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Joebert Duran

Professor Arch. Desquitado

Specialization 3

22 May 2020

1.Define collective bargaining agreement

It is a contract executed upon request of either the employer or the exclusive

bargaining representative of the employees incorporating the agreement reached after

negotiations with respect to wages, hours of work and all other terms and conditions of

employment, including proposals for adjusting any grievances or questions under such

agreement (Republic of the Philippines, DOLE).

2. What is labor code

The Labor Code of the Philippines stands as the law governing employment

practices and labor relations in the Philippines. It was enacted on Labor day of 1974 by

President Ferdinand Marcos, in the exercise of his then extant legislative powers. It

prescribes the rules for hiring and termination of private employees; the conditions of

work including maximum work hours and overtime; employee benefits such as holiday

pay, thirteenth month pay and retirement pay; and the guidelines in the organization and

membership in labor unions as well as in collective bargaining (Republic of the

Philippines, DOLE).

3. What are the benefits of an employee

Listed below is a summary of the mandatory benefits and provisions for employees in the

Philippines under the Labor Code and special laws:

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1. Minimum wage = P537.00 per day (in NCR) as of 22 November 2018

2.  13th month pay (after 1 month of service) = 1/12 of the total basic salary earned by an
employee within a calendar year

3.  Overtime pay= 25% premium on hourly rate

4.  Night shift differential if work between 10:00 PM to 6:00 AM =  10% premium on hourly rate

5.  Special Non-Working day = 30% premium if worked

6.  Regular holiday pay= 100% premium if worked, paid if unworked

7. Service Incentive Leave = 5 days paid leave for every year of service

8.  Maternity Leave = daily maternity benefit equivalent to one hundred percent (100%) of her
average salary credit for sixty (60) days or seventy-eight (78) days

9. Paternity leave = 7 days leave with pay (married only)

10.  Parental leave for solo parents= 7 days leave with pay for every year of service

11.  Leave for victims of Republic Act 9262 or Anti-Violence Against Women Law = 10 days
leave with pay

12.  Special Leave for Women= Two months leave with pay for women who underwent surgery
due to gynecological disorders

13. Social Security System contribution (based on salary)

14.  Pag-ibig contribution (based on salary)

15. Philhealth contribution (based on salary)

(https://ndvlaw.com/employee-benefits-under-philippine-laws/)

4) Cite 3 court cases of unfair labor practices done by the employer

Cases # 1:
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SAN FERNANDO COCA-COLA RANK-AND-FILE UNION (SACORU), REPRESENTED BY ITS

PRESIDENT, ALFREDO R. MARAÑON, PETITIONER, VS. COCA-COLA BOTTLERS

PHILIPPINES, INC. (CCBPI), RESPONDENT.

On May 29, 2009, the private respondent company, Coca-Cola Bottlers

Philippines., Inc. ("CCBPI") issued notices of termination to twenty seven (27) rank-and-file,

regular employees and members of the San Fernando Rank-and-File Union ("SACORU"),

collectively referred to as "union members", on the ground of redundancy due to the ceding out

of two selling and distribution systems, the Conventional Route System ("CRS") and Mini

Bodega System ("MB") to the Market Execution Partners ("MEPS"), better known as

"Dealership System". The termination of employment was made effective on June 30, 2009, but

the union members were no longer required to report for work as they were put on leave of

absence with pay until the effectivity date of their termination. The union members were also

granted individual separation packages, which twenty-two (22) of them accepted, but under

protest (Supreme Court E-Library).

Cases # 2:

CA orders GMA to reinstate 51 dismissed workers, release backpay

The Court of Appeals has ordered GMA Network to reinstate 51 "talents" who were

dismissed for joining a protest rally years ago, declaring them as regular workers of the station.

The court's Fifteenth Division instructed the media firm owned by Felipe Gozon to bring back 51

workers who were removed or unrenewed for their posts. The workers were part of the Talents

Association of GMA-7.
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The petitioners filed a case against the network in 2014, saying some of them were terminated

because they took part in a protest picket against "unfair labor practices" of GMA. The court's

decision reverses a 2017 decision of the National Labor Relations Commission.

The network argued those who joined the picket took unauthorized absences to cause work

delays, saying it was a "breach" in talent agreements and was a ground for dismissal. But the

court said that 15 of its employees who joined the protests against the network were not guilty of

gross and habitual neglect of duty, and should not merit termination from work.

"The terms and conditions of petitioners' Talent Agreements and General Terms show that they

are not independent contractors and are regular employees of GMA," the appellate court said in

its February 19 decision.

The association also accused the network of harrassment when it banned workers from

handling two or more programs, and when it shifted the release of salaries to checks from direct

bank deposits, which caused "great inconvenience."

"GMA should have complied with the procedural due process in terminating its employees

especially since petitioners are regular employees. It is not enough that petitioners' contracts

were simply not renewed for it to comply with the requirements of the law as far as duly

terminating regular employees are concerned," it added.

As of November 30, 2016, the labor arbiter computed ₱21.43 million in back wages for 35 GMA

employees. The court ordered the arbiter to recompute the amounts due.

"Petitioners are entitled to reinstatement without loss of seniority rights, full backwages inclusive

of allowances, and any and all benefits regular employees of GMA receives computed from the
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time his or her compensation was withheld up to the time of his or her actual reinstatement to

GMA," the court ordered (CNN Philippines Staff). 

Cases # 3:

NutriAsia, Pepmaco workers call for resignation of labor official

CALAMBA, Laguna – Workers from both NuriAsia Cabuyao Philippines and Peerless Products

Manufacturing Corporation (PEPMACO) called for the resignation of Deparment of Labor and

Employment (DOLE) Region 4 Director John Henry Jalbuena, whom they accused of “siding

with capitalists.”

In a protest action in front of the DOLE Region 4-A Office in barangay Parian,

Calamba, workers of NutriAsia and Pepmaco criticized Jalbuena for his “continual inaction to

[their] labor disputes.”

The cases of both NutriAsia and Pepmaco are “in a standstill.” Workers of both companies have

been demanding for regularization.

Julius Decoreon, Kilusan ng Abanteng Seksyon ng Anakpawis sa NutriAsia-OLALIA-KMU

(KASAPINA-OLALIA-KMU) spokesperson, said that last Sept. 3, NutriAsia management

insisted that the striking workers are not their employees.

“They told us they don’t care what happens to us, and pushed to move the dispute between us

and our agencies,” Decoreon told Bulatlat.

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The situation is similar for Pepmaco workers, with management insisting that the Pepmaco

Workers’ Union-NAFLU-KMU (PWU-NAFLU-KMU) is not a legitimate union, and that its

members are not Pepmaco employees.

The workers also cited the continuing delays in the case of the 17 NutriAsia workers still in jail

for trumped-up charges of arson and robbery, as well as the repeated violent dispersal of the

Pepmaco picket line by both police and armed guards (JUSTIN UMALI).

Intensify boycott campaign

Workers’s groups have also called on the public to support their fight against contractualization

by boycotting the products of the two companies (JUSTIN UMALI).

5) What are the benefits of a regular employee.

Holidays: Eleven (11) paid national regular holidays and Nine (9) national special holidays per

year as provided under Proclamation No. 845 (2020 Declared Holidays)

Vacation: Thirteen (13) vacation leave, with additional 1 day every year starting on the 3rd year

of service and convertible to cash at the end of each year. Maximum vacation leave is 18 days.

Retirement: The plan is 100% funded by the company calculated at one month’s base salary

per year of service based on the employee’s latest basic rate upon normal retirement at age 60,

death or total and permanent disability. Early retirement benefit can be available to 10 years of

service equal to 50% of normal retirement benefit.

Healthcare: The plan provides a comprehensive health care coverage for employees and

eligible dependents through Medicard’s accredited hospitals and doctors nationwide. The
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annual premium for Principal/Employees is 100% shouldered by the company. For direct

dependents, OSPI covers 53% of the cost and the rest of the 47% is on employees account.

The company also maintains an onsite medical clinic manned by a company nurse per shift and

a group of company doctors who reports to the clinic six days a week on specified time

schedules providing free medical consultations, emergency medicines, minor and first-aid

treatments and health counseling. As part of preventive health care, free multivitamins are also

provided to employees while on duty and all employees are required to undergo an annual

medical, dental and eye check-up conducted onsite.

 Dental: Free dental benefits are likewise provided with two (2) dentists alternately

visiting the factory rendering unlimited dental consultations, unlimited simple tooth

extractions and permanent/temporary fillings, annual oral prophylaxis, re-cementation of

jacket crown inlays and onlays, simple adjustment of dentures and emergency

treatments.

 Outpatient Medicine Reimbursement: The Company reimburses expenses for

outpatient medicines for employees and dependents. Out-patient medicines are 100%

reimbursable while Php 2,000 per year is provided for dependents. Approval of

reimbursement requires submission of prescription and official receipts.

 Maternity Grant: Assistance is provided to regular female employees & legal spouse of

male employees: Php 3,000 for miscarriage; Php 1,500 for home delivery; Php 5,000 for

normal delivery; 80% (Employer) - 20% (Employee) for caesarian delivery.

OTHER LEAVES:

Sick Leave: Twelve (12) days for the first two years of service and additional 1 day every year

starting on the 3rd year. Maximum total sick leave is 15 days. All unused leave are convertible

to cash at the end of the year.

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Paternity Leave: All married male employees are eligible for 7 working days up to four (4) child

birth including miscarriage of legitimate spouse to be availed within sixty (60) days from

delivery/miscarriage.

Bereavement: Three (3) days applicable to immediate family member which includes the

employee’s children, parents, grandparents, brother, sister, spouse, and parents-in-law.

Solo Parent Leave: Seven (7) working days

Calamity Leave: Two (2) days leave for employees who were affected by flood, fire and

typhoon (must be supported by a Government proclamation or may be declared by the

Company)

Magna Carta for Women (Special Leave): Sixty (60) calendar days leave. This is given to all

female employees who underwent surgery caused by gynecological disorders and who have

rendered at least six (6) months continuous aggregate employment service for the last twelve

(12) months prior to surgery.

Leave for Victims of Violence against Women and Their Children: Ten (10) days leave

benefit shall cover the days that the woman employee has to attend to medical and legal

concerns. The usage of the ten-day leave shall be at the option of the woman employee. In the

event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be

cumulative.

DISABILITY/LIFE INSURANCE: Employee life insurance is 100% funded by the Company,

provides insurance benefits to the employee’s designated beneficiaries in the event of disability,

terminal/critical illness and death due to illness or accident. The amount of benefits is specified

below:
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 Life Insurance Benefit Limit - 26 x monthly base salary base on the employee’s latest

basic rate.

 Accident, Death and Disability Benefit Limit - 24 x monthly base salary based on the

employee’s latest basic rate.

 Total Permanent Disability Benefit Limit - 26 x monthly base salary based on the

employee’s latest basic rate.

 Terminal Illness Benefit Limit – 50% of Life, maximum of Php 3.5M

 Critical Illness Benefit – 60% of Life, maximum of Php 1M

 Burial Benefit - 7.5% of Life (max of 100k)

OTHER BENEFITS:

13th month: The Company grants a 13th month pay equivalent to one (1) month’s pay to all

eligible employees provided that they worked for at least one (1) month during a calendar year.

Mid-year Bonus: The company grants bonus equivalent to a half month pay to all probationary

and regular employees.

Rice Allowance: The Company provides a tax-free rice subsidy to all regular and probationary

employees and credited to their payroll account every 30th of the month.

Meal Subsidy: The Company provides its employees with a meal allowance to partially cover

daily meals expenses. An employee must have rendered the minimum number of hours per day

to get a full or half-meal credit.

Tuition Fee Subsidy: Php 2,500 is given to regular and probationary employees every April

Employee’s Educational Assistance Program: Provides reimbursement of duly approved

educational expenses upon satisfactory completion of the course provided that the degree or
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course taken is relevant to the employee’s present or prospective job assignment. Maximum

reimbursement per term is P 10,000. All regular employees are eligible to this benefit.

Kapwa Tulong Club: Cash assistance provided to an employee (KTC members only) for death

of immediate dependents and during calamity. The company matches the contribution of

employees thru the Kapwa Tulong Program which is administered through salary deduction.

Attendance Bonus: A bonus equivalent to one day pay given to all Regular and Probationary

Employees who are Job Grade 8 & below, and all Technicians. Associates must have perfect

attendance in one (1) month with no tardiness, undertime or unexcused absence.

Prolong Sickness (PSL) Benefits: Benefit afforded to employees who are suffering from

certain medical or surgical conditions warranting a recuperation period of additional 60 days

maximum after the 120 SSS Sickness Benefit. The condition may include but not limited to;

 Chronic ailments requiring at least one month of treatment whether through

hospitalization or outpatient basis.

 Major Operative procedures such as, but not limited to, general and specialized

surgeries, and major gynecological operation. Obstetrical surgical procedures such as

caesarian section are not included under this benefit

 Post-injury conditions which warrant long recuperation period.

Loyalty Token – Employees are recognized for their loyal and dedicated service to the

company for every five years of continuous service by the way of gift check or token, plus

plaque of appreciation during the service award ceremony

(https://www.onsemi.com/site/pdf/Benefits-Summary-Philippines.pdf).
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Works Cited

Republic of the Philippines DOLE, https://blr.dole.gov.ph/2014/12/11/collective-bargaining/)

(https://ndvlaw.com/employee-benefits-under-philippine-laws/)

(Supreme Court E-Library 2019, E-Library Technical Staff in collaboration with the Management
Information Systems Office.) http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63661

CNN Philippines Staff, Published Feb 25, 2020 2:32:32 PM

https://cnnphilippines.com/news/2020/2/25/CA-GMA-reinstate-51-workers.html

By JUSTIN UMALI, Bulatlat.com   2019 Sept. https://www.bulatlat.com/2019/09/15/nutriasia-

pepmaco-workers-call-for-resignation-of-labor-official/

https://www.onsemi.com/site/pdf/Benefits-Summary-Philippines.pdf)