Beruflich Dokumente
Kultur Dokumente
no reinstatement
payment of full backwages from the time his employment was terminated
until it is determined that the termination of employment is for a just cause
not entitled to termination/ separation pay
but without prejudice, however, to whatever rights, benefits and privileges
he may have under the applicable individual or collective bargaining
agreement with the employer or voluntary employer policy or practice
no reinstatement
payment of full backwages from the time his employment was terminated until it is determined that the
termination of employment is for a just cause
separation pay
when the cause of termination is either installation of labor-saving devices, redundancy or disease---one
month pay or at least one month pay for month for every year of service, whichever is higher when the cause
of termination is either retrenchment, closure or cessation of operations --- one month pay or at least month
pay for every year of service, for every year of service
NATIONAL LABOR
RELATIONS
COMMSISSION
LABOR ARBITER
BUREAU OF LABOR
RELATIONS/MED-ARBITER
REGIONAL DIRECTOR
2003
SECRETARY OF LABOR
VOLUNTARY
ARBITRATORS
1.
2.
exclusive
appellate
jurisdiction over all
cases decided by Labor
Arbiters
Art. 263 (g) cases
certified to it by the
Secretary of Labor for
compulsory arbitration
for
Quasi-judicial Functions:
1. all inter-union conflicts;
2. all intra-union conflicts;
3. all disputes or problems
arising from or affecting
labor management relations
in all workplaces, except
those arising from the
implementation
or
interpretation of CBAs
Quasi-judicial Functions:
1. all inter-union conflicts;
2. all intra-union conflicts;
3. all disputes or problems
arising from or affecting
labor management relations
in all workplaces, except
those arising from the
implementation
or
interpretation of CBAs
Administrative Functions:1
1. regulation of registration of
labor unions;
2. keeping of a registry of labor
unions;
3. maintenance of a file of
CBAs
Administrative Functions:
1. regulation of registration of
labor unions;
2. keeping of a registry of labor
unions;
3. maintenance of a file of
CBAs
Art. 128
--- Visitorial and enforcement power
Art. 129
--- Recovery of wages, simple money
claims and other benefits; Provided,
that such complaint does not include a
claim for reinstatement; Provided
further, that the aggregate money
claim does not exceed Five Thousand
Pesos (P5,000.00)
Art. 274
--- visitorial power
compulsory
2003
Labor Standards:
1. pre-employment
Art. 14 --- employment promotion
(a) To organize and establish new
employment offices in addition to the existing
employment offices under the Department of Labor as
the need arises;
(b) To organize and establish a
nationwide job clearance and information system to
inform applicants registering with a particular
employment office of job opportunities in other parts of
the country as well as job opportunities abroad;
(c) To develop and organize programs
that will facilitate occupational, industrial and
geographical mobility of labor and provide assistance in
the relocation of workers from one area to another; and
(d) To require any person, establishment, organization or
institution to submit such employment information as
may be prescribed by the Secretary of Labor.
Art. 35--Suspension and/or cancellation of license or
authority to recruit employees for overseas employment
for violation of rules and regulations issued by the
Secretary of Labor, the Overseas Employment
Development Board, and the National Seamen Board, or
for violations of the provisions of this and other
applicable laws, General Orders and Letters of
Instructions.
Art. 36.--Regulatory power The Secretary of Labor
shall have the power to restrict and regulate the
recruitment and placement activities of all agencies
within the coverage of this Title and is hereby authorized
to issue orders and promulgate rules and regulations to
carry out the objectives and implement the provisions of
this Title.
Art. 37--Visitorial power. The Secretary of Labor or
his duly authorized representatives may, at any time,
inspect the premises, books of accounts and records of
any person or entity covered by this Title, require it to
submit reports regularly on prescribed forms, and act on
violations of any provision of this Title.
Art. 128--Visitorial and enforcement power
Art. 129-- Recovery of wages, simple money claims
and other benefits; Provided, that such complaint does
not include a claim for reinstatement; Provided further,
that the aggregate money claim does not exceed Five
b.
c.
d.
e.
b.
c.
d.
e.
2003
WORKERS ASSOCIATION
a.
b.
c.
TABLE 4:
KINDS OF ULP
2003
ULP of Employers
1.
2.
3.
4.
5.
6.
7.
8.
9.
To interfere with, restrain or coerce employees in the exercise of their right to selforganization;
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;
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 self-organization;
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;
To discriminate in regard to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in
a recognized collective bargaining agent as a condition for employment, except of those
employees who are already members of another union at the time of the signing of the
collective bargaining agreement. Employees an appropriate collective bargaining unit who
are not members of the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members of the recognized
collective bargaining agent, if such non-union members accept the benefits under the
collective agreement: Provided, That the individual authorization required under Article 242,
paragraph (o), of this Code shall not apply to the non-members of the recognized collective
bargaining agent;
To dismiss, discharge or otherwise prejudice or discriminate against an employee for having
given or being about to give testimony under this Code;
To violate the duty to bargain collectively as prescribed by this Code;
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 dispute; or
To violate a collective bargaining agreement.
1.
2.
3.
4.
5.
6.
7.
8.
9.
To interfere with, restrain or coerce employees in the exercise of their right to selforganization;
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;
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 self-organization;
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;
To discriminate in regard to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment, except of those
employees who are already members of another union at the time of the signing of the
collective bargaining agreement. Employees an appropriate collective bargaining unit who
are not members of the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members of the recognized
collective bargaining agent, if such non-union members accept the benefits under the
collective agreement: Provided, That the individual authorization required under Article 242,
paragraph (o), of this Code shall not apply to the non-members of the recognized collective
bargaining agent;
To dismiss, discharge or otherwise prejudice or discriminate against an employee for having
given or being about to give testimony under this Code;
To violate the duty to bargain collectively as prescribed by this Code;
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 dispute; or
To violate a collective bargaining agreement.
Stage 2
Stage 3
2003
ORGANIZATION-REPRESENTATIONAL
BARAGAINING PROPER
CONTRACT ADMINISTRATION
Normal course:
Formation and registration of union
Request and grant of voluntary recognition; or
Petition for certification/ consent election
Determination of election constituency or collective
bargaining unit
Holding of election
Certification of exclusive bargaining representative
Normal course:
Bargaining preparations
Presentation of proposals and counter-proposals
Bargaining on specific mandatory or nonmandatory
items
Conclusion of negotiations; signing
Ratification
Registration of CBA
Normal Course:
Implementation of CBA provisions
CBA questions submitted o and resolved through grievance machinery or
voluntary arbitration
Renegotiation on second or third year of non-representational provisions
Freedom period on the fifth year; holding of election to resolve employee
representation
Detour/ Deviation:
Election protest
Appeal to Labor secretary
Certiorari in Court of Appeals
Strike because of union busting or other ULP by
employer
Third-party intervention: conciliation-mediation or
arbitration
Detour/ Deviation:
Strike/ lockout because of bargaining deadlock or ULP
in bargaining
Third-party intervention: conciliation-mediation or
arbitration
Detour/ Deviation:
Strike because of gross violation of CBA economic provisions
Third-party intervention: conciliation-mediation or arbitration
2003