Beruflich Dokumente
Kultur Dokumente
PREWEEK IN
LABOR AND SOCIAL
LEGISLATION
1. Employee A, filed a complaint before the DOLE for underpayment of wages, illegal
deduction, non-payment of night shift differential pay, overtime pay etc. The
aggregate amount did not exceed P 5,000.00. X Corp. filed its position papers.
Subsequently, A claimed backwages on account of his alleged constructive
dismissal. The Regional Director ruled for A. X Corp.s motion for reconsideration
was denied. On appeal, X Corp. claimed that it was the Labor Arbiter, not the
Regional Director who has jurisdiction as the case involved a termination dispute.
Resolve.
The contentions of X Corp. are not meritorious.
(1)
(2)
X Corp. is estopped from questioning the jurisdiction of the Regional Director. It took
part in the proceedings before the Regional Director by submitting its position
papers. It even asked the Regional Director to reconsider its decision after the
resolution was adverse to its interest.
The Regional Director did have jurisdiction over the complaint which was originally
for violation of Labor Standards (Art. 128(b) ). Only later did A ask for backwages on
account of his constructive dismissal. Once vested, that jurisdiction continued until
the entire controversy was decided. (Odin Security Agency v Hon. De La Serna).
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Faculty members of a non-profit educational institution are paid by the hour and are
obliged to work and consent to be paid only for work actually done. Are they entitled
to holiday pay for unworked regular holidays?
No. Regular holidays specified as such by law are known to both school and faculty
members as no class days, certainly the latter do not expect payment for said unworked days,
and this was clearly in their minds when they entered into the teaching contracts. There is no
diminution of the income of the faculty members. (Jose Rizal College vs. NLRC; G.R. No. L65482; December 1, 1987)
7. Under the New Labor Code, name at least three (3) provisions which are designed to
protect working women.
Some provisions of the Labor Code of the Philippines which are designed to protect
working women are as follows: [i] Nightwork prohibition (Art. 130); [ii] Facilities for women
(Art. 132); [iii] Maternity leave benefits (Art. 133, superseded by Section 14-A of the Social
Security Law); [iv] Family planning services (Art. 134); [v] Discrimination prohibited (Art.
135); [vi] Stipulation against marriage (Art. 136); [vii] Prohibited acts (Art. 137); and, [viii]
Classification of certain women workers in nightclubs and similar establishments (Art. 138)
4.
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5. Discuss the state policy on the assessment of the attorneys fees within the context
of Art. 111 and 222 (b) of the Labor Code.
In Article 111 of the Labor Code, attorneys fees shall not exceed 10% of the amount of
wages recovered, in cases of culpable withholding of wages of an employee. On the other
hand Article 222 states that Attorneys fees arising from any collective bargaining
negotiations or conclusion of the collective agreement, shall not be imposed on any
individual member of the contracting union. However, it may be charged against union
funds in an amount to be agreed upon by the parties.
6. What is a RED CIRCLE RATE ALLOWANCE? Is it part of the basic salary?
A red circle rate allowance is an amount, not included in the basic salary that is granted
by the company to an employee who is promoted to a higher position grade but whose
actual basic salary at the time of the promotion already exceeds the maximum salary for the
position to which he or she is promoted (Meralco v Secretary of Labor, G.R. No. 127598,
January 27, 1999)
7. Does promotion of an employee automatically entitle him to an increase in his salary?
Explain.
No. While promotion is usually accompanied by an increase in salary, such increase is
dependent upon the employer in the absence of a contractual stipulation or established
company policy. Promotion may denote an advancement merely in rank without an
equivalent increase in salary. The matter of salary increases is a management prerogative
(National Federation of Labor Unions, et al., vs. NLRC, et al.; G.R. No. 103575; April 5,
1993)
8. When may a non-lawyer appear before the NLRC or Labor Arbiter?
a) If he represents himself as a party to the case;
b) If he represents an organization or its members, provided that he shall be made to
present written proof that he is properly authorized, or
c) If he is a duly-accredited member of any legal aid office duly recognized by the DOLE or
IBP in cases referred to by the latter.
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AGENCY FEE
Levied from non-members of the
bargaining agent (union) for the
enjoyment of the benefits under the
CBA.
May be deducted from the salary of
employees without their consent.
CHECK-OFF
Levied from the members of a union
for the payment of union dues.
May not be deducted from the
salaries of the union members
without the written consent of the
workers affected.
23. What is the bystander rule? What is the exception to the said rule?
As a general rule, certification election is the sole concern of the workers and the
employer is regarded as nothing more than a bystander with no right to interfere at all in the
election. (Philippine Scout Veterans Security and Investigation Agency vs. Torres, 224 SCRA
682 [1993]; Belyca Corporation v. Ferrer-Calleja, 168 SCRA 184 [1988]) The only instance
or exception is where the employer is obliged to file a petition for a certification election by
reason of its workers request to bargain collectively. Even then, the employers involvement
ceases, and it becomes a neutral bystander after the order for a certification election issues.
(California Manufacturing Corporation v. Laguesma, 209 SCRA 606 [1992])
24. Union leaders of 123 Union alleged that the management refused to implement a
provision of the CBA despite a letter written by the union requesting for the said
action. As a result, the union decided to call for a strike based on unfair labor
practice. Comment on the action of the union.
The action of the union is erroneous. According to Article 261 of the Labor Code, mere
violation of the CBA is not unfair labor practice. To be considered as ULP, there should be a
flagrant and malicious refusal to comply with the economic provisions of the agreement. In
this case, since the union only sent one letter, this does not amount to a flagrant and
malicious refusal of the company to comply with the CBA.
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40. May the employer and the employee validly agree to extend the probationary period
beyond six months?
Such an extension may lawfully be agreed upon, despite the seemingly restrictive language
of Article 281. A voluntary agreement extending the original probationary period to favor the
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How Initiated
Existence of
EmployerEmployee
Relationship
Jurisdictional
Limit
Subject Matter
ART 128
Routine
Inspection
With
ART 129
Complaint
ART 217
Complaint
VA
Complaint
Without
Without
With
no limit
No limit
Labor Standards
and other Social
Legislations
Money claim
arising out of
employeremployer
relationship
involving any
employee or a
person engaged
in household
service
Art. 261
Interpretation
and
implementation
of CBA and
Interpretation
and Enforcement
of Company
Personnel
Policies.
Art. 262
Other matters
submitted by the
Art 217
All cases and
other claims
involving
employeremployee
relationship
except
otherwise
provided in Art.
128, 129. 261
and 262.
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Where to
Appeal
Appeal to Sec.
of
Labor
Appeal to the
appropriate
NLRC Division
Appeal to the
appropriate
NLRC Division
Posting of
Bond
Required if it
involves a
monetary award
or judgment
7) 10 calendar
days
8) Not
Applicable
9) Sec. of Labor
or his duly
authorized
Representative
Not required
Required if it
involves money
Judgment
Not required
5 calendar days
from receipt
Without
10 calendar
days
With or Without
15 days
Regional
Div/Head Office
Labor Arbiter
VA as previously
determined by
the parties in the
CBA or as may
be designated by
the NCMB
Period of
Appeal
Claim for
Reinstatement
Who exercise
the power
Without
43. X, a bachelor, dies after being a member of the SSS for ten (10) years. Death benefits
are claimed by Miss K., his girlfriend of many years and whom he designated as his
beneficiary. The claim is contested by Y, the brother of the deceased. Y argues that he is
preferred over Miss K. Decide with reasons.
Miss K is entitled to the death benefits. Y, the brother of the deceased is not among the
primary or the secondary beneficiaries specified by law. On the other hand, since the
deceased had no blood relatives qualified to be his primary or secondary beneficiaries, he
could designate any other person, like Miss K as his beneficiary.
44. Mr. Y worked in the government for 10 years before resigning and working in a private
corporation. He subsequently retired. May his contribution under the GSIS be
credited to the SSS record?
YES. Under R.A. 7699 instituting a LIMITED PORTABILITY SCHEME IN THE SOCIAL
SECURITY SYSTEM, a covered employee or worker who transfers employment from one
sector (public or private sector) to another, is employed in both sectors, shall have his
creditable services or contributions in 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 case the covered member does not qualify for such
benefits in either or both systems without totalization, Provided, however, that overlapping
periods of membership shall be credited only once for purposes of totalization.
The theory of portability and totalization schemes as regards employees creditable
contributions to the GSIS and the SSS means that, the contributions of an employee with
the afore named government agencies could be transferred to either and shall be computed
in the totality for purposes of the availment of benefits by an employee either under the
GSIS and SSS laws.
45. What are the benefits under the SSS?
The SSS law provides not only retirement benefits but also death and funeral benefits,
permanent disability benefits, sickness benefits and maternity leave benefits.
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