Beruflich Dokumente
Kultur Dokumente
PRELIMINARY TITLE
CHAPTER I
GENERAL PROVISIONS
RELATED LAWS:
ART 1. NAME OF DECREE
LABOR LEGISLATION - Consists of
statutes,
regulations
and
jurisprudence
governing the relations between capital and
labor, by providing for certain standards of terms
and conditions of employment or providing a
legal framework within which these terms and
conditions and the employment relationship may
be negotiated, adjusted and administered. It is
divided into labor standards and labor relations.
LABOR STANDARDS - Are the minimum
requirements prescribed by existing laws, rules
and regulations relating to wages, hours of work,
cost-of-living allowance, and other monetary and
welfare benefits, including occupational safety,
and health standards.
LABOR RELATIONS LAW - defines the
status, rights, and duties and the institutional
mechanisms that govern the individual and
collective interactions of employers, employees
or their representatives.
- The law which
seeks to stabilize the relation between employer
and employee, to forestall and thresh out their
differences through the encouragement of
collective bargaining and the settlement of labor
disputes through conciliation, mediation, and
arbitration.
RATIONALE :
- The raison d etre of labor laws is the POLICE
POWER of the State
ART 3. DECLARATION OF BASIC
POLICY
The State shall afford protection to labor,
promote full employment, ensure equal work
opportunities regardless of sex, age or creed,
and regulate the relations between workers and
employers. The State shall assure the right of
workers
to
self-organization,
collective
bargaining, security of tenure, and just and
humane conditions of work.
1. Right to Organize
2. Right to Conduct Collective Bargaining
or Negotiation with Management
3. Right to Engage in Peaceful Concerted
Activities including strike in accordance
with law
4. Right to Enjoy Security of Tenure
5.Right to Work Under Humane Conditions
6.Right to Receive a Living Wage
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
discharge
- The LC applies to all workers, whether
agricultural
or
non-agricultural,
including
employees in a government corporation
incorporated under the Corporation Code.
MANAGEMENT PREROGATIVE
Except as limited by special laws, an
employer is free to regulate, according to his
own discretion and judgment, all aspects of
employment, including:
HIRING,
WORK
ASSIGNMENTS,
WORKING METHODS, TIME PLACE AND
MANNER OF WORK, TOOLS TO BE USED,
PROCESSES
TO
BE
FOLLOWED,
SUPERVISION OF WORKERS, WORKING
REGULATIONS, TRANSFER OF EMPLOYEES,
WORK
SUPERVISION,
LAY-OFF
OF
WORKERS, AND DISCIPLINE, DISMISSAL
AND RECALL OF WORKERS. (HW5T2PLSD)
ART 6. APPLICABILITY
FARM
EMPLOYER-FARM
WORKER
RELATIONSHIP
- The lease is one
of labor with the
agricultural laborer
as the lessor of his
services and the
farm employer as
the lessee
- The agricultural
worker works for
the farm employer
and for his labor he
receives a salary or
wage, regardless of
whether the
employer makes a
profit.
TENANCY
RELATIONSHIP
- It is the landowner
who is the lessor
and the tenant the
lessee of
agricultural land
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
CHAPTER II
EMANCIPATION OF TENANTS
(Note: not included as per SC Memo)
ART 7-11
-
EXCEPTIONS:
-
BOOK ONE
PRE-EMPLOYMENT
DOCUMENTATION OF WORKERS:
1. Contract Processing workers hired thru the
POEA shall be issued the individual
employment contract and such other
documents as may be necessary for travel
2. Passport Documentation
3. Visa Arrangement
TITLE I
RECRUITMENT AND PLACEMENT OF
WORKERS
CHAPTER I
GENERAL PROVISIONS
ART 13. DEFINITIONS
WORKER -any member of the labor force,
whether employed or unemployed
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 3 of 70
PREMATURE
TERMINATION
OF
CONTRACT - Where the workers employment
contract is terminated long before its agreed
termination date, and the termination is not
shown to be based on lawful or valid grounds,
the employer will be ordered to pay the workers
their salaries corresponding to the unexpired
portion of their employment contract. (Tierra
Intl Construction Corp. vs. NLRC).
HOWEVER, under R.A. 8042, if the illegal
dismissal took place on or after July 15, 1995,
the illegally dismissed overseas worker shall be
entitled to the full reimbursement of his
placement fee with interest at the rate of 12%
per annum plus salary for the unexpired
portion of his employment contract or for 3
mos. for every year of the unexpired term
whichever is LESS.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 4 of 70
CHAPTER II
REGULATIONS OF RECRUITMENT
AND PLACEMENT ACTIVITIES
ART 29. NON-TRANSFERABILITY OF
LICENSE OR AUTHORITY
-
GROUNDS
FOR
DISCIPLINARY
ACTION (Under the MWA of 1995) ;
1. Commission of a felony punishable by the
laws of the Philippines or by the host
country;
2. Drug addiction or possession or trafficking of
prohibited drugs;
3. Desertion or abandonment;
4. Drunkenness, especially where the laws of
the of the host country prohibit the same;
5. Gambling, especially where the laws of the
host country prohibit the same;
6. Initiating or joining a strike or work stoppage
where the laws of the host country prohibit
strikes or similar actions;
7. Creating trouble at the worksite or in the
vessel;
8. Embezzlement of company funds or of
money an properties of a fellow worker
entrusted for delivery to kins or relatives in
the Philippines;
9. Theft or robbery;
10. Prostitution;
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 5 of 70
PROHIBITED PRACTICES:
(CFGIIEOFSBWF)
CHAPTER III
MISCELLANEOUS PROVISIONS
C
F
NON-LICENSEE OR NON-HOLDER OF
AUTHORITY - any person, corporation or entity
which has not been issued a valid license or
authority to engage in recruitment and
placement by the Secretary of Labor, or whose
license or authority has been suspended,
revoked, or cancelled by the POEA and the
Secretary.
O
F
S
B
W
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 6 of 70
F
F
TITLE II
EMPLOYMENT OF NON-RESIDENT
ALIENS
ART 40. EMPLOYMENT PERMIT OF
NON-RESIDENT ALIENS
(a)
(b)
EXCEPTIONS
PROHIBITION:
a.
b.
TO
THE
PRESCRIPTIVE PERIOD
Illegal Recruitment cases under RA 8042 shall
prescribe in five (5) years Provided, however,
That illegal recruitment cases involving
economic sabotage shall prescribe in twenty
(20) years.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 7 of 70
BOOK TWO
HUMAN RESOURCES
DEVELOPMENT
APPRENTICESHIP AGREEMENT an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
TITLE I
NATIONAL MANPOWER
DEVELOPMENT PROGRAM
CHAPTER I
NATIONAL POLICIES AND
ADMINISTRATIVE MACHINERY FOR
THEIR IMPLELENTATION
TITLE II
TRAINING AND EMPLOYMENT OF
SPECIAL WORKERS
CHAPTER I
APPRENTICES
Qualifications of an Apprentice
1.
APPRENTICES
1. Apprentice
2. Learners
3. Handicapped
Requisites
APPRENTICESHIP
for
VALID
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 8 of 70
CHAPTER II
LEARNERS
ART 73. LEARNERS DEFINED
1. Practical training
on the job
supplemented by
related theoretical
instruction.
LEARNERSHIP
1. Hiring of persons
as trainees in
semi-skilled and
other industrial
occupations which
are nonapprenticeable
and which may be
learned thru
practical training
on the job in a
relatively short
period of time.
2. Practical training
on the job not to
exceed 3 mos.
3. No Commitment to
hire
3. With Commitment
to employ the
learner as regular
employee if he
desires upon
completion of
learnership
4. In case of
pretermination of
the apprenticeship
agreement, the
worker is not
considered as a
regular employee
4. Learner is
considered as a
regular employee
in case of
pretermination of
contract after 2
mos. of training
and the dismissal
is without fault of
learner
5. Highly technical
industries and only
in industrial
occupation
5. Semi-skilled /
industrial
occupations
APPRENTICESHIP
CHAPTER III
HANDICAPPED WORKERS
ART 78. DEFINITION
HANDICAPPED WORKERS - Are those
whose earning capacity is impaired by age or
physical or mental deficiency or injury.
-
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 9 of 70
BOOK THREE
CONDITIONS OF EMPLOYMENT
TITLE I
WORKING CONDITIONS AND REST
PERIODS
CHAPTER I
HOURS OF WORK
ELEMENTS
OF
EMPLOYEREMPLOYEE RELATIONSHIP:
1. selection and engagement of the
employee
2. the payment of wages
3. the power of dismissal
4. the employers power to control the
employee (with respect to the means
and methods by which the work is to
be accomplished)
-
Government Employees
Managerial Employees
Field Personnel
Family Members dependent on the
employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 10 of 70
PURPOSE
SHALL INCLUDE:
1. All time during which an employee is
required to be on duty or to be at a
prescribed workplace; and
2. All time during which an employee is
suffered or permitted to work
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 11 of 70
differential should
overtime rate.
MEAL PERIODS
on
his
RATIONALE
- employee is given OT pay because he is made
to work longer than what is commensurate with
his agreed compensation for the statutorily fixed
or voluntarily agreed hours of labor he is
supposed to do.
-
REQUISITES :
1. The employees voluntarily agree in writing to
a shortened meal period and are willing to
waive the overtime pay for such shortened
meal period;
2. No diminution whatsoever in the salary and
other fringe benefits of the employees
existing before the effectivity of the
shortened meal period;
3. Work does not involve strenuous physical
exertion and they are provided with
adequate coffee breaks;
4. The value of benefits is equal with the
compensation due them for the shortened
meal period
5. OT pay will become due and demandable
after the new time schedule; and
6. The arrangement is of temporary duration.
ART 86. NIGHT SHIFT DIFFERENTIAL
NIGHT SHIFT DIFFERENTIAL -Additional
compensation of not less than ten percent
(10%) of an employees regular wage for every
hour of work done between 10:00 PM and 6:00
AM, whether or not this period is part of the
workers regular shift.
-
based
RATIONALE
be
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 12 of 70
EXCEPTIONS:
1. When the waiver stipulates higher payment
or rate of OT pay; or
2. Where the contract of employment requires
work for more than eight hours of work at
specified wage per day providing for a fixed
hourly rate or that the daily wages include
overtime pay.
COMPRESSED WORKWEEK -allowable
under the following conditions:
1. It is voluntary on the part of the worker
2. There will be no diminution of the weekly or
monthly take-home pay and fringe benefits
of the employees;
3. The value of the benefits that will accrue to
the employees under the proposed schedule
is more than or at least commensurate with
the one-hour OT pay that is due them during
weekdays based on the employees
quantification
4. The one-hour OT pay will become due and
payable if they are made or permitted to
work on a day not scheduled for work on the
compressed work week
5. The work does not involve strenuous physical
exertion and employees must have
adequate rest periods
5. The arrangement is of temporary duration.
(WNUNCN)
W
N
C
CHAPTER II
WEEKLY REST PERIOD
ART 91. RIGHT TO A WEEKLY REST
DAY
-
RATIONALE
-
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 13 of 70
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
SPECIAL HOLIDAYS
1. All Saints Day -November 1
2. Last Day of the Year-December 31
3. And all other days declared by law or
ordinances to be a special holiday or nonworking day
NOTE: worked = regular wage plus 30%
premium pay
not worked = none
REGULAR HOLIDAYS:
New Years Day
-January 1
Maundy Thursday -Movable date
Good FridayMovable date
Araw ng Kagitingan -April 9
Labor Day -May 1
Independence Day -June 12
National Heroes Day`-Last Sunday
August
8. Bonifacio Day-November 30
9. Christmas Day-December 25
10. Rizal Day-December 30
1.
2.
3.
4.
5.
6.
7.
Note: Compensable
unworked.
whether
worked
of
or
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 14 of 70
REGULAR
HOLIDAY
SPECIAL
HOLIDAY
- compensable even
if unworked subject
to certain conditions
- not compensable if
unworked
- limited to the 10
enumerated by the
LC
- rate is 130% if
worked
TITLE II
WAGES
CHAPTER I
PRELIMINARY MATTERS
TO
SERVICE
WAGE
SALARY
compensation for
manual labor
- denotes higher
degree of
employment
Not subject
execution
- subject to
execution
vs. CA)
to
(Gaa
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 15 of 70
FACILITIES
SUPPLEMENTS
- Are items of
expense necessary
for the laborers and
his familys
existence and
subsistence
- Constitute extra
remuneration or
special privileges or
benefits given to or
received by the
laborers over and
above their ordinary
earnings wages
- independent of the
wage
- not wage
deductible
COVERAGE:
CHAPTER II
MINIMUM WAGE RATES
FORMS:
1.
2.
3.
4.
Christmas bonus
midyear bonus
profit sharing payments; and
other cash bonuses amounting to not less
than 1/12 of its basic salary.
Page 16 of 70
WHEN TO PAY:
-
force
majeure
or
other
circumstances
beyond
the
employers control, payment must be
made
immediately
after
such
occurrence have ceased.
CHAPTER III
PAYMENT OF WAGES
ART 102. FORMS OF PAYMENT
EXCEPTIONS:
1. When payment cannot be effected at or near
the place of work by reason of deterioration
of peace and security
2. When the employer provides for free
transportation to the employees back and
forth;
3. And under analogous circumstances
-
REQUISITES :
1.
2.
3.
4.
5.
6.
7.
promissory notes
vouchers
coupons
tokens
tickets
chits
or any object.
GENERAL RULE:
-
EXCEPTIONS:
- checks or money orders may be paid if:
1. the same is customary on the date of
effectivity of the LC;
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 17 of 70
ART 105.
WAGES
DIRECT PAYMENT
OF
TO WHOM PAID
-
EXCEPTIONS:
a. in
case
of
force
majeure/special
circumstances, payment may be made
through another person under written
authority where the worker has died, the
b. employer may pay the wages of the
deceased worker to the heirs of the latter,
through the Secretary of Labor or his
representative, without the necessity of
intestate proceedings, after the heirs have
executed an affidavit attesting to their
relationship to the deceased and the fact
that they are his heirs to the exclusion of all
others
JOB
CONTRACTING
LABOR ONLY
CONTRACTING
1. No E- E
relationship exist
between
employer and the
contractors
employee except
when the
contractor or
subcontractor
fails to pay the
wages of his
employees
1. Employer is treated
as direct employer
of the person
recruited in all
instances
2. liability is limited
to unpaid wages
and other labor
standards
violations
3. Permissible
3. Prohibited by law
4. Contractor has
substantial capital
or investment
4. Contractor has no
substantial capital/
investment
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 18 of 70
CHAPTER IV
PROHIBITIONS REGARDING WAGES
ART 112. NON-INTERFERENCE IN
DISPOSAL OF WAGES
In relation to the Civil Code:
Art. 1705. The laborers wages shall be paid in
legal currency.
Art. 1706. Withholding of the wages except for
a debt due, shall not be made by the employer
Art. 1707. The laborers wages shall be a lien
on the goods manufactured or the work done.
Art. 1708. The laborers wages shall not be
subject to execution or attachment except for
debts incurred for food, shelter, clothing, and
medical attendance.
Art. 1709. The employer shall neither seize nor
retain any tool or other articles belonging to the
laborer.
SSS Payments
MEDICARE
Contributions to PAG-IBIG Funds
value of meals and others
payments to third persons with employees
consent
6. deduction of absences
W/OUT EMPLOYEES CONSENT:
1. Workers insurance acquired by the employer
2. Union Dues, where the right to check-off has
been recognized by the employer
3. Cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor
4. debts of the employee to the employer which
have become due and demandable
CHAPTER V
WAGE STUDIES, WAGE
AGREEMENTS AND WAGE
DETERMINATION
ART 122. CREATION OF THE
REGIONAL TRIPARTITE WAGES AND
PRODUCTIVITY BOARDS
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 19 of 70
Unionized Establishment
ART. 123 WAGE ORDER
WAGE ORDER an order issued by the
Regional Board whenever the conditions in the
region so warrant after investigating and
studying all pertinent facts and based on the
standards and criteria prescribed by the LC, the
Regional Board proceeds to determine whether
to issue the same or not.
EFFECTIVITY of a wage Order it shall take
effect after 15 days from the its complete
publication in at least one newspaper of general
circulation in the region.
FREQUENCY of a wage order - 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.
EXCEPTION: When
Congress itself issues a law increasing wages.
CHAPTER VII
ADMINISTRATION AND
ENFORCEMENT
ART. 128. VISITORIAL AND
ENFORCEMENT POWER
ART. 129. RECOVERY OF WAGES,
SIMPLE MONEY CLAIMS AND OTHER
BENEFITS
-
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 20 of 70
REQUISITES :
1. The claim is presented by an employee or
person employed in domestic or household
service or househelper;
2. The claim arises from employer-employee
relations;
3. The claimant does not seek reinstatement;
and
4. The aggregate money claim of each
employee or househelper does not exceed
P5, 000.00
-
ART 128
ART 129
1. Visitorial and
enforcement
power of the
Secretary of
Labor /his duly
authorized
representatives
exercised through
routine
inspections of
establishments
1. Power of the
Regional Director or
any duly authorized
hearing officers to
hear and decide
matters involving
the recovery of
wages, upon
complaint of any
interested party
2. requires the
existence of E-E
Relationship
3. No limit as to
amount of claim
3. Aggregate claim of
each complainant
does not exceed
P5,000
4. Appeal is with
Sec.of Labor ;
period of appeal
is 10 calendar
days
5. The power is
vested upon a
regional director or
any duly authorized
hearing officer of
the DOLE.
5. Person exercising
the power is the
Sec. Of Labor or
any of his duly
authorized
representatives
who may or may
not be a regional
director
TITLE III
WORKING CONDITIONS FOR
SPECIAL GROUP OF EMPLOYEES
CHAPTER I
EMPLOYMENT OF WOMEN
ART 130. NIGHTWORK PROHIBITION
-
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 21 of 70
REQUISITES :
ART. 133
BENEFITS
MATERNITY
LEAVE
-
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 22 of 70
CONDITIONS :
2.
1. he is an employee at he time of the delivery
of his child;
2. he is cohabiting with his spouse at the time
she gives birth or suffers a miscarriage;
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a
miscarriage
-
ART
135.
PROHIBITED
-
3.
DISCRIMINATION
OF
Acts of Discrimination:
CHAPTER II
EMPLOYMENT OF MINORS
the
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 23 of 70
b.
c.
employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
There is a written contract approved
by the DOLE; and
The conditions prescribed for the
employment of minors {above stated}
are met.
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS
INDUSTRIAL HOMEWORK - a system of
production under which work for an employer or
contractor is carried out by a homeworker at his
home.
INDUSTRIAL HOMEWORKER - a worker
who is engaged in industrial homework
BOOK FOUR
HEALTH, SAFETY AND SOCIAL
WELFARE BENEFITS
HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the
workers
to dangerous
environmental
elements, contaminants or work conditions;
2. Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock
work,
deep-sea
fishing,
and
mechanized farming;
3. Where the workers are engaged in the
manufacture or handling of explosives and
other pyrotechnic products;
4. Where the workers use or are exposed to
heavy or power-driven machinery or
equipment; and
5. Where the workers use or are exposed to
power-driven tools,
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:
1. minimum cash wage
2. non-assignment to non- household work
3. opportunity for education: if under 18 (cause
of education part of compensation)
4. board/ lodging, medical attendance
5. just and humane treatment
TITLE I
MEDICAL, DENTAL AND
OCCUPATIONAL SAFETY
CHAPTER I
MEDICAL AND DENTAL SERVICES
ART 156. FIRST-AID TREATMENT
FIRST-AID TREATMENT adequate,
immediate, and necessary medical and dental
attention or remedy given in case of injury or
illness suffered by a worker during employment,
irrespective of whether or not such injury or
illness is work-connected, before
a more
extensive medical and/or dental treatment can
be secured.
FIRST AIDER any person trained and duly
certified as qualified to administer first aid by the
Phil. National Red Cross or by any other
organization accredited by the former.
TITLE II
EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 24 of 70
EMPLOYEES
COMPENSATION
LAW
1. There is a
presumption of
compensability
1. no presumption of
compensability
2. there is a
presumption of
aggravation
2. no presumption of
aggravation
4. payment of
compensation
made by the
employer
4. payment of
compensation
made by SSS/GSIS
through the State
Insurance Fund
WORKMENS
COMPENSATION
ACT
DEATH or sickness
1.
2.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 25 of 70
EFFECTIVE
ART 170.
COVERAGE
1.
2.
Intoxication;
Willful intention to injure or kill himself or
another;
Notorious negligence; or
Unless otherwise provided by the LC
3.
4.
7. POSITIONAL
AND
LOCAL
RISKS
DOCTRINE If an employee by reason of
his duties is exposed to a special or peculiar
danger from the elements, that is, one
greater than that to which other persons in
the community are exposed and an
unexpected injury occurs, the injury is
compensable
CHAPTER II
COVERAGE AND LIABILITY
ART 168. COMPULSORY COVERAGE
-
OF
4. SPECIAL
DATE
CHAPTER VI
DISABILITY BENEFITS
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 26 of 70
a. Illegitimate
children
and
legitimate
descendants
b. parents, grandparents, grandchildren
DISABILITY CATEGORIES:
TEMPORARY TOTAL - if as a result of the
injury or sickness, the employee is unable to
perform any gainful occupation for a continuous
period not exceeding 120 days
BOOK FIVE
LABOR RELATIONS
DEATH BENEFITS
-
DEPENDENTS:
1. the legitimate, legitimated, legally adopted or
acknowledged natural child who is
unmarried, not gainfully employed and not
over 21 years of age or over 21 years of
age provided that he is incapable of selfsupport due to a physical or mental defect
which is congenital or acquired during
minority
2. legitimate spouse living with the employee
3. the parents of said employee wholly
dependent upon him for regular support
TITLE I
POLICY AND DEFINITIONS
ART 211. DECLARATION OF POLICY
LABOR RELATIONS LAW - Concerned with
the stabilization of relations of employer and
employees and seeks to forestall and adjust
grievances through - the encouragement of
collective bargaining and the settlement of labor
disputes through conciliation, mediation and
arbitration.
-
PARTIES
CASES:
TO
LABOR
RELATIONS
BENEFITS
1. for life to the primary beneficiaries,
guaranteed for five years
2. for not more than 60 months to the
secondary beneficiaries in case there are no
primary beneficiaries
3. in no case shall the total benefit be less that
P 15, 000.00
PRIMARY BENEFICIARIES
SECONDARY BENEFICIARIES
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 27 of 70
PARTIES TO A DISPUTE:
1. Primary Parties employer, employees,
union
2. Secondary Parties voluntary
arbitrator,
agencies of DOLE (BLR, NLRC, VAC, Sec.
Of Labor, Office of the President)
CONSULTATION ON POLICIES OF
MANAGEMENT AND OF THE EMPLOYER
-
PURPOSES OF LABOR
ORGANIZATIONS:
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 28 of 70
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL LABOR
RELATIONS COMMISSION
TRIPARTISM
- Five (5) divisions of NLRC.
- Three (3) sectors are represented in the
composition of the NLRC.
- each division (3 commissioners) will
have representative from the
following :
its
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 29 of 70
CHAPTER II
POWERS AND DUTIES
ART 217. JURISDICTION OF LABOR
ARBITERS AND THE COMMISSION.
a. Except as otherwise provided under this
Code the Labor Arbiters shall have original
and exclusive jurisdiction to hear and
decide, within 30 calendar days after the
submission of the case by the parties for
decision without extension, even in the
absence of stenographic notes, the following
cases involving all workers, whether
agricultural or non-agricultural:
1, Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for
reinstatement, those cases that
workers may file involving wages,
rates of pay, hours of work and
other terms and conditions of
employment;
4. Claims
for
actual,
moral,
exemplary and other forms of
damages arising from employeremployee relations;
5. Cases arising from any violation
of Art 264 of this Code, including
questions involving the legality of
strikes and lockouts; and
6. Except claims for Employees
Compensation, Social Security,
Medicare and maternity benefits,
all other claims arising from
employer-employee
relations,
including those of persons in
domestic or household service,
involving an amount exceeding
P5,000.00 regardless of whether
accompanies with a claim for
reinstatement.
7.Monetary claims of overseas
contract workers under the
Migrant Workers Act of 1995.
b. The Commission shall have exclusive
appellate jurisdiction over all cases
decided by Labor Arbiters.
c. Cases arising from the interpretation or
implementation of CBA and those arising
from the interpretation or enforcement of
company personnel policies shall be
disposed of by the Labor Arbiter by referring
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 30 of 70
4. NLRC
5. Regional Directors
6. Med- Arbiters
to
the
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 31 of 70
3. if he is a duly-accredited member of
the legal aid office duly recognized
by the DOJ of IBP in cases referred
thereto by the latter.
ATTORNEYS FEES: The maximum amount to
be given a lawyer is 10% of the monetary
benefits awarded to the employees excluding
the award for moral and exemplary damages
shall not be included.
-
CHAPTER III
APPEAL
ART. 223. APPEAL
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 32 of 70
TITLE III
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 33 of 70
NATIONAL
CONCILIATION
MEDIATION BOARD:
-
AND
An unregistered CBA
certification election.
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND
CANCELLATION
bar
REQUIREMENTS OF A VALID
QUITCLAIM:
not
does
the
the
20%
unit
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 34 of 70
REQUIREMENTS
BEFORE
FEDERATION CAN BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
not
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 35 of 70
OF
ART
239.
CANCELLATION
REGISTRATION.
GROUNDS
FOR
OF
UNION
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 36 of 70
The record
President.
shall
be
attested
by the
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
Art. 241(n).
for
the
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 37 of 70
EXCEPTIONS :
1. For mandatory activities provided under
the Code; and
2. When non-members of the union avail
of the benefits of the CBA.
- said
non-members
may
be
assessed union dues equivalent to
that paid by members
- only by a Board Resolution
approved by majority of the
members in a general meeting
called for the purpose
CHAPTER III
RIGHTS OF LEGITIMATE LABOR
ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE
LABOR ORGANIZATIONS
RIGHTS OF A LEGITIMATE LABOR
ORGANIZATION:
1.
2.
3.
4.
5.
EFFECT OF CANCELLATION OF
REGISTRATION IN THE COURSE OF
PROCEEDINGS;
Where a labor union is a party in a
proceeding and later it loses its registration
permit in the course or during the pendency
of the case, such union may continue still as
a party without need of substitution of
parties,
subject
however
to
the
understanding that whatever decision may
be rendered therein will only be binding
upon those members of the union who have
not signified their desire to withdraw from
the case before its trial and decision on the
merits.
TITLE V
COVERAGE
ART. 243. COVERAGE AND
EMPLOYEES RIGHT TO SELF
ORGANIZATION
GOVERNMENT
GOVERNMENT
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 38 of 70
OWNED OR
CONTROLLED
CORPORATIONS
WITH A CHARTER
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
CHARTER
1. Employees cannot
stage strikes since
they are governed
by the Civil
Service Law. They
are enjoined by
Civil Service
Memorandum
Circular No. 6,
under pain of
administrative
sanctions, from
staging strikes,
demonstrations,
mass leaves, walkouts and other
concerted
activities.
1.The GOCC is
created under
Corporation Code,
then employees are
covered by the
Labor Code.
Therefore the
employees have
the same rights as
those as employees
of private
corporations, one of
which is the right to
stage strikes.
2.Corporations with
original
charters
cannot bargain with
the
government
concerning
the
terms
and
conditions of their
employment.
However, they can
negotiate with the
government
on
those terms and
conditions
of
employment which
are not fixed by law.
Thus, they have a
limited bargaining
rights.
2. The GOCC is
created
under
Corporation
Code,
being governed by
the Labor Code, they
can bargain with the
government
concerning the terms
and conditions of
their employment.
Thus, they have an
unlimited bargaining
rights.
1.
2.
3.
4.
5.
6.
of
appointments
promotion
assignments/details
reclassification/upgrading of position
revision of compensation structure
penalties imposed as a result of
disciplinary actions
selections of personnel to attain
seminar, trainings. Study grants
distribution of work load
external communication linkages
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 39 of 70
Commercial
Industrial
Agricultural enterprises, including:
charitable
religious
education or
medical institution
ART
245.
INELIGIBILITY
OF
MANAGERIAL EMPLOYEES TO JOIN
ANY LABOR ORGANIZATION; RIGHT OF
SUPERVISORY EMPLOYEES.
Self- employed
Without definite employers
Ambulant
Intermittent and Itinerant
Rural worker
ART. 246.
THE RIGHT TO SELF-ORGANIZATION
SHALL NOT BE ABRIDGED MEANS:
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
ART. 247 UNFAIR LABOR
PRACTICES
NATURE
PRACTICES:
OF
UNFAIR
LABOR
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 40 of 70
the
be
be
but
the
TEST OF DISCRIMINATION:
a.
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
ART 248. ULP THAT MAY BE COMMITTED
BY AN EMPLOYER
1.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 41 of 70
UNION
SECURITY
DIFFERENT KINDS OF
SECURITY ARRANGEMENTS:
UNION
3. MAINTENANCE
OF
MEMBERSHIP
CLAUSE - the agreement DOES NOT
require non-members to join the contracting
union BUT provides that those who are
members thereof at the time of the
execution of the CBA and those may
thereafter on their own volition become
members must for the duration of the
agreement maintain their membership in
good standing as a condition for continued
employment in the company for the duration
of the CBA.
4. PREFERENTIAL SHOP AGREEMENT The employer agrees to give preference to
the members of the bargaining union in
hiring or filing vacancies and retention in
case of lay-off. But the employer has the
right to hire in open market if union
members are not available. Usually,
descendants (children) are also given
preference in employment.
5.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 42 of 70
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART
250.
PROCEDURE
COLLECTIVE BARGAINING
PROCEDURE IN COLLECTIVE
BARGAINING:
1. Written notice with statement of proposals
2. Reply by the other party
3. In case of differences, either party may
request for a conference
4. If not settled NCMB may intervene and
encourage the parties to submit the dispute
to a voluntary arbitrator
5. If not resolved, the parties may go to where
they want and resort to any other lawful
means.
COLLECTIVE BARGAINING
AGREEMENT- (CBA)
IN
wages
hours of work
grievance machinery
voluntary arbitration
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 43 of 70
5. family planning
6. rates of pay
7. mutual observance clause
THINGS
TO
CONSIDER
DETERMINING THE COMMUNITY
INTEREST DOCTRINE:
MODES
OF
CHOOSING
EXCLUSIVE BARGAINING UNIT:
THE
1. SELECTION
- certification election
2. DESIGNATION
a) voluntary recognition
b) direct certification
CERTIFICATION ELECTION - process of
determining by secret ballot the sole and
exclusive bargaining agent of the employees in
an appropriate bargaining unit, for purposes of
collective bargaining.
DIRECT CERTIFICATION - process whereby
the Med-Arbiter directly certifies a labor
organization of an appropriate bargaining unit of
a company after a showing that such petition is
supported by at least a majority of the
employees in the bargaining unit. It is no
longer allowed. (EO 111)
VOLUNTARILY RECOGNITION
-
IN
OF
CERTIFICATION
ELECTION
CONSENT
ELECTION
1. aimed at
determining the
sole and
exclusive
bargaining agent
of all the
employees in an
appropriate
bargaining unit
for the purpose
of collective
bargaining;
1. an agreed one,
its purpose
being merely to
determine the
issue of majority
representation of
all the workers in
the appropriate
collective
bargaining unit
2. separate and
distinct from a
consent election
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 44 of 70
and distinct
process and has
nothing to do
with the import
and effect of a
certification
election
EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
-
1. In an unorganized company
a. upon the filing of a verified petition by a
legitimate labor organization; or
b. upon the filing of a petition by the
employer when such employer is
requested by the employees to bargain
collectively.
2. In an organized company upon the filing of
a verified petition by a legitimate labor
organization questioning the majority status
of the incumbent bargaining agent within the
60-day freedom period before the expiration
of a CBA.
- The petition must be supported by
the written consent of at least 25%
of all the employees in the
appropriate bargaining unit.
TO
DETERMINE
THE
TWO
MAJORITY RULE :
1. In determining valid votes, eliminate spoiled
ballots but include challenged votes
2. In determining the eligible votes cast,
include spoiled ballots
RUN-OFF ELECTIONS
This happens when:
a. The election provides for at least 3
choices(no union is always a
choice)
b. The election results in none of the
choices received the majority
votes(50%+1) of the valid votes cast
HOW
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 45 of 70
REQUIREMENTS IN ORDER
INVOKE CONTRACT-BAR RULE:
TO
JURISDICTIONAL PRECONDITIONS OF
COLLECTIVE BARGAINING: (Kiok Loy
Case)
1. Possession
of
status
of
majority
representation
2. Proof of majority representation
3. Clear and unequivocal demand to bargain
collectively
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 46 of 70
SUCCESSOR-IN-INTEREST DOCTRINE
occurs when an employer is succeeded by
another employer, the successor-in-interest who
is a buyer in good faith has no liability to
employees in continuing employment and
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor
practice.
Will of employees
Affinity and unity of employees interest
Prior collective bargaining history
Employment status, such as temporary,
seasonal and probationary employees.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 47 of 70
TITLE VII- A
(as incorporated by RA 6715)
1.
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage of work by
the concerted action of employees as a result of
an industrial or labor dispute.
IMPORTANCE
-
JURISDICTION OF VOLUNTARY
ARBITRATORS:
EXCLUSIVE ORIGINAL JURISDICTION
CONFERRED BY LAW
a) interpretation or implementation of the
CBA
b) interpretation or enforcement of
company personnel polices
Lack of jurisdiction
Grave abuse of discretion
Violation of due process
Denial of substantial justice
Erroneous interpretation of the law
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 48 of 70
1. Voluntary strike
because the
employee will
declare strike to
compel
management to
grant its
demands.
1. Involuntary :
labor
organization is
forced to go on
strike because
the ULP
committed
against them by
the employer. It
is an act of selfdefense since
the employees
are being
pushed to the
wall and their
only remedy is to
strike.
ECONOMIC
STRIKE
ULP STRIKE
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 49 of 70
TOTALITY DOCTRINE:
the culpability of an employers remarks
were to be evaluated not only on the basis of
their implicit
implications, but were to be
appraised against the background of and in
conjunction with collateral circumstances.
-
decide it or
certify the same to the Commission for
COMPULSORY ARBITRATION.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 50 of 70
GENERAL RULE:
-
EXCEPTIONS:
1.
2.
Where there is return-to-work and the
employees are discriminated against.
- -They are entitled to backwages
from the date of discrimination.
RULES IN STRIKES IN HOSPITALS
1. It shall be the duty of 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
lock-out.
2. Secretary of Labor may immediately assume
jurisdiction within 24 hours from knowledge of
the occurrence of such strike or lock-out or
certify it to the Commission for compulsory
arbitration
GOCCs organized under the Corporation Code
with no original charter of its
own can declare a strike.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 51 of 70
RULES ON
WORKERS:
REINSTATEMENT
OF
GENERAL RULE
Striking
employees are entitled to reinstatement,
regardless of whether or not the strike was the
consequences of the employers ULP
ART
265.
BALLOTING
OFFER
IMPROVED
OFFER
BALLOTING:
a
referendum conducted by the NCMB on or
before the 30th day of the strike, for the purpose
of determining whether or not the improved offer
of the union is acceptable to the union members.
- applies only to economic strikes (bargaining
deadlock)
PURPOSE: to ascertain the real sentiment
of the silent majority of the union members
on strike.
REDUCED OFFER BALLOTTING
-
BOOK SIX
POST EMPLOYMENT
REASON:
because while out of
strike, the strikers are not considered to have
IMPROVED
TITLE I
TERMINATION
OF
EMPLOYMENT
ART 279. SECURITY OF TENURE
SECURITY OF TENURE is the constitutional
right granted the employee, that the employer
shall not terminate the services of an employee
except for just cause or when authorized by law.
An employee that has been dismissed illegally is
entitled to:
a. Reinstatement
b. Backwages
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 52 of 70
PROBATIONARY
PERIOD
OF
EMPLOYMENT - the period needed to
determine the fitness for the job, i .e., the
time needed to learn the job.
It is period during which the employer
may determine if the employee is qualified for
possible inclusion in the regular force.
NOTE: The standard which the probationary
employee is to meet must be made known by
the employer to the employee at the time of the
engagement.
Probationary employees may be terminated for
the same causes as a regular employee, except
that there is an additional ground failure to
meet the standard.
Is it necessary that probationary employment
be for a period of 6 months?
No. Provided that the following
requisites concur:
1. it is done before the lapse of 6
months;
2.employee must be advised of such extension;
3. employee must agree.
EFFECT IF PROBATIONARY EMPLOYEE IS
ALLOWED TO WORK BEYOND 6 MONTHS:
If the probationary employee is allowed
to work beyond the period of 6 months or the
agreed probationary period, said employee
become a regular employee by operation of law.
STANDARDS
UNDER
WHICH
EMPLOYER MAY RETRENCH:
AN
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 53 of 70
ART.
285.
EMPLOYEE
TERMINATION
BY
SEPARATION PAY
In case of termination due to
a) THE INSTALLATION OF LABOR-SAVING
DEVICES OF
b) REDUNDANCY,
- the worker affected thereby shall be entitled
to a separation pay equivalent to at least
one (1) month pay or to at least one (1)
month pay for every year of service,
whichever is higher.
c) RETRENCHMENT TO PREVENT LOSSES
and CLOSURES OR CESSATION OF
OPERATIONS (NOT due to serious
business losses or financial reverses)
- The separation pay shall be equivalent to
one (1) month pay or at least month pay
for every year of service, whichever is
higher.
d) In the case of ILLNESS
- separation pay equivalent to at least one
month salary or to month salary for every
year of service, whichever is greater, a
fraction of at least 6 months shall be
considered one (1) whole year.
BOOK SEVEN
TRANSITORY AND FINAL
PROVISIONS
TITLE II
PRESCRIPTION OF OFFENSES AND
CLAIMS
ART. 291. MONEY CLAIMS
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 54 of 70
PERIODS OF PRESCRIPTION
A. MONEY CLAIMS-The prescriptive period is
3 years from the accrual of the cause of
action.
B. ULP -The prescriptive period of filing a case
for ULP is 1 year from the accrual of the
cause of action.
ILLEGAL DISMISSAL
The prescriptive period of filing a case
for illegal dismissal is 4 years from the accrual of
the cause of action. (Art. 1146)
NOTE: The period of prescription mentioned
under Article 281, now Article 292, of the Labor
Code, refers to and is limited to money claims,
all other cases of injury to rights of a
workingman being governed by the Civil Code.
Hence, reinstatement prescribes in 4 years.
POST- EMPLOYMENT
FORMS OF REINSTATEMENT:
1. ACTUAL OR PHYSICAL REINSTATEMENT
-the employee shall be admitted back to
work;
2.
PAYROLL REINSTATEMENT
- the employee is merely reinstated in
the payroll.
PERIOD COVERED BY THE PAYMENT OF
BACKWAGES: Backwages shall cover the
period from the date of dismissal of the
employee up to the date of actual
reinstatement.
SECURITY OF TENURE: An employer
CANNOT terminate the services of an employee
EXCEPT for a just cause or when authorized by
law.
REQUIREMENTS OF DUE PROCESS
BEFORE AN EMPLOYEE CAN BE REMOVED:
1. written notice to apprise the employee of the
particular acts or omission for which his
dismissal is sought and is hereby
considered as the proper charge;
2. ample opportunity to be employee to be
heard and if the employee so decides, with
the assistance of counsel; and
3. written notice informing the employee of the
employers decision to dismiss him.
Under
the
so-called
WENPHIL
DOCTRINE if just or authorized cause exist but
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 55 of 70
WHAT
ARE
INCLUDED
IN
COMPUTATION OF BACKWAGES
THE
DEPENDENTS:
1. the legal spouse entitled by law to
receive support from the member
2. the legitimate, legitimated or legally
adopted and illegitimate child who is
unmarried, not gainfully employed
and has not reached 21 years of
age or if 21 years of age, he is
congenitally incapacitated or while
still a minor has been permanently
incapacitated and incapable of selfsupport, physically and mentally and
3. the parent who is receiving regular
support from the member
CIRCUMSTANCES
THAT
AWARD OF BACKWAGES:
1.
2.
3.
4.
5.
6.
PREVENT
EMPLOYER
Any person natural or juridical,
domestic or foreign, who carries on in
the Philippines, any trade business,
SPECIAL LAWS
EMPLOYEE
Any person who performs
services for an employer in which either
or both mental and physical efforts are
used and who receives compensation
for such services, where there is an
employer- employee relationship.
BENEFICIARIES
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 56 of 70
MEDICARE
COVERAGE:
All SSS members are covered under the
Medicare program. Total permanent disability,
unemployed
partial
permanent
disability,
retirement pensioners and survivors of
deceased members of the SSS and their
dependents are also entitled to medical care
benefits without need of additional contributions
PERIOD OF ENTITLEMENT
The member or pensioner is entitled to a
maximum of 45 days confinement in a hospital
in a given calendar year. His dependents are
given another set of 45 days to be shared
among themselves. Unused benefits cannot be
carried over to the succeeding year.
UNEMPLOYMENT OR INVOLUNTARY
SEPARATION BENEFITS
Monthly cash payments equivalent to
50% of the average monthly compensation shall
be paid to a permanent employee who is
involuntarily separated from the service due to
the abolition of his office or position usually
resulting from reorganization.
RETIREMENT BENEFITS: CONDITIONS
FOR ENTITLEMENT
1. Member has rendered at least 15
years of service
2. He is at least 60 years of age at the
time of retirement
3. He is not receiving a monthly
pension benefit from permanent
total disability
GOVERNMENT SERVICE
INSURANCE SYSTEM
COMPULSORY MEMBERSHIP
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 57 of 70
SURVIVORSHIP BENEFITS:
Upon the death of a member, the
primary beneficiaries shall be entitled to:
survivorship pension, PROVIDED:
a. member was in service at the time of his
death
b. if separated from service, has rendered
at least 3 years of service and paid 36
monthly contributions with the 5- year
period immediately preceding his death
or has paid a total of at least 180
monthly contributions.
LIFE INSURANCE BENEFITS
All employees except members of the
AFP and the PNP shall be compulsorily covered
with life insurance.
PRESCRIPTION OF CLAIMS
JURISDICTION
- NLRC
RA 8042 has transferred to the NLRC
the jurisdiction over employer-employee cases
1. Money Claims.-, the Labor Arbiters of
the National Labor Relations Commission
(NLRC) shall have the original and exclusive
jurisdiction to hear and decide, the claims arising
out of an employer-employee relationship or by
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 58 of 70
POEA
The POEA retains original and exclusive
jurisdiction to hear and decide:
1. all cases which are administrative in
character, involving or arising out of
violations of rules and regulations relating to
licensing and registration of recruitment and
employment agencies or entities; and,
2. disciplinary action cases and other special
cases which are administrative in character,
involving employers, principals, contracting
partners and Filipino migrant workers.
VENUE
Repatriation fund
Loan Guaranty fund
Legal Assistance fund
Congressional Migrant Workers Scholarship
fund
DFA
DOLE
POEA
OWWA
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 59 of 70
OF
THE
RIGHT
TO
government employees
employees already receiving 13th month pay
household helpers
employees paid purely on commission basis
REGISTRATION
Government
employees
organization shall register with the Civil
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 60 of 70
STATEMENT
OF POLICIES
EMPLOYER
COVERAGE
COMPULSORY
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 61 of 70
VOLUNTARY
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
EXEMPTED
EMPLOYMENT
1. AFP
2. PNP
3. Contractuals who have no employer
and employee relationship
* Members of the judiciary and the
Constitutional Commissions life
insurance only
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 62 of 70
BENEFITS
1.
2.
3.
4.
5.
6.
7.
8.
Monthly pension
Dependents pension
Retirement
Death Benefits
Permanent Disability benefits
Funeral
Sickness
Maternity
1.
2.
3.
4.
5.
6.
Life Insurance
Retirement
Disability
Survivorship
Separation
Unemployment
BENEFICIARIES
PRIMARY
SECONDARY
1. Dependent parents
2. Legitimate descendants subject to the
restrictions on dependent children,
the legitimate descendants
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 63 of 70
CONTRIBUTIONS
1. Employers contributions
2. Employees contribution
3. Government contribution
1. Employers contribution
2. Employees contribution
MODE
OF COLLECTION
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 64 of 70
PENALTIES
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 65 of 70
DISABILITIES DEEMED
PERMANENT TOTAL
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 66 of 70
DISABILITIES DEEMED
PERMANENT PARTIAL
SYSTEM EXCUSED
FROM LIABILITY
AMOUNT OF FUNERAL
BENEFITS
P12,000.00
WHO PAYS
REMITTANCES?
COVERAGE
NOTICE
imbecility or insanity
5. Other cases determined by GSIS.
P10,000.00
Employer
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 67 of 70
REQUIREMENT
EFFECT OF
ERRONEOUS
PAYMENT
DISPUTE SETTLEMENT
1.
2.
3.
4.
1.
2.
3.
4.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 68 of 70
difference.
However, with respect to workconnected illness and injuries, he
may also recover in full under ECC,
applying the Mazo Sugar Central vs
CA case.
PRESCRIPTIVE
PERIODS
Grievance Machinery
1. Interpretation or
implementation of the
CBA
2. Interpretation or
3. Labor
Management
enforcement of
Relations
except
company personnel
interpretation
or
policies
implementation of the
CBA
Voluntary Arbitration
1. Unresolved Grievances
2. Agreement on other
labor dispute(Bargaining
deadlock, ULP)
Labor Arbiter
(UTRCCC-M)
1. ULP
NLRC
1. Appellate jurisdiction
over Labor Arbiters
2. Termination Disputes
2. Injunction
3. Reinstatement-with
cases involving wages
3. Contempt
4. Claims of damages
arising from E-E
relationship
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 69 of 70
5. Cases involving
prohibited acts in strikes
(ART. 264)
6. Claims arising from E-E
relationship including
those of domestic
service, involving
amount exceeding
P5,000.0
7. Migrant Worker Cases
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , MacMac Romero, Filmar Callejo, Sally Silva, Joy Mejia, Howard Arzadon
Page 70 of 70