for profit or not, including
educational, medical, charitable and religious institutions and organizations in cases of regular employment
XPN: Government and its political subdivisions including GOCC.M
TERMINATION OF EMPLOYMENT
Q: What are the reliefs available to an illegally dismissed employee under the Labor Code and the
Civil Code?
A:
1. Reinstatement without loss of seniority rights and other privileges;
2. Full back wages, inclusive of allowances;
3. Other benefits or their monetary equivalent;
4. Damages (moral, exemplary, if the dismissal is with malice or effected in bad faith);
5. Attorney’s fees (10% of all monetary awards).
[NOTE: Nos. 2 and 3 above are computed from the time the compensation was withheld from the employee
(date of dismissal) up to the time of his actual reinstatement. If reinstatement is not possible, the computation
is up to the time of finality of decision].
In case reinstatement is not possible, payment of separation pay in lieu thereof may be awarded, computed
at one month or one month pay per year of service, whichever is higher.
The reliefs mentioned above are not available to a legally dismissed employee. Any order of reinstatement
and award of back wages have, under such situation, no factual and legal bases. (Philippine Airlines, Inc. vs.
NLRC, G. R. No. 115785, August 4, 2000).
Q: What is Reinstatement?
A: It is the restoration of the employee to the State from which he has been unjustly removed or separated
without loss of seniority rights and other privileges
* Reinstatement under Articles 279 and 223 of the Labor Code, distinguished.
Reinstatement under Article 279 presupposes that the judgment has already become final and executory.
Consequently, there is nothing left to be done except the execution thereof. Reinstatement under Article
223 of the Labor Code, however, may be availed of as soon as the Labor Arbiter renders a judgment
declaring that the dismissal of the employee is illegal and ordering said reinstatement. It may be availed
of even pending appeal.
Q: May a court order the reinstatement of a dismissed employee even if the prayer of the complaint
did not include such relief?
A: 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 vs. NLRC, 219 S 549)
Pheschem Industrial Corporation vs. Moldez, [G. R. No. 161158, May 9, 2005], respondent’s omission to
pray for reinstatement in his position paper before the Labor Arbiter was not considered as an implied waiver
to be reinstated. It was considered a mere procedural lapse which should not affect his substantive right to
reinstatement. It is a settled principle that technicalities have no place in labor cases as rules of procedure
are designed primarily to give substance and meaning to the objectives of the Labor Code to accord
protection to labor.
HOWEVER, in Dela Cruz vs. NLRC, [G. R. No. 121288, Nov. 20, 1998, 299 SCRA 1, 13], the petitioner
therein would have been entitled to reinstatement as a consequence of his illegal dismissal from
employment. However, by expressly asking for separation pay, he is deemed to have opted for separation
pay in lieu of reinstatement.
Q: What happens if there is an order of reinstatement but the position is no longer available?
Q: Give some Circumstances when a company may NOT reinstate an employees DESPITE order of
reinstatement
A:
1. Transfer of business ownership: there is no law requiring a purchasing corporation to absorb the
employees of the selling corporation. A fortiori, reinstatement of unjustly dismissed employees cannot be
enforced against the new owner UNLESS there is an express agreement on the assumption of liabilities by
the purchasing corporation
5. Doctrine of strained relations: depends upon circumstances and cannot be applied with impunity.
Strained relations may be invoked only against employees whose positions demand trust and confidence, or
whose differences with their employer are of such nature or degree as to preclude reinstatement
Long period of time that elapsed without any settlement of the case does not, by itself, indicate the
existence of strained relations. In Palmeria vs. NLRC, [G. R. No. 113290-91, Aug. 3, 1995 HOWEVER,
Criminal prosecution confirms the existence of “strained relations” which would render the employee’s
reinstatement highly undesirable. (RDS Trucking, vs. NLRC, G. R. No. 123941, Aug. 27, 1998).
II. BACKWAGES
Q: What do you mean by Back wages?
A: It is the relief given to an employee to compensate him for lost earnings during the period of his dismissal
Period covered: shall cover the period from the date of dismissal of the employee up to the date of actual
reinstatement.
Q: What are the Circumstances that prevent the award of back wages?
A:
1. Death of the employee
2. Physical and mental incapacity
3. Business reverses
4. Closure of business
5. Reinstatement of dismissed employee
6. Confinement in jail
OTHER benefits or their monetary equivalent computed from the time his compensation was withheld from
him up to the time of his actual reinstatement
OFWs are not entitled to the reliefs under Article 279. The proper basis for the monetary awards of the
overseas Filipino workers (OFWs) is Section 10 of R. A. No. 8042 and not Article 279 of the Labor Code.
Consequently, the remedies provided for under Article 279 such as reinstatement, or separation pay in lieu of
reinstatement or full back wages, are not available to OFWs. This is so because the OFWs are contractual
employees whose rights and obligations are governed primarily by the Rules and Regulations of the POEA
and, more importantly, by R. A. No. 8042. (Gu-Miro vs. Adorable, G. R. No. 160952, Aug. 20, 2004).
Security of tenure enjoyed only for the period of the contract: if the contract of employment fixes a period,
the employee enjoys security of tenure only for such period. The moment the period expires, the
constitutional protection can no longer be invoked. The employer may or may not elect to renew the
contract.
Philippine Industrial Security Agency Corporation vs. Aguinaldo, [G. R. No. 149974, June 15, 2005]:
“In constructive dismissal, the employer has the burden of proving that the transfer and demotion of an
employee are for just and valid grounds such as genuine business necessity. The employer must be able to
show that the transfer is not unreasonable, inconvenient, or prejudicial to the employee. It must not involve a
demotion in rank or a diminution of salary and other benefits. If the employer cannot overcome this burden of
proof, the employee’s demotion shall be tantamount to unlawful constructive dismissal.”
Q: What is Resignation? (Take note that the definition in Labor Law is different from how the Supreme
Court defined resignation in Political Law)
A: It is the voluntary act of an employee who finds himself in a situation where he believes that personal
relations can be sacrificed in favor of the exigency of the service, and he has no other choice but to
dissociate himself from his employment.
Art. 280
REGULAR AND CASUAL EMPLOYMENT
PROJECT REGULAR
Q: What is temporary employment or employment for
EMPLOYEE EMPLOYEE
a fixed specific period?
A: It is one wherein an employee is engaged to work on a
specific project or undertaking which is usually necessary - employment is - a regular employee
or desirable in the usual business or trade of the fixed for a specific is one engaged to
employer, the completion of which has been determined project or perform activities
at the time of the engagement of the employee undertaking the which are usually
he/she does not become a regular employee completion of necessary or
employment is coterminous with the specific which has been desirable in the usual
period determined at the business or trade of
time of the the employer
Q: What is Seasonal employment? engagement of
A: It is one wherein an employee is engaged to work the employee
during a particular season on an activity that is usually
necessary or desirable in the usual business or trade of
the employer
pakiao employees are considered employees as long as the employer exercises control over the
means by which such workers are to perform their work
employee are considered a regular employee insofar as the season to which he was employed
is concerned
during the off-season, his employment is merely suspended not terminated
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
Q: What are the limitations on the employer’s power to terminate a probationary employment
contract?
A:
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 requires,
then that form must be used (within particular prescribed time)
3. The employer’s dissatisfaction must be real and in GF, not feigned so as to circumvent the contract or the
law (dissatisfaction – real and in GF)
4. there must be no unlawful discrimination in the dismissal
G.R.: Probationary employment shall NOT exceed 6 months from the date the employee started working.
XPNS:
1. When it is covered by an apprenticeship agreement stipulating a longer period; or
Effect if probationary employee is allowed to work beyond 6 months/agreed probationary period: said
employee becomes a regular employee by operation of law
‘an employee who is allowed to work after a probationary period shall be considered a regular
employee’ (Article 281, last sentence)
A cause must be due to the voluntary and willful act or omission of the employee
In the situations mentioned below, hearing is not required to be conducted by the employer in order for the
termination to be valid.
a. Admission of guilt by employee.
b. Termination due to authorized causes under Article 283; but prior notice is required.
c. Termination due to disease under Article 284.
d. Termination by the employee (resignation).
e. Termination after 6 months of bona-fide suspension of operation.
f. Termination due to expiration of fixed-period employment.
g. Termination of casual employment.
h. Termination due to completion of project in project employment.
i. Termination due to lapse of season in case of seasonal employment.
j. Termination due to expiration of period of probationary employment.
k. Termination due to expiration of tenure made coterminous with lease.
l. Termination due to expiration of contractual employment.
m. Termination due to abandonment.
n. Termination due to closure or stoppage of work by government authorities.
Q: What is the process to be observed by the employer for termination of the employment based on
any of the just causes for termination?
A: The requirements of due process that an employer must comply with are:
a. written notice should be served to the employee specifying the ground/s for termination and giving the
said employee reasonable opportunity within which to explain.
b. a hearing of conference should be held during which the employee concerned, with the assistance of
counsel, if the employee so desires, is given the opportunity to respond to the charge, present his evidence
and present the evidence presented against him.
c. a written notice of termination: if termination is the decision of the employer, it should be served on the
employee indicating that upon due consideration of all the circumstances, grounds have been established to
justify his termination
Note: For termination of employment to be based on authorized causes, the requirements of due
process shall be deemed complied with upon service of a written notice to the employee and
the appropriate RO of DOLE and employment at least 30 days before the effectivity of the
termination specifying the grounds for termination
In WENPHIL vs. NLRC (1989), it was held that where the employer had a valid reason to dismiss an
employee but did not follow the due process requirement, the dismissal may be upheld but the employer
will be penalized to pay an indemnity to the employee. This became known as the Wenphil or Belated Due
Process Rule.
On January 27, 2000, in SERRANO vs. NLRC, the rule on the extent of the sanction was changed.
The Supreme Court held that the violation by the employer of the notice requirement in termination for just or
authorized causes WILL NOT CONSTITUTE a denial of due process that will nullify the termination.
However, the dismissal is ineffectual and the employer must pay FULL BACKWAGES from the time of
termination until it is judicially declared that the dismissal was for a just or authorized cause. Serrano was
confronting the practice of employers to “dismiss now and pay later” by imposing full back wages.
AGABON vs. NLRC (Nov. 17, 2004): After carefully analyzing the consequences of the divergent
doctrines in the law on employment termination, we believe that in cases involving dismissals for cause but
without observance of the twin requirements of notice and hearing, the better rule is to abandon the
Serrano doctrine and to follow Wenphil by holding that the dismissal was for just cause but imposing
sanctions on the employer. Such sanctions, however, must be stiffer than that imposed in Wenphil. By
doing so, this Court would be able to achieve a fair result by dispensing justice not just to employees, but to
employers as well. In said case, the SC awarded P30, 000 in the form of nominal damages. SC held that
this form of damages would serve to deter employers from future violations of the statutory due process
rights of employees.
In case of termination, the notices shall be served on the employee’s last known address. (Section 2, Rule I,
Book VI, Rules to Implement the Labor Code, as amended by Article III, Department Order No. 10, Series of
1997; Agabon vs. NLRC, G.R. No. 158693, Nov. 17, 2004).
Cruz vs. Coca-Cola Bottlers Phils., Inc., [G. R. No. 165586, June 15, 2005], the notices given to petitioner
were declared legally deficient. The first notice dated July 27, 1998, did not contain the particulars of the
charges nor the circumstances in which the violation happened. The notice was also couched in general
terms that it only mentions the specific sections and rule numbers of the Red Book that was violated without
defining what such violation was. A cursory reading of this notice likewise shows that it does not state that
petitioner was in fact facing a possible dismissal from the company. Consequently, petitioner was not
sufficiently apprised of the gravity of the situation he was in.
In Philippine Pizza, Inc. vs. Bungabong, [G. R. No. 154315, May 9, 2005], petitioners violated
respondent’s right to due process, particularly the requirement of first notice because the offense notice
petitioners gave to respondent is insufficient since it did not comply with the requirement of the law that the
first written notice must apprise the employee that his termination is being considered due to the acts stated
in the notice. The first notice issued in this case merely stated that respondent is being charged of dispensing
and drinking beer on December 5, 1997, around 11:30 to 11:45 p.m., and nothing more.
Duration: It should not last for more than 30 days. The employee should be made to resume to his
work after 30 days.
It can be extended provided the employee’s wages are paid after the 30day period
Q: What are the Authorized Causes of Termination by the Employer? (Articles 283-284)
A:
1. Installation of labor-saving devices (automation)
2. Redundancy (superfluity in the performance of a particular work): exists where the services of an
employee are in excess of what is reasonably demanded by the actual requirements of the enterprise
3. 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 Phil., Inc. vs. NLRC)
4. Retrenchment: cutting of expenses and includes the reduction of personnel; It is a management
prerogative, a means to protect and preserve the employer’s viability and ensure his survival. To be an
authorized cause it must be effected in GF and for the purposes of preventing losses and there should
be a certain degree of urgency for the retrenchment, which is after all a drastic recourse with serious
consequences for the livelihood of the employees retired or otherwise laid-off.
In the case of Allied Banking Corporation vs. CA, [G. R. No. 144412, November 18, 2003], An employee
could not validly refuse the lawful transfer orders on the ground of parental obligations, additional expenses,
and the anguish he would suffer if assigned away from his family. The Supreme Court distinguished transfer
from the Philippines to overseas post and transfer from city to city within the Philippines. The High Court
observed that the transfer of an employee to an overseas post, as in the Dosch vs. NLRC case, [208 Phil.
259; 123 SCRA 296 1983, (where the refusal of the employee was upheld as valid) cannot be likened to a
transfer from one city to another within the country, Consequently, the refusal to be transferred within the
Philippines based on personal grounds was considered willful disobedience of a lawful order.
Discrimination in any form from pre-employment to post employment including hiring, promotion or
assignment, based on the actual perceived or suspected HIV status of an individual is prohibited.
Termination from work on the sole basis of actual perceived or suspected HIV status is deemed
unlawful. (Sec. 35, RA 8504 HIV/AIDS Law)
Art. 283 governs the grant of separation benefits ‘in case of closure/cessation of operation of business
establishment’ not due to serious business losses/financial reverses
When termination of employment brought by failure of employee to meet the standards of employer
(probationary employment): sufficient that a written notice is served to the employee within the reasonable
time from the effective date of termination
Unless parties provide for broader inclusions, the term ‘1/2 month salary’ shall mean:
15 days plus 1/12 of the 13th month pay and
cash equivalent of not more than 5 days of service incentive leaves (22.5/year of service)
Section 26, RA 4670 (Magna Carta for Public School Teachers): public school teachers having fulfilled
the age and service requirements of the applicable retirement laws shall be given one range salary
raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement
pay and the monthly benefit thereafter.
Exempted from payment of retirement pay are retail service and agricultural establishments or operations
employing not more than 10 employees.
60 – 65 years of age: optional but the employee must have served at least 5 years
Arts. 288-302
TRANSITORY AND FINAL PROVISIONS
Q: What are the penalties provided for in Art. 288 of the Labor Code?
A: Any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished
XPNS:
as otherwise provided in this Code; or
the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an
existing collective bargaining agreement
Imprisonment: not less than 3 months nor more than 3 years, or both such fine and imprisonment at the
discretion of the court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of
sentence.
Any criminal offense punished in this Code: under the concurrent jurisdiction of the Municipal or City Courts
and the RTC. (As amended by Section 3, Batas Pambansa Bilang 70).
ART. 289
Q: Give the rules as regards the prescriptive period as provided for in the Labor Code?
A:
ART. 290. Offenses. – 3 years
ULP filed with the appropriate agency: within one (1) year from accrual of such ULP; otherwise,
forever barred.
ART. 291. Money claims. - 3 years from the time the cause of action accrued; otherwise forever barred.
All money claims accruing prior to the effectivity of this Code: within one (1) year from the date of
effectivity, in accordance with IRR; otherwise, they shall be forever barred.
Workmen’s compensation claims accruing prior to the effectivity of this Code and between November 1,
1974 - December 31, 1974 shall be filed not later The claims shall be processed and adjudicated in
accordance with the law and rules at the time their causes of action accrued.
ART. 292. Institution of money claims. - shall be filed before the appropriate entity independent of the
criminal action that may be instituted in the proper courts.
Pending the final determination of money claims cases filed, no civil action arising from the same
cause of action shall be filed with any court. This provision shall not apply to employees compensation
cases.
SPECIAL LAWS
PD 851
13TH MONTH PAY LAW
The 13th month pay shall mean 1/12 of the employee’s basic salary.
(2) in the case of non-profit institutions and organizations, where their income [whether from donations,
contributions, grants and other earnings] has consistently declined by more than 40% of their normal
income for the last 2 years.
However, to be considered exempted, there must be prior decree of the Secretary of Labor of their being a
distressed employer.
(b) The Government and any of its political subdivisions, including GOCCs
Except those corporations operating essentially as private subsidiaries of the Government;
(c) Employers already paying their employees 13-month pay [or more] or its equivalent;
Equivalent: includes Christmas bonus, mid-year bonus, profit-sharing payments and other cash bonuses
amounting to not less than 1/12th of the basic salary.
Where an employer pays less than 1/12th of the employee’s basic salary, the employer shall pay the
difference.
(d) Employers of household helpers and persons in the personal service of another; and
(e) Employers of those who are paid on purely commission, boundary, or task basis, and those who are
paid a fixed amount for performing a specific work, [irrespective of the time consumed in the performance
thereof]
except where the workers are paid on piece-rate basis in which case the employer shall be
covered by this issuance.
The employer has the option to choose when to give the 13 th month pay – one half before the opening of
the regular school year and the other half on or before the 24th day of December of every year.
Non-payment of the 13th month pay shall be treated as money claims cases – cognizable by the NLRC.
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.
RA 6657
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
The agrarian reform program is founded on the right of farmers and regular farm workers, who are landless,
to own directly or collectively the lands they till or, in the case of other farm workers, to receive a share of the
fruits thereof.
This land-sharing shall be subject to prior rights, homestead rights of small settlers and the rights of
indigenous communities to their ancestral lands.
The State shall protect the rights of subsistence fishermen to the preferential use of communal marine and
fishing resources. It shall provide support through appropriate technology and research, adequate financial,
production and marketing assistance and other services.
The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to
promote industrialization, employment and privatization of public sector enterprises.
Provided that:
Original homestead grantees or direct compulsory heirs -- who still own the original homestead --
shall retain the same areas as long as they continue to cultivate said homestead.
Provided, that in case the area selected for retention by the landowner is tenanted, the tenant shall
have the option:
1. to remain or
2. be a beneficiary in the same or another agricultural land with similar or comparable features.
If tenant chooses to remain, he shall be considered a leaseholder and shall lose his right to be a
beneficiary under this Act. In case the tenant chooses to be a beneficiary in another agricultural land, he
loses his right as a leaseholder.
The tenant must exercise this option within a period of one (1) year from the time the landowner
manifests his choice of the area for retention.
In Cooperatives/Associations:
Lands shall be distributed directly to the individual worker-beneficiaries.
In case it is NOT economically feasible to divide the land, they shall form a workers' cooperative
or association which will deal with the corporation or business association or any other proper party, for the
purpose of entering into a lease or growers agreement and for all other legitimate purposes.
The individual members of the cooperatives or corporations shall be provided with home lots and
small farm lots for their family use, to be taken from the land owned by the cooperative or corporation.
Ancestral Lands:
For purposes of this Act, ancestral lands of indigenous cultural community (lands in the actual,
continuous and open possession and occupation of the community and its members) shall be retained by
them.
Provided, That the Torrens System shall be respected.
(c) Lands used and found to be necessary for national defense, school sites and campuses,
including experimental farm stations operated educational purposes, seeds and seedlings research and pilot
production center, church sites and convents, mosque sites and Islamic centers, communal burial grounds
and cemeteries, penal colonies and penal farms, government and private research and quarantine centers
and all lands with 18% slope and over.
As additional factors:
1. Social and economic benefits contributed by the farmers and the farm workers and by government to the
property
2. Non-payment of taxes or loans secured from any government financing institution on the said land
A: The lands covered by the CARP shall be distributed as much as possible to landless residents of the
same barangay. In the absence thereof, landless residents of the same municipality in the following order of
priority:
(a) agricultural lessees and share tenants;
(b) regular farm workers;
(c) seasonal farm workers;
(d) other farm workers;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries; and
(g) others directly working on the land.
The children of landowners who are qualified shall be given preference in the distribution of the land of
their parents; AND that actual tenant -tillers in the landholding shall not be ejected or removed there from.
Beneficiaries shall be awarded an area not exceeding 3 hectares, which may cover a contiguous tract of
land or several parcels of land cumulated up to the prescribed award limits.
A: The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the
determination of just compensation to landowners, and the prosecution of all criminal offenses. The Rules of
Court shall apply to all such proceedings.
(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries to avail
themselves of the rights and benefits of the Agrarian Reform Program;
(c) The conversion by any landowner of his agricultural land into non-agricultural use with intent to
avoid the application of this Act to his landholdings and to dispossess his tenant farmers or the land tilled by
them;
(d) The willful prevention or obstruction by any person, association or entity of the implementation of
the CARP;
(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city
limits either in whole or in part.
(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary
right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this
Act.
RA 7877
ANTI-SEXUAL
HARASSMENT LAW
2. Any person who DIRECTS or INDUCES another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another, without which it
would not have been committed, shall also be held liable under this Act.
3.
1) In a WORK-RELATED or EMPLOYMENT ENVIRONMENT, sexual harassment is committed when:
a) The sexual favor is made as a condition:
i) in the hiring,
ii) employment,
iii) re-employment or
iv) continued employment of said individual, or
v) in granting said individual favorable compensation, terms of conditions, promotions, or privileges;
c) The above acts would impair the employee's rights or privileges under existing labor laws; or
d) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
a. Against one who is under the care, custody or supervision of the offender;
RA 8042
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT
OF 1995
II. Shall also include the following acts whether committed by any person, whether a non-
licensee, non-holder, licensee or holder of authority:
a. charging or accepting directly or indirectly any amount greater than the allowable fees (prescribed
by the Secretary of Labor and Employment), or to make a worker pay any amount greater than that
actually received by him as a loan or advance.
d. inducing or attempting to induce a worker already employed to quit his employment in order to
offer him another unless the transfer is designed to liberate a worker from oppressive terms and
conditions of employment.
e. influencing or attempting to influence any person or entity not to employ any worker who has not
applied for employment through his agency.
f. engaging in the recruitment or placement of workers in jobs harmful to public health or morality or
to the dignity of the Republic of the Philippines.
g. obstructing or attempting to obstruct inspection by the Secretary of Labor and Employment or by
his duly authorized representative.
h. failure to submit reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;
i. To substitute or alter to the prejudice of the worker, employment contracts approved and verified
by the DOLE
k. To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations
m. 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 worker's fault.
PENALTIES
1) penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years and a fine of not less than Two hundred thousand pesos (P200,000.00) nor more than Five
hundred thousand pesos (P500,000.00).
2) If the illegal recruitment constitutes economic sabotage penalty of life imprisonment and a fine of not less
than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00)
shall be imposed
Provided that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen
(18) years of age OR committed by a non-licensee or non-holder of authority.
Q: Who are the persons that are prohibited by from engaging the business of recruiting migrant
workers?
A:
1) unlawful for any official or employee
a) Department of Labor and Employment
b) Philippine Overseas Employment Administration (POEA)
c) Overseas Workers Welfare Administration (OWWA)
d) Department of Foreign Affairs, or
e) other government agencies involved in the implementation of this Act,
2) or their relatives within the fourth civil degree of consanguinity or affinity, to engage, directly or indirectly
in the business of recruiting migrant workers.
b) extend immediate assistance including the repatriation of distressed or beleaguered migrant workers
and other overseas Filipinos.
b) shall see to the grant of legal assistance and the referral to proper medical centers or hospitals
2.1) Philippine Overseas Employment Administration
(Subject to deregulation and phase-out as provided under Sections 29 and 30)
~The POEA shall regulate private sector participation in the recruitment and overseas
placement of workers by setting up a licensing and registration system.
~ formulate and implement a system for promoting and monitoring the overseas employment
of Filipino workers taking into consideration their welfare and the domestic manpower
requirements.
RA 8291
GOVERNMENT SERVICE INSURANCE SYSTEM ACT
OF 1997
1. Q: What are the purposes behind the enactment of the GSIS Act?
A: To provide and administer the following social security benefits for government employees:
• Compulsory life insurance
• Optional life insurance
• Retirement benefits
• Disability benefits to work-related contingencies; and
• Death benefits
A: All government employees receiving compensation, irrespective of employment status, who have NOT
reached the compulsory retirement age at the time of election or appointment.
All other government contractual and other employees as long as an employer-employee relationship
exist.
A: The National Government, its political subdivisions, branches, agencies, instrumentalities, including
government-owned or controlled corporations, and financial institutions with original charters, the
constitutional commissions and the judiciary.
A: Any person, receiving compensation while in the service of an employer as defined herein, whether by
election or appointment, irrespective of status of appointment, including barangay and sanggunian officials.
4. Q: For the purpose of benefit entitlement, how are the members classified?
2. policyholders
- covered for life insurance only
- can avail of policy loan privilege only
- may also apply for housing loans
- Judiciary and Constitutional Commissions
3. separated members
- former active members who have been separated from the service
- not entitled to any loan privilege
- may, however, apply for housing loans
4. retired members
- former active members who have retired from the service and are already enjoying the
corresponding retirement benefits applied for
- not entitled to any loan privilege, except stock purchase loan
A:
1. Legitimate spouse dependent for support upon the member or pensioner;
2. Legitimate, legitimated, legally adopted child, including the illegitimate child, who is
unmarried, not gainfully employed, not over the age of majority, or if over the age of majority, incapacitated
and incapable of self-support due to a mental or physical defect acquired prior to age of majority; and
A:
1. The legal dependent spouse until he/she remarries and
2. The dependent children.
A:
1. The dependent parents and
2. Subject to the restrictions on dependent children, the legitimate descendants.
Q: Define Compensation.
A: The basic pay or salary received by an employee, pursuant to his or her election or appointment,
excluding per diems, bonuses, overtime pay, honoraria, allowances and any other emoluments received in
addition to the basic pay which are not integrated into the basic pay under existing laws.
A: Membership in the GSIS shall take effect upon the employee’s actual assumption of duty pursuant to a
valid appointment or election and oath of office.
1. employees who have separate retirement schemes (members of the Judiciary, Constitutional
Commissions and others similarly situated)
2. contractual employees who have no employer-employee with the agencies they serve
3. uniformed members of the AFP, Bureau of Fire Protection and the Bureau of Jail Management and
Penology
Q: What are the benefits under PD 1146 (Revised GSIS Act of 1977) that may be granted to the
separated members of the PNP, BJMP and BFP?
A:
1. Old-Age Benefit
2. Permanent Disability Benefit
3. Survivorship Benefit
4. Funeral Benefit
5. Retirement Benefit
Q: What are the effects of separation from service with regard to membership?
A: A member separated from the service shall continue to be a member and shall be entitled to whatever
benefits he has qualified to.
A member separated for a valid cause shall automatically forfeit his benefits, unless the terms of resignation
or separation provide otherwise.
In the case of forfeiture, the separated employee shall be entitled to receive only of the ½ of the cash
surrender value of his insurance.
Members of the Judiciary and Constitutional Commissions shall pay 3% of their monthly compensation as
personal share and their employees a corresponding 3% share for their life insurance coverage.
Each employer shall remit directly to the GSIS the employer’s and employee’s contributions within the first
10 days of the calendar month following the month to which the contributions apply.
Note: The employer shall report annually to the GSIS the names of all of its employees, their corresponding
employment status, positions, salaries and other pertinent information. Subsequent changes in the
information, if any, shall be reported every month as they take place.
SEPARATION BENEFITS
Q: When will a member be entitled to Separation Benefits? What will compose these Separation
Benefits?
A: A member who has rendered a minimum of 3 years creditable service shall be entitled to separation
benefit upon resignation or separation under the following terms:
• cash payment equivalent to 18 times the basic monthly pension (BMP), payable at the time of
resignation or separation
• an old-age pension benefit equal to the basic monthly pension, payable monthly for life upon
reaching the age of 60.
UNEMPLOYMENT BENEFITS
A: It will consists of cash payment equivalent to 50% of the average monthly compensation
Note: A member who has rendered at least 15 years of service will be entitled to Separation benefits
instead of Unemployment benefits.
A:
a. the recipient must be a permanent employee at the time of separation;
b. his separation was involuntary due to the abolition of his office or position resulting from
reorganization; and
c. he has been paying the contribution for at least 1 year prior to separation.
RETIREMENT BENEFITS
A:
A member has rendered at least 15 years of service;
He is at least 60 years of age at the time of retirement; and
He is not receiving a monthly pension benefit from permanent total disability.
Note: If less than 15 years of service, the member may be allowed to continue in the service in accordance
with the existing Civil Service rules and regulations.
Q: What are the options of the retiree with regard to his/her retirement benefits?
2. cash payment equivalent to 18 times his BMP and monthly pension for life payable immediately.
In case of conflicting dates, the date in the birth or baptismal certificate shall prevail.
DISABILITY BENEFITS
Q: What are the causes in order that a disability benefit may be given?
A:
1. In case of loss or reduction of earning capacity.
2. Caused by a loss or impairment of the normal function of is physical and/or mental faculties.
b) besides a monthly income benefit for life, a cash payment equivalent to 18 times
his BMP ( Basic Monthly Pension) to a member who was in the service at the time of his permanent
total disability and who has paid a total of 180 monthly contributions shall also be given.
c) If the member does not satisfy the conditions above but has rendered at least 3
years service, he shall be advanced the cash payment equivalent to 100% of his AMC for each year
of service he has pad contributions but not less than P12,000.00 which should have been his
separation benefit [he shall no longer receive separation benefits]
Note: In general, benefit stops upon re-employment. In permanent total disability, however, member shall be
paid the corresponding benefit even if he is able to pursue a gainful occupation.
2.Permanent Partial
- accrues when there is complete but temporary incapacity to continue with one’s present work or to
engage in any gainful occupation due to the loss or impairment of the normal function of his physical and/or
mental faculties
• A member is entitled to cash payment equivalent to the BMP to be paid in accordance with the
schedule of disabilities or Table of Loss Percentage if he is qualified [same rules as permanent total]
3.Temporary Total
a) member is entitled to 5% of his current daily compensation for each day or
fraction thereof of total disability benefit, to start at the 4 th day but nor exceeding 120 days in one
calendar year when
- he has exhausted all sick leaves
-
b) if the disability requires more extensive treatment that lasts beyond 120 days, the
benefit may be extended but not to exceed a total of 240 days.
c) The temporary total disability benefits shall in no case be less than P70.00 a day.
d) A member cannot enjoy the temporary total disability benefit and sick leave pay
simultaneously,
A:
1. In case a member is re-employed; or
2. member recovers from disability as determined by the GSIS; or
3. fails to present himself for medical examination when required by the GSIS.
For injuries or illnesses resulting in a disability NOT listed in the schedule of partial/total disability, the GSIS
shall determine the nature of the disability and the corresponding benefits.
Note: An application for disability must be filed with the GSIS within 4 years from the date of the occurrence
of the contingency.
• In no case shall a member enjoy more than one disability benefit at any given time.
SURVIVORSHIP BENEFITS
A: When a member or pensioner dies, the beneficiaries shall be entitled to survivorship benefits.
Q: What are the factors to be considered with regard to the amount of benefits?
A: Status in the service at the time of death, length of service, and the monthly contribution to the GSIS.
if separated
- has at least 3 years of service at the time of death
- has paid 36 monthly contributions within the 5 year period preceding his death
- has paid a total of 180 monthly contributions prior to his death
the survivorship pension plus a cash payment equivalent to one hundred percent (100%) of his average
monthly compensation for every year of service: Provided, That the deceased was in the service at the
time of his death with at least three (3) years of service; OR
a cash payment equivalent to one hundred percent (100%) of his average monthly compensation for each
year of service he paid contributions, but not less than Twelve thousand pesos (P12,000.00): Provided,
That the deceased has rendered at least three (3) years of service prior to his death but does not qualify
for the benefits under item (1) or (2) of this paragraph.
Q: How is Survivorship Pension among Primary Beneficiaries allocated?
A:
1) when the dependent spouse is the only survivor, he/she shall receive the basic survivorship pension
for life or until he/she remarries;
2) when only dependent children are the survivors, they shall be entitled to the basic survivorship
pension for as long as they are qualified, plus the dependent children’s pension equivalent to 10% of
the basic monthly pension for every dependent child not exceeding 5, counted from the youngest
and without substitution;
3) when the survivors are the dependent spouse and the dependent children, the dependent spouse
shall receive the basic survivorship pension for life or until he/she remarries, and the dependent
children shall receive the dependent children’s pension mentioned in the immediately preceding
paragraph (2) hereof
Q: In case there are no primary beneficiaries, how will the survivorship benefits be allocated?
A: The secondary beneficiaries will be entitled to the cash payment equivalent to 100% of his average
monthly compensation for each year of service he paid contributions, but not less than P12,000.00:
Provided, That the member is in the service at the time of his death and has at least 3 years of service;
In the absence of secondary beneficiaries, the benefits under this paragraph shall be paid to his legal heirs.
For purposes of the survivorship benefits, legitimate children shall include legally adopted and legitimated
children.
FUNERAL BENEFITS
A: Cash not less than P12, 000.00 to be increased to at least P18, 000.00 after 5 years (specifically year
2002). The amount shall be determined and specified by the GSIS through an information circular
distributed to all employers for posting at their premises.
A:
1) all survivorship pensioners
2) those who have optional life insurance
A: All employees including the members of the Judiciary and the Constitutional Commissioners except for
Members of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), BFP and
BJMP, shall, under such terms and conditions as may be promulgated by the GSIS, be compulsory covered
with life insurance, which shall automatically take effect as follows:
those employed after the effectivity of this Act, their insurance shall take effect on the date of their
employment;
for those whose insurance will mature after the effectivity of this Act, their insurance shall be deemed
renewed on the day following the maturity or expiry date of their insurance;
for those without any life insurance as of the effectivity of this Act, their insurance shall take effect following
said effectivity.
A: A member may at any time apply for himself and/or his dependents:
Ordinary life
Limited payment life
Single Payment
Joint Life
Endowment
Term Insurance
Any employer may apply for group insurance coverage for its employees.
The payment of the premiums may be made by the insured or his employer and/or any person
acceptable to the GSIS.
- payment of at least the difference between the cash value of the policy at the time of
reinstatement and the total premium indebtedness
2. the lapsed pre-need plan may be reinstated/re-applied/ updated within a period of two years from date
of default
- upon payment of arrearages plus interest
- upon approval of the GSIS in writing
The rights and obligations of the insured/plan holder and the GSIS are set forth in the policy/plan issued to
the member or his dependents, in the application for optional life insurance/pre-need coverage.
A: Claims for benefits, except for life insurance and retirement, shall prescribe after 4 years from date of
contingency.
Q: Discuss the adjudication of claims and disputes regarding the GSIS benefits.
A: The quasi-judicial functions of the GSIS shall be vested in its Board of Trustees.
• The GSIS, in appropriate cases, or any person whose rights are or may be prejudiced by the
operations or enforcement of RA 8291 and other laws administered by the GSIS, may file a petition before
the GSIS either personally or through counsel.
• Within 15 days from receipt of the notice of decision or award, the aggrieved party may appeal the
decision of the GSIS Board of Trustees to the Court of Appeals.
• When no appeal is perfected and there is no order to stay by the Board, by the Court of Appeals or
by the Supreme Court, any decision or award of the Board shall be enforced and executed in the same
manner as decisions of the Regional Trial Court.
• For this purpose, the Board shall have the power to issue to the city or provincial sheriff or its
appointed sheriff such writs of execution as may be necessary for the enforcement of such decision or
award
Any person who shall fail or refuse to comply with such decision, award, writ or process after being required
to do so shall, upon application by the GSIS, be punished for contempt.
The social security benefits shall be EXEMPT from attachment, garnishment, execution, levy or other
processes issued by the courts, quasi-judicial bodies or administrative agencies including the Commission on
Audit, disallowances, and from all financial obligations of the members.
A:
1) Any person found to have participated in the commission of fraud, collusion, falsification, or
misrepresentation in any transaction with the GSIS, whether for him or for some other persons, shall
suffer the penalties provided for in Article 172 of the RPC.
2) Whoever shall obtain or receive any money or check invoking any provision of this Act
without being entitled thereto with the intent to defraud any member, any employer, the GSIS, or any
third party.
3) Whoever fails or refuses to comply with the provisions of this Act or with the rules and
regulations adopted by the GSIS.
4) The treasurer, finance officer, cashier, disbursing officer, budget officer or other official or
employee who fails to include in the annual budget the amount corresponding to the employer and
employee contributions, or who fails or refuses or delays by more than thirty (30) days from the time
such amount becomes due and demandable, or to deduct the monthly contributions of the employee.
5) Any employee or member who receives or keeps fund or property belonging, payable or
deliverable to the GSIS and appropriates the same, or takes or misappropriates the same, or permits
another person to take, misappropriate or use said fund or property by expressly consenting thereto, or
through abandonment or negligence, or is otherwise guilty of the misappropriation of said fund or
property, in whole or in part.
6) Any employee who, after deducting the monthly contribution or loan amortization from a
member’s compensation, fails to remit the same to the GSIS within thirty (30) days from the date they
should have been remitted.
7) The heads of the offices of the national government, its political subdivisions, branches,
agencies and instrumentalities, including GOCCs and government financial institutions, and the
personnel of such offices who are involved in the collection of premium contributions, loan amortization
and other accounts due the GSIS who shall fail, refuse or delay the payment, turnover, remittance or
delivery of such accounts to the GSIS within thirty (30) days from the time that the same shall have
been due and demandable
8) Such officers and/or personnel shall be liable not only criminally but also civilly to the GSIS
or to the employee or member concerned in the form of damages, including surcharges and interests.
RA 8282
SOCIAL SECURITY ACT OF 1997
Q: What is the principal purpose behind the enactment of the SSS Act?
A: SSS Law was enacted pursuant to the policy of the Government to establish, develop and perfect a social
security system suitable to the needs of the people throughout the Philippines against the hazards of
disability, sickness, old age and death.
The law requires compulsory coverage of employers and employees under the system. Membership is in
compliance with a lawful exercise of police power of the State, to which the principle of non-impairment of the
obligation of contract is not a defense.
A:
1. Monthly Pension
2. Retirement Benefits
3. Death Benefits
4. Disability Benefits
5. Funeral Benefits
6. Sickness Benefits
7. Maternity Benefits (No Maternity Benefits under the GSIS Act)
A:
1. Secretary of Labor and Employment or his duly designated undersecretary;
2. SSS president; and
3. 7 appointive members
a. 3 represent the workers group, at least 1 of whom shall be a woman;
b. 3 represent the employers group, at least 1 of whom shall be a woman; and
c. 1 from the general public whose representative shall have adequate knowledge and
experience regarding social
Chairman of the Commission shall be designated by the President of the Philippines from among its
members.
Q: Define an Employer.
A: Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade,
business, industry, undertaking, or activity of any kind and uses the services of another person who is under
his orders as regards the employment, except the Government and any of its political subdivisions, branches
or instrumentalities, including corporations owned or controlled by the Government: Provided, That a self-
employed person shall be both employee and employer at the same time.
Q: Define an Employee:
A: Any person who performs services for an employer in which either or both mental or physical efforts are
used and who receives compensation for such services, where there is an employer-employee relationship
Provided, that a self-employed person shall be both employee and employer at the same time.
3. Service performed in the employ of the Philippine Government or instrumentality or agency thereof;
4. Service performed in the employ of a foreign government or international organization, or their wholly-
owned instrumentality:
• Provided, however, That this exemption notwithstanding, any foreign government, international
organization or their wholly-owned instrumentality employing workers in the Philippines or
employing Filipinos outside of the Philippines, may enter into an agreement with the Philippine
Government for the inclusion of such employees in the SSS except those already covered by
their respective civil service retirement systems:
• Provided, further, That the terms of such agreement shall conform with the provisions of the Act
on coverage and amount of payment of contributions and benefits:
• Provided, finally, That the provisions of the Act shall be supplementary to any such agreement;
and
4. Such other services performed by temporary and other employees which may be excluded by
regulation of the Commission. Employees of bona fide independent contractors shall not be deemed
employees of the employer engaging the service of said contractors.
Q: Classify Beneficiaries.
A:
(a) Primary:
(1) dependent spouse until he or she remarries;
(2) dependent legitimate, legitimated or legally adopted, and illegitimate children, who shall be
the primary beneficiaries of the member:
dependent illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated or legally
adopted children.
absence of the dependent legitimate, legitimated children of the member, his/her dependent illegitimate
children shall be entitled to 100% of the benefits.
(b) Secondary:
(1) dependent parents and no children
(2) any other person designated by the member as his/her secondary beneficiary and absence
of primary beneficiaries
The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not gainfully
employed, and has not reached twenty-one (21) years of age, or if over twenty-one (21) years of
age, he is congenitally or while still a minor has been permanently incapacitated and incapable of
self-support, physically or mentally; and
A:
(a) Compulsory:
(1) All employees not over sixty (60) years of age and their employers
(1) Spouses who devote full time to managing the household and family affairs, unless they are also
engaged in other vocation or employment which is subject to mandatory coverage.
(2) Filipinos recruited by foreign-based employers for employment abroad may be covered by the SSS
on a voluntary basis.
Q: Define Compensation.
A: All actual remuneration for employment, including the mandated cost-of-living allowance, as well as the
cash value of any remuneration paid in any medium other than cash except that part of the remuneration in
excess of the maximum salary credit as provided under Sec. 18 of the Act.
A:
(1) Compulsory on the first day of
employer his operation
(3) He may, however, continue to pay the total contributions to maintain his right to full benefit.
(2) He may, however, be allowed to continue paying contributions under the same rules and regulations
applicable to a separated employee member.
(NO retroactive payment of contributions shall be allowed other than as prescribed under Section 22-A).
BENEFITS:
1. Monthly Pension
2. Retirement Benefits
3. Death Benefits
4. Disability Benefits
5. Funeral Benefits
6. Sickness Benefits
7. Maternity Benefits
I. MONTHLY PENSION
A:
(a) The monthly pension shall be the highest of the following amounts:
(1) The sum of the following:
(i) P300.00; plus
(ii) 20% of the average monthly salary credit; plus
(iii) 2% of the average monthly salary credit for each credited year of service in excess
of 10 years; OR
(3) P1,000.00, provided that the monthly pension shall in no case be paid for an aggregate
amount of less than sixty 60 months.
A:
Where monthly pension is payable on account of death, permanent total disability or retirement, dependent’s
pension is equivalent to:
(2) P250.00, whichever is higher, shall also be paid for each dependent child conceived on or
before the date of the contingency but not exceeding five (5), beginning with the youngest and without
substitution.
☀ where there are legitimate or illegitimate children, the former shall be preferred
A:
It is a cash benefit paid to a member who can no longer work due to old age.
OR
(1) at least 65 years old - entitled for as long as he lives to the monthly pension; and
(2) he shall have the option to receive his first 18 monthly pensions in lump sum discounted at a
preferential rate of interest to be determined by the SSS.
(b) A member
(1) at least 60 years old at retirement; and
(2) does not qualify for pension benefits under paragraph (a) above - entitled to a lump sum
benefit equal to the total contributions paid by him and on his behalf;
(3) must be separated from employment and is not continuing payment of contributions to the
SSS on his own.
A:
(1) monthly pension: lifetime cash benefit paid to a retiree who has paid at least 120 monthly
contributions to the SSS prior to the semester of retirement
(2) lump sum amount: granted to a retiree who has not paid the required 120 monthly contributions.
Q: For how long will the dependent child receive his pension?
A: Until the child reaches 21 years of age, gets married, gets employed and earns P300 a month or more, or
dies. However, the dependent's pension is granted for life to children who are over 21 years old, provided
they are incapacitated and incapable of self-support due to physical or mental defect which is congenital or
acquired during minority.
A:
(1) Upon the death of a retiree-pensioner, his primary beneficiaries will get 100 per cent of his monthly
pension plus the dependents' pension for each child.
(2) If he dies within 60 months from the start of his pension and he has no primary beneficiaries, his
secondary beneficiaries will receive a lump sum benefit equivalent to the difference of 60 times the monthly
pension and the total monthly pensions paid by the SSS excluding the dependent's pension.
Q: How much is the monthly pension of a member who retires after age 60 with 120 monthly
contributions?
A:
(1) the monthly pension computed at the earliest time he could have retired had he been separated from
employment plus all adjustments;
(2) the monthly pension computed at the time when he actually retires.
A member who retires more than once shall be entitled to the HIGHER of:
(1) the monthly pension computed for the first retirement claim; or
Note: Pursuant to R.A. 8558 and Opinion No. 84, series of 1999 of the Secretary of Justice, the
A:
(a) Upon death of a member, if he has paid at least 36 monthly contributions prior to the
semester of death:
(1) primary beneficiaries shall be entitled to the monthly pension:
(b) Upon death of a member If he has not paid the required 36 monthly contributions prior to the
semester of death:
(1) primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent
to the monthly pension times the number of monthly contributions paid to the SSS: OR
Q: If the death pensioner is survived by legitimate, legitimated, legally adopted and illegitimate
children, how will the pension be divided?
A:
If the deceased pensioner is survived by less than five minor legitimate, legitimated, or legally
adopted children, the illegitimate minor children will be entitled to 50 per cent of the share of the legitimate,
legitimated or legally adopted children in the basic pension and 100 per cent of the dependents' pension.
In cases where there are NO legitimate, legitimated or legally adopted children, the illegitimate minor
children shall be entitled to 100 per cent of the share of the former in the basic pension.
A: It is a cash benefit paid to a member who becomes permanently disabled, either partially or totally.
A:
A. Permanent total disabilities
(2) Permanent Total disability + failed to pay the required 36 monthly contributions - entitled to
a lump sum benefit equivalent to
(i) monthly pension times the number of monthly contributions paid to the SSS: OR
(ii) 12 times the monthly pension, whichever is higher.
A member shall again be subject to compulsory coverage or considered a new member, when he-
(1) has received a lump sum benefit; and
(2) is reemployed or has resumed self-employment not earlier than one (1) year from the date of
his disability.
(2) Recovery of the disabled member from his permanent total disability
(3) Failure to present himself for examination at least once a year upon notice by the SSS.
(2) No primary beneficiaries + he dies within 60 months from the start of his monthly pension -
secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the total monthly pensions
corresponding to the balance of the 5-year guaranteed period excluding the dependents’ pension.
V. FUNERAL BENEFIT
A: It is a daily cash allowance paid for the number of days a member is unable to work due to sickness or
injury.
(1) A member who has paid at least 3 monthly contributions in the 12-month period immediately
preceding the semester of sickness or injury; and
(2) Confined for more than 3 days in a hospital or elsewhere with the approval of the SSS
(3) he has used up all current company sick leaves with pay for the current year, and
(4) notified his employer or the SSS, if he is a separated, voluntary or self-employed member.
(1) In no case shall the daily sickness benefit be paid longer than 120 days in 1 calendar year,
nor shall any unused portion of the 120 days of sickness benefit granted be carried forward and added to the
total number of compensable days allowable in the subsequent year;
(2) Not paid for more than 240 days on account of the same confinement; and
(3) Employee member shall notify his employer of the fact of his sickness or injury within five (5)
calendar days after the start of his confinement unless such confinement:
(i) is in a hospital
(ii) the employee became sick or was injured while working or within the premises of the
employer(notification to the employer not necessary);
(4) If the member is unemployed or self-employed, he shall directly notify the SSS of his
confinement within 5 calendar days after the start thereof unless such confinement is in a hospital in which
case notification is also not necessary;
(5) Where notification is necessary, confinement shall be deemed to have started not earlier
than the 5th day immediately preceding the date of notification.
(3) Such allowance shall begin only after all sick leaves of absence with full pay to the credit of the
employee member shall have been exhausted.
A: It is a daily cash allowance granted to a female member who was unable to work due to childbirth or
miscarriage.
(2) has paid at least 3 monthly contributions in the 12-month period immediately preceding the
semester of her childbirth or miscarriage;
(3) She has given the required notification of her pregnancy through her employer if employed
or to the SSS if separated, voluntary and self-employed member;
Maternity benefit may be given to a separated female employee provided that the female
member was pregnant and has given the required notification prior to the date of separation from her
employer.
(1) Employee has notified her employer of her pregnancy and the probable date of her
childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may
provide;
(2) Full payment shall be advanced by the employer within 30 days from the filing of the
maternity leave application;
(3) Payment of daily maternity benefits shall be a bar to the recovery of sickness benefits for the
same period for which daily maternity benefits have been received;
(4) Maternity benefits shall be paid only for the first 4 deliveries or miscarriages;
(5) SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits
advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality
thereof; and
(6) If an employee member should give birth or suffer miscarriage without the required
contributions having been remitted for her by her employer to the SSS, or without the latter having been
previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said employee member would otherwise have been entitled to.
A:
• The nature of dispute in SSS is with respect to coverage, benefits, contributions and penalties
(CBCP) thereon or any other matter related thereto.
• It must be filed before the Commission and shall be heard by the Commission, or any of its
members, or by hearing officers duly authorized by the Commission and decided within 20 days after
the submission of the evidence.
• Appeal to Courts.
o Any decision of the Commission, in the absence of an appeal shall become final and
executory 15 days after the date of notification.
o The decision of the Commission upon any disputed matter may be reviewed both upon the
law and the facts by the Court of Appeals. Appeal from a decision of the Commission must
be taken within 15 days from notification of such decision.
o If the decision of the Commission involves only questions of law, the same shall be reviewed
by the Supreme Court. No appeal bond shall be required and the case shall be heard in a
summary manner,
• Execution of Decisions. - Commission may, motu proprio or on motion of any interested party, issue
a writ of execution to enforce any of its decisions or awards.
RA 7669
PORTABILITY LAW
A: All worker-members of the GSIS and/or SSS who transfer from one sector to another, and who wish to
retain their membership in both Systems.
A:
- A covered worker who transfers employment from one sector to another or is employed on both
sectors, shall have creditable services or contributions on both Systems credited to his service or
contribution record in each of the Systems and shall be totalized for purposes of old-age, disability,
survivorship, and other benefits in either or both Systems. (Sec. 3, RA 7669)
- All contribution paid by such member personally, and those that were paid by his employers to
both Systems shall be considered in the processing of benefits which he can claim from either or both
Systems. (Section 4, RA 7669)
- for the public sector -- the following shall be considered creditable services:
4. The period during which an official/employee was out of the service as a result
of illegal termination of his service as finally decided by the proper authorities; and
A: It is a program whereby a fund known as the State Insurance Fund is established through
premium payments exacted from employers
A: This is a fund which would provide assistance for the employees and their dependents in the event of
work-related disability or death.
A:
(1) medical services, appliances and supplies;
(2) rehabilitation services;
(3) temporary total disability benefit;
(4) permanent total disability benefit;
(5) permanent partial disability benefit;
(6) death benefit; and
(7) funeral benefit.
DEFINITION OF TERMS:
Employee: any persons compulsorily covered by the GSIS or any person compulsorily covered by the SSS
INJURY: any sudden harmful change in the human organism from any accident arising out of and in the
course of employment.
SICKNESS: any illness definitely accepted as an occupational disease listed by the Commission or any
illness caused by employment, subject to proof that the risk of contracting the same is subject to working
conditions.
OCCUPATIONAL DISEASE:
A: one which results from the nature of the employment, and by nature is meant conditions to which all
employees are subject and which produce the disease as a natural incident of a particular occupation.
The disease must be one wholly due to causes and conditions which are normal and constantly present
and characteristic of the particular occupation.
• This may be used as the basis for compensation if the disease is not listed.
A:
1. Every employer and employee not over 60 years of age [either private or public sector];
2. An employee more than 60 yrs. of age if he has been paying contributions prior the age of 60
and has not been compulsorily retired;
sickness and resulting disability or death, the sickness must be the result of an occupational disease
listed by the Employees Compensation Commission.
NOTE: If not listed, the illness may still be compensated subject to proof by the employee that the risk of
contracting the disease is increased by working conditions.
Q: When is injury or death deemed to have arisen out of or in the course of employment?
A:
1. The employee must have been injured at the place where his work requires
him to be
3. If the injury is sustained elsewhere, the employee must have been executing
an order for the employer
Q: What defenses may be interposed by the State Insurance Fund against a claim for compensation
made by a covered employee or his dependents?
A: 1. Injury, sickness, disability or death is caused by employee’s intoxication, willful intention to injure
oneself or another or notorious negligence;
4. The claim was filed beyond 3 years from the time the cause of action accrued.
XPN:
Suicide is compensable when:
1. It results form insanity resulting from compensable work injury or disease;
Payment of the contribution continues unless employee dies, becomes disabled or is separated from
employment.
The liability of the State Insurance Fund shall be exclusive and in place of all other liabilities of
the employer to the employee or his dependents or anyone otherwise entitled to recover damages on
behalf of the employee or his dependents.
Recovery under the Employees’ Compensation Program is not based on any theory of actionable wrong
on the part of the employer. In an action for damages, the injury must be due to the fault of the employer. In
this compensation program, no fault need be found, if the injury is compensable it shall be remunerated.
EO 180
Guidelines for the exercise
of the Right to Organize
of Government Employees
( Di pa ba repealed??
A: All employees of all branches, subdivisions, instrumentalities, and agencies, of the Government,
including government-owned or controlled corporations with original charters
except
(iv) policemen
All government employees can form, join or assist employees' organizations of their own choosing for the
furtherance and protection of their interests. They can also form, in conjunction with appropriate
government authorities, labor-management committees, works councils and other forms of workers'
participation schemes to achieve the same objectives.
Their employment shall not be subject to the condition that they shall not join or shall relinquish their
membership in the employees' organizations.
Government authorities shall not interfere in the establishment, functioning or administration of government
employees' organizations through acts designed to place such organizations under the control of
government authority.
(1) appropriate organizational unit - employers unit consisting of rank- and-file employees unless
circumstances otherwise require.
(2) A duly registered employees' organization having the support of the majority of the employees in the
appropriate organizational unit shall be designated as the sole and exclusive representative of the
employees.
(3) Voluntary recognition may be accorded to a duly registered employees' organization upon a showing
that;
(ii) said organization has the majority support of the rank-and-file employees in the
organizational unit.
Q: What are the Rights of duly recognized employees organizations?
A:
Right to negotiate with the appropriate government authorities involving the terms and conditions of
employment or improvements thereof, except those that are fixed by law. (Sec 13, EO 180)
Right to engage in peaceful concerted activities and strikes (Sec. 14, EO 180)
the Civil Service laws and rules governing concerted activities and strikes in the government service
shall be observed, subject to any legislation that may be enacted by Congress.
PUBLIC SECTOR
LABOR-MANAGEMENT COUNCIL
COMPOSITION:
Chairman, CSC Chairman
Secretary, DOLE Vice Chairman
Secretary, DOF Member
Secretary, DOJ Member
Secretary, DBM Member
Settlement of Disputes
(1) Civil Service and labor laws and procedures, whenever applicable, shall be followed in the resolution
of complaints, grievances and cases involving government employees.
(2) Unresolved disputes after exhausting all the available remedies under existing laws and procedures
may referred jointly by the parties to the Council for appropriate action.