@ A: To constitute ilegal recruitment in large Scale, three elements must conc authority required by law {0 enable him to lavaully engage in recruitment placement of workers: b, the offender undertakes any of the acwwities within the meaning of Srecruitment and placement under Asticle 13(b) of the Labor Code, or any ofthe. prohibited practices enumerated uncer Article “of the Same Code (now Sec 6 of RA No Bon2y, ane the offender committed the same Against. three or more persons, individually or a6.a group. (People v ‘Abella, GR No, 199665, January 20, 2016) @: What are the elements of illegal recruitment committed by a syndicate? A: Iilegal recruitment is committed by Syndicate ‘where 3 or more porsons conspire with one another in carrying

Regular working hours Regular working days ‘Overtime work Regular meal period Night shift afterental pay Weekly rest periods fest day, Sunday, or special holiday ‘work 8, Compensation for notiday work 9. Service incentive leave/service incentive 40, Share in the collected service charges @; For purposes of the exclusion, what ie meant” by. the term "managerial employees"? HOR LAW PRE. WEEK REVIEWER A: Managerial employees are those Sehose “Primary duty is the management of the establishment in which they are employed oF of a department or subdivision thereof (Customary and regularly direct the work of two or more employees therain Truthorily. to. hie or fire other employees of lower rank; or thoir Surigestions and recommendations: Seto the hiring nd fing and as tO the promotion or any other change of status of other employees. ate ‘oiven particular weight are tho duties and 1S of managerial stat? A: These help determine whether an employee is part of the managerial staf, excluded from. the “coverage of the provisions on hours of work The primary. duly consists of the pertormanes of work directly related to Franagement pokcies of the employer; 2, Managerial slat customarily and independent judgment 2, They regularly and. directly assist a proprietorimanagerial employes, whose primary duty consists. ofthe management of the establishment, oF ‘execute under general supervision work aiona specialized or technical nes Tequining special training, experience or Knowiodge, or execute “under general lupewision special assignments and 4. Managetial staff do not devote more than 20% of their work hours in a Week to activities whieh are not divectly and Slosely related. to management of the establishment. (Penaranda v Baganaga Piywvood Comp...GR 159577, 2008) Q: Who are field personnel? A Field personnel are non aaricultural Empioyoos, whe regularly perform their CS Fi : eee eee CECE TEERE RH LE RERARRARAE@ A: While financial losses must be shown to Feduee the work hours of employees, no Quidelines have been set to determine the Sufficiency of losses to justify the reduction Inthe cage of Linton Commercial vs. Hellera (GR. No, 163747, 2007), the SC. appliod the standards for Suspension of work {not to exceed 60 days] and retrenchment (1) the losses incutred are substantial and hot de minienis (2) tha losces are ac tromninent Gy" "the retrenchment is reasonably necessary and is likely to be effective in preventing the expected losses; and (4) the allaged lossos, if already Incurred, oF the expected imminent losses Sought to’ bo forestalled, aro proven by sufficient and convincing evidence fal or reasonably : What are the regular work hours of hospital and clinic personnel? A: Hospital and clinic personnel can start fand end work at any hour en any day but would not work for more than 8 hours in a ‘day, nor more than 40 hours In one week. : Is there overtime work for hospital ‘and clinic personnel? |A: Yes. Hospital and clinic personnel may be scheduled ta work for more than 5 days or 40 hours in a Wook, f they are paid Bvertime. (© at least 30% regular rate). G: What happens if a brownout occurs? A: Generally, brownouts are not included fours worked. The exception 19 a CBA provides for t ©: What are the rules governing ‘compensability during brownout? A: It a worker's work is interrupted due to teownout ond 1 brownauit does not exceed 20 minutes, it LABOR LAW PRE-WEEK REVIEWER, 2. brownout exceeds 20 minutos and the employees can leave freely, Hl won't Be compensable 3. hrownout exceeds 20 minutes and the Cmployoes can use the time nowever thay want, itwon't be compensable In each case, the employer may extend the working hours of hie employees outside the Feqular schedules to compensate for the loss. of productive hows without paying @: What is meant by the term “on call”? A: "On call time is the me when an ‘employee 16 required to remain on callin the employers premises or so close thereto that he cannot use the time effectively or gainiully for Ns own purpose. This is Considered as part of hours worked, @: Can the right to im overtime pay be A No. The right to claim overtime pay is Governed by law and not morely By the Sgreernent of the partis. : 1s there an exception? A: YES. I the waiver is done in exchange for certain valuable privileges which compensate for stich work, the waiver may be volt Ii'there is stipulation regarding builtin overtime pay, duly approved by BOLE. then the non-payment of overtime 1S vata G: What are the conditions to be entitled tor pay? ¢ Actuat rendition of OF work 2. Sumission of sulficient proof that said ‘work nae actually performed 3 OT work is withthe knowledge and Consent af the employer ES TT . eeceee eee P RRR R ERC CERLL ERE RARERE® ‘A: Measures shall be taken to ensure that fan alternative to night work is available to Women ‘workers who woul olherwize, Ber tallad upon to perform such work — *, ‘bofore or after childbirth, for a period of at least 16 weeks, which shall be Sivided botween tho time before and after childbirth 2. for additional periods in respect of which a. medical certiieate 1s, produced stating that Said additional Periods are necessary for the health 6f the mother or the: child ‘2, “dusing pregnancy BL determines by DOLE after onsultation wth employer land labor representatives. ‘A pregnant woman is allowed to work at night only if'a competent physician other than the company physician shall certify their fitness to render night work, and specify the period of the pregnancy that they can eately work @: How much Is an employee entitled to for holiday pay? A: Regular wage rate + at least 30%. B. WAGES Q: What makes up regular wage? A: Includes the cash wage only, without Geduction on account of facilities provided by tha employer @: What is the coverage cf the provisions on wages? A: These cover the minimum wage rates prescribed by law, which shall be basic cash Rages without ‘deduction thereliam of Whatever benefits. supplements. oF Sllowances which tha employeos enjoy free ff charge aside from the basic pay Q; What are excluded from wages? LABOR LAW PRE.WEEK REVIEWER A. COLA, profit:sharing payments, premium payments. 13 month pay or other monetary benefits which are nek considered ne pat of oF integrated into the regular Salary of the worker, a8 well a8 payments for loaves, night differential, regular holiday pay and premums for work done on rest Haye and special holidays are excluded. 0: Who are included in the provisions for wages? A. The rule on wages applies to all workers except farm tenancyileasehold, domestic Sowants, and homeowners engaged in nendlawork/eottage industry. : When ean it be said that there is a diminution of benefits? A: There is diminution of benefits when itis shown that 1" the grant or benefits founded on a policy or has ripened into a practice ver a long period of time 2. the practice is consistent and Seliborat 2. the practice fs not due to error in the onstniction or application of a ‘oubitul or dificult question of law uniiateraily by the employer, (Supreme, Steol_v." Nagkakalsang Manggagawa, GR Ne 185556. 2017) (Q: May an employer deduct from an pmployee's wages without consent? A. An employer, by himealt of through his Fopresentatve, is. prohibited trom making nny deductions Wer ihe wages ‘of his Sinployaes. The employer is not allowed to rake unnecessary deductions without the Knowiedge or authorization” of the eimployees.@ contract and the same shail be considered fs the law between them, however, must bbe emphasized that a labor contract is not fan ordinary contract since. it © impressed ‘with publle interest. Thus, the parties are prohibited to enter into any ‘stipulation fuinieh may result In the reduction of any ‘employee benefits. In the instant case, the Faduction by the employer, ven with the Consent of the omployee, of the. legally mandated minimum percentage of such benefits as night diferential pay, overtime ay and premium pay. ts not vai. (Labor Code, art 100; Republic Planters Bank v NLRG, GR 117460, 1997) However, the same may not be said on the matter of iereasing said benefits. "The employer and the employoo are not prohibited under the law to enter into an hgreement for the increase of whatever bonofit being mandated by law for the simple. reason that any such inerease certainly redounds to the benelt of the employee, Thus, the employer and tho employee may legally and validly agree to \nereaze the minimum percentage provided for night differential pay, overtime pay, and promium pay. (Republic Plantors Bante v NLRC, G.R. 117460, 1997). @: What is a bonus? |: A bonus is an amount granted and pale to an employee for his industry and loyalty which “contributed 19 the success of the employers business and made possible the Fealzation of profits it isan. act of generosity for which the employes should be pratet a: ts bonus demandable and A: From a legal point of view, 2 bonus is not emandable. It Becomes £0 when itis mado part of the wage or salary or compensation fp that case, the latter woul! he 3 thd amount and the former would bea LABOR LAW PRE.WEEK REVIEWER contingent one dependent upon tne Fealzstion of profits, Without prot, mo bonus. (Luzon Stevedoring v CIR, GR. L- 17411, 1965). ©. REST PERIOD @: When is work on authorized? (UAAP FAN) rest day A: Wort on a rast day is authorized 1. “incase of Urgent work to be performed on machinenes, equipment or Installations to avoid senous loss which the employer would otherwise suffer 2. In cate” of Actual oF Impending emergencies caused. by serious Secidont, fite. flood, typhoon, Barthquake, epidemic, oF other disastar br calamity, to prevent toss of ile oF property, or in caese of force majoure oF Imminent danger to public safety 2. Inthe vent of Abnormal pressure of Work. due to special circumstances, hate the employer cannot ordinarily be Panacied t9 resort to othar measures 4. ‘la Prevent serious lose oF perishable Vier the work is necassary to avail of Qvorable weather conditions where performance or quality of work is Sopendent thereon 6. Under other Analogous or si 7 Whore the Nature of the work is such matte. employees have to. work continuously for 7 days a week oF more ae i the case of crew members of Genial to ‘completa a voyage and in ©: Can an employee volunteer to work Or Wis rest day? A. Yes. This must, however, be in writing, yer! to payment of additional Eo |® 2 dally maternity benotit equivalent to 100% Of her average daily salary credit for 60 days (normal delivery) and for 78 days (caesanan delivery) The maternity leave benefits shall be paid only for the first 4 deliveries/mniscarriages Q: What are special leave bonofits under tho Magna Carta for Women? A: Gynecological Leave bonofits of two (2) months with full pay based on gross monthly "compensation, for women employees who undergo sursery caused by gynecological disorders, provided that they have rendered” continuous aggregate employment. service of "atleast. six, (0) months for the last twelve (12) months, ‘The centiication of a competent physician fas required period for recuperation shall be contoting, @: What are the conditions tor entitlement of Paternity Leave? A 1 Amarried male employee at the time of dotvary of his child: 2." “Cahabiting with his spouse at the lime she gives birth or suffers. misearriags 3." “Applied for paternity leave within a feasonable period from the expected date of delivery or within such period as_may be provided by company rules or by C&A, prior Application is not required incase of miscarriage: a Wife has given birth or sutfered a 5. Where a male employee 1s already enioying. the paternity leave benefits by the greater benefit prevails Evory martied mate emplayeo in the private ‘and public sectors shall be entitled to Paternity leave of saver (7) days wil full pay for the first four (4) dolivevias of the onan LABOR LAW PRE. WEEK REVIEWER fegitimate spouse with whom he is cohaniting, @: What is a solo p rent’s leave and how A. A parental leave of not more than 7 ‘working days every year shall be granted to thy S910” paront employee who as rondintod service of atleast 1 year Consitions to Entitlement To as rendered at least 1 year of service, ‘whether continuous or broken: 2. Has ‘notified’ the employer within a reasonable period 3. Nias presented a Solo Parent 1D to the employer which may be oblained from tho! DSWD. office’ of ‘the ety or municipality where "the employee @: What is the coverage of the leave under the Anti:VAWC Law? A: It allows the victim of violence, which ‘may be physical, sextal, or psychological, to apply for the issuance of @ protection ‘order, If such vietim Iz an employee, she is ‘niitled 10 a paid leave of up to 10 days in addition to other paid leaves under the tabs: code, other laws and company policies, Q: When can the Special Leave Benefit for Women be availed? A: A woman employee having rendered Continous aggregate employment cervice ff al east six (6) months for the twelve (12) months immediately prior to. the. surgery Shall be entitled fo a special leave benefit of fue (2) months with full pay based on her gross | monthly compensation following Surgery caused by gynecological disorders. F. SERVICE CHARGESIr beet Installation of po Atleast 1 enonth pay OF Uabor-Saving | at least 1 month pay for Devices and every year of service, Redundancy __| whichever is hiaher Retrenchment [Eat year of service, for closure oF cessation not aes Whichever is higher losses Closure or Equivalent io T month Cessation ot | pay or al least 1/2 ‘Operations. month pay for every year of service, hichaver. is higher tthe closure fs due to serious business loseos hho obligation on the part fof the employer to pay Separation benefits is ‘due None ‘An act of Government Disease/Sicknees | Equivalent to atleast fone (1) month salary or fone. halt (1/2) salary for every year of service, Whichever i qreater Noto: A portion of six months is considered fs t whale yoor RETIREMENT PAY Q: What is the minimum amount of retirement pay? A Equivatent to at least 172 month salary for very year of service, a fraction of at least She (6) months being considered as one whole year. LABOR LAW PRE WEEK REVIEWER, 1G: Who are entitled to retirement pay under the Labor Code? A. All employees in the private sector, fegardies= of their position, designation of Status and respective of the method by Suhich heir wages are paid. Exceptions: TP 'rmployees governed under Chil fiw La Homestic hoipers and persons in the personal service of another, and 3. Employees in retail, service and auricuttural establishment” or Bperations regularly employing not fore than 10 employees In the absence of a rotirement plan oF other hpplicable agreement. for providing. for Felrement benetits of an employee in ar Sstablishment, an employes shall be rated bythe ane of 65. J. WOMEN WORKERS, @; When is a rule against marriage valid? When is it not valid? Ain (Duncan v. Glaxo Welcome, GR. 162994. '2004),, where the stipulation pronits an employee from having & Felationship saith another employee from a Eampetiar company, this stipulation isa valid exercise of management prerogative Relationships ofthat nature might compomise the interests of The Company. In laying down the assailed company policy, the “employer “only alms. to protect its erent against the possibilty that Competitor company wil’ gain access to ite rede. sooteta, manutaeuuring formulas. hareeling strategies and other confidential However, in (PTT vy NLRC. GR No 73078, 1997), 4 company poley of not aecehinia' or considering as disqualified ee IP : i ras nem w mmm mass w see e eee eeee ane eeee’!® ‘Those employed in the National Capital Region — P2,500 a month 2, Those employed in chartered cities and frst clase municipalities — 2,000 3 ‘month 3. Those employed in other municipalities "500 @ month MM, EMPLOYMENT OF HOMEWORKERS, Q; What are the rules on deductions? A: No. employee, contractor, or sub- Contractor shall make any deduction from the homeworker's earnings for the value of materials which have been lost, dostroyed, oiled or otherwise damaged unless the following conditions are mat 1 Homeworker concerned clearly shown fo be responsible for the damage, 2. Employee is given _ reasonable opportunity to show cause. why Sertuctone shoud not be made, 3. Amount of stich deduction 1s fair and feasonabie and. shall not exceed the factual loss oF damages; and 4, Amount deducted does not exceed 20% Or the Nomoworkers earings ins week N. APPRENTICES AND LEARNERS. Note: RA, 7796 has transferred the Duthority aver apprenticeship of the DOLE fo the TESDA, I emphasizes TESDA's Spproval of the apprenticeship program as a prerequisite for the. fining of apprentices. (Conny Canning Corporation v. CA, 30 ‘SCRA 801, 2007). ae LABOR LAW PREWEEK REVIEWER @: when is apprenticeship? there no valid A: Thato is no valid apprenticeship it 4) The agreement submitted to TESDA vias made long after the workers started Undergoing apprenticeship >. The work performed by the apprentice ins “ilfarent’ from those -allogedly anmaved by TESDA, 3. ‘The workers undergoing apprenticeship are already shied workers: or 4. ihe workers were required to continue Undergoing apprenticeship beyond six months. (ilanta Industries v. Sebolino, GR. No, 187320, 2011) Q: Now do you differentiate apprentices from earners? Practical Training = "3 On the job on - tha job t Training Agreement —=VER | Apprenticeship | Leamership [Agreement| Agreement ‘Gezapation TH Nighly-skilled or | Semtstiled and technical industal industries Secupaions: “Theoretical Instructions T= Aiwa Mayor may not be Supplemented ___| supplemented Rate oF TR instractions aga On| “thefob Training So eEe | 100 hours theoretical instruction for | every 2,000 hours of practical raining | t Duration Of Training "eee | Not less than 3 Not. oxco Months but not | months: months \ : 1, Ueatieast | Pre-requisites before fiteen(is) | learners maybe Years of age; | validly employed 2, Possess YP No experienced CENTRAL o: naw nn nme eneeaeseeeoeeeeene@ LABOR LAW PRE WEEK REVIEWER c. The employer gives the employee a second chance to pass the standards set d. When a longer period is required ang established by company policy 2. Regular a. Engaged to perform tasks usually necessary or dasirabie to the usual trade or business of the employer b The employment is considered feguiar when the employee | is lalowed 16 work after a probationary ponioa 3. Proles nt ‘employment nas been Specific project or undertaking, the Completion” “of “which has been determined at the time of engagement of the employee One whose fmed Yor a 4. Seasonal - Work or services 10 be porformed i eoaconal in nature and the employment is for the duration af the 6. Casual General Rule: Actwity pertormed is not usually necessary or desirable in the usual business or wade of the omployer, not project and not seasonal Exception: If he has rendered at toast 4 year of service, whether such service. is Zontinuous or broken, he is considered a REGULAR employee with respect to. the activity in which he is employed ard his employment shall continue while “such activity exists 6. Fixed-term_- For such contract to be valid, it should be shown that the fixed period was knovingly and voluntarily Agreed upon by the parties. Freed term employment will not be considered vad here, tram the clreumstances,. W's ‘apparent. that periods have been Tenuriat sacunty by” tho employee (Dumpit-Murillov CA. GR No 164652, 2007) | Q Does the DOLE Secretary have the power to decide whether or net an employer-employee relationship exists? A. Yes. Under Article 128(b) of the Labor Code. as amended by RA 7230, the DOLE is fully empowered ta’ make a determination a¢ to the exercise of an employer-employer Felationship in the exercise of iis vishoval nnd enforcement power, subject to judicial review, not review by the NURG (People's Browcasting Service [Bombe Radyo Phil. Inc} 'v. Secretary of Labor, GR. 179652) 2012. Azuenea, The Labor Code with Comments and! Cases, Book I: Labor Standards and Welfare, 379. 2013), @: How do you Contracting trom I forentiate job-only bor-only contracting? A: rom Gitar has sufficient substantial capital OR investment in machinery, Tools oF equipment dieetly or relisted to the job contracted aerios an has no independent independent business business different from the employer's Undortakes to perform the job ‘account ang resporsibilily, PREE trom the pemepat = vo payne. Ey cones has NO substantial capital OR Investmentin the form of machinery tools or equipment arior ‘diectly related to the principal Peineipal weated 82 “direct omployer of (contractor t= deemed agent of the {paincrpal) | eames sameness eases ese2heaesaeeaeeaseaat@ ‘equivalent computed from the time his Compensation was withheld from nim Up fo the time of his actual reinstatement (Labor Code, art. 294). 2. Full backwages - that the employee Is paid al the wage rate at the time of his, Sismissal up to his actual reinstatement including regular allowances that he had eon receiving such az the emergency living allowances and the 13" month pay mandated under the law. (Paramount Vinyl Product Corporation v. NLRC, et al, G-R.81200, 1999). @: How do you differentiate. project ‘Smployee from casual employee? A: Project employee — employed for a ‘Specie project or undertaking: the Completion or termination of which has been, Setermined at the time of the engagement His work neod not be incidental to the business of the employer, and may exceed f year without making hima” requ Employee A termination report must be Submited at nearest employment office Casual employee ~ engaged to perfor a Job, work or service which is incidental to the’ business of the employer, and the efinite period of his employment is made known to him at the time of his engagement His continued emplayment after the lapse of 1 year makes his a regular employee. No termination report racuied Q: What are the various just and Suthorized caused for termination? A: dust causes: 4 "Serious. Misconduct or Will Dicobedience by the employee of the lawful orders of his employer or Teptesentative in connection with Ne work (work-related) 2. Gross And habitual Neglect by the employee of his duties LABOR LAW PRE.WEEK REVIEWER 3. Froud or Will breach by omployee of the “Trust reposed. in him” by his employer “or duly authorized Fepresentative (not mere suspicion) 4. Commission of a Crime or offense by the employee against the person of his employer or any immediate member of hen family or duly authorized Gther analogous cases thorized eauses: Redundancy Retrenchment Introduction of Iabor-saving devices Closure af business as a fesult of grave financial lose 5. Closure not due to losses 6 Disease a a 4 Q: What are the requirements for a valid dismissal? or mo ey CAUSES (283) TwoNolice Rule | A, Notice 10 (Before and After ‘employen 1 lvestigation) month betore instalation of a. Notice of the: Usp, charge Fetrenchment, or Notice that closure employee is Sui (after b. 4 month ‘hvostigation) advanced notice | to DOLE Investigation : Is the two-notice rule applicable if an Smployee te to be separated because of his disease? Explain A Yes. In Deoferio v. Intel (G.R._ No. 2098 June 18, 2074), the Court held that ihe employor ne! furnish the omployee two written, notices in terminations due 10 Giseece, namely: (1) the notlee to apprise the employeo. of the grauine for whiten his Usenssal ts sought, and” (2) the notice S: ; aan n nnn eaees@ Alleged losses and expected losses must be proven by Sufficient and ‘convincing evidence Financial documents, which are audited by he CA, are the normal and reviable method Of proof of the profit and loss performance of a GOCC. (NOC.GUTHRIE Piantations vs NLRC, GR. 110740, 2001). @: What are the requisites for an employer to justify or effect a valid redundancy program? A: 1. Awntten notice served on both the employees and the DOLE at least fone month prior to the intended date of retrenchment 2, Payment. of separation pay equivalent to at least one month pay fF at least one month pay for every Year of service, whichever is higher a. Good “faith in abolishing. the redundant positions: and 4. Foie and "reasonable. criteria in ascertaining what positions are to be declared redundant and accordingly abolished. (DAP v CA, Gre 165511, 2005), Q: How is the “last in first out” policy to be effected. ina. retrenchment or redundancy program? A: The decisions of the Suprome Court only posits the rule that seniority need not be Etrctly followed in effecting retrenchment oF tedundaney program and. should be Inekided in the fair and reasonable enters along with a) less-preferred. status (ve temporary employees), and») efficiency rating Q: What are the legal implications of an employee being on “floating status? JOR LAW PRE.WEEK REVIEWER A: Being placed on floating status is legal. t ‘means ‘waiting to be posted” However, this Status must not exceed 6 months. Otherwise, i would amount to constructive dismissal.” (Reyes vs. RP Guardians ‘Secunty Ageney. Ine). Q: May an employee ctaim ignorance of a company policy which was allegedly Violated and caused the employee's dismissal? A Yes. In order to be valid, a new company pelicy must be (1) reasonable, (2) made known to employees and (3) must be related 10 the work. The employee must prove that the policy was not made known to hinwher. Q: What is the effect of non-compliance with procedural due process when the dismissal is for just cause? A: No reinstatement, however the employer ‘will be imposed with sanctions and nominal damages, Hf the dismissal is based on a just cause but the employer failed to comply with the notice requirement, the sanction to be imporsd upon him should be tempered because the dismissal process was, in pilfoct, inated by an act imputable to the employee, Hence 30,000.00 nominal damages for non-compliance with due process, becaucn employee has committed the dismissal is based on an authorized cause but the employer failed to comply withthe notice requirement, the sanction should be stiler because the dismissal process ‘was initiated by the employer's exerese of his management prerogative. oe@ LABOR LAW PRE.WEEK REVIEWER 3. lear discrimination by the employer, which tenders employment unbearable to the employee, causing him to forego his current employment 4, Forced resignation to make it appear one @: Is the standards, MANAGEMENT | PREROGATIVE | imposition of productivity allowable practice? A Yes. An employer is entilod to impose productivity standards for its workers, and on-compliance may be visited with a penalty even more severe than demotion Q: What are other allowable exercises of management prerogative? A In the case of (Republic Pianter’s Bank v, NLRC, 1997), the Court ruled that it was valid for an eimployor to establish as policy that once an employee is found quilly of an administrative charge, he shall forfeit his onus in favor Of the employer However, as enunciated in (Sime-Darby | Pilimnas vs NLRC, 1998), management retains the prerogative to change the working hours of Ite employees whenever exigencies of the service 50 require, @: Can a new company policy employees hired before the effect the new poney? bina ity of A: Yes. A company policy partakes of the nature of an implied contract between the ‘employer and employee. Once an employer establishes an express personnel policy and the employee continues 10 work while the pokey remains in effect, the. policy Is deemed an implied contract far so fong 25 it femains Wreffect the employer unilaterally ‘changes the policy, the terms of the implied contract are also tereby changed. Hence | | given such nature. company personnel Policies create an bligation on the part of both the employee and the employer to aide by the same. (Abbot Laboratories v. ‘Aicaraz, G.R. No. 492571, 2013) A: Dos sale of stocks in a corporation terminate employment? A. No. There aro two types of corporate Dcquisitians: asset sales and stock sales ‘Asset Sale Tho corporate entity saligal or Substantial all of ite ascotstow. > another: We The coller in good foith is authorized affected employees, but is fable for the payment of The corporation continues to be the ‘employer of ite people and Mable for the payment of thelr Separation pay just claims, tinder the kaw “Ihe corporation or The buyer ingood | i najority faite not obliged ‘employes affected by the sale, nore it shareholders 3re corporate liable for tha ‘Smuubveds atssnnt Paymontofiner | justorauihonzed ‘laine. Iemay give preference tothe Qualtied separated ersonnelof the fe SCRA 35, 2013) on Sea eam onl® @: When does an LLO acquire legal personality? ‘A: (1) A federation, (2) national union, (3) industyltrade union center or (a). Independent’ “union acquires legal Personality upon issuance of the Certificate 6f Registration ‘A. ChapterfLoca/Charterad. Local acquires tentative legal personality to file a Petition for Cenificate Election (PCE) upon issuance of its Charter Cerificate, Al other rights are Vested upon the submission of (1). the names of the chapter's officers, their addresses, and the principal ofice and (2) the chapter's conetituton and by-laws @: What is the minimum membership requirement for an independent union to bbe valid’? A: The Labor Code merely requires 2 20% ‘minimum membership during the application tor union registration, It dos= not mandate that a union must maintain the 20% minimum. membership requirement all throughout ite oxistonce. (NAGA.PEMA ve WNASECO, GR. No. 165442, 2010) @: What are the grounds for 6: lunion registration? a 1. Misrepresentation, false. statement or fraud in connection with the adoption oF Fatifcation of the (a) constiition ang by laws or amendments thereto, _ (b) ‘minutes of ratification, “and (c) list of members who. took “part in the ‘alfication 2. Misrepresentation, false statements or fraud in connection with the (a) election of offizars, (0) minutes of the election of bificars, and (c) list of voters, 3. Voluntary’ dissolution by the members through a vate of al least 2/3 of its General membership ina meeting aly falled for that (Art, 247-248. LO) ncelling LABOR LAW PREWE @: When can Special Assessments and Extraordinary Fees be (a) levied and (D) checked off? ‘AA special assessment or extraordinary fee may be levied when authorized by a WRITTEN resolution of a MAJORITY of all the members ina general membership meeting July called for the purpose. The Secretary of the organization shall record the minutes of the meoting tnetuding the (a) Ist of all members present, (b) voles cast, (¢) purpose of the special assessment oF fees and (a) recipient of such assessment or fees The recard shall be allested to by he president A checkoff is a process whereby the employer, on agement with the EGR, eduels tinlon dues or agency fees trom the fatter’s wages and rrmits them directly to tha union” No. Special assessments, allomey’s fees, negotiation fees or any thor extraordinary fees may be may Be Checked off from any amount due to an 3. An INDIVIDUAL WRITTEN authorization uly signed by the employee b The “authorzation. should specifically stile the (1) amount, (2) purpase and (3) Beneticiary of me deduction wnat is A. Employees belonging to an appropriate Cov whovare not mambers of tha EBR may be assessed a reasonable fee equivalent to the duce and other feas paid by members of the unworn if such non-union members opt the ‘benefits cinder the collective Saree nent. Individual authorization shall not be recuited employees join a tabor organic have_a right NOT to A. Yes What the Constitution quarantees is the “employee who should decide for@ WW PRE.WEEK REVIEWER : Do alien employees have the right to selt-organization and join or assist labor unions” for purposes of collective argaining? A Yes. The following requisites must be present 2. The alien employee must have a valid working permit issued by DOLE, and b. The allon employee must be 8 national (of a country which grants the same or Similar tights to Filipino. workers. as Certified by DFA or which has ralified feither ILO Convention Na. BY or IO) Convention No. 98. What Is a Collective Bargaining Unit (eur A: A CBU is a group of employees sharing mutual interests within a given emplcyar Unit, comprised of all or fess than all of the fentiie body of employees in the employer unit” or “any specific occupation or Seographical grouping within stich employer luni (Rule 1, § 1(d), Omnibus Rules) : How is the CBU determined? determining the appropriate baroaining unt “The will of the employees (Globe Doctrine) 2. Affinity and_unity of the employees’ interest, such as substantial similarity of work and. duties, or similarity” of Compensation and’ working conditions (Substantial Mutuat Interests Rule) 3. Prior collectiva Bargaining history; and 4. Similarty of employment status, (imemational School Alliance of Educators v. Quisumbing, GR No. 128845. June 1, 2000.) Q: What is a Collective Bargaining Roreement or CRA? A. A CDA is executed upon the request of timer the employer “or the exclusive Bargaining representative incorporating into the agreament reached. after negotiations with respect to wages, hours of work, and Sl" other terms. and conditions — of ‘ompioyment, including the. mandatory provisions for “grievance and ‘arbitration nachinentes. (Davao Integrated Stevedoring Services v, Abarquez. GR. 102732, 1993). Q: What are the mandatory subjects of the CBA? a 2. Hour of Work 3. Other” Terms and Conditions of Employmant 4. Grievance procedure Where the subject of the dispute is a ‘mandatory bargaining subject, either party may bargain to an impasse a long a he bargains in good faith Whore the subject Is non-mandatory, a party may not insist on bargaming to the point of impasse His insistence may be Constnued a8 evasion of the duty to bargain. @: How cana legitimate _ tabor organization. become. the Exclusive Bargaining Representative!Agent? A: It has to be certified a euch through either 1'Sole and exclusive bargaining agent (SCBA) Certifiention proceeding applies to an unorganized establishment 2, Ceriification Election - the process of stermining, through saeret allo, the Sole and exclusive bargaining agent of fie employees in. an appropriate Ceo tnt, "Tor puneeae not wlinonly screed! Upon ty te pales ao he Entorrtton "oye La pa om® An employee who has been dismissed from ork But hae contested the legality of the Gismissal in a” forum ol appropriate juridieton at the time of the issuance of the order for the conduct of 2 certification Sloction ‘shall be ‘consklerod a qualfied Voter, unless hishher dismissal was declared Valid ina final judgment at the time of the Conduct of tre certifeation election, (0.0. No40-1-15) : Can probationary employees vote in a Serlification/consont election? A: Yes. All emplayeas in the appropriate bargaining unit, whether probationary or permanent are entitled to vote. (National Union of Workers In Hotels, Restaurant and Aled ° Indusiies-Manila Pavilion Hotel Chapter v. Secretary of Labor, July 3}, 2009) Q: What is the “double majority rule” A: For there to he a valkl certification flection, majorty of the bargaining unit must have voted AND the winning union must have gamered majonty of the valid voles 2: Isa certification election hold by a Iabor union, whose validity was being contested, valid? A: Yes. An order to hold a certification flection is proper despite the pendency of the patton for cancellanon of the {egistration certificate of the respondent inion. The rationale for th that at the time the respondent union hilad its petition, it Stil had. the legal personallly to perform Stich act absent an order divecting tho Cancellation, (Legends International vs feiusang Mangagawa, G2 No. 169754, 2011) : How long is the period of a bargaining Fepresentave's exclusive" bargaining statue? LABOR LAW PRE-WEEK REVIEWER A thebargaining union's exciisive Bargaining status '2 offactive only Tor tive years and ean be challenged within sixty (60) days prior to the expiration of the ERAS ist five yoars (Preedom Period}. (eve "capor “tinvon vs Sama- sanianghlagkakaisang Manggagawa, GR No.'176249, 2009) G: Does the Union have the authority to ‘compromise individual rights? A No. Absent @ showing of the Union's Special “authority lo_compromise the indiveluat claims of prlvate respondents for einstatement and backwages, there is No Yalid waver of the aforesaid agnts. (Golsen Donuts vs. NLRC, GR 1666-68, 2000) @: What are the jurisdictional Foquiremonts to trigger the duty to bargsin collectively? f possession of the status of majonty epresentation of the employees 2. Inet of majority representation 3. Demand to bargain (iok Loy vs. NLRC, (CR L54334, 22 January 1986) what ie the ait Surface Bargaining and BlueSky ing? A. Surface Bargaining means conducting a hogotiaiion process without any intent 40 Cantludle a CBA. Such intent can be derived from the totality of the party's words and actions either during or outside the actuat Bargaining process Blue Sky Bargaining refers to unrealistic bid unreagonable remands in negotiations Dy eliher or both labor and. management, her neither concedes anything ane ensinds tke “impossible. (Standard 20 nnn etn eee ee heeest® 5. Open Shop: union membership ts not a condition for employment Q: Can employees be exempted from a Union security clause? A: Yes. Republic Act No. 3350 allowed the employer to make an agreoment with a labor organization to require, a= a condition fof employment, “membership. therein AUT this agreement shall not include members of ny religious sects prohibiting artiiation of their members in any” such labor organization Q: Are “absorbed employees” considered as new employees under a Union Shop Clause, such that they may bbo required to join the union? If they fai to do so, may the union ask” the employer “to” terminate their employment? A: Yes. There are differences between (a) ew employees. who are hired as probationary” or temporary but later Fogularized, and (6) new employees who. by Virtue of a merger, are absorbed from ‘nother company as regular and permanent from the beginning of their employment vith the surviving corporation These diferences are too insubstantial to warrant the exclusion of the absorbed employees, fromthe application of the Unien Shop Clause. Non-compliancs with a union security Clause is a vald ground for an employee's ‘Sismiseal but stich a dismissal must stil bo Sone in accordance with due process. (BPI ve BPI Employees Union, GR. 164301 2013) Q: Isa union prohibited trom offering Shd agreeing to reduce wages and Bonetite of the employeor? 1 NO. The Labor ode pronibits elimination Oy diminution of benetite already being LABOR LAW PRE.WEEK REVIEWER enjoyed at the time of its promulgation. tt Goes not prohibit 9 union trom offering and Boreeing to reduce wages and benefits of the employees during’ CBA negotiations. Unsular Hotel Employees Union v. Watortiont, GR. 174040-41, 2010) The term "benefits” mentioned in the 9on- Gimmution rule refers to monetary benefits oF piviages given tothe employee wth monetary equivalents, This removed the Chairs provided to the employees from the purview of Article 100 of the Labor Coda (Royal Plant Workers Union vs. Coca-Cola Batons Philippines, inc-Cobu Plant, GR. 198783, 2013) : What is unfair labor practice? A: Unfair labor practices violate the constitutional tight of workers and employers to sell-organization, are inimical forthe legitimate interests of bots labor and management, including their right to bargain ollzctively and otherwise deat with each other in an atmosphere of freedom and util respect : 1s the commission of an unfair labor Practive. bya employer “subject 40 A: Yes. ULPs are criminal offenses against the State. However, no criminal prosecution may bo made vithout'a prior final judgment ina ULP administrative case @: Is a profit-sharing scheme nplemented only for managers and Supervisors a form of “discrimination Against rank and file employees? A No, The Court in (Wise and Co vs. Wise nd Co Union, GR 27672, 1989) ruled that thete could be no siserimination committed employees is different and distinct from the honanion employers. Discrimination per se fe not unlawful EE FT om renecccenaecececcaeaeeeeee eee ehee es!@ 2 valid purpose, conducted through neans not sanctioned by law 3. ECONOMIC STRIKE — one staged by workers. to force wage or other Seonemic concessions from the employer which he is ot required by Taw to. grant (Consolidated _ Labor Association of the Phi. vs. Marsman and Company, 11 SCRA 589) 4. ULP STRIKE — one called to protest Doainst the employer's acts of unfair labor practice enumerated in the Labor Code SLOWDOWN STRIKE — one staged wathout the workers uiting their work But merely. slackening or by reducing theirnormat werk output 6 WILD-CAT STRIKE — one declared and Mlaged without fling the required notice Of strike and without the majonty Qpproval of the recognized bargaining agent 7. Str GOWN STRIKE — one where the workers stop working but do not leave their place, Q: Is picketing legal if non-employees of the strike-bound employer participate the activity? A: Yes. Peaceful picketing may be legally fared out even in ihe absence of employer-employes. fatationship fort is Quaranteed under the freedom of speech Ghd of the press under tho Constitution Q: What are the requisites for a lawful lockout? A. A lockout is proper only when the following requisites are ret pM noties of intention to declare a lock-out has bean filed with tho DOLE 2. at least thity days has elapsed since ihe fling of the notice Dofore lock-out declared 3. an. impasse has resulted in the egotiations: and LABOR LAW PREWEEK REVIEWER, Ine lock-out is not discriminatory (San Pablo Oi! Factory v CIR. G.R. 14749, 2008) ©. When and under what circumstances Can the Secretary of Labor Issue an Sesumption of jurisdiction order? A The Secretary of Labor may issue an Cecumption af jrisdiction order when in his Ghanian there exists @ labor dispute causing Orkely to cause a strike of lock-out in an fidustry “indispensable to the national @: What are the legal offects of an assumption of jurisdiction order? 1A. the tegal effects ate the following { lautomatically enjoins. the intended or Impending strike or lock-out > lone has already. taken place, all “String oF locked-out employees shall immediately return to work and the Smpioyer shal immediately resume Sperations and readmit all workers tder the same terms and conditions prevailing belore the strike or lock-out 0: Is there a need to issue a return-to- Work order after the issuance of an SSsumption of jurisdiction order? A The moment the Secretary of Labor fssumes jurisdiction over a labor dispute in Sn indwstyy Indispensable to national Mierest, such assumption ‘shall have: the biiect of. automatically enjoining the ended or impending stuke It was not ilen necessary for the Secretary of Labor a vieeue another nitler directing them to ‘Sclimption order by the Seeretary of Labor Sotomatically caries with it a raturieto- ‘ore ts not expressly stated in the Sssuimption order (Telefunken emiconductors Union v CA, GR. 14303. 112000), ot®@ Q: If the picketing is peaceful and moving, can it still be declared as an Megat strike? A: Yes. Despite the validity of the burpose of a strike and complance with the. procedural requirements, a. strike may sii be held illegal where the means employed ate illegal Protected picketing Joos not extend to blocking ingress to and egress from the company premises, That the picket" was moving, was peaceful and was not attended by actual Violence may nat free it from taints of legality i the picket effectively blocked ‘entry {0 and ‘exit from the ‘company promises. (Phineo Industries, Ine. vs PILA, 628 SCRA 119, 2010) @: Can the union member who participated in an illegal strike claim backwages after having been Illegally dismissed due to such participation? A: No. Diemissad union members are not entitled to backwages but can be feinstated. First of all, an ordinary Striking worker cannot be terminated for mere participation in. an illegal stike There ‘must be proof that ho or she commited ilegal acts during the steko W there Is no clear proof that_union members actually participated inthe commission of illegal acts during stnika, thay are not deemed to have lost their ‘employment status ae consequence of a Geclaration of ilegnity of the strike. With Tepect to backwages, the principle of fain days wage for a fair days labor emaing as. the. basic “tacior in Setormining the awars thereof. (Abana NLRC. GR 194999. 2015) PROCEDURE AND — JURISDICTION | @: What are the various prescriptive periods for actions relating. to, labor disputes? A General Rule: 3 years from the time the Exception: ULP cases presenbe vathin 1 year fem acerual of such unfair labor practice @: Does the period of prescription in Article 201 of the Labor Code apply only to money claims so that the period of prescription for other cases of injury 10 tho rights of omployoos it governed by the Cwil Code? A. Yes. An action for einstatement for injury to an employee's rights praseribas in four (4) years a8 provided in Article 1146 of the Chal Code. A complaint founded on illegal dismissal is natan ordinary money claim but claim for reinstatement and action which may. be brought within Tour (a) years, (inion Phi Star’ Ngayon, “GR NB. Yrann9, 2014) Q: What is the difference between the jurisdiction of the Labor Arbiter and the Fegular RTC in relation te damage claims filed by employees? A: The Labor Arbiter has jurisdiction over flame for acral, moral, exomplary, and employer employee relations. (at 217 (a) (4) Lahor Code) @: Who has jurisdiction over money- claim "underpayment of retirement Re Money-ciainy underpayment of Totiremont benefits involves an issue arising fb provision of the. collective. bargaining Bareement which according 10 Atticie 207 of tive Labor Code falls within the original and S , om man nee ean nae eeeeeeOOeeeaeee HO Oi® agreement between the parties clearly Conferring jurisdiction tothe voluntary arbitrator’ ‘Sues agreement may be Stipulated ina collective bargaining agreement. However, in the absence» of 3 Collective bargaining agreement, tis enough that there i evidence on record ‘showing the partic have agrees to resort to voluntary arbitration.” Q: What are the instances when an order bf execution may be appealed? nN 1. when execuition becomes impossible ‘or unjust, it may. be modiied or altered on apneal to hharmonize the came with justice and the facts (Torres v3. NLRC, GR No. 407014, 2000) 2. Supervening events may warrant mosifieation in the execution of Judgment, as when reinstatement is no. longer possible because the position was. abolished as a cost Cutting’ measure due to tosses (bales vs. Philex Mining Corp. GR. 140974, 2002), 3. Where the writ is found defective exceeds oF varies the award andor ie irregutarly issued. (OB v “Union Bank, GR. No. 155838, 2004) 4, Whore there #6 wrongtul compurat of the award Q: What is the effect of NLRG reversal of the Labor fbiter's Order of Reinstatement? A: A dismissed employee whose case was favorably decided by the LA is entiled to feceive wages pending appeal upon feinstatement, which reinslalement is immediately “executory. “After the LA'S decision is reversed by a higher tibunsl. the employers duty to reinstate the dismissed employee ie effectively terminated. The employee, In turn, 1s not required te return the'wagas that No had received prior to Whe Teversal of the LA's decision. (Frovan M. EEK REVIEWER Beryonla, et al v South East Asian Airlines and irene Dornier, GR Ne. 195227, 2014) Q: What fe the exception to the above- mentioned rule? A. By way of exception, an employee may bel bared from collecting. the accrued Wages # shown that the delay in enforcing @ romnstatement pending appeal was. ‘oithout fault an the part of the employer and not when i was ue to the employer's Unjustiied actor omission (Frollan mM. Bergamo, etal v. South East Asian Arines ‘and tone Dornier, GR. Ne. 195227, 2074). G: Does the in pari deticto rule apply in labor disputes? A. Yes. As provided for by (Automotive Engine Rebuilders vs. Progresibong Unyon, GR 160138, 2011), the complaining ‘employees should be reinstated without hackaages, When management and union aie in pani dolicta, the contending parties fust_be brought ack to their respective positions belare the controversy: that i Before the strikes @: May a decision of the Labor Arbiter which has become final and executory be novated” through a” compromise agreement of the parties? A. Compromise agreement is encouraged Ane authorized by law Hence, wey may be Paecutor The valuily of the agreement 1s Gorrnined by. the compliance wih the Fequistes and principles of contract, and not boy the ima i wale entered into as provided bby the law on contracts, a.valid compromise must have the following elements: 1 the concent of the parties to the compramis [am objects certain that ie the subject established@ reconsideration of the same so that he can bring a special civil action. for certiorart before the Supreme “Court. (Phitranco Sorwce Enterpnses v. Phitranco Workers Union, GR. 180962, 2014) mae paeeaacanceeeenganeraceeeereerereeeer!