Labor Relations

San Beda College of Law
MEMORY AID
1. 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
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 not primary beneficiaries
3. in no case shall the total benefit be
less than P15,000.00
BENEFICIARIES
PRIMARY BENEFICIARIES
A. dependent
spouse
until
he
remarries
B. dependent children (legitimate,
legitimated, natural born or legally
adopted)
MEDICARE
(Repealed by National Health Insurance
Act of 1995)
(See annex for PHILHEALTH)
PAG-IBIG Law- creates a provident
savings system for employees, public and
private, with housing as the primary
investment.
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
LABOR LAW COMMITTEE
LABOR LAW
ART. 211. DECLARATION OF

POLICY
LABOR RELATIONS the interactions
between the employer and employees
and their representatives and the
mechanism by which the standards and
other
terms
and
conditions
of
employment are negotiated, adjusted
and enforced.
LABOR RELATIONS LAW those
intended to stabilize the relations of
employees and their employers, adjust
differences between them through the
encouragement of collective bargaining,
and settle labor disputes through
conciliation, mediation and arbitration.
SECONDARY BENEFICIARIES
A.
illegitimate children and legitimate
descendants
B.
parents,
grandparents,
grandchildren
TITLE III
IN
it defines the status, rights, and

duties and the institutional
mechanisms that govern the
individual
and
collective
interactions
of
employers,
employees
or
their
representatives.
Absent an employer-employee
relation, there is no labor
relations to speak of.
Collective bargaining process is
possible only when there is a labor
organization, i.e., (1) labor union
or (2) employee association.
POLICY is intended to install industrial

democracy centered on collective
bargaining, leading to social justice as
the end goal.
PARTIES TO LABOR RELATIONS CASES:
1. employees organization,
2. management, and
3. the public
The public is always to be
considered in disputes between
labor and capital, and it has
been held that the rights of the
general public are paramount.
Labor relations policy under the LC is
embodied in Section 3 Article XIII of
the 1987 Constitution which guarantees
to all workers their right among others
to:
CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle
Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez
ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto

MEMORY AID
1. Self-organization,
2. Collective
bargaining
and
negotiations,
3. Peaceful and concerted activities
including the right to strike in
accordance with law, and
4. Participate
in
policy
and
decision-making
processes
affecting
their
rights
and
benefits as may be provided by
law.
ART. 212. DEFINITIONS
EMPLOYER- one who employs the
services of others; one for whom
employees work and who pays their
wages or salaries.
any person acting in the interest of an
employer, directly or indirectly. The
term does not include a labor
organization or any of its officers and
agents, EXCEPT when acting as an
employer.
EMPLOYEE- one who works for an
employer; a person working for salary or
wages.
Shall not be limited to the
employees of a particular
employer, and it shall include
any individual whose work
has ceased as a result of or in
connection with any
current
labor dispute or because of any
unfair labor practice IF he has
not obtained any other:
1. Substantially equivalent
and
2. Regular employment
(Art.212f)
ICAWO vs. CIR (16 SCRA 562): The
category of any employee is so broad
as to justify employee status for
supervisors, regular workers, casual
employees,
emergency
laborers,
substitute workers, seasonal workers,
part-time workers and other special
work groups.
APEX MINING CO., vs. NLRC (196 SCRA
251): Laundrywoman not actually
serving the family of the employer but
working in the staff houses or within the
LABOR LAW COMMITTEE
IN
LABOR LAW
premises of the employers business is a

regular employee and is not included in
the definition of domestic helper.
FELIX vs. BUENASEDA (240 SCRA 139):
Residency or resident physician position
in a medical specialty is not employment
but connotes training and temporary
status. (No E-E relationship)
WORKERS ASSOCIATION - any
association of workers organized for the
mutual aid and protection of its
members or for any legitimate purpose
other than for collective bargaining.
INDEPENDENT UNION It refers to any
labor organization operating at the
enterprise level whose legal personality
is derived through an independent action
for registration with the Bureau of Labor
Relations (BLR) of the Department of
Labor and Employment prescribed under
Art. 234. It may be affiliated with a
federation, national or industry union, in
which case it may also be referred to as
an affiliate.
FEDERATION - any labor organization
with at least 10 locals/chapters or
affiliates each of which must be a duly
certified or recognized as the sole and
exclusive collective bargaining agent of
the employees of an appropriate
bargaining unit.
LEGITIMATE WORKERS ASSOCIATION
refers to an
association of workers
organized for mutual aid and protection
of its members of for any legitimate
purpose other than collective bargaining
registered with the Department in
accordance with Rule III, Sections 2-C
and 2-D of these rules.
LABOR MANAGEMENT COUNCIL
- Deals with the employer on
matters affecting the employees
rights, benefits and welfare.
Purposes are to:
a.
b.
c.
promote gainful employment

improve working conditions and
achieve increased productivity
(RA 6971)

MEMORY AID
LABOR ORGANIZATION any union or
association of employees which exists in
whole in part for the purpose
of
collective bargaining with employers
concerning terms and conditions of
employment.
LEGITIMATE LABOR ORGANIZATIONany labor organization which is duly
registered with the Department of Labor.
The term includes a local/chapter of the
Bureau of Labor Relations directly
chartered by a legitimate federation or
national union which has been duly
reported
to
the
Department
in
accordance with Rule VI, Section 2 of
Book V of the Rules Implementing the
LC.
LABOR DISPUTE includes
controversy or matter concerning:
1.
2.
terms or conditions of employment

OR
the association or representation of
persons in negotiating, fixing,
maintaining, changing or arranging
the terms and conditions of
employment
The test
of whether a labor controversy comes
within the definition of a labor dispute
depends on whether it involves or
concerns
terms,
conditions
of
employment, or representation.
TYPES OF LABOR DISPUTES:
1. Labor Standards Disputes
a. Compensation
[e.g.,
underpayment
of
minimum
wage; stringent output quota;
illegal pay deductions]
b. Benefits
[ e.g., nonpayment of
holiday pay, overtime pay or other
benefits]
Working conditions [e.g., unrectified
work hazards]
2. Labor Relations Disputes

a. Organizational right dispute/
unfair labor practice [e.g.,
LABOR LAW COMMITTEE
c.
d.
any
REGARDLESS of whether the disputants

stand in the proximate relation of
employer and employee.
c.
b.
e.
IN
LABOR LAW
coercion,
restraint
or
interference
in
unionization
efforts; reprisal or discrimination
due to union activities; company
unionism]
Representation disputes [e.g.,
determination of the collective
bargaining unit; ULP strike;
uncertainty as to determination
of the sole and exclusive
bargaining
agent
of
the
employees in an appropriate
bargaining unit which is the
majority union]
Bargaining disputes [e.g., refusal
to bargain (ULP); bargaining
deadlock; economic strike or
lockout]
Contract
administration
or
personnel policy disputes [e.g.,
noncompliance
with
CBA
provisions
(ULP
if
gross
noncompliance with economic
provisions);
disregard
of
grievance machinery; violation
no strike/no lockout agreement]
Employment tenure disputes
[e.g., non regularization of
employees; illegal termination;
non-issuance of employment
contract]
PARTIES TO A DISPUTE:
1. PRIMARY PARTIES employer,
employees, union
2. SECONDARY PARTIES voluntary
arbitrator, agencies of DOLE (BLR,
VAC), NLRC, Sec. of Labor, Office of
the President
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL
RELATIONS COMMISSION
LABOR
NLRC an administrative body with

quasi-judicial functions and the principal
government agency that hears & decides

MEMORY AID
labor-management disputes; attached to
the DOLE for program & policy
coordination only.
EN BANC
1.
Promulgating
rules
&
regulations
governing
the
hearing & disposition of cases
before any of its divisions and
regional
branches
and
formulating policies affecting
its
administration
and
operations.
2.
Under R.A. 7700: to allow cases

within the jurisdiction of any
division to be heard and
decided by any other decision
whose docket allows the
additional workload.
DIVISION
1.
Exercises
adjudicatory
or
appellate power over decisions
of Labor Arbiters and Regional
Directors of the DOLE over
monetary claims not over
P5,000.00 and all other powers,
functions and duties through its
divisions.
QUALIFICATIONS OF THE CHAIRMAN AND

THE COMMISSIONERS:
1. must be a member of the
Philippine Bar;
2. must have been engaged in the
practice of law in the Philippines
for at least 15 years;
3. must
have
experience
or
exposure in handling labor
management relations for at
least 5 years; and
4. preferably a resident of the
region where he is to hold
office.
The appointment of the Chairman

and the Commissioners of the NLRC
are not subject to confirmation by
the Commission on Appointments.
QUALIFICATIONS OF EXECUTIVE
LABOR ARBITERS/LABOR ARBITERS:
1. must be members of the
Philippine Bar;
2. must have been engaged in the
practice of law in the Philippines
for at least 7 years; and
3. must
have
experience
or
exposure in handling labor
management relations for at
least 3 years.
TRIPARTISM
The NLRC is composed of five (5)

divisions.
Three
(3)
sectors
are
represented in the composition
of the NLRC.
LABOR LAW
2. workers organizationsnominated by the labor

federation
3. employer
and
management
sectornominated by the Employers
Confederation
of
the
Philippines (ECOP)
POWERS of the NLRC as amended by

R.A. 6715
IN
TERM OF OFFICE OF THE CHAIRMAN,

COMMISIONERS, AND LABOR ARBITERS:
Each division composed of three

commissioners
will
have
representatives
from
the
following:
They shall hold office during good

behavior until they reach the age of
65 unless removed for causes as
provided by law or become
incapacitated to discharge the
function of his office.
1. from the public sectornominated by the Secretary

of Labor
A.
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF THE NLRC:
LABOR LAW COMMITTEE

MEMORY AID
1. Cases certified to it for compulsory
arbitration by the Secretary of Labor
under Art. 263 CERTIFIED CASES;
2. INJUNCTION CASES under Art. 218
and 264; AND
3. CONTEMPT CASES
B.
EXCLUSIVE APPELLATE JURISDICTION

OF THE NLRC:
1.Cases
DECIDED
BY
LABOR
ARBITERS under Art 217b of the
Labor Code and Sec 10 RA
8012(Migrant Workers Act); and
2.Cases DECIDED BY THE REGIONAL
OFFICES OF DOLE IN THE EXERCISE
OF ITS ADJUDICATORY FUNCTION
under Art 129 of the Labor Code over
monetary
claims
of
workers
amounting to not more that
P5,000.00
THE NLRC ONLY SITS EN BANC
FOR PURPOSES OF:
a. promulgating rules and regulations
governing the hearing and disposition of
cases before any of its divisions and
regional branches, and
b. formulating policies affecting its
administration and operations.
The Commission may only sit
en banc for the determination
of policies and NOT for
purposes of adjudication. (RA
6715)
Adjudication of cases certified
to the NLRC, or appealed to it
from the decision of its Labor
Arbiters are referred to and
decided by its five (5) divisions.
-Petitions for certiorari (Rule 65)
against decisions of the NLRC should
henceforth be initially filed with the
Court of Appeals in strict observance of
the doctrine on the hierarchy of courts
as the appropriate forum for the relief
desired.
The Court of Appeals is
procedurally equipped to resolve unclear
or ambiguous factual finding, aside from
the increased number of its component
LABOR LAW COMMITTEE
IN
LABOR LAW
divisions. (St. Martins Funeral Homes

vs. NLRC; G.R. No. 130866)
- Findings of facts of a labor tribunal
are accorded the utmost respect by the
courts and are well-nigh conclusive if
supported by substantial evidence.
- Labor cases are not subject to
Barangay Conciliation since ordinary
rules of procedure are merely suppletory
in character vis--vis labor disputes
which are primarily governed by labor
laws.
- The failure of the petitioner to
file a motion for reconsideration of the
decision of NLRC before filing a petition
for certiorari has in certain instances
been held not to be a fatal omission.
- In certain cases however the
filing of a Motion for Reconsideration is
deemed a condition sine qua non for the
filing of a Petition for Certiorari.
CHAPTER II
POWERS AND DUTIES
ART. 217. JURISDICTION OF
LABOR ARBITERS AND THE COMMISSION
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF LABOR ARBITERS:
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. ULP cases;
2. TERMINATION disputes;
3. If accompanied WITH A
CLAIM FOR REINSTATEMENT,
those cases that workers may
file involving wages, rates of

MEMORY AID
IN
LABOR LAW
pay, hours of work and other

terms
and
conditions
of
employment;
a.
Disputes
on
the
interpretation or implementation of
CBA and
4. Claims for actual, moral,

exemplary and other forms of
DAMAGES arising from employeremployee relations;
b. those
arising
from
the
interpretation or enforcement of
company personnel policies.
5. CASES ARISING FROM ANY

VIOLATION OF ART 264 of this
Code,
including
questions
involving the legality of strikes
and lockouts;
6. Except claims for Employees
Compensation, Social Security,
Medicare
and
maternity
benefits, ALL OTHER CLAIMS
ARISING
FROM
EMPLOYEREMPLOYEE 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;
The labor arbiter and the NLRC have

no jurisdiction over claims filed by
employees against international
agencies such as IRRI, WHO etc.
unless they expressly waive their
immunity. (Lasco vs. UNRFNRE)
They also have no jurisdiction over

illegal dismissal cases of corporate
officers which fall under PD 902-A
and now fall under the jurisdiction of
the Regular Courts pursuant to the
New Securities Regulation Code.
[Formerly under the jurisdiction of
the Securities and Exchange
Commission (SEC) (Dily-Daly Nakpil
vs NLRC)]
7. MONETARY
CLAIMS
OF
OVERSEAS CONTRACT WORKERS
under the Migrant Workers Act of
1995; and
8. Claims of employees against
GOCCs if the latter does not
have an original charter and has
been incorporated under the
Corporation Code.
Although the provision speaks of

EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF labor arbiters,
the cases enumerated may
instead be submitted to a
voluntary
arbitrator
by
agreement of the parties under
Art. 262.
The law prefers
voluntary
over
compulsory
arbitration.
Cases which must be disposed of

by the labor arbiter by referring the
same to the grievance machinery and
voluntary arbitration:
LABOR LAW COMMITTEE

MEMORY AID
In the absence of service of

summons or a valid waiver
thereof, the hearings and
judgment rendered by the labor
arbiter are null and void.
COMPULSORY ARBITRATION: The

process of settlement of labor disputes
by a government agency which has the
authority to investigate and make and
award binding to the parties.
The NLRC may conduct compulsory
arbitration only in national interest cases
referred to it by the DOLE secretary.
Labor arbiters
employment related.
ART. 218.
COMMISSION
jurisdiction
is
POWERS OF THE
POWERS OF THE NLRC:

a.
R
ule-making power [promulgation
of rules & regulations governing
disposition of cases before any of
its divisions/regional offices]
b.
P
ower
to
issue
compulsory
processes [administer oaths,
summon
parties,
issue
subpoenas]
c. Power to investigate matters and
hear
disputes
within
its
jurisdiction [adjudicatory power
original
&
appellate
jurisdiction over cases]
d. Contempt power [218]
e. Power to issue injunctions and
restraining orders
PROCEDURE FOR THE ISSUANCE
OF RESTRAINING ORDER/ INJUNCTION:
a. filing of a verified PETITION
b. HEARING AFTER DUE AND PERSONAL
NOTICE has been served in such manner
as the Commission shall direct, to:
a. all known persons against
whom the relief is sought and
b. also to the Chief Executive
or other public officials of the
province or city within which the
unlawful
acts
have
been
LABOR LAW COMMITTEE
IN
LABOR LAW
threatened
or
committed
charged with the duty to protect
the complainants property.
c. RECEPTION AT THE HEARING OF
THE TESTIMONIES OF WITNESSES
with
opportunity
for
crossexamination, in support of the
allegations of the complaint made
under oath as well as testimony in
opposition thereto
d. FINDING OF FACT of the Commission
to the effect that :
prohibited or unlawful acts
have been threatened and will
be committed, or have been
committed
and
will
be
continued unless restrained,
but no injunction or temporary
restraining order shall be
issued on account of any
threat, prohibited or unlawful
act,
except
against
the
persons,
association
or
organization making the threat
or committing the prohibited
or unlawful act or actually
authorizing or ratifying the
same after actual knowledge
thereof.
That
substantial
and
irreparable injury to the
complainants property will
follow
That as to each item of
relief to be granted, greater
injury will be inflicted upon
complainant by the denial of
the relief than will be inflicted
upon the defendants by the
granting of the relief
That complainants has no
adequate remedy at law
That public officers charged
with the duty to protect
complainants property are
unable or unwilling to furnish
adequate protection.
e. Posting of a BOND
IRREPARABLE INJURY: An injury
which
cannot
be
adequately
compensated in damages due to the

MEMORY AID
nature of the injury itself or the nature
of the right or property injured or when
there exists no pecuniary standard for
the measurement of damages.
ADEQUATE REMEDY: One that
affords relief with reference to the
matter in controversy and which is
appropriate
to
the
particular
circumstances of the case.
The power of the NLRC to enjoin or
restrain the commission of any or all
prohibited or unlawful acts under Art.
218 of the Labor Code can only be
exercised in a labor dispute.
REQUISITES BEFORE TRO MAY BE
ISSUED EX PARTE:
1. The complainant shall ALLEGE
THAT, unless a TRO is issued
without notice, a substantial
and
irreparable
injury
to
complaints property will be
unavoidable;
2. TESTIMONY UNDER OATH is
sufficient, if sustained, to justify
the Commission in issuing a
temporary
injunction
upon
hearing after notice;
3. The complainant shall first FILE
AN
UNDERTAKING
WITH
ADEQUATE SECURITY/BOND in
an amount to be fixed by the
Commission
sufficient
to
recompense those enjoined for
any loss, expenses or damage
caused by the improvident or
erroneous issuance of such order
or injunction, including all
reasonable costs, together with
a reasonable attorneys fee, and
expense of defense against the
granting of any injunctive relief
sought in the same proceeding
and subsequently denied by the
Commission.
The TRO shall be effective
for no longer than 20 days and shall
become void at the expiration of
said 20 days counted from the date
of the posting of the bond.
It may be lifted or it may be
upgraded to a permanent injunction.
LABOR LAW COMMITTEE
IN
LABOR LAW
The
procedural
and
substantial requirements of Art 218
(e) must be strictly complied with
before an injunction may issue in a
labor dispute.
THE FOLLOWING CAN ISSUE
INJUNCTIONS/ TRO IN LABOR DISPUTES:
1. President (ART. 263, g)
2. Secretary of Labor (ART. 263, g)
3. NLRC (218)
4. Labor Arbiters (ART. 217/RULE XI
Sec. 1 of IR&R)
5. Regional Directors
6. Med- Arbiters
ART. 219. OCULAR INSPECTION
The Chairman, any Commissioner,
labor Arbiter or their duly authorized
representatives may, at anytime during
working hours:
a. Conduct an ocular inspection on
any establishment, building,
ship,
place
or
premises,
including any work, material,
implement,
machinery,
appliance or any object therein;
and
b. Ask any employee, laborer, or
any person as the case may be
for any information or date
concerning
any
matter
or
question relative to the object
of the investigation
ART. 221. TECHNICAL RULES NOT
BINDING AND PRIOR RESORT TO
AMICABLE SETTLEMENT
The NLRC may disregard technical
rules of procedure in order to give life to
the constitutional mandate affording
protection to labor. (Principe vs.
Philippine-Singapore Transport Services
Inc.)
RES JUDICATA applies only to

judicial or quasi-judicial proceedings and
NOT to the exercise of administrative
powers.
APPROVAL OF AN AMICABLE
SETTLEMENT BY A LABOR ARBITER

MEMORY AID
An amicable settlement of a labor
dispute should be approved by the labor
arbiter before whom the case is pending
after being satisfied that:
a. it was VOLUNTARILY ENTERED into
by the parties and
after having EXPLAINED

TO THEM THE TERMS AND
CONSEQUENCES thereof.
PURPOSE: for the employees

protectionbecause the labor arbiter
before whom the case is pending would
be in a better position than just any
other person to personally determine the
voluntariness of the agreement and
certify its validity (Periquet vs. NLRC).
ART. 222. APPEARANCES AND

FEES
APPEARANCE OF NON-LAWYERS
BEFORE THE COMMISSION:
GENERAL RULE: ONLY lawyers can
appear before the NLRC or a Labor
Arbiter
EXCEPTIONS:
Non-Lawyers can
appear ONLY in the following instances:
1.
if
they
represent
themselves;
2.
if
they represent their
organization or
members
thereof; or
3. if he is a duly accredited
member of the legal aid office
duly recognized by the DOJ in
cases referred thereto by the
latter or by the IBP.
LABOR LAW COMMITTEE
LABOR LAW
ATTORNEYS FEES:
1. Art. 111 Labor Code (simple
monetary claim)
The maximum amount to be
given a lawyer for his legal
assistance rendered which is 10% of
the total monetary award adjudged
the employees excluding the award
for moral and exemplary damages.
To demand more than this is
unlawful.
2. Art. 222
a.
The Rules of Court are applied in a

suppletory character.
COMPROMISE, as a way of settling
disputes is encouraged
through compromise, the
parties, by making reciprocal
concessions, avoid litigation
or put an end to one already
commenced.
IN
Attorneys fees for CBA

negotiations and conclusion shall
be in the amount agreed upon by
the parties to be taken from the
union funds and not from
individual union members.
b. This article prohibits the
payment of attorneys fees only
where the same is effected
through forced contributions
from the workers form their own
funds as distinguished from
union funds.
c.
Neither the lawyer nor the

union itself may require the
individual workers to assume the
obligation to pay the attorneys
fees from their own pockets.
Any agreement to the contrary
shall be null and void.
ARTICLE 211 VS ARTICLE 222

ART. 211
Prohibits the
award of attorneys
fees which exceed
10% of the amount
of
wages
recovered.
PURPOSE: to
fix the limit on the
amount
of
attorneys
fees.
The
victorious
party may recover
in
any
ART. 222
Prohibits
the
payment
of
attorneys fees only
when it is effected
through
forced
contribution from the
workers from their
own
funds
as
distinguished
from
union funds
PURPOSE:
to
prevent
the
imposition on the
workers of the duty
to
individually
contribute
their
respective shares in
10
MEMORY AID
administrative
judicial
proceeding.
or
the fee to be paid to

the attorney for his
services to the union.
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1.
If there is prima facie evidence

of abuse of discretion on the part of
the Labor Arbiter
2.
If the decision, order or award
was secured through fraud or
coercion,
including
graft
and
corruption;
3.
If made purely on questions of
law; and
4.
If serious errors in the findings of
facts are raised which would cause
grave or irreparable damage or
injury to the appellant.
PERIODS
APPEAL:
WITHIN
WHICH
TO
A. decisions of the regional director:

within 5 calendar days from
receipt of the order [129 LC
Recovery of wages and simple
money claims of the amount not
exceeding P5,000.00].
B. decisions of the labor arbiter:
within 10 calendar days from
the receipt of the decision.
The appeal must be under oath
and must state specifically the
grounds relied upon and the
supporting arguments.
Where the 10th day falls on a
Saturday, Sunday
or
legal
holiday, the appeal may be filed
on the next business day. (Rules
of Procedure of NLRC)
PERIOD
EXTENDIBLE
TO
LABOR LAW COMMITTEE
APPEALNOT
IN
LABOR LAW
It is the policy of the state

to settle expeditiously labor
disputes.
The perfection of an appeal
within
the
statutory/
reglementary period is not
only mandatory but also
jurisdictional and failure to
do so renders the questioned
decision final and executory
as to deprive the appellate
court of jurisdiction to alter
the final judgment of the
RDs and LAs. (Aboitiz
Shipping
Employees
Association vs. Trajano)
REQUISITES FOR THE PERFECTION
OF AN APPEAL TO THE NLRC:
1. Filing
of
A
VERIFIED
MEMORANDUM OF APPEAL within
the required period of appeal;
2. In case of monetary award, when
the appellee is the employer he
should file an APPEAL BOND
corresponding to the monetary
award excluding awards for moral
and exemplary damages and
attorneys fees.
Where the employer
failed to post a bond to
perfect its appeal, the
remedy of the employee is a
motion to dismiss the
appeal, NOT a petition for
mandamus.
The intention of the
lawmakers is to make the
bond
an
indispensable
requisite for the perfection
of an appeal by the
employer.
3. Appeal fee of P150;
4. Proof of service - furnish the
other party with a copy of the
memo of appeal.
Failure to give a copy of
the appeal to the appellee
within 10 days is not fatal IF
the
latter
was
not
prejudiced by the delay in
the service of said copy of
the appealtechnical rules
must yield to the broader
interest
of
substantial
11
MEMORY AID
justice. (Modern Fishing

Gear Labor Union vs. Noriel)
A mere notice of appeal
does not stop the running of
the reglementary period of
appeal.
EXECUTION PENDING APPEAL - the

decision of the labor arbiter ordering
the reinstatement of a dismissed or
separated
employee
shall
be
immediately executory insofar as the
reinstatement aspect is concerned and
the posting of an appeal bond by the
employer
shall
not
stay
such
execution.
There is no need for a
motion for the issuance of
writ of execution on the
reinstatement order as it is
self-executory.
(Pioneer
Texturizing Co. vs. NLRC)
Perfection of appeal within the
reglementary period is both MANDATORY
and JURISDICTIONAL. (ACDA vs NLRC;
Volkschel vs NLRC)
Non-service of the copy of the
appeal/appeal memorandum to the
adverse party is not a jurisdictional
effect and does not justify dismissal of
the appeal.
AMOUNT OF APPEAL BOND: amount
equal to the monetary award exclusive
of damages (moral and exemplary) plus
attorneys fees.
OPTIONS OF THE EMPLOYER IN
COMPLYING WITH AN ORDER OF
REINSTATEMENT WHICH IS IMMEDIATELY
EXECUTORY:
1.
He can ADMIT THE DISMISSED
employee back to work under the
same terms and conditions prevailing
prior to his dismissal or separation or
to a substantially equivalent position
if the former position is already
filled up, OR
2.
He
can
REINSTATE
THE
EMPLOYEE MERELY IN THE PAYROLL
LABOR LAW COMMITTEE
IN
LABOR LAW
WITH PAYMENT OF THE ACCRUED

SALARIES.
Failure to exercise one
of the foregoing options may
be compelled under pain of
contempt and the employer
may be made to pay instead
the salary of the employee.
A petition for relief from the decision
of the labor arbiter must strictly
comply with 2 reglementary periods:
1.
The petition must be filed within

60 days from knowledge of the
judgment; and
2.
The petition must be filed within
a fixed period of 6 months from
entry of such judgment.
Petitions filed beyond
said period will no longer be
entertained.
APPEAL FROM THE DECISION OF THE
NLRC:
No law allows an appeal from a
decision of the Secretary of Labor, or the
NLRC, or of a voluntary arbitrator. In
these cases, the special civil action of
certiorari, prohibition or mandamus
under Rule 65 of the Rules of Court may
be lodged with the Court of Appeals.
(St. Martins Funeral Home vs. CA)
No Motion for Reconsideration is
allowed for any order, decision
or award of a Labor Arbiter.
However
a
Motion
for
Reconsideration of a Labor
Arbiters decision, award or
order which has all the elements
of an appeal may be treated as
appeal.
Only
one
Motion
for
Reconsideration of the decision,
award
or
order
of
the
commission on appealed cases
before it.
ART 224.
EXECUTION
DECISIONS, ORDER, OR AWARDS
OF
The decision of the Secretary of

Labor, the Commission, the Bureau or
Regional Director the Labor Arbiter, the
12
MEMORY AID
Med-Arbiter or the Voluntary Arbitrator

shall be final and executory after 10
calendar days from receipt thereof by
the parties and shall be executory
within ten (10) years.
The foregoing may, upon its
own initiative or on motion of
any interested party, issue a
writ of execution on a
judgment within 5 years from
the date it becomes final and
executory.
An independent action is
required for the execution of the
final judgement within the next
of following 5 years [ Phil.
National Railways vs NLRC (177
SCRA740, Sept. 19, 1989)]
The immediate execution of
judgment should be undertaken
only when the monetary award
had
been
carefully
and
accurately determined by the
NLRC and only after the
employer
is
given
the
opportunity to be heard and to
raise
objections
to
the
computation.
TITLE III
BUREAU OF LABOR RELATIONS
ART. 226.
RELATIONS
BUREAU
OF
LABOR
Pursuant to E.O. 126, the NATIONAL

CONCILIATION AND MEDIATION BOARD
(NCMB) has absorbed the conciliation,
mediation and voluntary arbitration
functions of the BLR.
Jurisdiction
over
labormanagement
problems
or
disputes is also exercised by
other offices such as the DOLE
regional offices, and the Office
of the Secretary, NLRC, POEA,
OWWA, SSS-ECC, the regional
wage and productivity boards,
NWPC, and even the regular
courts
over
intra-corporate
disputes.
LABOR LAW COMMITTEE
IN
LABOR LAW
EXCLUSIVE
AND
ORIGINAL
JURISDICTION OF THE BLR
-to act at its own initiative or upon
the request of either or both parties on
all:
1.
INTRA- union conflicts
2.
INTER- union conflicts
3.
all DISPUTES, GRIEVANCES OR
PROBLEMS ARISING FROM OR
AFFECTING LABOR MANAGEMENT
RELATIONS IN ALL WORKPLACES
WHETHER AGRICULTURAL OR NONAGRICULATURAL.
The parties may however, by
agreement,
settle
their
differences by submitting their
case to a voluntary arbitrator
rather than taking the case to
the BLR.
CASES WHERE THE BLR HAS NO
JURISDICTION:
Those
arising
from
the
implementation or interpretation of
collective bargaining agreements which
shall be subject of grievance procedure
and/or voluntary arbitration.
INTRA-UNION DISPUTES refers to any
conflict between and among union
members, including grievances arising
from any violation of the rights and
conditions of membership, violation of or
disagreement over any provision of the
unions constitution and by-laws, or
disputes arising from chartering or
affiliation.
MED-ARBITER- an officer in the
regional office or bureau authorized to
hear,
conciliate,
and
decide
representation cases or assist in the
disposition of intra or inter-union
disputes.
COVERAGE
OF
INTER/INTRA-UNION
DISPUTES (Sec. 1 Rule XI DO 40-03)
a. cancellation of registration of a
labor organization filed by its
members or by any other labor
organization;
13
MEMORY AID
b. conduct of election of union and

workers
association
officers/nullification of election
of union and workers association
officers;
c. audit/accounts examination of
union or workers association
funds;
d. deregistration of CBA;
e. validity/invalidity
of
union
affiliation or disaffiliation;
f. validity/invalidity
of
acceptance/non-acceptance for
union membership;
g. validity/invalidity
of
impeachment/
expulsion
of
union and workers association
officers;
h. validity/invalidity of voluntary
recognition;
i. opposition to application for
union and CBA registration;
j. violations of or disagreements
over any provision in a union or
workers association constitution
and by-laws;
k. disagreements over chartering or
registration
of
labor
organizations and CBAs;
l. violations of the rights and
conditions of union or workers
association membership;
m. violations of the rights of
legitimate labor organizations,
except interpretation of CBAs;
n. such other disputes or conflicts
involving the rights to selforganization, union membership,
and collective bargaining
1. between and among
legitimate
labor
organizations
2. between and among
members of a union or
workers association
IN
LABOR LAW
1. cancellation of registration
of unions and workers
associations; and
2. a petition for interpleader
SPECIAL REQUIREMENTS AS TO THE
FILING OF CASES:
A. INVOLVING ENTIRE MEMBERSHIP
1.The complaint must be signed by
at least 30% of the entire
membership of the union and
2.It must also show exhaustion of
administrative remedies.
B. INVOLVING A MEMBER ONLY - In such
case only the affected member may
file the complaint.
Redress must first be sought

within the union itself in
accordance with its constitution
and by-laws EXCEPT under any
of the following circumstances:
a. futility of intra-union remedies
b. improper expulsion procedure
c. undue delay in appeal as to
constitute
substantial injustice
d. the action is for damages
e. lack of jurisdiction of the
investigating body
f. action of the administrative
agency is
patently illegal,
arbitrary, and oppressive
g. issue is purely a question of law
h. where the administrative agency
had already
prejudged the
case
i. where the administrative agency
was
practically
given
the
opportunity to act on the case but it
did not.
Imposition of fees by the union

affects the entire membership,
therefore it requires that the
complaint should be signed by at
least 30% of the membership of
the union.
EXTENDED COVERAGE (Section 2 Rule XI

DO 40-03)
Other related labor relations
disputes shall include any conflict
between a labor organization and the
employer or any individual, entity, or
group that is not a labor organization or
workers association. This includes:
LABOR LAW COMMITTEE
14
MEMORY AID
INTER-UNION DISPUTES -refers to any

conflict between and among legitimate
labor
organizations
involving
representation questions for purposes of
collective bargaining or to any other
conflict or dispute between legitimate
labor organizations based on any
violations of their rights as labor
organizations.
EFFECTS OF FILING/PENDENCY OF
INTER/INTRA-UNION
DISPUTE
AND
OTHER LABOR RELATIONS DISPUTES
(Section 3 Rule XI DO 40-03)
- The rights, relationships and obligations of
the parties litigants against each other and
other parties-in-interest prior to the
institution of the petition shall continue to
remain during the pendency of the petition
and until the date of finality of the decision
rendered therein. Thereafter, the rights,
relationships and obligations of the parties
litigants against each other and other partiesin-interest shall be governed by the decision
so ordered.
- The filing or pendency of any inter/intraunion disputes is not a prejudicial question to
any petition for certification election and
shall not be a ground for the dismissal of a
petition for certification election or
suspension of proceedings for certification
election.
SUMMARY OF RULES ON INTRA/INTERUNION DISPUTES (Rule XI DO 40-03)

MODES OF APPEAL IN INTRA/INTERUNION DISPUTES (Rule XI DO 40-03)
1. Under oath
HOW (formal
2. Consist of a
requirements)
PERIOD
TO WHOM
APPEALABLE
memorandum of appeal
3. Based on either of
the following grounds:
a. Grave abuse of
discretion
b. Gross violation
of the Rules
4. With supporting
arguments and evidence
Within 10 days from
receipt of decision
1. Bureau of Labor
Relationsif the case
originated from the Med
Arbiter/Regional
Director
2. Sec. Of Laborif the
case originated from the
Bureau
LABOR LAW COMMITTEE
WHERE FILED
WHO
WHERE
FILED
FORMAL
REQUIREMENTS
IN
LABOR LAW
Regional Office or to the

BLR, where the
complaint originated
(records are transmitted
to the BLR or Sec.
Within 24 hours from
receipt of the
memorandum of appeal)
1. For grounds under Sec. 1:

a. any LLO
b. member(s) thereof
specially concerned
2. For grounds under Sec. 2any
party-in-interest
1. Regional Office that issued its
certificate of registration or
certificate of creation of
chartered local- If it involves labor
unions with independent
registrations, chartered locals,
workers association, its officers or
members
2. Directly with the BureauIf it
involves a Federation/National
Unions/Industry Unions, its
officers or members
1. in writing
2. verified under oath
3. contains the following
averments
a. name, address and other
personal circumstances of the
complainant(s) or petitioner(s);
b. name, address and other
personal circumstances of the
respondent(s)
or
person(s)
charged;
c. nature of the complaint or
petition;
d. facts and circumstances
surrounding the complaint or
petition;
e. cause(s) of action or specific
violation(s) committed;
f. a statement that the
administrative remedies provided
for in the constitution and by-laws
-have been exhausted or
-such remedies are not
readily available to the
complainant(s) or
petitioner(s) through no fault
of his/their own or
-compliance with such
administrative remedies does
not apply to complainant(s) or
petitioner(s);
g. relief(s) prayed for;
h. certificate of non-forum
shopping; and
i. other relevant matters
DETERMINATION OF
EMPLOYEE RELATIONSHIP:
EMPLOYER-
15
MEMORY AID
Since the BLR has the original and

exclusive jurisdiction to decide,
inter alia, all disputes, grievances or
problems arising from or affecting
labor-management relations in all
workplaces, necessarily, in the
exercise of this jurisdiction over
labor-management relations, the
Med-Arbiter has the authority,
original
and
exclusive,
to
determine the existence of an
employer-employee
relationship.
(MY San Biscuits, Inc. vs. Laguesma
G.R. No. 9511, 22 April 1991)
In cases where there is

overlapping
of
jurisdiction,
determine the principal issue.
The agency that has jurisdiction
thereon may decide on the
incidental issues.
ADMINISTRATIVE FUNCTIONS OF THE

BLR:
1.
The
REGULATION
OF
REGISTRATION of the labor unions;
2.
The KEEPING OF A REGISTRY of
labor unions;
3.
The maintenance of a FILE OF
CBAS. ART. 227.
COMPROMISE
AGREEMENTS; and
4.
The maintenance of a file of all
settlements or final decisions of the
Supreme Court, Court of Appeals,
NLRC and other agencies on labor
disputes.
REQUIREMENTS:
a. must be freely entered into;
b. must not be contrary to law, morals
or public policy; and
c. must be approved by the authority
before whom the case is pending [see
discussion on article 221approval of
labor
arbiter
of
an
amicable
settlement in a case before him.
May be effected at any stage
of the proceedings and even
when there is already a final
executory judgment (2040 NCC).
Cannot be entered into when
the final judgment is already in
the
process
of execution.
(Jesalva vs. Bautista)
LABOR LAW COMMITTEE
IN
LABOR LAW
FORMAL REQUIREMENTS OF A VALID

COMPROMISE AGREEMENT:
1. in writing
2. signed in the presence of the regional
director
or
his
duly
authorized
representative.
WITH vs. WITHOUT ASSISTANCE OF
DOLE-COMPROMISE AGREEMENTS
Without assistance
With the
of DOLE
assistance of
DOLE
a.
VALIDITY/BINDING
EFFECT
- Valid and binding - Valid and binding
upon the parties
upon the parties
b. REPUDIATION
Can
be - Can no longer be
repudiated by the repudiated
parties by going to becomes final and
the Commission
binding upon the
parties upon
NOTE: ULP cases execution EXCEPT
are not subject to
a. in case of non
compromise.
compliance
with the
compromise
agreement;
or
if there is
prima facie
evidence that the
settlement was
obtained through
fraud,
misrepresentation,
or coercion
OPTIONS
WHEN
COMPROMISE
AGREEMENT IS VIOLATED:
1. enforce compromise by writ of
execution
2. regard it as rescinded and insist upon
original demand.
REQUIREMENTS
QUITCLAIM:
OF
VALID
1. The quitclaim must be VOLUNTARILY

ARRIVED at by the parties;
16
MEMORY AID
2. It must be WITH THE ASSISTANCE of

the Bureau of Labor Standards,
Bureau of Labor Relations or any
representative of the DOLE; and
3. The CONSIDERATION MUST BE
REASONABLE (required only when
entered without the assistance of
DOLE)
Dire necessity is not an

acceptable ground for annulling
the releases, especially in the
absence of proof that the
employees were forced to
execute them. (Veloso vs. DOLE)
WAIVER OF REINSTATEMENT like

waivers of money claims, a waiver of
reinstatement must be regarded as a
personal right which must be
exercised personally by the workers
themselves. (Jag & Haggar Jeans and
Sportswear Corp. vs. NLRC)
ART 231. REGISTRY OF UNIONS

AND
FILE
OF
COLLECTIVE
AGREEMENT
The CBA is more than a contract,

it is highly impressed with public
interest for it is an essential
instrument to promote industrial
peace.
Must be filed directly with the
Bureau or the Regional Offices of
DOLE within thirty (30) days
from execution.
An UNREGISTERED CBA does not
bar
certification
election
[contract bar rule will not apply
in the absence of registration.
[See discussion on Arts. 253 &
253-A]
Registration of the CBA is not a

requisite for its validity.
IN
LABOR LAW
parties regardless of whether or not the

same has been certified by the BLR.
ART 232. PROHIBITION

CERTIFICATION ELECTION
ON
CONTRACT BAR RULE: provides that

while a valid and registered CBA is
subsisting for a fixed period of 5 years ,
the Bureau is not allowed to hold an
election contesting the majority status
of the incumbent union except during
the sixty (60) day period immediately
prior to its expiration, which period is
called the freedom period.
The existence of the CBA bars the
holding of an inter-union electoral
contest and the filing of the Petition for
Certification Election except within the
freedom period.
PURPOSE:
politicking
comes.
to
until
minimize
union
the proper time
ART
233.
COMMUNICATION
PRIVILEGED
PRIVILEGED
COMMUNICATION:
Any
statement of such privacy that the law
exempts the person receiving the
information from the duty to disclose it.
Information and statements made at
conciliation proceedings shall be treated
as privileged communication and shall
not be used as evidence in the
Commission.
Conciliators and similar officials

may not testify in any court or
body regarding any matters
taken
up
at
conciliation
proceedings conducted by them.
LIBERTY FLOUR MILLS EMPLOYEES v.

LFM, INC. 180 SCRA 668
The certification of the CBA by the BLR
is not required to put a stamp of validity
to such contract. Once it is duly entered
into and signed by the parties, a CBA
becomes effective as between the
LABOR LAW COMMITTEE
17
MEMORY AID
IN
LABOR LAW
labor against the unjust exactions of

capital
TITLE IV
MODES OF ACQUIRING LEGITIMACY FOR

LABOR ORGANIZATIONS
LABOR ORGANIZATIONS
1. Registration with the BLR

(Independent Union)
2. Affiliation with a legitimate labor
federation
CHAPTER I
REGISTRATION AND CANCELLATION
ART. 234. REQUIREMENTS OF

REGISTRATION
LABOR ORGANIZATION - Any union or
association of employees which exists in
whole or in part for the purpose of:
a. collective bargaining or
b. of dealing with employer
concerning terms and conditions of
employment.
It is the agent of the
employees of an appropriate
bargaining unit.
[REGISTRATION REQUIREMENTS FOR

LABOR ORGANIZATIONS (as amended by
DO 40-03)]
3.
Application for registration
4.
Attachments
name of the applicant labor
union, its principal address;
the name of its officers and their
respective addresses;
o
approximate
number
of
employees in the bargaining
unit where it seeks to
operate, with a statement
that it is not reported as a
chartered local of any
federation or national union;
the
minutes
of
the
organizational
meeting(s)
and the list of employees
who participated in the said
meeting(s);
the name of all its members

comprising at least 20% of
the
employees
in
the
bargaining unit;
the annual financial reports

if the applicant has been in
existence for one or more
years, unless it has not
collected any amount from
the members, in which case
a statement to this effect
shall be included in the
application;
the applicants constitution

and by-laws, minutes of its
adoption or ratification, and
the list of the members who
PRINCIPLE OF AGENCY APPLIED

Principal employees
Agent local/chapter
Agent of agent federation
LEGITIMATE LABOR ORGANIZATION or
LABOR UNION
any labor organization duly registered
with the Department of Labor and
Employment, and Bureau of Labor
Relations.
Not every legitimate labor

organization
can
act
as
bargaining representative and be
certified as such. This is true
only of a union that has won in
certification election or has been
voluntarily recognized by the
employer.
PURPOSE OF FORMATION OF LABOR

UNIONS: for securing a fair and just
wages and good working conditions for
the laborers; and for the protection of
LABOR LAW COMMITTEE
18
MEMORY AID
participated in it. The list of

ratifying members shall be
dispensed with where the
constitution and by-laws was
ratified or adopted during
the organizational meeting.
In such a case, the factual
circumstances
of
the
ratification shall be recorded
in the minutes of the
organizational meeting(s).
(These
are
called
reportorial
requirements)
The application for registration of
labor unions xxx, shall be certified under
oath by its Secretary or Treasurer, as the
case may be, and attested by its
president.
The attachments must now be in
one(1) original copy and two (2)
duplicate copies which shall accompany
the application or notice, and submitted
to the Regional Office or the Bureau.
file
application
PURPOSE OF REGISTRATION Registration with the BLR is the

operative act that gives rights to a labor
organization.
for
1. For registration of independent labor

unions, chartered locals, workers
associations shall be filed with the
Regional office where the applicant
principally operates. It shall be
processed by the Labor Relations Division
at the Regional office.
2. Applications for registration of
federations, national unions or workers
associations operating in more than one
region shall be filed with the bureau or
the regional offices, but shall be
processed by the bureau.
MINISTERIAL DUTY OF THE BLR
COMPELLABLE BY MANDAMUS- to
review the application for registration
and not the issuance of a Certificate of
Registration.
LABOR LAW COMMITTEE
LABOR LAW
- After a labor organization had filed the

necessary papers and documents for
registration, it becomes mandatory for
the BLR to check if the requirements
under Article 234 have been sedulously
complied with. If its application for
registration is vitiated by falsification
and serious irregularities, especially
those appearing on the face of the
application
and
the
supporting
documents, a labor organization should
be denied recognition as a legitimate
labor
organization.
(Progressive
Development Corporation-Pizza Hut vs.
Laguesma et al., GR No. 115077, April
18, 1997)
A prescribed registration fee must be

paid before the issuance of the
certificate of registration
Where
to
registration:
IN
It is the fact of being registered

with the DOLE that makes a
labor organization legitimate in
the sense that it is clothed with
legal personality to claim
representational and bargaining
rights enumerated in Article 242
or to strike or picket under
Article 263.
The requirement of registration
is NOT a curtailment of the
right to association. It is merely
a condition sine qua non for the
acquisition of legal personality
by
labor
organizations,
associations or unions and the
possession of the rights and
privileges granted by law to
labor organizations.
A valid exercise of police power
since the activities in which
labor organizations, associations,
or unions of workers are engaged
affect public interest, which
should be protected. (PAFLU vs.
Sec. Of Labor)
FEDERATION- any labor organization

with at least 10 locals/chapters or
affiliates each of which must be duly
certified or recognized as the sole and
exclusive collective bargaining agent of
the employer they represent.
19
MEMORY AID
REQUIREMENTS
BEFORE
FEDERATION
CAN
BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
Aside from the application, which

must be accompanied with the
requirements for registration of a labor
registration, the application should also
be accompanied by the following:
1. Proof of affiliation of at least 10
locals or chapters, each of which
must be a duly recognized sole and
exclusive collective bargaining agent
in the establishment or industry in
which it operates, supporting the
registration
of
such
applicant
federation or national union;
2. The names and addresses of the
companies where the locals or
chapters operate and the list of all
the members in each company
involved.
IN
LABOR LAW
labor organizations of rank and file

employees PROVIDED that:
a. the federation is not actively
involved in union affairs in the
company; and
b. the rank and file employees are not
directly under the control of the
supervisors
ONCE AFFILIATED, A LOCAL

UNION MAY DISAFFILIATE FROM THE
FEDERATION.
A LOCAL UNION MAY AFFILIATE WITH A

FEDERATION - The procedure of
affiliation would depend on whether the
union is independently registered or not.
REQUIREMENTS OF AFFILIATION (as
amended by DO 40-03)
1. Report of affiliation of
independently registered labor union
2. Attachments:
a. resolution of the labor unions
board of directors approving the
affiliation;
b. minutes
of
the
general
membership meeting approving
the affiliation;
c. the total number of members
comprising the labor union and
the names of members who
approved the affiliation;
d. the certificate of affiliation
issued by the federation in favor
of the independently registered
labor union; and
e. written notice to the employer
concerned if the affiliating union
is the incumbent bargaining
agent.
A union of supervisory employees may
affiliate with a national federation of
LABOR LAW COMMITTEE
20
MEMORY AID
INDEPENDENTLY
a.HOW
TO -by signing a contract
Obtained
affiliation
A
duly
AFFILIATE
by union
registered
organizers
federation/na
in
an
tional union
enterprise
issues
a
through
charter to a
their own
union in an
action
enterprise
and registers
the
charter
with
the
regional
office or the
BIR.
UNREGISTERED
of
-by application of the union

with the federation for the
issuance
of
a
charter
certificate to be submitted to
the Bureau accompanied by
the following:
a. Copies of its constitution
and by-laws
b. Statement of the set of
officers and
Books of accounts, all of
which must be certified by
the Secretary/Treasurer and
attested to by the President.
In such case, the union
becomes a local chapter of
the Federation.
- would not affect its being a
upon severance, it would

cease to be a legitimate labor
organization and would no
longer have legal personality
and the rights and privileges
granted by law to legitimate
organization, unless the local
chapter is covered by a duly
registered
collective
bargaining agreement. In the
latter case, the local or
chapter will not lose its legal
personality
until
the
expiration of the CBA. After
the CBA expires it will lose its
legal personality unless it
registers as an independent
union.
Independent
union
b. EFFECT OF
DISAFFILIATION
With legal
TO THE
UNION
personalit
[local]
y of its
own
Applicatio
n
for
registratio
n is filed
with and
will
be
acted
upon by
c. EFFECT
OF
the DOLE
DISAFFILIATION
regional
TO THE
CBA
office
where the
applicant
s principal
office is
located.
LABOR LAW
REGISTERED
CHARTERING
INDEPENDENT
REGISTRATION
IN
Chapter/local
labor
legitimate
No
legal organization
and
therefore
it
would
personality of
continue
to
have
legal
its own and
as to possess all
personality
as it
hasprivileges of a
thelong
rights
and
not
availed
legitimate
labor organization.
itself
of
independent
registration.
Charter
certificate is
issued by a
federation or
national
union is filed
with
the
regional
- office
an existing
or BLR CBA would
continue to be valid as the
with 30 days
labor
organization
can
after
the
continue
administering
the
of
CBAissuance
the
charter
certificate.
LABOR LAW COMMITTEE
The CBA would continue to be

valid. The local chapter will
not lose its personality until
the expiration of the CBA.
After the CBA expires the
local
union
looses
its
personality, unless it registers
anew.
21
MEMORY AID
IN
LABOR LAW
- union
dues
may
no collective
longer
legitimate
purpose
other
than
d. ENTITLEMENT -labor organization is entitled
the be collected as there would
WHEN
TO DISAFFILIATE
TO
UNION
DUES to the union dues and notbargaining.
federation from which the no longer any labor union that
AFTER
allowed
such
GENERAL RULE: A labor
labor union may organization
ART.is236.
DENIALto
OF collect
REGISTRATION;
DISAFFILIATION
disaffiliated.
union
dues
from
the
disaffiliate from the mother union to
APPEALemployees.
form an independent union only during
Note: Follow the principle of
the
60-day
freedom
period
- Decisions
the BLR federation
denying the
agency of between
immediately preceding the expiration of
registration
of a labor organization is
and local.
the CBA.
appealable
to the Secretary
Principal
employeesof Labor
within 10
calendar
days from receipt of
Agent
local/chapter
EXCEPTION:
DISAFFILIATION
BY
the decision,
on agent
grounds
of:
Agent of
federation
MAJORITY
a. grave abuse of discretion; or
This happens when there is a
b. gross incompetence
- even before the onset of the
substantial shift in allegiance on
freedom period, disaffiliation may
the part of the majority of the
still be carried out, but such
members of the union. In such
disaffiliation must be effected by a
a case, however, the CBA
majority of the union members in
continues to bind the members
the bargaining unit.
of the new or disaffiliated and
independent union up to the
decision of the regional office or the
CBAs expiration date.
bureau denying the application for
LIMITATION: disaffiliation should be in
registration shall be:
accordance
with
the
rules
and
1. in writing
procedures stated in the Constitution
2. stating in clear terms the reason for
and by-laws of the federation.
the decision
3. applicant union must be furnished a
copy of said decision
A prohibition to disaffiliate in
ART. 238. CANCELLATION OF
the Federations constitution or
REGISTRATION; APPEAL
by-laws is validintended for its
own protection.
The certificate of registration of
any legitimate labor organization shall
REVOCATION OF CHARTER BY THE
be cancelled by the BLR if it has reason
FEDERATION
by
serving
the
to believe, after due hearing, that the
local/chapter a verified notice of
said labor organization no longer meets
revocation, copy furnished the Bureau on
one or more of the requirements
the ground of disloyalty or such other
prescribed by law.
grounds as may be specified in its
constitution or by-laws.
GROUNDS FOR CANCELLATION:
1. Failure to comply with any of the
requirements prescribed under
Arts. 234
(requirements for
The revocation shall divest the
registration of a labor union) &
local chapter of its legal
237 (addl. reqts. federation
personality upon receipt of the
registration) of the Code.
notice by the Bureau, unless in
the meantime the local chapter
2. Violation of any of the provisions
has
acquired
independent
of Art. 239 (grounds for
registration. (Rule VIII Section 5
cancellation
of
union
of the IRR)
registration) of the Code
WORKERS ASSOCIATION: Association of
3. Commission of any of the acts
workers for the mutual aid and
enumerated under Art. 241
protection of its members or for any
(rights
and
conditions
of
LABOR LAW COMMITTEE
22
MEMORY AID
membership) of the code- No

petition for cancellation based
on this ground 0may be granted
unless supported by at least 30%
of all the members of the
respondent labor organization or
workers association.
A pronouncement as to
the illegality of the
strike is not within the
meaning of Art. 239 of
the Code which provides
for the grounds for
cancellation of union
registration.
MODES OF APPEAL
DENIAL or CANCELLATION BY:
A. Regional Office
transmit records within 24
hours from receipt of Memo of
Appeal
BUREAU decides within 20
days from receipt of records
SUPREME COURT- Rule 65
B. Bureau
transmit records within 24
hours from receipt of memo
of appeal
SEC. OF DOLE decides within
20 days from receipt of
records
SUPREME COURT- Rule 65
*Appeal by memo of appeal
within 10 days from receipt of
notice.
GROUNDS:
1. Grave abuse of discretion
2. Violation of rules as
amended.
LABOR LAW COMMITTEE
IN
LABOR LAW
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 as a party without
need of substitution of parties, subject
however to the understanding that
whatever decision may be rendered
therein will be binding only 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. [Principle of Agency applied
the employees are the principals, and
the labor organization is merely an agent
of the former, consequently, the
cancellation of the unions registration,
would not deprive the consenting
member-employees of their right to
continue the case as they are the
considered as the principals]
ART
239.
GROUNDS
FOR
CANCELLATION
OF
UNION
REGISTRATION
GROUNDS FOR CANCELLATION OF
UNION REGISTRATION:
A. FRAUDULENT ACTS
1. Misrepresentation, False statement
or Fraud in connection with
[RATIFICATION
OF
CONSTI/BYLAWS]:
a. the
ADOPTION
OR
RATIFICATION
of
the
constitution and by-laws or
amendments thereto,
b. the MINUTES of ratification,
and
c. the LIST OF MEMBERS who took
part in the ratification.
2. Misrepresentation, false statement
or fraud in connection with the
[ELECTION PAPERS]:
a.
ELECTION of officers,
23
MEMORY AID
b.
MINUTES of the election of

officer and the list of voters, or
c. failure
to
submit
these
documents together with the list of
the
newly
elected/appointed
officers and their postal addresses
within 30 days from election
B. INACTION OR OMISSION
1.
Failure to submit the following

documents
[RATIFICATION OF
CONSTI/BY-LAWS]:
a. the adoption or ratification of
the constitution and by-laws or
amendments thereto,
b. the minutes of ratification, and
the list of members who took
part in the ratification
*Within 30 days from adoption or
ratification of the constitution and
by-laws or amendments thereto.
2. Failure to submit the Annual Financial
report to the Bureau within 30 days
after the closing of every fiscal year
and misrepresentation, false entries
and fraud in the preparation of the
financial report itself;
3. Failure to submit a LIST OF
INDIVIDUAL MEMBERS of the Bureau
once a year or whenever required by
the Bureau; and
4. Failure
to
comply
with
the
REQUIREMENTS UNDER ARTICLES
237.
C. UNLAWFUL ACTS
1.
Acting as a labor contractor or
engaging in the CABO SYSTEM, or
otherwise engaging in any activity
prohibited by law;
2. Entering into collective bargaining
agreements which provide terms and
conditions of employment below
minimum standard established by
law
[CBA-BELOW
MINIMUM
STANDARDS];
(Sweetheart
Agreements)
3.
Asking for or
ACCEPTING
ATTORNEYS FEES OR NEGOTIATION
FEES from the employers;
4. Other than for mandatory activities
under this Code, checking off special
assessment or any other fees without
duly signed individual written
LABOR LAW COMMITTEE
IN
LABOR LAW
authorization of the members

[UNLAWFUL ASSESSMENTS];
CANCELLATION OF REGISTRATION
A. FOR:
1. Legitimate individual labor
union.
2. Chartered local
3. Workers association
WHERE TO FILE
Regional Director who has
jurisdiction over the place
where respondent principally
operates (30 days to decide).
WHO MAY FILE

- Any party in interest, if ground
is:
a. Failure to comply with any of
the requirements under Arts.
234, 237 and 238 LC
b. Violation of any provision under
Art. 239, LC
Take note of the cancellation
proceedings if violation is D and
J of Art. 239, LC
REPORTING REQUIREMENTS OF LABOR
UNIONS AND WORKERS ASSOCIATIONS
(Rule V DO 40-03)
- It shall be the duty of every legitimate
labor union and workers association to
submit to the Regional Office or Bureau
which
issued
its
certificate
of
registration or certificate of creation of
chartered local, as the case may be, two
(2) copies of each of the following
documents:
a. any
amendment
to
its
constitution and by-laws and the
minutes
of
adoption
or
ratification of such amendments,
within 30 days from its adoption
or ratification;
b. annual financial reports within
30 days after the close of each
fiscal or calendar year;
c. updated list of newly-elected
officers, together with the
appointive offices or agents who
are entrusted with the handling
of funds, within 30 days after
each regular or special election
of officers, or from the
occurrence of any change in the
B. FOR:
1. Federations
San Beda College
2. National or Industry unions
3. Trade union centers
d.
-
e.
of Law
WHERE TO FILE
Bureau Director ( 30 days to
officers
decide)of agents of the labor
organization
or
workers
association
WHO MAY FILE
updated
list
of
individual
Only the members of the
members of chartered locals,
Labor Organization concerned
independent unions and workers
if grounds are actions
associations within 30 days after
involving violations of Art.
the close of each fiscal year; and
241, subject to the 39% rule
updated list of its chartered
locals and affiliates or member
organizations, CBAs executed
and their effectivity period, in
the case of federations or
national unions, within 30 days
after the close of each fiscal
year, as well as the updated list
of
their
authorized
representatives,
agents
or
signatories in the different
regions of the country.
RULES
ON
ADMINISTRATIVE
CANCELLATION OF CERTIFICATE OF
REGISTRATION OF LLOs DUE TO NONCOMPLIANCE WITH THE REPORTORIAL
REQUIREMENTS:
WHEN
PROPER
WHO MAY
FILE THE
PETITION
THREENOTICE
REQUIRE
MENT
Failure to comply with its

legal duty to submit the
documents required to
be submitted under Rule
V of DO 40-03 for 5
consecutive years
1. Motu propio by the
Bureau
2. Any party-in-interest
1st Notice
Bureau
shall
send
by
registered mail with return
card notice for compliance
indicating the documents it
failed to submit and the
corresponding period in
which they were required,
with notice to comply with
the
said
reportorial
requirements and to submit
proof thereof to the Bureau
within 10 days from receipt
thereof
2nd Notice
Where no response is
received by the Bureau
within 30 days from the
release of the 1st notice,
another
notice
for
compliance shall be made
LABOR LAW COMMITTEE
24
MEMORY AID
IN
LABOR LAW
by the Bureau, with warning

that failure on its part to
comply with the reportorial
requirements within the
time specified shall cause
the continuation of the
proceedings
for
the
administrative cancellation
of its registration
3rd Notice
Where no response is again
within 30 days from release
of the 2nd notice, the Bureau
shall cause the publication
of the notice of cancellation
of registration of the labor
organization
in
2
newspapers
of
general
circulation.
When
no
response
is
within 30 days from the
date of publication or when
the Bureau has verified the
dissolution of the labor
organization, it shall order
the
cancellation
of
registration of the labor
organization AND cause its
de-listing from the roster of
legitimate
labor
organizations
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS
OF
MEMBERSHIP
IN
A
LABOR
ORGANIZATION
GENERAL GROUPINGS OF THE RIGHTS
OF THE UNION MEMBERS:
1. Political right - the right to vote and
be voted for, subject to lawful
provisions on qualifications and
disqualifications.
2. Deliberative and Decision-Making
Right - the right to participate in
deliberations
on
major
policy
questions and decide them by secret
ballot.
25
MEMORY AID
3. Rights Over Money Matters - the

right of the members:
a. against imposition of excessive
fees;
b. right
against
unauthorized
collection of contributions or
unauthorized disbursements;
c. to require adequate records of
income and expenses;
d. to access financial records;
e. to
vote
on
officers
compensation;
f. to vote on special assessment;
g. to be deducted a special
assessment
only
with
the
members written authorization.
4. Right to Information - the right to
be informed about:
a. the
organizations
constitution and by- laws,
b. the collective bargaining
agreement, and labor laws.
Any violation of the above rights

and conditions of membership
shall
be
a
ground
for
cancellation of union registration
or expulsion of an officer from
office, whichever is appropriate.
At least 30% of all the members
of the union or any member or
members specifically concerned
may report such violation to the
Bureau.
PERSONS WHO ARE PROHIBITED FROM

BECOMING MEMBERS/OFFICERS OF A
LABOR ORGANIZATION UNDER THE
LABOR CODE (see also notes under Art.
243 on persons who are not granted the
right to self-organization):
1. Subversives or those engaged in
subversive
activities [Art.241
(e)]
2. Persons who have been convicted
of a crime involving moral
turpitude shall not be eligible for
election as union officer or for
appointment to any position in the
union. [Art. 241 (f)]
LABOR LAW COMMITTEE
IN
LABOR LAW
In general, a union is free to

select its own members, and no
person has an absolute right to
membership in a union.
LIMITATIONS [see discussion on union

security arrangements under Art. 248]:
a. The labor org. cannot compel
employees to become members of
their labor organization if they are
already member of rival union.
b.
persons mentioned in Art. 241(e)

[subversives] of the labor code
are prohibited from becoming a
member a labor organization.
c. members of religious organization

whose
religion
forbade
membership in labor organization
could not be compelled into union
membership.
REQUIREMENTS IN MAKING SPECIAL
ASSESSMENTS
or
OTHER
EXTRAORDINARY FEES (Art. 241 [n]):
1.
there must be a WRITTEN

RESOLUTION
2.
he resolution must have BEEN
APPROVED BY A MAJORITY of all the
members
3.
the approval must be AT A

GENERAL MEMBERSHIP MEETING
DULY called for that purpose
The
secretary
of
the
organization shall record the
minutes
of
the
meeting
including:
a.
the list of all members present,
b.
the votes cast, and
c.
the purpose of the assessment or
fees
The record shall be attested by

the President.
26
MEMORY AID
Substantial compliance to the

aforementioned procedure is not
enoughthe requirements must
be strictly complied with in view
of the fact that the special
assessment will diminish the
compensation of union members.
(Palacol et. al vs. Ferrer-Calleja
et. al)
CHECK-OFF - a method of deducting

from an employees pay at prescribed
period, the amounts due to the union for
fees, fines or assessments.
NATURE AND PURPOSE OF CHECK-OFF:
to facilitate the collection of
dues necessary for the unions
life and sustenance.
Union dues are the lifeblood of

the union.
REQUIREMENTS WITH REGARD

CHECK-OFFS (Art. 241 [o]):
TO
NO special assessment, attorneys

fees, registration fees or any other
extraordinary fees may be checked off
from any amount due an employee
WITHOUT
an
individual
written
authorization duly signed by the
employee.
The authorization
state the:
should
specifically
a. amount
b. purpose and the beneficiary
of the deduction.
Jurisdiction over check-off disputes is
with the Regional Director of the DOLE,
not the Labor Arbiter
UNION DUES VS. AGENCY FEE
UNION DUES
AGENCY FEE
a. DEDUCTED FROM
- members of a
union
for
the
payment of union
dues.
b. CONSENT
May
not
be
deducted from the

salaries of the union
members
without
the written consent
of
the
workers
affected
IN
LABOR LAW
employees
without
their consent.
Agency fee cannot be imposed on

employees already in the service and are
members of another union. If a closed
shop agreement cannot be applied to
them, neither may an agency fee, as a
lesser form of union security, be imposed
to them.
(NABAILU vs. San Miguel
Brewery Inc)
EXCEPTION TO THE REQUIREMENT OF
INDIVIDUAL WRITTEN AUTHORIZATION:
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
Will the employees-members of
another union not be considered as
free riders?
No since when the union bids to be the
bargaining agent, it voluntarily assumes
the responsibility of representing all
employees in the appropriate bargaining
unit.
SPECIAL ASSESSMENT vs. CHECK-OFF
SPECIAL
ASSESSMENTS
CHECK-OFF
- non-members of the
bargaining
agent
(union)
for
the
enjoyment of the
benefits under the
CBA.
- May be deducted
from the salary of
LABOR LAW COMMITTEE
27
MEMORY AID
a. HOW APPROVED
-by written resolution
approved by majority
of all the members at
a meeting duly called
for that purpose
b.
EXCEPTION TO
SUCH REQUIREMENT
-no exceptionwritten
resolution
is
mandatory
at
all
instances.
(Union Dues)
-by
obtaining
the
individual
written
authorization
duly
signed
by
the
employee which must
specify:
a. amount
b. purpose and
c. beneficiary
of
the deduction.
(Agency Fees)
-not necessary if:
1.
For
mandatory
activities
provided
under the Code; and
2. When non-members
of the union avail of
the benefits of the
CBA.
Said
nonmembers
may
be
assessed agency fees
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
ORGANIZATION [USERFOE]:
LABOR
IN
LABOR LAW
ART. 243. COVERAGE AND

EMPLOYEES RIGHT TO SELF
ORGANIZATION
PERSONS/EMPLOYEES ELIGIBLE TO
JOIN A LABOR ORGANIZATION FOR
PURPOSES
OF
COLLECTIVE
BARGAINING:
1. All persons employed in commercial,
industrial and agricultural (CIA)
enterprises, and
2. In religious, charitable, medical or
educational (RCME) institutions
whether operating for profit or not
PERSONS/EMPLOYEES ELIGIBLE TO
JOIN A LABOR ORGANIZATION FOR
MUTUAL
AID
AND
PROTECTION
(AIRSIW):
1. Ambulant,
2. Intermittent,
3. Rural,
4. Self-employed people
5. Itinerant workers and
6. Workers without any definite
employers,
PERSONS/EMPLOYEES WHO ARE NOT
GRANTED THE RIGHT TO SELFORGANIZATION: (HEMACEN)
1.
High-level government employees

(E.O. 180 Sec. 3) (MANAGERIAL
GOVERNMENT EMPLOYEES)
1.Undertake activities for benefit of

members
2.Sue and be sued
3.Exclusive representative of all
employees
4.Represent union members
5.Furnished by employers of audited
financial statements
6.Own properties
7.Exempted from taxes
TITLE V
COVERAGE
LABOR LAW COMMITTEE
28
MEMORY AID
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS WITH
AN ORIGINAL
CHARTER
a. LAW
- 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.
b. BARGAINING RIGHTS
- 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
limited bargaining
rights.
c.PURPOSE OF
ORGANIZATION
- Can only form, join or
assist labor organization
for purposes not contrary
to law.
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
ORIGINAL
CHARTER
- 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
strike.
- 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
unlimited bargaining
rights.
- Can form, join or

assist labor
organization for
purposes of CBA, etc.
2.
Employees
of
international
organizations with immunities (ICMC vs.
Calleja)
3.
4.
Managerial employees
whose functions are normally
considered as policy-making or
managerial
whose duties are of a highly
confidential or highly technical
in nature (212 LC)
Members of the Armed Forces of

the Philippines, including police
officers, policemen, firemen and jail
guards (E.O. 180 Sec. 4);
LABOR LAW COMMITTEE
IN
LABOR LAW
5.
Confidential
(Metrolab vs. Confesor)
employees
6.
Employees of cooperatives who

are members (Benguet Elec. Coop.
vs Calleja)
7.
Non-Employees (Rosario Bros. vs

Ople)
Foreigners validly working in the

Philippines [with permit from DOLE]
can form labor organizations, provided
the same right to form, join or assist in
the formation of labor unions is also
given to Filipinos in their country of
origin. This embodies the principle of
reciprocity.
MAY SECURITY GUARDS FORM A LABOR
ORGANIZATION?
YES. Under RA 6715, they may now
freely join a labor organization of the
rank-and-file or that of the supervisory
union, depending on their rank. (Meralco
vs. Secretary of Labor)
EXTENT OF THE RIGHT TO SELFORGANIZATION

1. To form, join and assist labor
organizations for the purpose of
collective
bargaining
through
representatives of their own choosing
and
2. To engage in lawful concerted
activities for the same purpose- for
their mutual aid and protection.
ART. 244. RIGHTS OF EMPLOYEES IN
THE PUBLIC SERVICE
THE FOLLOWING ARE CONSIDERED

NEGOTIABLE IN GOCCs WITH ORIGINAL
CHARTER:
1.
schedule of vacation and other
leaves
2.
work assignment of pregnant
women
3.
personnel
growth
and
development
4.
communication system lateral
and vertical
5.
provision for protection and
safely
6.
provision
for
facilities for
handicapped personnel
29
MEMORY AID
7.
provision for first-aid medical

services for married women
8.
annual
medical/physical
examination
9.
recreational, social, athletic and
cultural activities and facilities
(Rules implementing WO 180)
THE FOLLOWING ARE CONSIDERED
NOT NEGOTIABLE:
1. Those which require appropriation of
funds, such as:
a. increase
in
salary
emoluments
and
other
allowance
not
presently
provided for by law
b. facilities requiring capital
outlays
c. car plan
d. provident fund
e. special
hospitalization,
medical and dental services
f. rice/sugar/other subsidies
g. travel expenses
h. increase
in
retirement
benefits
2. Those that involve the exercise of
management prerogatives, such as:
a. appointments
b. promotion
c. assignments/details
d. reclassification/upgrading of
position
e. revision of compensation
structure
f. penalties imposed as a result
of
disciplinary actions
g. selection of personnel to
attend seminar, trainings,
study grants
h. distribution of work load
i.
external
communication
linkages
Government
employees
and
employees of government-owned
and controlled corporations with
original charters may bargain,
however, such bargaining power
is limited.
NOTE:
The Public Sector Labor

Management Council (PSLMC), created
LABOR LAW COMMITTEE
IN
LABOR LAW
by E.O. 180 has jurisdiction to hear

charges of ULP filed by government
employees against their employer.
REASONS WHY EMPLOYEES IN GOCCs
INCORPORATED
UNDER
THE
CORPORATION CODE ARE ALLOWED TO
ORGANIZE:
1. they are not involved in public
service
2. terms of employment are not fixed
by law
3. they are governed by the provisions
of the Labor Code not by the Civil
Service Law
ART. 245. INELIGIBILITY OF

MANAGERIAL EMPLOYEES TO JOIN ANY
LABOR ORGANIZATION; RIGHT OF
SUPERVISORY EMPLOYEES.
MANAGERIAL EMPLOYEE - one who is
vested with powers or prerogatives to
lay down and execute management
policies and /or to hire, transfer,
suspend, lay-off, recall, discharge,
assign or discipline employees.
MANAGERIAL EE UNDER LS AND LR
Managerial
Managerial
Employees under
Employees
Labor Standards
under Labor
Relations
a. POWERS/DUTIES
- primary duty consists - See definition
of the management of above
the establishment in
which
they
are
employed or of a
department
or
subdivision
- does not include
b. EXTENT
- includes the officers the managerial
and members of the staff since they are
classified as
managerial staff
c. PURPOSE OF
DEFINITION
- to determine w/n
certain employees are
covered by Book III of
supervisory
employees [who
may/may not be
eligible to join a
labor union with
the rank and file
employees]
- to determine an
employees
eligibility
in
joining/forming a
labor union.
30
MEMORY AID
the LC on Conditions of
Employment.
Reason for ineligibility in the

collective
bargaining
process,
managerial employees are the alter ego
of the employers and thus they are
supposed to be on the side of the
employer to act as its representatives,
and to see to it that its interests are
well protected. The employer is not
assured of such protection if these
employees are union members.
In the same manner, the labor
union might not be assured of
their loyalty to the union in
view of the evident conflict of
interest.
The union can also become
company-dominated with the
presence
of
managerial
employees in Union Membership
(Bulletin Publishing Co. Inc. vs.
Hon. Augusto Sanchez).
SUPERVISORY EMPLOYEES - those who,
in the interest of the employer,
effectively recommend such managerial
actions if the exercise of such authority
is not merely routinary or clerical in
nature but requires the use of
independent judgment.
MAY SUPERVISORY EMPLOYEES FORM,
ASSIST, JOIN A LABOR ORGANIZATION?
YES, on their own and NOT with the
rank-and-file employees (RA 6715).
The TEST IS: Do they exercise

independent judgment which is
not subject to evaluation of
other department heads/other
superiors? If in the affirmative,
then they may-must form a labor
organization
of
their
own
[separate from the rank and file
employees]
If their responsibilities do not
inherently require the exercise
of discretion and independent
judgment
[or
merely
routinary/clerical in nature]
then they may join the union
LABOR LAW COMMITTEE
IN
LABOR LAW
composed of the rank and file

employees.
NOTE: It is the nature of the employees
functions and not the nomenclature or
title given to his job which determines
whether he has a rank and file or
managerial
status.
(Engineering
Equipment, Inc. vs. NLRC)
MAY THEY
AFFILIATE
WITH
A
FEDERATION OF LABOR ORGANZATIONS
OF RANK AND FILE EMPLOYEES?
YES. Provided that:
a.
the federation is not actively
involved in union affairs in the
company; and
b. the rank and file employees are
not directly under the control of
the supervisors (Adamson vs.
Adamson)
EFFECT
OF
HAVING
MIXED
MEMBERSHIP
A
union
whose
membership is a mixture of the
supervisors and the rank and file is not
and cannot become a legitimate labor
organization. It cannot petition for a
certification election, much less ask to
be recognized as the bargaining
representative of employees.
CONFIDENTIAL EMPLOYEES - by the
very nature of their functions, they
assist and act in a confidential capacity
to, or, have access to confidential
matters of persons who exercise
managerial functions in the field of
labor relations. Therefore, the rationale
behind the ineligibility of managerial
employees to form, assist or join a labor
union equally applies to them. (Philips
Industrial Devt Inc. Vs. NLRC)
- they are entrusted with confidence on
delicate matters, or with the custody,
handling, or care and protection of the
employers property. Under the doctrine
of necessary implication, confidential
employees are similarly disqualified
under Article 245. (Republic Planters
Bank vs. Torres)
NOTE: The phrase in the field of labor
relations is important. It stresses labor
nexus, i.e., confidentiality of the
31
MEMORY AID
position is related or linked to labor

relations matters.
Access to information which is
regarded by the employer to be
confidential from the business
standpoint, such as financial
information or technical trade
secrets, will not render an
employee
a
confidential
employee. (SMC Supervisors &
Exempt
Union
vs.
Hon.
Laguesma, et al.)
Confidentiality is not a matter of
official rank, it is a matter of job
content and authority. It is not
measured by closeness to or
distance from top management,
but by the significance of the
jobholders role in the pursuit of
corporate
objectives
and
strategies.
Every managerial position is
confidential because one does
not become a manager without
having gained the confidence of
the appointing authority. But
not every confidential employee
is managerial; he may be a
supervisory or even a rank-andfile employee.
ART. 246. NON-ABRIDGEMENT OF
THE RIGHT TO SELF-ORGANIZATION
THE RIGHT TO SELF-ORGANIZATION
SHALL NOT BE ABRIDGED MEANS:
It shall be unlawful for any person to:
a.
b.
c.
d.
restrain,
coerce,
discriminate against, or
unduly interfere
- with employees and workers in their

exercise of the right to self-organization.
Any act intended to weaken or

defeat the right is regarded by
law as an offense, which is
technically called unfair labor
practice.
TITLE VI
LABOR LAW COMMITTEE
IN
LABOR LAW
UNFAIR LABOR PRACTICES

CHAPTER I
CONCEPT
ART. 247. UNFAIR LABOR PRACTICES
NATURE
PRACTICES:
OF
UNFAIR
LABOR
1. VIOLATE THE CONSTITUTIONAL

RIGHT of workers and employees to
self-organization;
2. are INIMICAL TO THE LEGITIMATE
INTERESTS of both
labor and management, including
their right to bargain collectively
and otherwise deal with each
other in an atmosphere of freedom
and mutual respect
3. DISRUPT INDUSTRIAL PEACE; and
4. hinder the promotion of healthy and
stable labor-management relations
and mutual respect [LABOR-MNGT
RELATIONS-UNSTABLE];
2 ELEMENTS
PRACTICE:
OF
UNFAIR
LABOR
1.
employer-employee relationship
between the offender and the
offended
2. act done is expressly defined in
the Code as an act of unfair
labor practice
3. it is now considered a criminal
offense triable by the criminal
court
NOTE: Prohibited acts are all related to
the workers' self-organizational right and
the the observance of a CBA, except Art.
248 (f) dismissing or prejudicing an
employee for giving testimony under the
Code.
ULP has a technical meaning.
It is a practice unfair to labor,
although the offender may either
be an employer or a labor
organization
It refers to acts opposed to
workers'
right
to
organize.
32
MEMORY AID
Without this, the act, no matter

how unfair, is not ULP.
It commonly connotes antiunionism.
It also refers to gross violation
of CBA provisions. Gross means the
act is malicious and flagrant.
2 ASPECTS
PRACTICE:
CIVIL CASE
OF
UNFAIR
LABOR
CRIMINAL CASE
A. PERSONS LIABLE
1. Officers and 1. Agents and officers
agents
of who
participated
or
employer or
authorized or ratified
2. Labor
the act.
organization,
2. Agents,
officers
and representatives, members
agents
of the government board,
including
ordinary
members
B. JURISDICTION
-Labor Arbiters of -MTC/RTC as the case
the NLRC
may be.
C. QUANTUM OF PROOF NEEDED
-substantial
-beyond reasonable doubt
evidence
[subject to prosecution
and punishment]
D. PRESCRIPTIVE PERIOD
- one year from - one year from the
the accrual of the accrual of the ULP act,
ULP act.
however
it
will
be
suspended
once
the
administrative case has
been filed and would only
continue running once the
administrative case has
attained finality.
Final judgment in the
administrative
proceeding finding that
ULP has been committed
is a prerequisite in filing
a criminal case for ULP
NOTE: Final judgment in
the
administrative
proceedings shall not be
binding in the criminal
case
nor
shall
be
considered
as
an
evidence of guilt but
merely as a proof of
compliance
of
the
requirements prescribed
by the Code.
CHAPTER II
UNFAIR LABOR PRACTICES
LABOR LAW COMMITTEE
IN
LABOR LAW
OF EMPLOYERS
ART 248. ULP THAT MAY BE
COMMITTED BY AN EMPLOYER (1-10)
1. To INTERFERE WITH, RESTRAIN OR
COERCE EMPLOYEES
- in the exercise of their right
to self-organization;
INTERFERENCE
Examples:
- outright and unconcealed intimidation
- interrogation
employer must communicate to the
employee the purpose of questioning
1. assure him that no reprisal would
take place
2. obtain employee participation
voluntarily
3. must be free from employer
hostility to union organization
4. must not be coercive in nature
-intimidating expressions of opinion by
employer
TEST OF INTERFERENCE OR COERCION whether the employer has engaged in
conduct which it may reasonably be said
tends to interfere with the free exercise
of the employees' right and it is not
necessary that there be direct evidence
that any employee was in fact
intimidated
or
coerced
by
the
statements of threats or the employer if
there is a reasonable interference that
the anti-union conduct of the employer
does have an adverse effect of selforganization and collective bargaining.
2.
TO REQUIRE AS A CONDITION FOR

EMPLOYMENT THAT A PERSON OR
AN EMPLOYEE
- shall not join a labor
organization or
- shall withdraw from one to
which he belongs;
YELLOW DOG CONTRACT - A promise

exacted from workers as a condition of
employment that they are not to belong
to, or attempt to foster, a union during
33
MEMORY AID
their period of employment. It is null

and void because:
- It is contrary to public policy
for it is tantamount to involuntary
servitude.
- It is entered into without
consideration for employees in
waiving
their
right
to
selforganization
- Employees are coerced to sign
contracts disadvantageous to their
family.
Does Art. 248 (3) mean that an
employer cannot contract out work?
NO. Contracting out services is not ULP
per se. It is ULP only when the following
conditions exist:
1. the service contracted- out
are being performed by
union members; and
2. such
contracting-out
interferes with, restrains, or
coerce employees in the
exercise of their right to
self-organization.
HOWEVER, when the contracting-out is
being done to minimize expenses, then it
is a valid exercise of management
prerogative.
3. To CONTRACT OUT SERVICES OR
FUNCTIONS BEING PERFORMED BY
UNION MEMBERS
- when such will interfere with,
restrain or coerce employees in
the
- exercise of their right to selforganization;
4. To INITIATE, DOMINATE, ASSIST OR
OTHERWISE INTERFERE
with
the
formation
or
administration of any
labor
organization,
- including the giving of financial or
other support to it or its
organizers or officers; (Formation
of Company Union)
5. To DISCRIMINATE IN REGARD TO
WAGES, hours of work, and other
terms
and
conditions
of
employment in order to encourage or
LABOR LAW COMMITTEE
IN
LABOR LAW
discourage
membership in any
labor organization.
TEST OF DISCRIMINATION- whenever
benefits or privileges given to one is not
given to the other under similar or
identical conditions when directed to
encourage
or
discourage
union
membership (see more discussions
below)
6. To
DISMISS,
DISCHARGE
OR
OTHERWISE
PREJUDICE
OR
DISCRIMINATE against an employee
- for having given or being about
to give testimony under this
Code; (The only ULP act which is
not anti-unionism)
DISCRIMINATION
BECAUSE
OF
TESTIMONY
TEST: the subject matter of the
testimony can be anything under
the Code
what is ULP is the employer's
retaliatory act regardless of the
subject of employee's complaint
or testimony
7. TO VIOLATE THE DUTY TO BARGAIN
COLLECTIVELY AS PRESCRIBED BY
THIS CODE;
8.
TO PAY NEGOTIATION OR
ATTORNEYS FEES TO THE UNION OR
ITS OFFICERS OR AGENTS
- as part of the settlement of any
issue in collective bargaining

or any other disputes; or
9.
To VIOLATE A COLLECTIVE
BARGAINING AGREEMENT.(GROSSLY!)
- the violation must be gross and
with respect to the economic
provision of the CBA (flagrant
and with malice)
All the aforementioned acts (Nos. 19) must have a relation to the
employees exercise of their to selforganization. Anti-union or antiorganization motive must be proved
because it is a definitional element
of ULP.
RUNAWAY SHOP - an industrial plant
moved by its owners from one location
34
MEMORY AID
to another
regulations
discriminate
old plant
activities.
to escape union labor

or state laws or to
against employees at the
because of their union
COMPANY UNIONISM
1. Initiation of the company union
idea by:
a. outright formation by
employer
or
his
representatives
b. employee formation on
outright
demand
or
influence by employer
c. managerially motivated
formation by employees
2. financial support to the union by:
a. employer defrays union
expenses
b. pays attorney's fees to the
attorney who drafted the
Constitution or by laws of
the union
3.
employer encouragement and
assistance by immediate granting
of
exclusive
recognition
as
bargaining
agent
without
determining whether the union
represents
majority
of
the
employees
4. supervisory assistance by soliciting
membership, permitting union
activities during work time or
coercing employees to join the
union by threats of dismissal or
demotion.
DISCRIMINATION FOR OR AGAINST

UNION MEMBERSHIP
TEST OF DISCRIMINATION:
That the
discharge of an employee was motivated
by his union activity. Such inference
must be based on evidence, direct or
circumstantial, not upon mere suspicion.
CONSTRUCTIVE DISCHARGE - ULP
where employer prohibits employees
from exercising their rights under the
Code, on pain of discharge, and the
employee quits as a result of the
prohibition
LABOR LAW COMMITTEE
IN
LABOR LAW
THREE COMPONENTS OF ART. 248(5)

(DISCRIMINATION):
1.It prohibits discrimination in
terms
and
conditions
of
employment in order to encourage
or discourage membership in the
union;
2.It gives validity to union security
agreements;
3.It allows an agency shop
arrangement whereby agency fees
may be collected from non-union
members.
SECURITY
ARRANGEMENTS
stipulations in the CBA requiring
membership in the contracting union as
a condition for employment or retention
of employment in the company.
PRINCIPLES OF UNION SECURITY
ARRANGEMENTS:
1. Protection - To shield union members
from whimsical and abusive exercise
of management prerogatives.
2. Benefits - An additional membership
will insure additional source of
income to the union in the form of
union dues and special assessment.
3. Self-preservation- It strengthens the
union
through selective
acceptance of new members on the
basis of commitment and loyalty.
DIFFERENT KINDS OF UNION SECURITY
ARRANGEMENTS: (EXCEPTIONS TO ULP
ON INTERFERENCE ON THE EMPLOYEES
EXERCISE OF THEIR RIGHT TO SELFORGANIZATION)
1. CLOSED-SHOP AGREEMENT - the
employer undertakes not to employ any
individual who is not a member of the
contracting union and the said individual
once employed must, for the duration of
the agreement, remain a member of the
union in good standing as a condition for
continued employment.
- does not have any retroactivity
- apply only to new hires
EXCEPTIONS:
a. employees belonging to any
religious
sect
which
prohibit
affiliation of their members with any
35
MEMORY AID
IN
LABOR LAW
labor organization are not covered

by
such
agreementThe
free
exercise of religious belief is
superior
to
contract
rights
(Victoriano
vs.
Elizalde
Rope
Workers).
b. members of the rival union are not
covered by such arrangement.
This is directed against

FREE RIDER employees who
benefit from union activities
without contributing support to
the union, to prevent a situation
of non-union members enriching
themselves at the expense of
union members.
SEMI-CLOSED SHOP AGREEMENT- has

no requirement for the employee to
remain as member of the contracting
union in good standing as a condition
for continued employment.
Employee
members
of
another/rival union are not
considered free riders since
when the union [agent] bids to
be the bargaining agent, it
voluntarily
assumed
the
responsibility of representing all
the
employees
in
the
appropriate bargaining unit.
2. UNION
SHOP
AGREEMENT
-stipulation whereby any person can be
employed by the employer but once
employed such employee must, within a
specific period, become a member of
the contracting union and remain as such
in
good
standing
for
continued
employment for the duration of the CBA
[take note of the exceptions in the
preceding number.]
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 who 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
an agreement whereby the employer
merely agrees to give preference to the
members of the bargaining union in
hiring, promotion or filing vacancies and
retention in case of lay-off. The
employer has the right to hire from the
open market if union members are not
available.
5.
AGENCY SHOP AGREEMENT - an
agreement whereby employees must
either join the union or pay to the union
as exclusive bargaining agent a sum
equal to that paid by the members.
LABOR LAW COMMITTEE
REQUIREMENTS FOR A VALID

TERMINATION BY THE EMPLOYER OF
THE SERVICES OF AN EMPLOYEE
PURSUANT TO A UNION OR CLOSEDSHOP AGREEMENT:
1. The agreement must be expressed in
a CLEAR AND UNEQUIVOCAL way so
as not to leave room for
interpretation because it is a
limitation to the exercise of the
right to self-organization.
Any doubt must be resolved
against the existence of a
closed-shop agreement.
2. The agreement can only have
PROSPECTIVE APPLICATION and
cannot be applied retroactively.
3. It can only be exercised by giving the
employee his right to DUE PROCESS.
- The employer has the right to
satisfy himself that there are
sufficient bases for the request
of the union.
The termination of the services
of the employee is not automatic
upon the request of the union.
4. It cannot be applied to employees
who are already MEMBERS OF THE
RIVAL UNION or to the employees
based on their religious beliefs.
36
MEMORY AID
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
ART. 249. UNFAIR LABOR PRACTICES

OF LABOR ORGANIZATIONS
a. To RESTRAIN OR COERCE employees
in the exercise of their right to selforganization. However, a labor
organization shall have the right to
prescribe its own rules with respect
to the acquisition or retention of
membership;
b. To CAUSE OR ATTEMPT TO CAUSE
AN EMPLOYER TO DISCRIMINATE
AGAINST AN EMPLOYEE, including
discrimination
c. To VIOLATE THE DULY OR REFUSE
TO BARGAIN COLLECTIVELY with the
employer provided that it is the
representative of the employees;
d. TO CAUSE OR ATTEMPT TO CAUSE
AN EMPLOYER TO PAY OR DELIVER
OR AGREE TO PAY OR DELIVER ANY
MONEY or other things of value, in
the nature of an exaction, for
services which are not performed or
not to be performed, including the
demand for a fee for union
negotiations;
(This
is
called
FEATHERBEDDING)
e. To
ASK
FOR
OR
ACCEPT
NEGOTIATION OR ATTORNEYS FEES
FROM EMPLOYERS as part of the
settlement of any issue in collective
bargaining or any other dispute; or
f. To GROSSLY VIOLATE A COLLECTIVE
BARGAINING AGREEMENT.
The violation must be gross and
must be with respect to
economic provisions of the CBA
flagrantly and with malice.
PERSONS CIVILLY LIABLE FOR

ULP:
1. Officers and agents of employer
2. Labor organization, officers and
agents
3.
Agents and officers who
participated or authorized or
ratified the act.
FEATHERBEDDING - refers to the
practice of the union or its agents in
causing or attempting to cause an
LABOR LAW COMMITTEE
IN
LABOR LAW
employer to pay or deliver or agree to

pay or deliver money or other things of
value, in the nature of exaction, for
services which are not performed or not
to be performed, as when a union
demands that the employer maintain
personnel in excess of the latters
requirements.
It is not featherbedding if the
work is performed no matter
how unnecessary or useless it
may be.
SWEETHEART DOCTRINE considers it
ULP for a labor organization to ask for or
accept negotiation or attorneys fees
from the employer in settling a
bargaining issue or dispute
resulting CBA is considered a

sweetheart contract a CBA
that does not substantially
improve the employees wages
and benefits.
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART.
250.
PROCEDURE
IN
COLLECTIVE BARGAINING
COLLECTIVE BARGAINING negotiation
by an organization or group of workmen,
in behalf of its members, with the
employer, concerning wages, hours of
work and other terms and conditions of
employment and the settlement of
disputes by negotiation between an
employer and the representative of his
employees.
Negotiation towards a collective
agreement.
The mechanics of collective bargaining
is set in motion only when the following
JURISDICTIONAL PRECONDITIONS are
present:
1. POSSESSION OF THE STATUS OF
MAJORITY representation by the
employees
representative
in
accordance with any of the means of
37
MEMORY AID
selection or designation provided for

by the Labor Code;
1.
2.
proof
of
MAJORITY
REPRESENTATION (Certification of
the BLR that the representative of
the employees in the sole and
exclusive bargaining agent having
won in a certification election); and
3. a DEMAND TO BARGAIN under
Article 250 (a) of the Labor Code.
(Kiok Loy vs. NLRC)
2.
3.
COLLECTIVE BARGAINING AGREEMENT

(CBA) - a negotiated contract between a
legitimate labor organization and the
employer concerning:
a. wages,
b. hours of work, and
c. all
other
terms
and
conditions of employment in
a bargaining unit, including
mandatory provisions for
grievances and arbitration
machineries.
6.
PROCEDURE
BARGAINING
IN
1.
COLLECTIVE
Written NOTICE with statement

of proposals
2.
REPLY by the other party within
10 calendar days with counter
proposals
3.
In case of differences, either
party may REQUEST FOR A
CONFERENCE which must be held
within 10 days from receipt of
request.
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
[either to settle the dispute or
submit it to a voluntary arbitrator].
During
the
conciliation
proceeding in the Board, the
parties are prohibited from doing
any act which may disrupt or
impede the early settlement of
the disputes (250[d] LC).
8 STAGES IN THE NEGOTIATION FOR A
COLLECTIVE BARGAINING AGREEMENT:
LABOR LAW COMMITTEE
4.
5.
7.
8.
IN
LABOR LAW
PRELIMINARY process - written

notice for negotiation which must
be clear and unequivocal
NEGOTIATION Process
EXECUTION Process signing of the
agreement
PUBLICATION for at least 5 days
before ratification
RATIFICATION by the majority of
all the workers in the bargaining
unit represented in the negotiation
(not necessary in case of arbitral
award)
REGISTRATION Process
Requisites for registration:
a. mandatory provisions
b. payment of P1, 000
c. 5 copies of CBA
d. proof of ratification
ADMINISTRATION Process the CBA
shall be jointly administered by
the
management
and
the
bargaining agent for a period of 5
years
INTERPRETATION AND APPLICATION
Process
MANDATORY PROVISIONS OF THE CBA:

1. wages
2. hours of work
3. grievance machinery
4. voluntary arbitration
5. family planning
6. rates of pay
7. mutual observance clause
In addition, the Bureau requires

that the CBA should include a
clear statement of the terms of
the CBA.
Note: Employers duty to bargain is

limited
to
mandatory
bargaining
subjects; as to other matters, he is free
to bargain or not to bargain.
ART. 252. MEANING OF DUTY TO
BARGAIN COLLECTIVELY
DUTY TO BARGAIN COLLECTIVELY the performance of a mutual obligation:

a.
to MEET AND CONVENE promptly

and expeditiously in good faith for
the purpose of negotiating an
agreement with respect to wages,
38
MEMORY AID
hours of work and all other terms

and conditions of employment
including proposals for adjusting
any grievances or questions arising
under such agreement and
b. EXECUTING
A
CONTRACT
incorporating such agreements if
requested by either party.
IN
LABOR LAW
An employer has been held not guilty of

refusal to bargain by adamantly
rejecting the union's economic demands
where he is operating at a loss, on a low
profit margin, or in a depressed industry,
as long as he continues to negotiate.
But financial hardship constitutes no
excuse
for
refusing
to
bargain
collectively.
LIMITATIONS:
1. the duty to bargain collectively does
not compel any party to:
a. agree to a proposal; or
b. make a concession.
No room for Take it or Leave it
posture.
2. the parties cannot stipulate terms
and conditions of employment which
are below the minimum requirements
prescribed by law
(Meaning of duty to bargain when there
exists a CBA, see discussion under Art.
253)
Collective bargaining does not

end with the execution of the
agreement. It is a continuous
process. The duty to bargain
imposes on the parties during
the term of their agreement the
mutual obligation to meet and
confer
promptly
and
expeditiously and in good faith
for the purpose of adjusting any
grievances or question arising
under such agreement. (Republic
Savings Bank vs. CA)
FOUR (4) FORMS OF ULP IN

BARGAINING:
a. failure or refusal to meet and
convene
b.
evading the mandatory subjects
of bargaining
c.
bad
faith
in
bargaining
[boulwarism], including failure or
refusal to execute the CBA, if
requested
d. gross violation of the CBA
ACTS NOT DEEMED REFUSAL TO

BARGAIN:
1. adoption of an adamant bargaining
position in good faith
2. refusal to bargain over demands for
commission of ULP
3. refusal to bargain during period of
illegal strike
4. there is no request for bargaining
5. union seeks recognition
inappropriately large unit
for
an
6.
union seeks to represent some
persons who are excluded from the Code
7.
the rank-and-file unit includes
supervisors or inappropriate otherwise
8.
the demand for recognition and
bargaining is made within the year
following a certification election in
which the clear choice was no union and
no ad interim significant change has
taken place in the unit
9. the union makes unlawful bargaining
demands
BARGAINING TO THE POINT OF
DEADLOCK OR IMPASSE:
1. over a mandatory subject - party
may insist on bargaining and will not be
construed as bargaining in bad faith
REASON:
duty to bargain requires
meeting and convening on the terms and
conditions of employment
but does not require assent to the other
party's proposals.
Do economic exigencies justify refusal

to bargain?
LABOR LAW COMMITTEE
39
MEMORY AID
2. over a non-mandatory subject party may not insist on bargaining to the

point of impasse, otherwise, he will be
construed as bargaining in bad faith.
EXAMPLE:
The employer's insistence
that the union should change its
negotiator
before
bargaining
can
proceed to the employees' wage and
benefits is an instance of bad-faith
bargaining because the composition of
the negotiating panel is not a mandatory
subject of bargaining.
Hence, if Party A insists on first settling a
non-mandatory subject before tackling a
mandatory subject, Party B may
complain that Party A's posture is just an
excuse to avoid bargaining on the
mandatory,
essential
subjects
of
bargaining; thus, Party B can charge that
Party A is bargaining in bad faith or is
evading bargaining on terms and
conditions of employment - in short,
Party A is committing ULP.
NOTE: What the rule forbids is the
posture of making settlement of a nonmandatory subject a pre-condition to
the discussion or settlement of a
mandatory subject.
253
A.FREEDOM PERIOD
-the notice of intention to
terminate, amend or alter
the provisions of the CBA
shall be filed within the
sixty (60) day period,
immediately prior to the
expiration of the CBA.
-the economic provisions
however
may
be
renegotiated not later than
three (3) years. Those
economic
provisions
entered within 6 months
from the expiry of their
term as fixed in the CBA
shall retroact to the day
immediately following such
date, if beyond 6 months
the effectivity is by
agreement of the parties.
IN
LABOR LAW
ART. 253. DUTY TO BARGAIN

COLLECTIVELY WHEN THERE EXISTS A
GENERAL RULE: When there is an
existing CBA, the duty to bargain
collectively shall also mean that neither
party shall TERMINATE nor MODIFY such
agreement during its lifetime. It is the
duty of both parties to:
a. keep the status quo and
b. to continue in the full force and
effect the terms and conditions of
the existing CBA
EXCEPTION: during the 60-day period
prior to its expiration, upon service of a
written notice of a partys intention to
terminate or modify the same, a party
may choose to terminate or modify the
non-representational aspect of the CBA
only after the expiration of CBA of fixed
duration.
DUTY TO BARGAIN COLLECTIVELY
UNDER 253 AND 253-A/256
AUTOMATIC RENEWAL CLAUSE Art.
253 provides that the CBA shall remain
effective and enforceable even after the
expiration of the period fixed by the
parties as long as no new agreement is
reached by them.
253-A/256
- representation
aspect of the CBA
shall be for a
term of five (5).
A petition for
certification
election may be
entertained and
a
certification
election may be
conducted within
the 60-day period
immediately
prior
to
the
expiration of the
CBA.
WHAT MAY BE DONE DURING THE

60-DAY FREEDOM PERIOD:
a. A labor union may DISAFFILIATE
from the mother union to form a
local or independent union only
during the 60-day freedom period
immediately
preceding
the
expiration of the CBA. [take note of
the limitation-see discussions on
registration of labor unions]
b. either party can serve a written
notice to TERMINATE OR MODIFY
the agreement at least 60 days prior
to its expiration period [on renegotiable/non-representation
aspect of the CBAsee discussion on
253]
c. a petition for CERTIFICATION
ELECTION may be filed
B.
WHAT MAY BE
CHANGED DURING THE 60- representation
DAY FREEDOM PERIOD
aspectit may be
LABOR LAW Cprovisions
OMMITTEEof
-re-negotiable
resolved by holding
the
CBA particularly the certification
non-representation
aspectMa.election
ASST. EDPS: Jennifer Trinidad,
Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
(ECONOMIC
PROVISIONS
may be renegotiated not
later than three (3) years.
40
MEMORY AID
IN
LABOR LAW
ART. 253A.
TERMS OF A
(CONTRACT BAR RULE)
REASON:
injunction contradicts the
constitutional preference for voluntary
modes of dispute settlement
DURATION OF THE CBA:
1. With
respect
representation aspect,
lasts for 5 years
to
the
the
same
In cases of strikes/picketing, third

parties or innocent bystanders may
secure a court (regular court)
injunction to protect their rights.
(PAFLU vs. CLORIBEL)
2. With respect to other provisions

[economic provisions], the same may
last for a maximum period of 3 years
after the execution of the CBA
ART. 255. EXCLUSIVE BARGAINING

REPRESENTATION
AND
WORKERS
PARTICIPATION
IN
POLICY
AND
DECISION-MAKING
RULE ON RETROACTIVE EFFECTS OF

OTHER ECONOMIC PROVISIONS WITH
FIXED TERM OR DATES OF EXPIRY AS
PROVIDED IN THE CBA:
WHAT IS THE MEANING OR EXTENT OF

THE WORKERS RIGHT TO PARTICIPATE
IN POLICY AND DECISION-MAKING
PROCESSES?
a. Those made within 6 months after

the date of expiry of the CBA
- Any agreement on such other
provisions of the CBA made within 6
months after the date of expiry of the
CBA
is
subject
to
AUTOMATIC
RETROACTION to the day immediately
following such date of expiry.
Such right refers ONLY to

participation in grievance procedures
and voluntary modes of settling disputes
and NOT to formulation of corporate
programs and policies.
b. Those not made within 6 months the

parties may agree to the DATE OF
RETROACTION.
- This rule applies only if there
is an EXISTING AGREEMENT. If THERE IS
NO EXISTING AGREEMENT, there is no
retroactive effect because the date
agreed upon shall be the start of the
period of agreement.
NOTE: Article 253-A on retroaction does
not apply if the provisions were imposed
by the Secretary of Labor by virtue of
arbitration.
It applies only if the
agreement was voluntarily made by the
parties.
ART. 254. NO INJUNCTION RULE
No
temporary
or
permanent
injunction or restraining order in any
case involving or growing out of labor
disputes shall be issued by any court or
other entity, except as otherwise
provided in Articles 218 (Powers of the
Commission/NLRC) and 264 (Prohibited
Activities) of this Code.
LABOR LAW COMMITTEE
NOTE:
An employer may solicit
questions, suggestions and complaints
from
employees
eventhough
the
employees are represented by a union,
provided:
1.
the
collective
bargaining
representative
executes
an
agreement waiving the right to be
present on any occasion when
employee grievances are being
adjusted by the employer and
2. employer acts strictly within the
terms of this waiver agreement.
ONE-UNION, ONE-COMPANY POLICY the proliferation of unions in an

employer unit is discouraged as a matter
of policy unless there are compelling
reasons which would deny a certain class
of employees the right to selforganization for purposes of collective
bargaining.
EXCEPTION:
41
MEMORY AID
supervisory employees who are

allowed to form their own unions apart
from the rank-and-file employees
- the policy should yield to the right of
employees to form unions for purposes
not contrary to law, self-organization
and to enter into collective bargaining
negotiations.
two companies cannot be
treated into a single bargaining unit
even if their businesses are related.
subsidiaries
or
corporations
formed out of former divisions of a
mother
company
following
a
reorganization may constitute a
separate bargaining unit.
LABOR MANAGEMENT COUNCILS deal with the employer on matters
affecting employees rights, benefits and
welfare.
They may be formed even if there
is already a union in the company.
ARTS. 256-259 PETITION FOR

CERTIFICATION ELECTION
BARGAINING UNIT- a group of

employees of a given employer,
comprised of all or less than all the
entire body of the employees, which,
consistent with equity to the employer,
indicate to be best suited to serve the
reciprocal rights and duties of the
parties under the collective bargaining
provision of the law.
CERTIFICATION YEAR - refers to the
period wherein collective bargaining
should begin, which is within 12 months
following
the
determination
and
certification of employees' exclusive
bargaining representative.
FOUR FACTORS IN DETERMINING THE
APPROPRIATE BARGAINING UNIT:
1. the EXPRESS WILL OR DESIRE of the
employees (Globe Doctrine);
the desires of all the employees
are
relevant
to
the
determination of the appropriate
bargaining unit. The relevance
LABOR LAW COMMITTEE
IN
LABOR LAW
of the wishes of the employees

concerning their inclusion or
exclusion from a proposed
bargaining unit is inherent in the
basic right to self organization
2. the SUBSTANTIAL AND MUTUALITY
INTEREST factor;
3. prior collective bargaining HISTORY;
and
4. EMPLOYMENT STATUS, such as
a. temporary
b. seasonal, and
c. probationary employee
THINGS TO CONSIDER IN
DETERMINING THE COMMUNITY
OF INTEREST DOCTRINE:
1. similarity in the scale and manner of
determining earnings
2. similarity in employment benefits,
hours of work and other terms and
conditions of employment
3. similarity in the kinds of work
performed
4. similarity in the qualifications, skills
and training of the employees
5. frequency of contract or interchange
among the employees
6. common
supervision
and
determination of labor-relations
policy
7. history
of
bargaining
previous
collective
8. desires of the affected employees

9. extent of union organization
MODES OF CHOOSING THE EXCLUSIVE
BARGAINING UNIT:
1. SELECTION - certification election
2. DESIGNATION - voluntary recognition
A. CERTIFICATION ELECTION the
process of determining by secret ballot
42
MEMORY AID
the sole and exclusive bargaining agent

of the employees in an appropriate
bargaining unit, for purposes of
collective bargaining
CERTIFICATION
ELECTION
CERTIFICATION
ELECTION
A. NATURE
- separate and distinct
from
a
consent
election
B. PURPOSE
- to determine the sole
and
exclusive
bargaining agent of all
the employees in an
appropriate bargaining
unit for the purpose of
collective bargaining;
vs.
CONSENT
CONSENT
ELECTION
- a separate and
distinct process
and has nothing
to do with the
import
and
effect
of
a
certification
election
- to determine
the
issue
of
majority
representation of
all the workers
in
the
appropriate
collective
bargaining unit
mainly for the
purpose
of
determining the
administrator of
the CBA when
the contracting
union
suffered
massive
disaffiliation but
not
for
the
purpose
of
determining the
bargaining agent
for purposes of
collective
bargaining.
DIRECT CERTIFICATION - the 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)
LABOR LAW COMMITTEE
IN
LABOR LAW
VOLUNTARY RECOGNITION the process

whereby the employer recognizes a labor
organization as the exclusive bargaining
representative of the employees in the
appropriate bargaining unit after a
showing that the labor organization is
supported by at least a majority of the
employees in the bargaining unit.
EFFECT OF VOLUNTARY RECOGNITION
BY THE EMPLOYER - through voluntary
recognition by the employer, the labor
organization is recognized by the
employer as the exclusive bargaining
agent which may collectively bargain
with such employer.
C.E. IN AN ORGANIZED AND AN

UNORGANIZED ESTABLISHMENT
ORGANIZED
UNORGANIZED
A. WHEN MANDATORY ON
THE PART OF BLR
- 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.
- the employer cannot file
a petition for certification
election; only a legitimate
labor organization can file
such petition.
Upon:
a. 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.
B. PERIOD FOR FILING THE

PETITION
a. when there is a CBA,
the labor organization can
file
a
petition
for
certification
election
within the 60-day freedom
period
(CONTRACT-BAR
RULE)
b. when there is no CBA,
then the labor organization
can file a petition for
- any time,
subject
however to
the
ONEELECTIONPER-YEAR
RULE.
43
MEMORY AID
IN
LABOR LAW
certification election at
any time, subject to the
Deadlock Bar Rule.
(d) the TOTAL VOTES FOR

THE UNIONS IS AT LEAST 50%
of the votes cast;
REQUISITES BEFORE A LABOR UNION

CAN BE DECLARED A WINNER (DOUBLE
MAJORITY RULE):
(e) there
is
NO
UNRESOLVED
CHALLENGED
VOTES or election protest
which
if
sustained
can
materially alter the results
1. Majority of the eligible voters cast

their votes AND
2. Majority of the valid votes cast is for
such union.
HOW TO DETERMINE THE DOUBLE
MAJORITY RULE:
1. In determining the eligible votes cast
[FIRST MAJORITY], include spoiled
ballots
2. In determining valid votes [SECOND
MAJORITY], eliminate spoiled ballots
but include challenged votes
(f) the two choices which

garnered the highest votes will
be voted and the one which
garners the highest number of
votes will be declared the
winner provided they get the
majority votes of the total
votes cast
Who will participate in the run
off?
The unions receiving the highest
and second highest number of votes
cast.
RUN-OFF ELECTION:
Re Run Election vs. Run off

Election
RE RUN ELECTION
RUN OFF
ELECTION
A run-off election is proper if the

following conditions exist namely:
Held
in
instances:
(a) a VALID ELECTION took

place because majority of the
Collective
Bargaining
Unit
members
voted
[FIRST
MAJORITY];
(b) the
said
election
presented at least THREE
CHOICES, e.g., Union One,
Union Two, and No Union (Take
Note: No Union shall not be a
choice in the run off
election);
(c) NOT ONE OF THE
CHOICES
OBTAINED
THE
MAJORITY
(50%+1-SECOND
MAJORITY) of the valid votes
cast;
LABOR LAW COMMITTEE
two
1. if one choice
receives
a
plurality of vote
and
the
remaining
choices results
in a tie;
2. if all choices
received
the
same number of
votes;
In
both
instances,
the
NO UNION is also
a choice
Conducted
when
none
of
the
choices, including
the choice of No
Union, receives a
majority of the
valid vote cast.
This
presupposes
no less than three
competing choices.
In this situation, an
election
is
conducted between
the union choices
receiving
the
largest and the
second
largest
number of the valid
votes cast.
RULES WHICH PREVENT THE HOLDING

OF A CERTIFICATION ELECTION [DONC]:
1. Deadlock bar rule- when there
is a deadlock in collective bargaining and
the same has been submitted to NCMB
for conciliation and mediation the same
44
MEMORY AID
bars any petition or conduct

certification election.
2. One year bar rule
3. Negotiation bar rule
4. Contract bar rule
of
1. CONTRACT-BAR RULE - while a valid

and registered CBA of a fixed duration is
subsisting, the BLR is not allowed to hold
an election contesting the majority
status of the incumbent union during the
five year term of the CBA except during
the sixty day period immediately prior to
the expiration of the CBA.
REQUIREMENTS IN ORDER TO INVOKE
CONTRACT-BAR RULE:
1. Agreement is in WRITING AND
SIGNED by all contracting parties.
2. It must contain THE TERMS AND
CONDITIONS of employment.
3. Covered employees in an appropriate
bargaining unit [ABU EES COVERED].
4. It is for a REASONABLE PERIOD or
duration.
5. It must be RATIFIED.
6. It must be REGISTERED with the
Bureau.
7. The violation of the contract bar rule
or the existence of a duly registered
CBA must be specifically IMPLEADED
AS A DEFENSE.
EFFECT OF AN INVALID AND

UNREGISTERED CBA- there is no bar and
therefore a certification election may be
held.
NOTE: Registration of CBA only puts into
effect the contract bar rule but the CBA
itself is valid and binding even if
unregistered.
EXCEPTIONS TO THE CONTRACT-BAR
RULE:
IN
LABOR LAW
entering into a CBA until the issue of

representation is resolved
7. Petition is filed during the 60-day
freedom period
SUCCESSOR-IN-INTEREST DOCTRINE
When an employer with an existing CBA
is succeeded by another employer, the
successor-in-interest who is a buyer in
good faith has no liability to the
employees in continuing employment
and the collective bargaining agreement
because these contracts are in personam
EXCEPT:
a. when the successor-in-interest
expressly assumes the obligation or
b.
the sale is a device to
circumvent the obligation or
c. the sale or transfer is made in
bad faith
SUBSTITUTIONARY DOCTRINE where
there occurs a shift in the employees
union allegiance after the execution of a
collective bargaining contract with the
employer, the employees can change
their agent (the labor union) but the
collective bargaining contract which is
still subsisting continues to bind the
employees up to its expiration date.
They may, however, bargain for the
shortening of said expiration date.
The employees cannot revoke

the validly executed collective
bargaining contract with their
employer
by
the
simple
expedient of changing their
bargaining agent.
The new
agent must respect the contract.
(Benguet Consolidated, Inc. vs.
Employees and Workers UnionPAFLU)
1. CBA is not registered

2. CBA deregistered
3. CBA was hastily concluded way
ahead of the freedom period
4. CBA is incomplete in itself
5. CBA does not foster industrial peace
because of schism
6. CBA was concluded in violation of an
order enjoining the parties from
LABOR LAW COMMITTEE
45
MEMORY AID
LIMITATION AS TO ITS APPLICATION

it cannot be invoked to support the
contention that a newly certified
collective
bargaining
agent
automatically assumes all the personal
undertakings of the former agentlike
the no strike clause in the CBA
executed by the latter (Benguet
Consolidated Inc. vs. BCI Employees and
Workers Union-PAFLU).
EXAMPLES
BARGAINING:
INDICATIONS
OF
A
GENUINE
DEADLOCK:
1. the submission of the deadlock
to a
third party conciliator or
arbitrator
2. the deadlock is the subject of
a valid notice of strike or lockout
3. NEGOTIATION BAR RULE - a petition
for certification election cannot be
entertained if, before the filing of the
petition for certification election, the
duly recognized or certified union has
commenced negotiations with the
employer in accordance with Art. 250 of
the Labor Code.
4. CERTIFICATION YEAR RULE no
petition for certification election may be
filed within one year from the date of a
valid certification, consent, or run-off
election or from the date of voluntary
recognition
LABOR LAW
BAD
FAITH
1. Surface Bargaining occurs when

employer constantly changes its
positions over the agreement.
2. Boulwarism occurs:
a. when the employer directly
bargains
with
the
employee
disregarding the union.
2. DEADLOCK BAR RULE - a petition for

certification
election
cannot
be
entertained if, before the filing of the
petition for certification election, a
bargaining deadlock to which an
incumbent or certified bargaining agent
is a party, had been submitted to
conciliation or arbitration or had become
the subject of a valid notice of strike or
lockout.
DEADLOCK arises when there is an
impasse, which presupposes reasonable
effort at good faith bargaining which,
despite noble intentions, did not
conclude in an agreement between the
parties.
OF
IN
The aim was to deal with the

Union through the employees,
rather than with the employees
through the union.
b. Employer submits its proposals
and adopts a take it or leave it
stand.
This is not negotiation
because the take it or leave it stand
implies threat.
3.
Side Bar Technique
TITLE VII- A
(as incorporated by RA 6715)
GRIEVANCE MACHINERY AND
VOLUNTARY ARBITRATION
ART. 260. GRIEVANCE MACHINERY
AND VOLUNTARY ARBITRATION
GRIEVANCE MACHINERY - a mechanism
for the adjustment of controversies or
disputes arising from the interpretation
or implementation of the CBA and the
interpretation
or
enforcement
of
company personnel policies
GRIEVANCE - arises when a dispute or
controversy
arises
over
the
implementation or interpretation of a
CBA or from the implementation or
enforcement of company personnel
policies, and either the union or the
employer
invokes
the
grievance
machinery provision for the adjustment
or resolution of such dispute or
controversy.
NATURE OF GRIEVANCE PROCEDURE It is a must provision in any CBA and
LABOR LAW COMMITTEE
46
MEMORY AID
no collective agreement can be

registered in the absence of such
procedure.
It is a part of the continuous
process of collective bargaining intended
to promote a friendly dialogue between
labor and management as a means of
maintaining industrial peace.
VOLUNTARY
ARBITRATION
contractual proceedings where parties to
a dispute select a judge of their own
choice and by consent submit their
controversy to him for determination.
All grievances not settled within 7
days from the date of its submission to
the
grievance
machinery
shall
automatically be referred voluntary
arbitration prescribed in the CBA.
Although
the
provision
mentions parties to a
collective
bargaining
agreement, it does not
mean that a grievance
machinery cannot be set up
in a CBA-less enterprise. In
any work place where
grievance can arise, a
grievance
machinery
(regardless of name) can be
established.
In a unionized company, Art.
255 allows an employee,
union member or not, to
raise a grievance directly to
the employer.
ARBITRATION MAY BE INITIATED BY:
1.
2.
SUBMISSION
AGREEMENT
where the parties define the

disputes to be resolved; or
DEMAND OR NOTICE invoking a
collective agreement
arbitration clause.
ART 261. JURISDICTION OF

VOLUNTARY ARBITRATORS OR PANEL
OF VOLUNTARY ARBITRATORS
JURISDICTION OF VOLUNTARY
ARBITRATORS:
LABOR LAW COMMITTEE
IN
LABOR LAW
1. EXCLUSIVE ORIGINAL JURISDICTION

CONFERRED BY LAW
a)All grievances arising from the
interpretation or implementation
of the CBA.
b) Those
arising
from
the
interpretation or enforcement of
company personnel polices.
c)Hear and decide wage distortion
issues
arising
from
the
application of any wage orders
in organized establishments.
d) Unresolved grievances arising
from the interpretation and
implementation
of
the
productivity incentive programs
under RA 6071 .
It is the labor arbiter and not the

grievance machinery which has
jurisdiction over dismissals pursuant
to the union security clause.
violations of CBA, except those
which are gross in character, shall no
longer be treated as ULP and shall
be resolved as grievances.
GROSS VIOLATION flagrant and/or

malicious refusal to comply with the
economic provisions of the CBA.
2. JURISDICTION BY AGREEMENT OF
THE PARTIES (Art. 262)
-all other disputes including ULP
and bargaining deadlocks
The disputes the parties may
submit to a Voluntary Arbitrator
can include any or all the
disputes mentioned in Art. 217
which otherwise fall under the
exclusive jurisdiction of a labor
arbiter.
Voluntary arbitration may be
viewed as a master procedure to
prevent or resolve labor disputes
GROUNDS FOR JUDICIAL REVIEW OF
DECISIONS
OF
VOLUNTARY
ARBITRATORS:
1. Lack of jurisdiction
2. Grave abuse of discretion
3. Violation of due process
47
MEMORY AID
4. Denial of substantial justice

5. Erroneous interpretation of the law
A voluntary arbitrator is a
quasi-judicial instrumentality (Sec 9
BP129 as amended by RA 7902);
hence, a petition for certiorari under
Rule 65 of the Rules of Court will lie
where a grave abuse of discretion or
an act without or in excess of
jurisdiction
of
the
voluntary
arbitrator is shown, which may be
filed with the Court of Appeals.
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
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:
it is the most
effective weapon of labor in protecting
the rights of employees to improve the
terms
and
conditions
of
their
employment.
Government employees may form
labor unions but are not allowed to
strike.
Only
legitimate
labor
organizations are given the right to
strike.
Ununionized workers may hold a

protest action but not a strike
Not all concerted activities are

strikes; they may only be protest
actions. And they do not necessarily
cause work stoppage by the
protesters. A strike, in contrast, is
always a group action accompanied
by work stoppage.
LOCKOUT - means the temporary
refusal of an employer to furnish work as
a result of an industrial or labor dispute.
LABOR LAW COMMITTEE
IN
LABOR LAW
PICKETING - the act marching to

and fro the employers premises, usually
accompanied by the display of placards
and other signs making known the facts
involved in a labor dispute. This is an
exercise of ones freedom of speech.
STRIKE-BREAKER - any person who
obstructs, impedes or interferes by
force, violence, coercion, threats or
intimidation with any peaceful picketing
by
employees
during
any
labor
controversy affecting wages, hour or
conditions of work or in the exercise of
the right to self organization or
collective bargaining
STRIKE AREA the establishment,
warehouse, depots, plants or offices,
including the sites or premises used as
runaway shops of the employer struck
against, as well as the immediate
vicinity actually used by picketing
strikers in moving to an fro before all
points of entrance to and exit from said
establishment
SOME EXAMPLES OF STRIKES AND
THEIR VALIDITY
A.
SIT-DOWN
STRIKE
is
characterized by a temporary work
stoppage of workers who thereupon
seize or occupy property of the employer
or refuse to vacate the premises of the
employer.
ILLEGAL- amounts to a
criminal act because the employees
trespass on the premises of the
employer.
B. WILDCAT STRIKE- is a work stoppage
that violates the labor contract and is
not authorized by the union. ILLEGAL- It
is not valid because it fails to comply
with certain requirements of the law, to
wit: notice of strike, vote, and report on
strike vote.
C. SYMPATHETIC STRIKES- are work
stoppages of workers of one company to
make common cause with other strikers
of other companies, without demands or
grievances of their own against the
employer. ILLEGAL - because there is no
labor dispute between the workers who
are joining the strikers and the latters
employer.
D. SECONDARY STRIKES- are work
stoppages of workers of one company to
exert pressure on their employer so that
the latter will in turn bring pressure
48
MEMORY AID
upon the employer of another company

with whom another union has a labor
dispute. ILLEGAL- because there is no
labor dispute involved.
IS A WELGA NG BAYAN LEGAL?
NO. A welga ng bayan is illegal
because it is a political strike and
therefore there is neither a bargaining
deadlock nor any ULP. It is a political
rally.
GROUNDS FOR THE DECLARATION
OF STRIKE:
1. deadlock in collective bargaining
(ECONOMIC); and/or
- Notice of strike
and
strike
vote
maybe
dispensed
with.
They
may
strike immediately.
ECONOMIC STRIKE
LABOR LAW COMMITTEE
LABOR LAW
ban.
D. EXCEPTION TO THE COOLING-OFF
PERIOD
- No exception - the cooling off
period
may
be
mandatory.
2. unfair labor practices (POLITICAL)

ULP STRIKE
[POLITICAL]
A. NATURE
- A voluntary strike - An involuntary
because
the strike; the labor
employee
will organization
is
declare a strike to forced to go on
compel management strike because of
to grant its demands. 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
stage a strike.
B. INITIATED BY:
The
collective - either
bargaining agent of a.
Collective
the
appropriate bargaining agent
bargaining unit can or
declare an economic b. the legitimate
strike.
labor organization
in behalf of its
members
C. COOLING OFF PERIOD
-30 days from the
filing of the notice of
strike before the -15 days from the
intended date of filing
of
the
actual strike subject notice of strike.
to the 7-day strike
IN
dispensed with, and

the union may take
immediate action in
case of dismissal
from employment of
their officers duly
elected
in
accordance with the
unions Constitution
and By-laws, which
may
constitute
union
busting
where
the
existence of the
union
is
threatened.
- BUT it must still
observe
the
mandatory
7-day
period before it
can stage a valid
strike.
E. STRIKE DURATION PAY IN CASE OF A

LEGAL STRIKE
- not entitled to said
pay based on the
principle that a fair
days wage accrues
only for a fair days
labor
- may be awarded
the said paid in the
discretion of the
authority deciding
the case.
CHARACTERISTICS OF STRIKES:
1. there must be an established
relationship between the strikers and
the person/s against whom the strike is
called
2. the relationship must be one of
employer and employee
3.
the existence of a dispute
between the parties and the utilization
by labor of the weapon of concerted
refusal to work as a means of persuading
or coercing compliance with the working
mens demands
4. the contention advanced by the
workers that although the work ceases,
the employment relation is deemed to
continue albeit in a state of belligerent
suspension
5. there is work stoppage, which
stoppage is temporary
49
MEMORY AID
6.
the work stoppage is done
through the concerted action of the
employees
7. the striking group is a legitimate
labor organization, and in case of
bargaining deadlock, is the employees
sole bargaining representative.
TESTS IN DETERMINING THE
LEGALITY OF A STRIKE:
1. Purpose Test
2. Compliance with Procedural and
substantive requirements of law
3. Means employed test
1. PURPOSE TEST - The strike must be
due to either
- bargaining deadlock and/or
- unfair labor practice.
2. COMPLIANCE WITH PROCEDURAL &
SUBSTANTIVE REQUIREMENTS OF
LAW to wit (a-d):
a. notice of strike
b. 30/15-day cooling-off period
before
the intended date of actual
strike subject to the 7-day strike ban.
COOLING OFF PERIOD - that period
of time given the NCMB to mediate and
conciliate the parties.
It is that span of time
allotted by law for the
parties
to
settle
theirdisputes in a peaceful
manner, before staging a
strike or lockout.
c. strike vote
STRIKE VOTE - a requirement
wherein the decision to declare a strike
must be:
1. approved by a MAJORITY of the
total union membership in the
bargaining unit concerned [not
of the whole bargaining unit],
2. obtained by SECRET BALLOT
in
MEETINGS
OR
REFERENDA called for the
purpose.
PURPOSE OF A STRIKE VOTE: - to
ensure that the intended strike is a
majority decision
LABOR LAW COMMITTEE
IN
LABOR LAW
The report on the strike

vote must be submitted to the
DOLE at least 7 days before
the intended strike subject to
the cooling-off period.
d. 7-day strike ban

7-DAY STRIKE BAN it is the 7 day
waiting period before the date of the
purported strike [within which the union
intending to conduct a strike must at
least submit a report to the Department
as to the result of the strike vote]
intended to give the Department an
opportunity TO VERIFY whether the
projected strike really carries the
imprimatur of the majority of the union
members in addition to the cooling off
period before actual strike.
3. MEANS EMPLOYED TEST-A strike
may be legal at its inception but
eventually be declared illegal if the
strike is accompanied by violence
which violence is widespread,
pervasive and adopted as a matter of
policy and not merely violence which
is sporadic which normally occur in a
strike area [see prohibited activities
under art. 264].
NOTE: The 3 tests must concur.
Non-compliance with any of the
aforementioned requisites renders the
strike illegal.
EFFECT OF GOOD FAITH OF
STRIKERS ON LEGALITY OF STRIKE - A
strike may be considered legal where the
union believed that the company
committed ULP and the circumstances
warranted such belief in good faith,
although subsequently such allegations
of ULP are found out as not true. (Bacus
vs. Ople)
TOTALITY DOCTRINE - the
culpability of an employers remarks are
to be evaluated not only on the basis of
their implicit implications but are to be
appraised against the background of and
in
conjunction
with
collateral
circumstances.
50
MEMORY AID
Under this doctrine expressions

of opinion by an employer which, though
innocent in themselves, frequently were
held to be culpable because:
NOTE:
What
constitutes
indispensable industry is based solely
upon the discretion of the Secretary of
Labor.
EFFECTS OF THE ASSUMPTION OF
JURISDICTION OF THE SECRETARY
2. if one has already taken place at

the
time
of
assumption
or
certification, all striking or lockedout employees shall IMMEDIATELY
RETURN TO WORK; and
3. the employer shall immediately
resume operations and READMIT ALL
WORKERS under the same terms and
conditions prevailing before the
strike or lockout.
A motion for reconsideration

does not suspend the effects as the
assumption order is immediately
executory.
LABOR LAW COMMITTEE
LABOR LAW
ISSUES THAT THE SECRETARY OF

LABOR CAN RESOLVE WHEN HE
ASSUMES JURISDICTION OVER A LABOR
DISPUTE:
a. of the circumstances
under which they were uttered
b. the history of the particular
employers labor relations of
anti-union bias or
c. because of their connection
with an established collateral
plan of coercion or interference.
WHEN CAN THE SEC. OF LABOR
ASSUME JURISDICTION OVER A STRIKE?
1.there exists a labor dispute causing or
likely to cause a strike or lockout in a
INDUSTRY INDISPENSABLE TO THE
NATIONAL INTEREST,
2.the
Secretary
of
Labor
and
Employment may:
a. decide it, or
b. certify the same to the NLRC for
COMPULSORY ARBITRATION.
1. AUTOMATICALLY
ENJOINS
the
intended or impending strike or
lockout
as specified in the
assumption or certification order;
IN
c.
Only issues submitted to the

Secretary may be resolved by him.
(PAL vs. Sec. of Labor, 23 January
1991).
d.
Issues submitted to the Secretary

for resolution and such issues
involved in the labor dispute itself.
(St. Scholasticas College vs.
Torres; 29 June 1992)
e.
Secretary of Labor may subsume

pending labor cases before Labor
Arbiters which are involved in the
dispute and decide even issues
falling under the exclusive and
original jurisdiction of labor
arbiters such as the declaration of
legality or illegality of strike.
(Intl Pharmaceuticals vs. Sec of
Labor; 09 January 1992).
f.
Power of Sec. of Labor is plenary

and discretionary. (St. Lukes
Medical Center vs. Torres; 29 June
1993; reiterated in PAL vs.
Confesor; 10 March 1994).
IN CASE THE STRIKE IS DECLARED

LEGAL, ARE THE STRIKERS ENTITLED
TO STRIKE DURATION PAY?
GENERAL RULE: Strikers are not
entitled to their wages during the period
of a strike, even if the strike is legal.
EXCEPTIONS:
1.
In case of a ULP STRIKE, in the

discretion of the authority deciding
the case [see table for more
distinction bet. Economic and ULP
strike]
2.
Where the strikers VOLUNTARILY

AND UNCONDITIONALLY OFFERED
TO RETURN TO WORK, but the
employer refused to accept the
offer [e.g. of an unconditional
offer: we will return tomorrow
51
MEMORY AID
and NOT
provided]
willing
to
return
They are entitled to backwages from

the date the offer was made
3.
Where there is RETURN-TO-WORK

ORDER and the
employees are
discriminated against.
-
They are entitled to backwages

from the date of discrimination.
RULE ON REINSTATEMENT OF
STRIKING WORKERS:
GENERAL RULE : Striking employees
are entitled to reinstatement, regardless
of whether or not the strike was the
consequence of the employers ULP
REASON: because while out on
strike, the strikers are not considered to
have abandoned their employment, but
rather have only ceased from their labor.
The declaration of a strike is

NOT
a
renunciation
of
employment relation.
EXCEPTIONS - The following strikers

are NOT entitled to reinstatement:
1. Union officers who knowingly
participate in an illegal strike; and
2. any striker/union member who
knowingly
participates
in
the
commission of illegal acts during the
strike.
Those union members who

joined an illegal strike but have
not committed any illegal act
shall be reinstated but without
any backwages.
RULE 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 lockout.
2. SECRETARY
OF
LABOR
MAY
IMMEDIATELY ASSUME JURISDICTION
LABOR LAW COMMITTEE
IN
LABOR LAW
WITHIN
24
HOURS
FROM
KNOWLEDGE of the occurrence of
such strike or lock-out or certify it to
the Commission for compulsory
arbitration.
ART.
ACTIVITIES
264.
PROHIBITED
LABOR ORGANIZATIONS
1. No labor organization or employer
shall declare a strike or lockout
without
first
having
bargained
collectively
in
accordance with Title VII of
this Book or
without first having filed

the notice required in Art. 263
or
without
the
necessary
strike or lockout vote first
having been obtained and
reported to the Department.
NO strike or
declared:
lockout
shall
be
a. AFTER
assumption
of
jurisdiction by the President
or the Secretary or
b. AFTER
certification
or
submission of the dispute to
compulsory or voluntary
arbitration or
c. DURING the pendency of
cases involving the same
grounds for the strike or
lockout.
THIRD PERSONS
2. NO person [3rd persons] all obstruct,
impede or interfere with by force,
violence,
coercion,
threats
or
intimidation
any peaceful picketing by
employees
52
MEMORY AID
during
any
labor
controversy or in the
exercise of the right of selforganization or collective
bargaining or
shall aid or abet such
obstruction or interference.
EMPLOYERS
3.
IN
LABOR LAW
a. commit any act of violence,

coercion or intimidation or
b. obstruct the free ingress to or
egress from the employers premises
for lawful purposes,or
c. obstruct public thoroughfares
ART. 265. IMPROVED OFFER vs.
REDUCED OFFER BALLOTING
NO employer shall use or employ

any STRIKE-BREAKER nor shall any
person
be
employed
as
a
strikebreaker.
PUBLIC OFFICIAL OR EMPLOYEE
4.
NO public official or employee,

including officers and personnel of
the New Armed Forces of the
Philippines of the Integrated
National Police, or armed persons,
shall bring in, introduce or

escort in any manner, any
individual who seeks to
replace strikes in entering
or leaving the premises of a
strike area, or work in place
of the strikers.
The police force shall keep

out of the picket lines
unless actual violence or
other criminal acts occur
therein:
Provided, That nothing herein shall

be interpreted to prevent any public
officers from taking any measure
necessary to:
a. maintain peace and order,
b.
and/or
protect life and property,
c.
enforce the law and legal
order.
PERSONS ENGAGED IN PICKETING
NO person engaged in PICKETING shall:
LABOR LAW COMMITTEE
53
MEMORY AID
ART. 266. ARREST AND DETENTION
General rule is that a police officer
cannot arrest or detain a union

member for union activities without
previous consultations with the
Secretary of Labor EXCEPT on
grounds of:
a.
national security
b.
public peace
c.
commission of a crime
BOOK SIX
POST EMPLOYMENT
TITLE I
TERMINATION OF
EMPLOYMENT
ART. 279. SECURITY OF TENURE
SECURITY OF TENURE - 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.
RELIEFS
AVAILABLE
TO
AN
ILLEGALLY DISMISSED EMPLOYEE:
A. REINSTATEMENT - Restoration of
the employee to the state from which he
has been unjustly removed or separated
without loss of seniority rights and other
privileges.
FORMS OF REINSTATEMENT:
ACTUAL OR PHYSICAL REINSTATEMENT
- the employee shall be admitted
back to work
2. PAYROLL REINSTATEMENT
- the employee is merely reinstated
in the payroll.
1.
May
a
court
order
the
reinstatement
of
a
dismissed
employee even if the prayer of the
complaint did not include such relief?
YES. So long as there is a finding
that the employee was illegally
LABOR LAW COMMITTEE
IN
LABOR LAW
dismissed, the court can order the

reinstatement of an employee even if
the complaint does not include a prayer
for reinstatement, unless, of course, the
employee has waived his right to
reinstatement. By law, an employee who
is unjustly dismissed is entitled to
reinstatement, among others. The mere
fact that the complaint did not pray for
reinstatement will not prejudice the
employee, because technicalities of law
and procedure are frowned upon in labor
proceedings (General Baptist Bible
College v. NLRC; 219 SCRA 549).
What happens if there is an order
of reinstatement but the position is no
longer available?
The employee should be given a
SUBSTANTIALLY EQUIVALENT POSITION. If
NO
SUBSTANTIALLY
EQUIVALENT
POSITION IS AVAILABLE, reinstatement
should not be ordered because that
would in effect compel the employer to
do the impossible. In such a situation,
the employee should merely be given
SEPARATION PAY CONSISTING OF ONE
MONTH SALARY FOR EVERY YEAR OF
SERVICE (1:1).
CIRCUMSTANCES WHEN COMPANY
MAY NOT REINSTATE DESPITE ORDER OF
REINSTATEMENT
1. TRANSFER OF BUSINESS OWNERSHIP
-There is no law requiring a
purchasing corporation to absorb the
employees of the selling corporation.
A fortiori, reinstatement of unjustly
dismissed employees CANNOT be
enforced against the new owner
UNLESS there
is an express
agreement on the assumption of
liabilities
by
the
purchasing
corporation;
2. When reinstatement is rendered
IMPOSSIBLE due to the abolition of
the position;
3. When the business has CLOSED
DOWN;
4. PHYSICAL INCAPACITY
of
the
employee; and
5. DOCTRINE OF STRAINED RELATIONS
- When the employer can no longer
trust the employee and vice-versa,
reinstatement could not effectively
serve as a remedy. This doctrine only
54
MEMORY AID
applies only to positions which

require trust and confidence
- Under the circumstances
where
the
employment
relationship has become so
strained
to
preclude
a
harmonious
working
relationship, and that all hopes
at reconciliation are nil after
reinstatement, it would be
more beneficial to accord the
employee
backwages
and
separation pay.
B. BACKWAGES the relief given to
an employee to compensate him for lost
earnings during the period of his
dismissal.
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
HOW COMPUTED - Under existing
law, backwages is computed from the
time of the illegal dismissal up to time of
actual reinstatement.
INCLUDED IN THE COMPUTATION
OF BACKWAGES
1. transportation
and
emergency
allowances
2. vacation or service incentive leave
and sick leave
3. 13th month pay.
NOTE: facilities such as uniforms,
shoes, helmets and ponchos should NOT
be included in the computation of
backwages.
REASON: said items are given free,
to be used only during official tour of
duty not for private or personal use.
CIRCUMSTANCES THAT PREVENT
AWARD OF BACKWAGES:
1. death of the employee
2. physical and mental incapacity
3. business reverses
4. closure of business
5. reinstatement of dismissed employee
confinement in jail
LABOR LAW COMMITTEE
IN
LABOR LAW
Which
takes
precedence
in
conflicts arising between employers
MANAGEMENT PREROGATIVE and the
employees right to security of tenure?
The employees right to security
of tenure. Thus,
an employers
management prerogative includes the
right to terminate the services of the
employee
but
this
management
prerogative is limited by the Labor Code
which provides that the employer can
terminate an employee only for a just
cause or when authorized by law. This
limitation is because no less than the
constitution recognizes and guarantees
employees right to security of tenure.
(Art. 279, Labor Code; Art. XIII, Sec. 3,
Constitution)
ART. 280. REGULAR AND CASUAL
EMPLOYMENT
REGULAR EMPLOYMENT - one wherein
an employee is engaged to perform
activities which are usually necessary or
desirable in the usual business or trade
of the employer.
- He is a regular employee at the point
of hiring.
Test of
employment.
regularity:
nature
of
CASUAL EMPLOYMENT one wherein an

employee is engaged to perform
activities which are not necessary or
desirable in the usual trade or business
of the employer.
- becomes a regular employee after
one (1) year of service.
REGULAR EMPLOYEE
VS.
PROJECT EMPLOYEE
PROJECT
EMPLOYEE
REGULAR
EMPLOYEE
A project employee is
one
whose
employment is fixed
for a specific project
or undertaking the
completion of which
has been determined
at the time of the
engagement of the
employee. (See Art.
280 LC)
A
regular
employee
is
one
engaged to perform
activities which are
usually necessary or
desirable in the usual
business or trade of
the employer
55
MEMORY AID
TEMPORARY EMPLOYMENT OR
EMPLOYMENT FOR A FIXED SPECIFIC
PERIOD - one wherein an employee is
engaged to work on a specific project or
undertaking which is usually necessary or
desirable in the usual business or trade
of the employer, the completion of
which has been determined at the time
of the engagement of the employee.
- He does not become a regular
employee. The employment is
coterminous with the specific
period.
SEASONAL EMPLOYMENT - one
wherein an employee is engaged to work
during a particular season on an activity
that is usually necessary or desirable in
the usual business or trade of the
employer.
Pakiao employees are considered
employees as long as the
employer exercises control over
the means by which such
workers are to perform their
work.
Employee is considered an
regular employee insofar as the
season to which he was
employed is concerned.
- during the off-season his
employment
is
merely
suspended not terminated
(Phil. Tobacco Flue Curring and
Drying Corp. vs. NLRC).
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 the period during which the
employer may determine if the
employee is qualified for possible
inclusion in the regular force.
PURPOSE: To afford the employer an
opportunity to observe the fitness of a
probationary employee at work.
NOTE:The standard which the
probationary employee is to meet must
be made known by the employer to the
employee at the time of engagement.
LABOR LAW COMMITTEE
IN
LABOR LAW
The services of probationary employees

may be terminated for the same causes
as in the case of regular employee,
except that there is an additional ground
failure to meet the standard.
LIMITATIONS ON THE EMPLOYERS
POWER TO TERMINATE A PROBATIONARY
EMPLOYMENT CONTRACT:
1. the power must be exercised in
accordance with the specific
requirements of the contract
[COMPLIANCE
WITH
SPECIFIC
REQUIREMENTS];
2.if a particular time is prescribed,
the termination must be within
such time and if formal notice is
required, then that form must be
used
[WITHIN
PARTICULAR
PRESCRIBED TIME];
3.the employers dissatisfaction must
be real and in good faith, not
feigned so as to circumvent the
contract
or
the
law
[DISSATISFACTIONREAL AND IN
GOOD FAITH]; and
4.there must BE NO UNLAWFUL
DISCRIMINATION in the dismissal.
GENERAL
RULE:
Probationary
employment shall not exceed six months
from the date the employee started
working.
EXCEPTIONS:
1.
when it is covered by an
apprenticeship agreement stipulating a
longer period; or
2. when the parties to an
employment contract agree otherwise,
such as when the same is established by
company policy or when the same is
required by the nature of the work to be
performed by the employee
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 becomes a regular
employee by operation of law.
Under the Labor Code, an
employee who is allowed to work after a
56
MEMORY AID
IN
LABOR LAW
probationary period shall be considered

a regular employee. (Art. 281.)
ART. 282. TERMINATION BY
EMPLOYER
his duly authorized representative;

and
Conviction or prosecution is not
required.
SECURITY OF TENURE - An
employer
CANNOT
terminate
the
services of an employee EXCEPT for a
just cause or when authorized by law.
GUIDELINES TO DETERMINE THE
VALIDITY OF TERMINATION:
1. Gravity of the offense
2. Position
occupied
by
the
employee
3. Degree of damage to the
employer
4. Previous infractions of the same
offense
5. Length of service
5. Other causes ANALOGOUS to the

foregoing.
A cause must be due to the
voluntary or willful act or
omission of the employee.
(Nadura
v.
Benguet
Consolidated; G.R. No. L-17780)
A. JUST CAUSES [MaNaBaCA]:

1. Serious MISCONDUCT OR WILLFUL
DISOBEDIENCE by the employee of
the lawful orders of his employer or
representative in connection with his
work;
Misconduct- transgression of
some established and definite
rule of action, a forbidden act, a
dereliction of duty, willful in
character, and implies wrongful
intent and not mere error in
judgment. (Dept. of Labor
Manual, Sec. 4353.01)
2. Gross and habitual NEGLECT by the
employee of his duties; (Repeated
absenteeism and tardiness)
3. FRAUD OR WILLFUL BREACH by the
employee of the trust reposed in him
by his employer or duly organized
representative
Fraud must be committed
against the employer or his
representative and in connection
with the employees work.
((Dept. of Labor Manual, Sec.
4353.01 [3])
4. Commission of a CRIME OR OFFENSE
BY THE EMPLOYEE AGAINST THE
PERSON OF HIS EMPLOYER or any
immediate member of his family or
LABOR LAW COMMITTEE
DUE PROCESS TO BE OBSERVED

BY THE EMPLOYER - For termination of
the employment based on the any of the
just causes for termination, the
requirements of due process that an
employer must comply with are: (TWIN
NOTICES)
1. Written NOTICE should be served
to the employee specifying the
ground or grounds for termination
and giving the said employee
reasonable
opportunity within
which to explain;
2. A HEARING OR CONFERENCE
should be held during which the
employee concerned, with the
assistance of counsel, if the
employee so desires, is given the
opportunity to respond to the
charge, present his evidence and
present the evidence presented
against him;
3.
A
WRITTEN
NOTICE
OF
TERMINATION, if termination is
the decision of the employer,
should be served on the employee
indicating
that
upon
due
consideration
of
all
the
circumstances, grounds have been
established
to
justify
his
termination.
For
termination
of
employment
based
on
authorized
causes,
the
requirements of due process
shall be deemed complied with
upon service of a written notice
to the employee and the
appropriate Regional office of
the Department of Labor and
employment at least thirty days
57
MEMORY AID
before the effectivity of the

termination
specifying
the
grounds for termination.
NOTE: Under the so-called WENPHIL
DOCTRINE if the services of the
employee was terminated due to a just
or authorized cause but the affected
employees right to due process has been
violated, the dismissal is legal but the
employee is entitled to damages by way
of indemnification for the violation of
the right.
SERRANO vs. ISETANN et. al.

abandoned
the
WENPHIL
DOCTRINE and ruled that if the
employee is dismissed under
just or authorized cause but the
affected employees right to
due process has been violated,
his
dismissal
becomes
ineffectual.
Therefore,
the
employee
is
entitled
to
backwages from the time he was
dismissed
until
the
determination of the justness of
the cause of the dismissal.
AGABON vs. NLRC (Nov. 17,
2004) abandoned the Serrano
doctrine and REINSTATED THE
WENPHIL DOCTRINE.
The
sanctions, however must be
stiffer than that imposed in
Wenphil.
PREVENTIVE SUSPENSION when

there is an imminent threat to the lives
and properties of the employer, his
family and representatives as well as the
offenders co-workers by the continued
service of the employee then he may be
placed under preventive suspension
pending his investigation, leading to
termination.
preventive suspension should not

last for more than thirty (30)
days. The employee should be
made to resume his work after
30 days.
it can be extended provided the

employees wages are paid after the
30 day period.
LABOR LAW COMMITTEE
IN
LABOR LAW
ARTS. 283-284.
B.
AUTHORIZED
CAUSES
TERMINATION BY THE EMPLOYER:
OF
1. installation of labor-saving devices

(AUTOMATION)
2. REDUNDANCY (superfluity in the

performance of a particular work)
redundancy, for purposes of the

Labor Code, exists where the
services of an employee are in
excess of what is reasonably
demanded
by
the
actual
requirements of the enterprise.
(Wishire File Co. Inc. vs. NLRC)
Reorganization as a cost-saving
device
is
acknowledged
by
jurisprudence. An employer is not
precluded from adopting a new
policy conducive to a more
economical
and
effective
management, and the law does not
require that the employer should
be suffering financial losses before
he can terminate the services of
the employee on the ground of
redundancy (DOLE PHILIPPINES,
INC et al., vs. NATIONAL LABOR
RELATIONS COMMISSION et al.)
3. RETRENCHMENT to prevent losses

(there is excess of employees and
employer wants to prevent financial
losses)
CONDITIONS UNDER WHICH AN
EMPLOYER MAY RETRENCH:
(a) substantial losses which are not
merely de minimis in extent;
(b) imminence of such substantial
losses;
(c) retrenchment would effectively
prevent the expected and additional
losses;
(d) the alleged losses and expected
losses must be proven by sufficient and
convincing
evidence.
(NDC-GUTHRIE
PLANTATIONS, INC., vs. NATIONAL LABOR
RELATIONS COMMISSION, ET. AL)
58
MEMORY AID
4. closing or CESSATION OF OPERATION

of the establishment or undertaking
UNLESS the closing is for the purpose
of circumventing the provisions of
the Labor Code.
Automation
Redundancy
5. INSTALLATION of labor saving

devices(Automation, Robotics)
6. DISEASE
Retrenchment
a. the disease is incurable

within 6 months and the
continued employment of
the employee is prohibited
by law or prejudicial to his
health as well as to the
health of his co-employees
b. with a certification from
public heath officer that the
disease is incurable within 6
months
despite
due
medication and treatment.
Before an employer could

dismiss an employee based on a
disease, Section 8 of Rule 1, Book VI
of the Omnibus Rules Implementing
the
Labor
Code
requires
a
certification by a competent public
health authority that the disease is
of such a nature or at such stage
that it cannot be cured within a
period of 6 months even with proper
medical treatment. (Cathay Pacific
Airways vs. NLRC and Martha
Singson)
DISCRIMINATION IN ANY FORM
FROM PRE-EMPLOYMENT TO POSTEMPLOYMENT, INCLUDING HIRING,
PROMOTION OR ASSIGNMENT, BASED
ON THE ACTUAL, PERCEIVED OR
SUSPECTED HIV STATUS OF AN
INDIVIDUAL
IS
PROHIBITED.
TERMINATION FROM WORK ON THE
SOLE BASIS OF ACTUAL, PERCEIVED
OR SUSPECTED HIV STATUS IS DEEMED
UNLAWFUL.
(SEC. 35, RA 8504,
HIV/AIDS LAW)
CAUSE OF
TERMINATION
LABOR LAW COMMITTEE
SEPARATION PAY
Closures or
cessation
of
operations
not
due to serious
business losses or
financial reverses
Disease
IN
LABOR LAW
Equivalent to at
least one month pay or
at least one month pay
for every year of
service, whichever is
higher
Equivalent to at
least one month pay or
at least one month pay
for every year of
higher
Equivalent to one
month pay or at least
one-half month pay for
every year of service
Equivalent to one
month pay or at least
one-half month pay for
every year of service
(If due to severe
financial losses, no
separation pay due.)
Equivalent to at
least one-month salary
or to month salary
for every year of
greater, a fraction of at
least 6 months shall be
considered
one
(1)
whole year.
NOTE: ARTICLE 283 governs the

grant of separation benefits in case of
closures or cessation of operation of
business establishments NOT due to
serious business losses or cessation of
operation [North Davao Mining Corp. vs.
NLRC, et al]. Therefore, the employee
is not entitled to such benefit if the
closure was due to SERIOUS BUSINESS
LOSSES.
When termination of employment
is brought by the failure of an employee
to meet the standards of the employer in
case of probationary employment, it
shall be sufficient that a written notice
is served the employee within a
reasonable time from the effective date
of termination.
When termination is brought about
by the completion of the contract or
59
MEMORY AID
phase thereof,
required
no
prior
notice
is
ART. 285. TERMINATION BY

EMPLOYEE
TERMINATION BY THE EMPLOYEE:
a. WITHOUT JUST CAUSE- by serving a
WRITTEN NOTICE on the employer at
least one month in advance. The
employer upon whom no such notice was
served may hold the employee liable for
damages.
b. WITH JUST CAUSE - An employee may
put an end to establish WITHOUT
SERVING ANY NOTICE on the employer
for any of the following just causes
[SUCA]:
1. SERIOUS
INSULT
by
the
employer or his representative
on the hour and person of the
employee;
2. Inhuman
and
UNBEARABLE
TREATMENT
accorded
the
employee by the employer or his
representative;
3. Commission of a CRIME OR
OFFENSE by the employer or his
representative
against
the
person of the employee or any of
the immediate members of his
family; and
4. Other causes ANALOGOUS to any
of the foregoing.
IN
LABOR LAW
age, who has served at least 5 years in

said establishment.
The rule is different with respect
to underground mining employees
whose optional retirement age is
50-60 provided they have at least
served for a period of 5 years (Art.
287 as amended by RA 8558).
BENEFITSA retiree is entitled to
a retirement pay equivalent to at least
month salary for every year of service,
a fraction of at least six (6) months
being considered as one whole year.
Unless the parties provide for
broader inclusions, the term one half
(1/2) month salary shall mean:
15 days plus 1/12 of the 13 th month
pay and
the cash equivalent of NOT more
than 5 days of service incentive
leaves.
(22.5 days per year of service)
Under Section 26, R.A. No. 4670,
otherwise known as the Magna Carta for
Public School Teachers, public school
teachers having fulfilled the age and
service requirements of the applicable
retirement laws shall be given ONE
RANGE SALARY RAISE upon retirement,
which shall be the basis of the
computation of the lump sum of the
retirement pay and the monthly benefit
thereafter.
NOTE: Exempted from the payment
of retirement pay are retail, service and
agricultural establishments or operations
employing NOT more than ten (10)
employees or workers.
ART. 287. RETIREMENT

RETIREMENT AGE - The age of
retirement is that specified in the CBA or
in the employment contract. In the
absence of a retirement plan or
agreement providing for retirement
benefits
of
employees
in
an
establishment, an employee upon
reaching the age of 60 years or more,
but not beyond 65 years which is hereby
declared as the compulsory retirement
LABOR LAW COMMITTEE
Age
60-65
Retirement
Optional
but
the
employee must have served
at least 5 years
65
Compulsory (no need

for five years of service)
60
MEMORY AID
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
PRESCRIPTION
CLAIMS
TITLE II
OF OFFENSES
AND
IN
LABOR LAW
NOTE: The period of prescription

mentioned under 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.
VENUE: The Regional Arbitration Branch
where the workplace is located (NLRC
Rules of Procedure.
ART. 291. MONEY CLAIMS

PERIODS OF PRESCRIPTION
Cause
MONEY
CLAIMS
ULP
ILLEGAL
DISMISSAL
REINSTA
TEMENT
Period
of
Prescription
3 years from the
accrual of the causes of
action
1 year from the
accrual of the cause of
action
4 years from the
accrual of the cause of
action
4 years
LABOR LAW COMMITTEE
61
MEMORY AID
Appendices
SPECIAL LAWS
SOCIAL SECURITY SYSTEM
RA1161 as amended by RA 8282
COVERAGE:
Compulsory:
1. Compulsory upon all employees
not over 60 years of age and
their employers
2. In case of domestic helpers,
their monthly income should not
be less than one thousand pesos
Limitation: Sec. 9 (a)
a. Any benefit already earned
by the employees under
private benefit plans existing
at the time of the approval
of the Act shall not be
discontinued, reduced or
otherwise impaired
b. Private plans which are
existing and in force at the
time of compulsory coverage
shall be integrated with the
plan of the SSS in such a way
where
the
employers
contribution to his private
plan is more than that
required of him in this Act,
he shall pay to the SSS only
the contribution required of
him and he shall continue his
contribution to such private
plan less his contribution to
the SSS so that the
employers total contribution
to his benefit plan and and
to the SSS shall be the same
as his contribution to his
private benefit plan before
any compulsory coverage.
LABOR LAW COMMITTEE
IN
LABOR LAW
c. Any changes, adjustments,

modifications, eliminations
or improvements in the
benefits to be available
under the remaining private
plan,
which
may
be
necessary to adopt by reason
of the reduced contribution
thereto as a result of the
integration shall be subject
to agreements between the
employers
and
the
employees concerned
d. The private benefit plan
which the employer shall
continue for his employees
shall remain under the
employers managementand
control unless there is an
existing agreement to the
contrary.
e. Nothing in this Act shall be
construed as a limitation on
the right of employers and
employees to agree on and
adopt benefits which are
over
and
above
those
provided under this act
3. Compulsory upon such self- employed
persons as may be determined by the
Commission including but not limited to
the following (Sec 9-A): (APAPI)
1. All
self
employed
professionals
2. Partners
and
single
proprietors
3. Actors
and
actresses
directors, scriptwriters and
news correspondents who do
not fall within the definition
of the term employee in
Section 8 (d) of this Act
4. Professional
athletes,
coaches,
trainers,
and
jockeys
5. Individual
farmers
and
fishermen
Voluntary:
1. Spouses who devote full time to
managing the household and
family affairs, unless they are
also engaged in other vocation or
employment which is subject to
62
MEMORY AID
mandatory coverage, may be

covered by the SSS on a
voluntary basis.
2. Filipinos recruited by foreign
based employers for employment
abroad may be covered by the
SSS on a voluntary basis
3. Employees
separated
from
employment may continue to
pay contributions to maintain his
right to full benefits (Sec. 11)
4. Self-employed with no income
(11-A)
BY AGREEMENT:
Any foreign government,
international organization, or their
wholly-owned instrumentality employing
workers in the Philippines, may enter
into an agreement with the Philippine
government for the inclusion of such
employees in the SSS except those
already covered by their respective civil
service retirement systems (Sec.8 (j (4)).
EXCLUDED EMPLOYMENT (SEC. 8 (J)):
1. Employment purely casual and not
for the purpose of occupation or
business of the employer
2. Service performed on or in
connection with an alien vessel by
an employee if he is employed when
such
vessel
is
outside
the
Philippines.
3. Service performed in the employ of
the Philippine government or
instrumentality or agency thereof.
4. Service performed in the employ of
a foreign government, international
organization, or their wholly owned
instrumentality;
5. Services performed by temporary
employees, which may be excluded
by regulation of the commission.
EFFECTIVE DATE OF COVERAGE:
1. Employer: It shall take effect on
the first day of his operation
2. Employee: On the day of his
employment
3. Self-employed: It shall take
effect upon his registration with
SSS
LABOR LAW COMMITTEE
IN
LABOR LAW
Definition of Terms
EMPLOYER
Any person natural or juridical,
domestic or foreign, who carries on in
the Philippines, any trade business,
industry undertaking or activity of any
kind and uses the services of another
person who is under his orders as regards
the employment except the Government
and any of its political subdivisions,
branches or instrumentalities, including
corporations owned or controlled by the
Government
Self- employed person shall be
both the employer and employee at the
same time
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.
Self- employed person shall be
both the employer and employee at the
same time
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
self- support, physically and
mentally and
3. the parent who is receiving
regular
support
from
the
member
BENEFICIARIES
a.
The dependent spouse until he

or
she
remarries,
the
dependent
legitimate,
legitimated or legally adopted
63
MEMORY AID
b.
c.
d.
e.
and illegitimate children who

shall
be
the
primary
beneficiaries of the member
PROVIDED that the dependent
illegitimate children shall be
entitled to 50% of the share of
the legitimate, legitimated or
legally adopted children.
PROVIDED FURTHER in the
absence of the legitimated,
legally adopted or legitimate
children, illegitimate children
shall be entitled to 100% of
the benefits.
IN THEIR ABSENCE, the
dependent parents who shall
be
the
secondary
beneficiaries.
IN THE ABSENCE OF ALL of
the foregoing, any person
designated by the covered
employee
as
secondary
beneficiary.
Benefits
1. Monthly pension
2. Dependents pension
It shall be paid for each dependent
child conceived on or before the
date of the contingency but not
exceeding five, beginning with the
youngest
without
substitution
PROVIDED that where there are
legitimate and illegitimate children,
the former shall be preferred.
3. Retirement benefits
A member who has paid at least 120
monthly contributions prior to
the semester of retirement and
who:
a. has reached the age of
60 years and is already
separated
from
employment
or
has
ceased to be selfemployed
b. has reached the age of
65 years, shall be
entitled for as
A covered member who is 60 years
old not qualified under No. 1
shall still be entitled to
retirement benefits PROVIDED,
LABOR LAW COMMITTEE
IN
LABOR LAW
he
is
separated
from
employment
and
is
not
continuing
payment
of
contributions to the SSS on his
own.
SUSPENSION OF MONTHLY PENSION:
Upon the re-employment or
resumption of self-employment
of a retired employee who is
less than 65 years old.
4. Death Benefits
5. Permanent disability benefits
6. Funeral Benefit
A funeral grant equivalent to Twelve
thousand pesos (P12, 000.00) shall
be paid, in cash or in kind, to help
defray the cost of funeral expenses
upon the death of a member,
including
permanently
totally
disabled member or retiree.
7. Sickness benefit
Requirements:
a. A member must have paid at
least 3 monthly contributions
in the twelve month period
immediately preceding the
semester of sickness or injury
b. and is confined therefor for
more than three days in a
hospital or elsewhere with the
approval of the SSS
8. Maternity Leave Benefit
It shall be paid
to a female
employee who has paid at least 3
monthly contributions in the twelve
month period immediately preceding
the semester of her childbirth or
miscarriage PROVIDED:
a. That the employee shall have
notified her employer of her
pregnancy and the probable
date of her childbirth which
notice shall be transmitted to
the SSS.
b. The full payment shall be
advanced by the employer
within 30 days from the filing
of
the
maternity
leave
application
64
MEMORY AID
c.
d.
e.
f.
Payment of daily maternity

benefits shall be a bar to the
recovery of sickness benefits
The
maternity
benefits
provided under this section
shall be paid only for the first
4 deliveries or miscarriages
The SSS shall immediately
reimburse the employer 100%
of the benefits advanced by
the latter
If no contributions were
remitted by the employer or
no notice was given to SS, the
employer shall be liable for
damages equivalent to the
benefits which said employee
member would otherwise have
been entitled to.
Non-transferability of benefits (Sec.

15)
Such benefits are not transferable
and no power of attorney or other
document
executed
by
those
entitled thereto, in favor of any
agent, attorney or any other person
for the collection thereof on their
behalf shall be recognized, except
when they are physically unable to
collect personally such benefits.
Sources of Fund
1. Collection:
Beginning on the last day of the
month
when
an
employees
compulsory coverage takes effect
and every month thereafter during
his employment, his employer shall
pay the employers contribution and
shall deduct and withhold from such
employees monthly salary the
employees contribution.
The same time of collection for
self-employed
2. Remittance:
It shall be remitted within the first
10 days of each calendar month
following the month for which they
are applicable or within such time
as the Commission may prescribe.
For self-employed they shall
remit their contributions quarterly
on such dates and schedules as the
Commission may require.
LABOR LAW COMMITTEE
IN
LABOR LAW
(NOTE: SEE TABLE ON SOCIAL WELFARE

LEGISLATION FOR COMPARISON WITH
GSIS)
GOVERNMENT SERVICE
INSURANCE SYSTEM
RA 8291
COMPULSORY MEMBERSHIP (Sec. 3)
Compulsory for all employees (as
defined in Section 2 (d) of GSIS Law)
receiving compensation who have not
reached the compulsory retirement age,
irrespective of employment status,
EXCEPT MEMBERS OF THE ARMED
FORCES AND THE PNP, subject to the
condition that they must settle first
their financial obligations with the GSIS
and contractuals who have no employer
and employee relationship with the
agencies they serve.
EXCEPT FOR THE MEMBERS OF
THE JUDICIARY AND CONSTITUTIONAL
COMMISSIONS WHO SHALL HAVE LIFE
INSURANCE ONLY, all members of the
GSIS
shall
have
life
insurance,
retirement and all other social security
protection
such
as
disability,
survivorship,
separation
and
unemployment benefits.
COMPUTATION OF SERVICE
The computation of service for
the purpose of determining the amount
of benefits payable shall be FROM THE
DATE
OF
THE
ORIGINAL
APPOINTMENT/
ELECTION INCLUDING PERIODS OF SERVICE AT
DIFFERENT TIMES UNDER THE AUTHORITY OF
THE REPUBLIC OF THE PHILIPPINES AND THOSE
THAT MAY BE PRESCRIBED BY THE GSIS IN
COORDINATION WITH THE CIVIL SERVICE
COMMISSION.
All
service
credited
for
retirement, resignation or separation for
which corresponding benefits have been
awarded shall be EXCLUDED in the
computation of service in case of
reinstatement in the service of an
employer and subsequent retirement or
separation which is compensable.
65
MEMORY AID
Employer:
The
national
government,
its
political
subdivisions,
branches,
agencies
or
instrumentalities
including GOCCs and financial
institutions with original charters,
the constitutional commissions and
the judiciary
Employee or Member:
Any person receiving compensation
while in the service of an employer
as defined herein, whether by
election
or
appointment,
irrespective of status appointment,
Dependents:
1. The legitimate spouse dependent
for support upon the member or
pensioner
2. The
legitimate,
legitimated
legally adopted child, including
the illegitimate child who is:
a. unmarried,
b. not gainfully employed,
c. not over the age of
majority,
d. or is over the age of
majority
but
incapacitated
and
incapable of self-support
due to a mental or
physical defect acquired
prior to age of majority
3. Parents dependent upon the
member for support
Primary Beneficiary
The legal dependent spouse until
he/she remarries
Secondary Beneficiary
The dependent parents and subject
to the restrictions on dependent
children, the legitimate descendants
Disability
Any loss or impairment of the normal
functions of the physical and/or
mental faculty of a member which
reduces or
eliminates his/her
capacity to continue with his/her
LABOR LAW COMMITTEE
LABOR LAW
current gainful occupation or engage

in any other gainful occupation.
Definition of Terms
IN
Total Disability
Complete incapacity to continue
with his present employment or
engage in any gainful occupation due
to the loss or impairment of the
normal functions of the physical
and/or mental faculties of the
member
Permanent Total Disability
Accrues or arises when recovery
from impairment mentioned in
Section 2 (Q) (defining disability) is
medically remote
Temporary Total Disability

Accrues or arises when impaired
physical and/or mental faculties can
be rehabilitated and/or restored to
their normal functions
Permanent Partial Disability

Accrues
or
arises
upon
the
irrevocable loss or impairment of
certain portion/s of the physical
faculties, despite which the member
is able
to pursue a gainful
occupation.
Sources of Fund
Contributions
1. It shall be mandatory for the
member and the employer to
pay the monthly contributions.
2. The employer shall include in its
annual
appropriation
the
necessary amounts for its share
of the contributions indicated
above PLUS any additional
premiums that may be required
on account of the hazards or
risks
of
its
employees
occupation.
3. Failure to do so shall subject the
employers
to
penal
or
administrative sanctions.
Collection and Remittance

1. Collection: The employer shall
report to the GSIS all pertinent
information
regarding
the
employee and shall deduct each
66
MEMORY AID
month from the salary or

compensation of each employee
the contribution payable by him.
2. Remittance: The employer shall
remit directly to the GSIS the
employees
and
employers
contributions within the first ten
(10) days of the calendar month
following the month to which the
contributions apply.
Benefits
1.
SEPARATION BENEFITS (SEC.

11):
Separation benefits are given
to the:
a. The member resigns or
separates from the service
after he has rendered at
least three (3) years of
service but less than fifteen
(15) years or
1. The member resigns or
separates from office after
he has rendered at least
fifteen (15) years of service
and is below sixty (60) years
of age at the time of
resignation or separation.
Separation
include:
benefits
likewise
UNEMPLOYMENT
OR
INVOLUNTARY
SEPARATION
BENEFITS (Sec. 12): 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 PROVIDED that
he has been paying integrated
contributions for at least one (1)
year prior to contributions.
2.
RETIREMENT BENEFITS:
Conditions for entitlement (Sec.
13-A):
Member has rendered at least 15
years of service
He is at least 60 years of age at
the time of retirement
LABOR LAW COMMITTEE
IN
LABOR LAW
He is not receiving a monthly

pension
benefit
from
permanent total disability
3.
PERMANENT
DISABILITY
BENEFITS
General
Conditions
for
Entitlement (Sec. 15):
The member must have suffered
permanent disability for reasons
NOT DUE to:
1. Grave misconduct
2. Notorious negligence
3. Habitual intoxication, or
willful intention to kill
himself or another.
Specific conditions for
entitlement (Sec. 16):
He shall receive monthly income
benefit for life equal to the
basic monthly pension effective
from the date of the disability.
PROVIDED:
1. He is in the service at the
time of the disability
2. IF
SEPARATED
FROM
SERVICE, he has paid at least
36 monthly contributions
within the 5 year period
disability or has paid a total
of at least 180 monthly
contributions prior to the
disability
3. IF HE WAS IN SERVICE AND
HAS PAID A TOTAL OF AT
LEAST
180
MONTHLY
CONTRIBUTIONS, in addition
to the monthly income
benefit, he shall receive a
cash payment equivalent to
18 times his basic monthly
pension
4. However, a member cannot
enjoy the monthly income
benefit
for
permanent
disability and the old age
retirement simultaneously.
Unless the member has reached

the
minimum
retirement
age,
disability
benefits
shall
be
SUSPENDED when:
67
MEMORY AID
1. He is reemployed
2. He
recovers
from
his
disability as determined by
the GSIS, whose decision
shall be final and binding
3. He fails to present himself
for medical examination
when required by the GSIS
PERMANENT
PARTIAL
DISABILITY (Sec. 17):
He must satisfy specific
conditions 1-3.
4. TEMPORARY DISABILITY
BENEFITS (Sec. 18)
The member shall be entitled to
75% of the current daily
compensation for each day or
fraction thereof of temporary
disability benefit not exceeding
120 days in one calendar year
after exhausting all sick leave
credits and collective bargaining
agreement sick leave benefits.
PROVIDED:
1. He is in service at the time
of his disability
2. If
separated,
he
has
rendered at least 3 years of
service and has paid at least
6 monthly contributions in
the
12month
period
disability
HOWEVER, a member cannot
enjoy temporary total disability benefit
and sick leave pay simultaneously
IN ADDITION, If the disability
requires more extensive treatment that
lasts beyond 120 days, the payment of
the temporary total disability benefit
may be extended by the GSIS but not to
exceed a total of 240 days
LASTLY, and in no case shall the
benefit be less than 70 pesos a day.
5. SURVIVORSHIP BENEFITS:
For purposes of survivorship
benefits, legitimate children
shall include legally adopted
and legitimated children.
Death of a Member
Upon the death of a member, the
primary beneficiaries shall be entitled
to:
LABOR LAW COMMITTEE
1. SURVIVORSHIP
PROVIDED:
IN
LABOR LAW
PENSION,
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.
2. SURVIVORSHIP PENSION PLUS A
CASH PAYMENT EQUIVALENT TO
100%
OF
HIS
AVERAG`E
MONTHLY COMPENSATION FOR
EVRY YEAR OF SERVICE
PROVIDED: The deceased was in
the service at the time of his
death with at least three years of
service
3. SURVIVORSHIP PENSION PLUS A
CASH PAYMENT EQUIVALENT TO
100% OF HIS AVERAGE MONTHLY
COMPENSATION FOR EVERY YEAR
OF
SERVICE
HE
PAID
CONTRIBUTIONS BUT NOT LESS
THAN P12, 000
PROVIDED That the deceased has
rendered at least 3 years of
service prior to his death but does
not qualify under 1 and 2.
ORDER
OF PAYMENT OF THE
SURVIVORSHIP PENSION
1.
When the dependent spouse is

the only survivor, he/shall
receive the basic survivorship
pension for life or until he/she
remarries.]
2.
When only dependent children

are the survivors, they shall be
entitled
to
the
basic
survivorship pension for as long
as they are qualified, plus the
dependent childrens pension.
3.
When the survivors are the

dependent spouse and the
68
MEMORY AID
dependent
children, the
dependent spouse shall receive
the basic survivorship pension
for life or until he/she
remarries, and the dependent
children shall receive
the
dependents pension.
IN THE ABSENCE OF PRIMARY
BENEFICIARIES, THE SECONDARY
BENEFICIARIES SHALL BE ENTITLED
TO:
1. Cash payment equivalent to
100% of his average monthly
compensation for each year of
service he paid contributions,
but not less than P12,000
PROVIDED that the member is in
service at the time of his death
and has at least 3 years of
service.
2. In the absence of secondary
beneficiaries , the benefits
under this paragraph shall be
paid to the legal heirs
IN
LABOR LAW
Appealable under Rule 43 and 45

Of the 1997 Rules of Civil Procedure. The
appeal shall not stay the execution of
the order or award unless ordered by the
Boards, CA, or SC and the appeal shall
be without prejudice to the special civil
action of certiorari when proper.
6. FUNERAL BENEFITS:
It shall not be less than twelve
thousand pesos (P12,000.00)
PROVIDED that
it shall be
increased to at least eighteen
thousand pesos (P18,000.00)
after five years and shall be paid
upon death.
7. LIFE INSURANCE BENEFITS
All employees except members
of the AFP and the PNP shall be
compulsorily covered with life
insurance.
Adjudication of Claims and Disputes
PRESCRIPTION OF CLAIMS
Claims for benefits under the Act
except for life and retirement shall
prescribe AFTER 4 YEARS FROM THE
DATE OF THE CONTINGENCY.
JURISDICTION
GSIS shall have the exclusive and
original jurisdiction to settle any dispute
arising under the Act and any other laws
administered by the GSIS.
LABOR LAW COMMITTEE

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San Beda College of Law

LABOR LAW COMMITTEE

ART. 211. DECLARATION OF

it defines the status, rights, and

POLICY is intended to install industrial

San Beda College of Law

LABOR LAW COMMITTEE

premises of the employers business is a

promote gainful employment

San Beda College of Law

terms or conditions of employment

2. Labor Relations Disputes

LABOR LAW COMMITTEE

REGARDLESS of whether the disputants

NLRC an administrative body with

San Beda College of Law

Under R.A. 7700: to allow cases

QUALIFICATIONS OF THE CHAIRMAN AND

The appointment of the Chairman

The NLRC is composed of five (5)

2. workers organizationsnominated by the labor

POWERS of the NLRC as amended by

TERM OF OFFICE OF THE CHAIRMAN,

Each division composed of three

They shall hold office during good

1. from the public sectornominated by the Secretary

LABOR LAW COMMITTEE

San Beda College of Law

EXCLUSIVE APPELLATE JURISDICTION

LABOR LAW COMMITTEE

divisions. (St. Martins Funeral Homes

San Beda College of Law

pay, hours of work and other

4. Claims for actual, moral,

5. CASES ARISING FROM ANY

The labor arbiter and the NLRC have

They also have no jurisdiction over

Although the provision speaks of

Cases which must be disposed of

LABOR LAW COMMITTEE

San Beda College of Law

In the absence of service of

COMPULSORY ARBITRATION: The

POWERS OF THE NLRC:

LABOR LAW COMMITTEE

San Beda College of Law

LABOR LAW COMMITTEE

RES JUDICATA applies only to

San Beda College of Law

after having EXPLAINED

PURPOSE: for the employees

ART. 222. APPEARANCES AND

LABOR LAW COMMITTEE

The Rules of Court are applied in a

Attorneys fees for CBA

Neither the lawyer nor the

ARTICLE 211 VS ARTICLE 222

San Beda College of Law

the fee to be paid to

If there is prima facie evidence

A. decisions of the regional director:

LABOR LAW COMMITTEE

It is the policy of the state

San Beda College of Law