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B DANGAZO | J UNARCE

2F 2017-2018 GOLANGCO LABOR STANDARDS NOTES

—Labor Standards—
7. Is picketing a form of strike
It is not included in the 16 forms of strike (SEE LABREL
RECIT NOTES).

1987 CONSTI, ART. XIII, SECTION 3. The State shall afford full
Picketing is an act of marching to and fro the employer’s
protection to labor, local and overseas, organized and unorganized,
premises, usually accompanied by the display of placards and
and promote full employment and equality of employment
other signs making known the facts involved in a labor
opportunities for all.
dispute. This is an exercise of one’s freedom of speech.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
8. What is conciliation?
activities, including the right to strike in accordance with law. They
A process where a disinterested third party meets with
shall be entitled to security of tenure, humane conditions of work, and
management and labor, at their request or otherwise, during
a living wage. They shall also participate in policy and decision-
a labor dispute or in collective bargaining conference wherein
making processes affecting their rights and benefits as may be
by cooling tempers, aids the parties in reaching an agreement.
provided by law.
The State shall promote the principle of shared responsibility
9. What is charter?
between workers and employers and the preferential use of voluntary
10. What is capital?
modes in settling disputes, including conciliation, and shall enforce
11. Are all employees governed by LC? NO.
their mutual compliance therewith to foster industrial peace.
12. Article 4, how do you construe?
The State shall regulate the relations between workers and
The working man’s welfare should be the primordial and
employers, recognizing the right of labor to its just share in the fruits
paramount consideration
of production and the right of enterprises to reasonable returns on
investments, and to expansion and growth.
13. Who is an employer, worker, employee?
Employer – one for whom employees work and wo pays their
1. Labor laws? wages or salaries, any person natural or juridical, domestic or
Governs the rights and duties of employers and employees, foreign, who carries on in the Philippines any trade, business,
first with respect to the terms and conditions of employment, industry, undertaking or activity of any kind and uses the
and second with respect to the labor disputes arising from services of another person who is under his order as regards
collective bargaining respecting such terms and conditions the employment

2. Labor standards? Employee – any person who performs services for an


Deals with the minimum standards as to wages, hours of employer in which either or both mental and physical efforts
work and other terms and conditions of employment that are used and who receives compensation for such services,
employers must provide their employees where there is employer -employee relationship.

3. Labor relations? Worker – any member of the labor force, whether employed
Defines the status rights and duties as well as the institutional or unemployed
mechanisms that govern the individual and collective
interactions between employers, employees and their 14. Constitutional basis of the Labor Code ART. XIII, Sec. 3
representatives. 15. If the IRR conflicts with the Labor Code, what will prevail?
IRR. A rule or regulation promulgated by administrative
4. Difference between union and association LABREL body, such as the Department of Labor, to implement a law,
An independent union is a labor organization operating at the in excess of its rule-making power is void.
enterprise level whose legal personality is derived through
independent action for registration with DOLE OR BLR. 16. Does Article 6 apply to all workers? NO
EXCEPTIONS:
Worker’s association is an association of workers organized a. Corporate officers/Intra -corporate disputes
for the mutual aid and protection of its members or for any b. Employees of government -owned or controlled
legitimate purpose other than collective bargaining. corporations (GOCCs) created by special or
original charter.
5. Difference between organization and Association LABREL i. Corps with original charter refer to
Labor Organization is any union or association which exists corporations chartered by special law
in whole or in part for the purpose of collective bargaining from Congress. Subject to CIVIL
with employers for the terms and conditions of employment. SERVICE LAW
ii. As distinguished from corporations
Worker’s Association is organized for the mutual aid and organized our general incorporation
protection of its members. statute, the Corporation Code. Subject to
LABOR CODE
6. What is strike LABREL c. Local water districts, except where NLRC
Strike is a temporary stoppage of work by the concerted jurisdiction is involved
action of employees as a result of an industrial or labor d. Foreign governments
dispute. e. International Agencies

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2F 2017-2018 GOLANGCO LABOR STANDARDS NOTES

17. Requisites of a valid recruitment and placement? a. May a daughter of OFW be considered an Overseas
18. Powers of POEA Filipino in Distress
19. Does POEA have any judicial or quasi judicial powers i. Is it required that the child is residing abroad. YES.
20. Powers of BLE Overseas Filipinos- refer to migrant workers, other
21. Does the BLE have adjudicative power Filipino nationals and their dependents abroad.
22. Nature of complaint of POEA
23. What is direct hiring? b. Homesickness – OFD?
- Refer to workers directly hired by employers for overseas c. Child of OFW here in the PH? Not an Overseas Filipino
employment as authorized by the Secretary of Labor and d. Is it material where the dependent can be found? YES.
process by the POEA, including: Overseas Filipino covers only dependents abroad
- Those hired by international organizations
- Those hired by members of the diplomatic corps; and 34. Dependent of OFW killed someone, can legal assistance
- Name hires or workers who are able to secure overseas fund be used?
employment opportunities with employers without the 35. Primary functions of Legal assistance council?
assistance or participation of any agency 36. Can the council appeal?
No amount of the Legal Assistance Fund shall be disbursed
a. Why is it prohibited by law? for the appeal of cases except when the penalty meted is life
- To assure the best possible terms and conditions of imprisonment or death or under meritorious circumstances as
work to the employee determined by Undersecretary Migrant Workers Affairs
- To assure the foreign employer that he hires only
qualified Filipino worked 37. Guarantees to deploy workers abroad
- To insure compliance with the Labor Code provisions - It has existing labor and social laws protecting the rights
on the solidary liability of private employment and of workers including migrant workers
recruitment agencies with their foreign principal - It is a signatory to and/or a ratifier of multilateral
conventions, declarations or resolutions relating to the
b. Is it absolute? NO. protection of workers, including migrant workers
i. Exceptions: - It has concluded a bilateral agreement or arrangement
o Those hired by international organizations with the government on the protection of the rights of
o Those hired by members of the diplomatic corps overseas Filipino Workers
o Other employers as may be allowed by DOLE
o Name hires or workers who are able to secure a. Are these in the alternative? YES
overseas employment opportunities with
employers without the assistance or participation 38. What are the positive and concrete measures
of any agency Shall include legislative or executive initiatives diplomatic
negotiations, judicial decisions, programs, projects, activities
24. What is name hiring? and such other acts by the receiving country aimed at
A name hire is a worker who is capable to secure protecting the rights of migrant workers.
employment overseas on his own without the
assistance or participation of any agency or entity 39. Who determines receiving countries?
The DFA shall issue a certification that a receiving country
25. Differentiate between direct hiring and name hiring complies with any of the guarantees, and that the receiving
26. What is CFO country is taking such positive and concrete measures to
27. Powers of CFO protect workers
28. What is PESO? Public Employment Service Offices
29. Powers of PESO 40. If the country did not comply, is there liability? YES
30. What is RA 8042? Members of the POEA governing Board who allowed the
Migrant Worker’s and Overseas Filipinos Act of 1995 deployment without DFA certification shall suffer the
penalties of
31. Who is an overseas Filipino Worker? - Removal or dismissal from service with
refers to a person who is to be engaged, is engaged or has been disqualification to hold any appointive public office
engaged in a remunerated activity in a state of which he or for 5 years.
she is not a legal resident Any government official responsible for allowing the
deployment in direct contravention to POEA prohibition shall
32. Section 10 of RA 8042 as amended suffer the same penalties.
Money Claims.
41. Who can issue employment ban?
33. Overseas Filipino in distress POEA Governing Board after consultation with the DFA
Refers to an Overseas Filipino who has a medical, psycho-
social or legal assistance problem requiring treatment, a. How do we determine?
hospitalization, counseling, legal representation or any other In pursuit of national interest or when public welfare
kind of intervention with the authorities in the country where requires.
he or she is found

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42. Illegal recruitment definition b. Illegal Recruitment by a Syndicate – Illegal


Any act of canvassing, enlisting, contracting, transporting, recruitment committed by a group of 3 or more
utilizing, hiring or procuring workers, and includes referrals, persons conspiring and confederating with one
contract services, promising or advertising for employment, another in carrying out the act circumscribed by the
locally or abroad, whether for profit or not, when undertaken law.
by a non-licensee or non-holder of authority contemplated in
Art. 13(f) of the Labor Code. 45. Why are the 7 acts not included in the prohibited acts – will
affect penalties
43. What are the prohibited acts? 46. Penalty for simple illegal recruitment
It shall be unlawful for any individual, entity, licensee, or 12 years and 1 day to 20 years and a fine of 1M to
holder of authority: 2M
a. To charge or accept, directly or indirectly, any
amount greater than that specified in the schedule 47. X employed by Y, 2 year contract. After three months,
of allowable fees prescribed by the Secretary of employer increased salary not processed through POEA, valid?
Labor, or to make a worker pay any amount greater YES. Beneficial to employee.
than that actually received by him as a loan or
advance; 48. Penalties
b. To furnish or publish any false notice or a. What is the penalty if any if agency commits any
information or document in relation to recruitment of the 7 acts?
or employment; 6 years and 1 day to 12 years and 500T to 1M.
c. To give any false notice, testimony, information or
document or commit any act of misrepresentation 49. Who may be held liable for illegal recruitment?
for the purpose of securing a license or authority Principals, accomplices and accessories. In case of juridical
under this Code. persons, the officers having ownership, control, management
d. To induce or attempt to induce a worker already or direction of their business who are responsible for the
employed to quit his employment in order to offer commission of the offense and the responsible
him to another unless the transfer is designed to employees/agent thereof.
liberate the worker from oppressive terms and
conditions of employment; 50. Where should a complaint be filed?
e. To influence or to attempt to influence any person General Rule: POEA
or entity not to employ any worker who has not In regions outside the National Capital Region, may be filed
applied for employment through his agency; with the appropriate regional office of the POEA or DOLE
f. To engage in the recruitment or placement of
workers in jobs harmful to public health or morality The complains and reports receive by the DOLE shall be
or to the dignity of the Republic of the Philippines; endorsed to the POEA.
g. To obstruct or attempt to obstruct inspection by the After evaluation, POEA may endorse the case to the proper
Secretary of Labor or by his duly authorized prosecution office
representatives;
h. To fail to file reports on the status of employment, 51. What is the prescriptive period?
placement vacancies, remittance of foreign The prescriptive period of illegal recruitment cases is 5 years
exchange earnings, separation from jobs, except illegal recruitment involving economic sabotage which
departures and such other matters or information prescribes in 20 years.
as may be required by the Secretary of Labor.
i. To substitute or alter employment contracts 52. Prescription of economic sabotage? 20 years.
approved and verified by the Department of Labor a. Reckoning period?
from the time of actual signing thereof by the
parties up to and including the periods of 53. Can government agencies engage in recruitment and
expiration of the same without the approval of the placement?
Secretary of Labor; It shall be unlawful for any official or employee of the DOLE,
j. To become an officer or member of the Board of any the POEA, or the OWWA, or the DFA, or other government
corporation engaged in travel agency or to be agencies involved in the implementation of this Act, or their
engaged directly or indirectly in the management relatives within the 4 th civil degree or consanguinity or
of a travel agency; and affinity, to engage, directly or indirectly, in the business of
k. To withhold or deny travel documents from recruiting migrant workers.
applicant workers before departure for monetary
or financial considerations other than those 54. DOLE Janitor’s son-in-law, can he engage in recruitment
authorized under this Code and its implementing and placement
rules and regulations. a. What if the niece of Janitor applies for position of
Labor Arbiter
44. Economic Sabotage b. Daughter of NBI director
a. Large-Scale Illegal Recruitment – by 1 person or
with another person against 3 or more persons
individually or as a group;
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55. Who may institute criminal action? 68. Remedy of the owner of the building, against whom closure
The SOLE, the POEA Administrator or DOLE Regional order was issued?
Director, or their duly authorized representatives, or any Motion to lift/ Motion to reopen
aggrieved person, may initiate the corresponding criminal
action with the appropriate office 69. When should they file these motions?
Grounds for reopening the establishment
56. How is it instituted? - The office in not the subject of the closure order
57. Where should they file? - The contract of lease with the owner of the building or
File with the POEA a report or complaint in writing and the building administrator has already been cancelled or
under oath for assistance purposes. terminated
- Office is shared by a person/entity not involved in illegal
In regions outside the NCR, complaints and reports involving recruitment
illegal recruitment may be filed with the appropriate regional - Any other analogous ground, determined by POEA
office of the POEA or DOLE. Grounds for lifting a Closure Order
- The person/entity is later found our or has proven that it
The complaints and reports received by the DOLE shall be is not involved in illegal recruitment activities, whether
endorsed to the POEA for proper evaluation. directly or indirectly
- Any other analogous ground, determined by POEA
58. Who will conduct preliminary investigation?
Department of Justice 70. Where should they file?
To the agency who issued the closure order
59. Criminal aspect, who should file?
60. Is there a need for PI? YES. 71. If the motion is denied, what is the remedy?
61. Who may be held liable for illegal recruitment? Appeal to Secretary of Labor
Persons criminally liable for the offenses are the principals, - 10 days for Motion to Lift/ Motion to Reopen
accomplices and accessories. In case of juridical persons, the - 15 days for appeal of POEA decision re illegal
officers having ownership, control, management or direction recruitment
of their business who are responsible for the commission of
the offense and the responsible employees/agents thereof 72. Can they file an MR?
shall be liable. 73. What do you mean by joint and solidary liability?
Mutual Guaranty, and Mutual Agency
62. Who is an accomplice?
63. What are the agencies tasked to implement RA 8042 as a. Does it bind a corporation?
amended? YES. The liability of the principal/employer and the
DOLE, POEA, OWWA, DFA, DOJ, DOH, BI, IC, NLRC, recruitment/placement agency shall be solidary.
TESDA, CFO, NBI, PNP, MIAA, CAAP, and others.
b. Does it attach automatically?
64. Who may issue a closure order? YES. The liability shall be incorporated in the contract
POEA Admin, DOLE Regional Director for overseas employment and shall be a condition
precedent for its approval.
65. When can POEA issue a closure order
Two days from termination of surveillance. 74. Who has jurisdiction over monetary claims and damages?
LABOR ARBITERS, not just NLRC
a. Should there be a complaint involving illegal
recruitment? a. Who has appellate jurisdiction? NLRC
No, it may be based on a surveillance report, or Admin Case – File to POEA, against principal or
preliminary examination of the complainants. recruitment agency
Disciplinary Action – File to POEA, against worker
b. Can it be issued against a licensed agency?
No. What will be issued is Cancellation of License. 75. Powers and Functions of Migrant workers resource Center

66. How is the closure order implemented? 76. What is one country team approach?
With Sheriff assistance, by sealing and padlocking the All officers, representatives, and personnel posted abroad,
establishment and posting of notice of such closure in bold regardless of their mother agencies shall, on a per country
letters at a conspicuous place in the premises of the basis, act as one country team with a mission under the
establishment. leadership of the ambassador.

67. What is the effect of the closure order? 77. Liability of the accredited DOH clinic
Inclusion in derogatory record, and be disqualified/barred In case an OFW is found to be not medically fit within fifteen
from participation in the overseas employment program of (15) days upon his/her arrival in the country of destination,
the government the medical clinic or health facility that conducted the health
examination/s of such OFW shall pay for his/her repatriation

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back to the Philippines and the cost of deployment of such 86. Policy coverage? How much for each benefit?
worker. Shall be effective for the duration of the migrant worker’s
employment contract
Any DOH-accredited clinic which violates any provisions of
this section shall, in addition to any other liability it may have - Accidental death, with at least Fifteen Thousand United
incurred, suffer the penalty of revocation of its DOH States Dollars (US $15,000.00) survivor’s benefit payable to
accreditation if after investigation, the medical reason for the migrant worker’s beneficiaries;
repatriation could have been detected at the time of - Natural death, with at least Ten Thousand United States
examination Dollars (US$ 10,000.00) survivor’s benefit payable to the
migrant worker’s beneficiaries;
78. 12 days after deployment, employee was found to have - Permanent total disablement, with at least Seven Thousand
hepatitis thus repatriated, what is the liability of the clinic? Five Hundred United States Dollars (US$7,500) disability
Pay for his/her repatriation back to the Philippines and the benefit payable to the migrant worker.
cost of deployment of such worker. - Repatriation cost of the worker when his/her employment is
terminated by the employer without any valid cause, or by
79. Who is primarily liable of repatriation? the employee with just cause, including the transport of
shall be the primary responsibility of the principal, employer his/her personal belongings.
or agency that recruited or deployed him/her abroad. - Subsistence allowance benefit, with at least One Hundred
United States Dollars (US$100) per month for a maximum of
80. Does it apply regardless of reason of termination? YES. six (6) months for a migrant worker who is involved in a case
HOWEVER, after the worker has returned to the country, the or litigation for the protection of his/her rights in the receiving
principal or agency may recover the cost of repatriation from country;
the worker if the termination of employment was due solely - Money claims arising from employer’s liability which may
to his/her fault. be awarded or given to the worker in a judgment or
settlement of his/her case in the NLRC. The insurance
81. Kinds of repatriation coverage for money claims shall be equivalent to at least three
- Emergency Repatriation in cases of war, epidemic, disasters (3) months salaries for every year of the migrant worker’s
or calamities, natural or man-made, and other similar events, employment contract;
without prejudice to reimbursement by the responsible - Compassionate visit. When a migrant worker is hospitalized
principal or agency within sixty (60) days from notice and has been confined for at least seven (7) consecutive days,
- Mandatory Repatriation of Underage Migrant Workers he shall be entitled to a compassionate visit by one (1) family
upon discovery or upon being informed of the presence of member or a requested individual.
migrant workers whose actual ages fall below the minimum - Medical evacuation. When an adequate medical facility is not
age requirement for overseas deployment, the responsible available proximate to the migrant worker, as determined by
officers in the Foreign Service shall without delay repatriate the insurance company’s physician and/or a consulting
said workers physician, evacuation under appropriate medical supervision
- Other Cases of Repatriation in all cases where the principal by the mode of transport necessary shall be undertaken by the
or agency of the worker cannot be identified, cannot be insurance provider; and
located or had ceased operations, and the worker is in need - Medical repatriation. When medically necessary as
and without means, the OWWA personnel at the jobsite, in determined by the attending physician, repatriation under
coordination with the DFA, shall cause the repatriation in medical supervision to the migrant worker’s residence shall
appropriate be undertaken by the insurance provider at such time that the
migrant worker is medically cleared for travel by commercial
82. What is migrant workers loan? carrier.
- Pre-Departure Loans - refer to loans granted to departing
migrant workers covered by new contracts to satisfy their 87. Who has jurisdiction over insurance claims?
pre-departure requirements such as payments for Insurance commission
placement/processing fees, airplane fare, subsistence
allowance, cost of clothing and pocket money. 88. Who may engage in recruitment of Filipino workers for
- Family Assistance Loans - refer to loans granted to currently overseas employment?
employed migrant workers or their eligible 89. What are the requirements?
dependents/families in the Philippines to tide them over 90. What are other amounts are required to put up overseas
during emergency situations. employment?
91. Purpose of Escrow deposit?
83. Can the family of OFW avail such loan? YES. 92. Do they need to put up a security bond?
Family Assistance Loans for emergency financing assistance 93. Who are disqualified?
94. Mr. X, former govt employee who has committed graft and
84. What is compulsory insurance coverage? corruption, after serving his sentence he wants to put up a
Each migrant worker deployed by a recruitment/manning placement agency, is he qualified?
agency shall be covered by a compulsory insurance policy a. What if he was convicted for not filing his SALN
which shall be secured at no cost to the said worker. is he qualified?
95. What is the period of validity?
85. Who pays the premium? Recruitment/manning agency 4 years.
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not allow, directly or indirectly, the charging and


96. Distinctions of a provincial and regular license collection of recruitment/placement fee.
97. When should you file for renewal of license?
Within 3 months before the expiration of license 116. When can the agency charge the placement fee?
Only after signing the POEA approved contract.
98. What if Mr. X renewed only 1 month before expiration?
Allowed 117. Aside for placement fee, are there any fees that may be
99. When does POEA issue a provisional license? charged against the workers?
Within 5 working days from satisfaction of the post Documentation costs and Membership with Philhealth,
qualification requirements. PagIbig and SSS

100. If they upgraded to regular, do they acquire additional 4 118. Can a foreign principal be accredited in two or more
years? agencies?
No. Full term of regular license is 4 years from the date of 119. Can it transfer accreditation from one agency to another?
issuance of the provisional license Yes. To another licensed recruitment agency.

101. How does placement agency advertise job vacancies? 120. Requirements?
102. What is accreditation? - No downgrading of compensation
Refers to the grant of authority by the Administration to a - Transferee shall assume full and complete responsibility
foreign principal/employer to recruit and hire Filipino for all contractual obligations
workers through a licensed recruitment agency for overseas - Principal/employer must have no pending disciplinary
employment action case

103. Mr. X, has a prospective foreign principal not yet accredited, 121. Exclusive and original jurisdiction of POEA?
have numerous job orders not yet accredited, may he advertise? a. All pre-employment/recruitment violation cases
104. Mr. X have accredited foreign principals, he saw the which are administrative in character, involving or
publication ads but was not satisfied. Can he go directly to any arising out of violations of Rules and Regulations
newspaper publication to modify such ads? relating to licensing and registration, including
105. Why are foreign principals prohibited from directly refund of fees collected from the workers or
advertising? violation of the conditions for issuance of license or
106. Can Mr. X sell his license? authority to recruit workers; and
NO. No license shall be used, directly or indirectly, by any b. Disciplinary action cases and other special cases,
other person other than the one in whose favor it was issued, which are administrative in character, involving
nor at any place other than that stated in the license, nor may employers, principals, contracting partners and
such license be transferred, conveyed or assigned to any other OFWs processed by the POEA.
person or entity.
122. Give 3 grounds wherein a foreign principal can be subject
107. Mr. X sole proprietor died, can the wife take over the to sanction under POEA
business of recruitment? 123. Grounds for disciplinary action against OFW. See RULE V,
NO. The license of the sole proprietorship shall automatically POEA IRR
be revoked upon the death of the sole proprietor. 124. Can the POEA preventively suspend a license pending a
case in litigation?
108. When Mr. X died, he had 20 pending overseas workers for Yes. After submission of the Answer in accordance with sec.
deployment. What is the effect to the pending applications? 153 POEA IRR or the lapse of the period within which to file
an Answer and after the conduct of a hearing, the
109. The foreign principal wants to participate in the screening Administrator may issue an Order of Preventive Suspension
of the employees. Does he need to have authorization? in accordance with sec. 168 POEA IRR

110. What is the period for filing? 125. Mr. X filed for illegal recruitment, POEA ruled in his favor,
111. Is conducting recruitment activity outside the registered remedy of recruitment agency?
address allowed? 126. Where to appeal?
YES. By securing a Special Recruitment Authority Office of DOLE Secretary

112. What about putting up a satellite? 127. Reglementary Period


113. What about expansions of recruitment agency? Within 15 calendar days from receipt of a copy of the decision.
114. Limit of placement fee?
Charge must not be more than the equivalent to 1 month basic 128. Will the filing of appeal stay the execution of the judgment?
salary YES.
EXCEPT:
115. Exception for placement fee? - When the penalty imposed is suspension of license for
- Domestic Workers 12 months or more
- Workers to be deployed to countries where the - When the penalty imposed is cancellation of license; or
prevailing system, either by law, policy or practice do
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- When the penalty imposed is permanent 145. Is notification sufficient?


disqualification If transfer is within the region, YES.

129. Can you file and MR for a decision of Secretary of labor? In case of transfer to another region, and within fifteen (15)
NO. days prior to the date of transfer, the agency shall:
130. Order in which execution shall proceed for garnishment? a. Secure a clearance of no pending case from the
Sec 193 enumeration issuing Regional Office;
Execution shall proceed against the assets of the losing b. Notify the Regional Office which has jurisdiction
recruitment agency in the following order: over the new place of business;
a. Supersedeas bond c. Submit to the receiving Regional Office a
b. Escrow deposit clearance of no pending case, location map of
c. Personal property; and the new office and a copy of the contract of lease
d. Real property or certificate of ownership; and
d. Publish the new address for two (2) consecutive
131. May the agency just pay a fine instead of serving weeks in a newspaper of general circulation.
suspension?
132. Ground for preventive suspension? Sec 168 The receiving Regional Office must conduct an ocular
133. Can the POEA grant clemency to an OFW previously inspection of the agency’s new office to ensure compliance
penalized with disqualification? YES. with requirements.
Provided that any of the following exists
a. The offense committed does not involve a serious 146. Can he conduct recruitment elsewhere outside of place of
offense, or crime involving moral turpitude, business?
misrepresentation or theft The authority to recruit shall be valid nationwide
b. There is a settlement of claims or the complainant
has condoned the acts of respondent 147. What is authority to recruit?
Refers to a document issued by the Secretary through the
134. Who are covered by DO 141-14 Regional Director authorizing a person to conduct
Every person, partnership or corporation intending to engage recruitment activities for local employment on behalf of a
or engaged in the recruitment and placement for local private employment agency
employment through an agency
148. Is it different from a license?
135. Requirements? License refers to a document issued by the Secretary through
136. Who are disqualified? the Regional Director authorizing a person, partnership or
137. What if relative of law officer? corporation to operate a private employment agency
a. Up to what civil degree?
138. Can owners of Private Recruitment and Placement Agency 149. X issued a license, should he secure authority?
engage in subcontracting agencies? The authority to recruit may be issued together with the
139. Where to file application for PRPA? license by the concerned Regional/Field Office.
Filed in the Regional Office/Field Office having jurisdiction
over the place where the applicants intend to establish its 150. What is a special recruitment authority?
office. License to conduct recruitment activities outside its registered
address
140. Validity? 3 years from the date of issuance
151. What is the period of validity of SRA?
141. When can renewal be made? Valid for the date and venue indicated, unless extended,
YES. Not earlier than 60 days but not later than 30 days before modified or revoked by the Administration for violation of
its expiration the conditions for its issuance.

142. Can it be done one month after expiration? 152. X filed an application, but denied because he was
The filing of such application after the lapse of the prescribed previously convicted, does he have any remedy
period shall be subject to penalties as provided for in these APPEAL
rules.
153. Can you file an appeal?
143. Can X sell his license to another person? Yes. To the Office of the Secretary within 10 days from the
NO. The license or authority to recruit shall not be receipt of the order
transferred, conveyed or assigned to any person or entity
other than the one in whose favor it was issued. a. MR? Allowed. Second MR not allowed.

144. Can he change his address? 154. X hired janitor Y, 2 months in service, Y abandoned his job,
Yes. An agency intending to transfer to a new place of X demanded replacement.
business shall notify the Regional Office that issued the An employer shall be entitled to a replacement of worker
license within 15 days prior to the intended date of transfer. without additional cost or a refund of 75% of the service fee

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and transportation expenses subject to the following and colleges as visiting, exchange or adjunct professors
conditions: under formal agreements between the universities or
i. If the worker is certified by a colleges in the Philippines and foreign universities or
competent/government physician to be suffering colleges; or between the Philippine government and
from a medical or mental illness within one month foreign government: provided that the exemption is on
from the first day of work rendering him incapable a reciprocal basis; and
of discharging the minimum requirements of the - Permanent resident foreign nationals and probationary
job; or or temporary resident visa holders under sec 13 of the
ii. If the worker abandons the job, voluntarily resigns, Philippine Immigration Act of 1940.
commits theft or any other acts prejudicial to the
employer or his family within three months from 163. How about those excluded?
the first day of work a. Members of the governing board with voting rights
only and do not intervene in the management of the
If the request for a replacement is beyond the corporation or in the day to day operation of the
abovementioned periods, the employer shall pay an enterprise.
additional service fee as agreed by both parties. b. Corporate officers as provided under the
Corporation Code of the Philippines, Articles of
155. How much should be remitted by: Incorporation, and By-Laws of the Corporation
a. Seaman? 80% such as President, Secretary, and Treasurer.
b. Civil Engineer? 70% c. Those providing consultancy services who do not
c. Without board and lodging? 50% have employers in the Philippines
d. Intra corporate transferee who is a manager,
156. Rationale? executive or specialist as defined below in
157. When can a company employ an Alien? accordance with Trade Agreements and an
158. What is an Alien? employee of the foreign service supplier for at least
- A person belonging to a different country or nation, 1 year prior to deployment to a branch, subsidiary,
especially one who is not a naturalized citizen of the affiliate or representative office in the Philippines
country where they are living i. An Executive: a natural person within
the organisation who primarily directs
159. Who are required to get an AEP? the management of the organisation and
- All foreign nationals who intend to engage in gainful exercises wide latitude in decision
employment in the Philippines making and receives only general
supervision or direction from higher
160. Alien, visitation, need AEP? executives;
NO. Alien Employment Permit is one of the ii. A Manager: a natural person within the
requirements in the issuance of a work visa to legally organisation who primarily directs the
engage in gainful employment in the country. Not management of the
needed for tourists. organisation/department/subdivision
and exercises supervisory and control
161. What is gainful employment? functions over other supervisory,
- A state or condition that creates an employer-employee managerial or professional staff; does not
relationship between the Philippine based company and include first line supervisors unless
the foreign national where the former has the power to employees supervised are professionals;
hire or dismiss the foreign national from employment, does not include employees who
pays the salaries or wages thereof and has authority to primarily perform tasks necessary for the
control the performance or conduct of the tasks and provision of the service;
duties. iii. A Specialist: a natural person within the
organisation who possesses knowledge
162. Who are exempted from securing an AEP? at a advanced level of expertise essential
- All members of the diplomatic service and foreign to the establishment/provision of the
government officials accredited by and with reciprocity service and/or possesses proprietary
arrangement with the Philippine government knowledge of the organisation´s service,
- Officers and staff of international organizations of which research equipment, techniques or
the Philippine government is a member, and their management.
legitimate spouses desiring to work in the Philippines; e. Contractual service supplier who is a manager,
- All foreign nationals granted exemption by law; executive or specialist and an employee of a foreign
- Owners and representative of foreign principals whose service supplier which has no commercial presence
companies are accredited by the POEA, who come to the in the Philippines:
Philippines for a limited period and solely for the i. Who enters the Philippines temporarily
purpose of interviewing Filipino applicants for to supply a service pursuant to a contract
employment abroad; between his/her employer and a service
- Foreign nationals who come to the Philippines to teach, consumer in the Philippines:
present and/or conduct research studies in universities
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ii. Who enters the Philippines temporarily


to supply a service pursuant to a contract a. Why? Misrepresentation
between his/her employer and a service
consumer in the Philippines; 174. Ground for denial of application:
iii. Must be employed by the foreign service a. Misrepresentation of facts in the application;
supplier for at least one year prior to the b. Submission of false documents
supply of service in the Philippines. c. The foreign national has been convicted of a
criminal offense or a fugitive from justice in the
164. Wife of Diplomat wants to be a Ballerina instructor, is AEP country or abroad
required? d. Grave misconduct in dealing with or ill treatment
NO. There is no engagement of gainful employment. There is of workers; or
no creation of an employer -employee relationship e. Availability of a Filipino who is competent, able
and willing to do the job intended for or being
165. Why did DOLE distinguish those who are exempted from performed by the foreign national
those excluded? f. Worked without a valid AEP for more than a year
All foreign national excluded from securing AEP shall secure g. Application for renewal with expired visa or with
Certificate of Exclusion from the Regional Office temporary visitor’s visa
*fees forfeited
166. Is the exemption or exclusion automatic?
167. Who should secure the AEP? Foreign national or local 175. Grounds for cancellation/revocation of AEP
employer? a. Non-compliance with any of the requirements or
Foreign national conditions for which the AEP was issued;
b. Misrepresentation of facts in the application;
168. X -Chinese, entered into a contract with B company as c. Submission of falsified or tampered documents
Chinese interpreter for 5 years. How long is the validity of the d. Meritorious objection or information against the
AEP issued to him? employment of the foreign national
3 years. e. The foreign national has been convicted of a
The AEP shall be valid for the position and the company for criminal offense or a fugitive from justice in the
which it was issued for a period of 1 year, unless the country or abroad
employment contract, or other modes of engagement f. Employer terminated the employment of the
provides otherwise, which in no case shall exceed 3 years. foreign national
g. Grave misconduct in dealing with or ill treatment
169. Can AEP be processed subsequent to the hiring of the of workers; or
foreign national?
Newly hired or appointed officers may file the application for 176. Foreign national misrepresented civil status (single instead
new AEP without penalty thereof within 15 working days of married), is it a ground for denial of application?
after signing of contract or appointment. It depends.
- Misrepresentation of facts includes fraudulent
170. Before securing AEP can he sign the contract of misrepresentation that is a false statement that will have
employment? a negative effect in the evaluation of the application was
YES. If the commencement of employment is later than the made knowingly, or without belief in its truth, or
fifteen working days grace period the application for new recklessly whether it is true or false.
AEP may be filed before the commencement of employment
without penalty. 177. Foreign national has many creditors in China planning to
sue him, seek employment in the Philippines, denial of
171. X-Chinese after one year of employment was pirated to Y application?
company. What is the status of AEP? NO. Unless, act penalized or is criminally charged which
A change of position or employer shall require an application therefor makes him a fugitive from justice.
for new AEP.
a. Executive chef in Chinese restaurant, issue AEP?
172. What is the period of validity of AEP? b. Validity of AEP in stipulated contract is 5 years,
a. General Rule? 1 year (filing fee of 9k) allowed?
b. Exceptions? Not to exceed 3 years (+4k for every NO. must not exceed 3 years.
year or fraction of employment) c. Creditor filed a case, revocation of AEP? (civil,
debt of sum of money)
Renewal of AEP: filed not earlier than sixty days before NO. Case is civil in nature, not criminal.
expiration (permit fee of 4k for each year of validity or
fraction) 178. What is the remedy if AEP is denied?
- APPEAL to Secretary of Labor within 10 days from
173. Alien transfers to another job, new AEP or not? receipt of denial
Yes.Additional position in the same company or subsequent - MR allowed within 10 days from receipt of decision
assignment in related companies during the validity of an - 2nd MR not allowed
existing AEP will be subject to a publication requirement.
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Denial or Cancellation of AEP: Foreign national is disqualified o Provided further, annual income of SC does
to re-apply within 10 years if denial was due to: not exceed the latest poverty threshold as
a. Conviction of criminal offense or fugitive from determine by NSCB
justice in the country or abroad; or
b. Grave misconduct in dealing with or ill treatment 189. What if SC is employed for 3 months only, is the employer
of workers still entitled to reduction?
Barred for 5 years if due to misrepresentation of facts or No. Period of employment must be at least 6 months.
submission of falsified documents
Barred for 5 years if found to have filed fraudulent application 190. Is the senior ID necessary to avail of Privileges?
of AEP for three counts 191. Who is a disabled person?
Disabled persons are those suffering from restriction or
179. What is the penalty of an employer hiring an alien without different abilities, as a result of a mental, physical or sensory
AEP? impairment, to perform an activity in the manner or within
10k for every year or fraction thereof the range considered normal for a human being

An employer found to have failed to pay the penalty provided 192. Impairment?
herein shall not be allowed to employ any foreign national for Any loss, diminution, or aberration of psychological,
any position in the said company physiological, or anatomical structure or function

180. How about the foreign national (penalty)? 193. Disability?


10k for every year or fraction a. A physical or mental impairment that substantially
limits one or more psychological, physiological or
181. Who is a fugitive from justice? anatomical function of an individual or activities of
(a) a person committed a 'crime' or has been charged for the such individual;
commission thereof; and b. A record of such an impairment; or
(b) thereafter, leaves the jurisdiction of the court where said c. Being regarded as having such an impairment
crime was committed or his usual place of abode.
194. Handicap?
182. Penalties? Refers to a disadvantage for a given individual, resulting
Cancellation or revocation of AEP by regional director, motu from an impairment or a disability, that limits or prevents the
proprio or upon petition function or activity, that is considered normal given the age
and sex of the of the individual
183. Is one considered a fugitive from justice if it’s a civil case?
NO. 195. X had an accident losing his thumb, is he disabled?
He must be suffering from restriction to perform an
184. Meritorious objection activity in the manner or within the range considered
Any information/objection to the applicant of AEP which normal for a human being.
merits the denial of the application or cancellation of AEP
a. Is he a handicap?
185. What is a senior citizen? b. What if the thumb is not essential to his work, is
- Refers to any resident citizen of the Philippines at least he a handicap?
sixty years old c. Is he physically impaired? YES.
- It may apply to a senior citizen with “dual citizenship”
status provided they prove their Filipino citizenship and 196. Seaman (disabled, right limb), call center in the Philippines:
have at least six months residency in the Philippines a. entitled to employment?
YES
186. Should he/she be a resident of the Philippines? YES Qualified Individual with a Disability – shall mean
187. What are the privileges of SC? an individual with a disability who, with or
Under Art 11 Other Privileges without reasonable accommodations, can perform
a. Income Tax Exemption the essential functions of the employment position
b. Exemption from Training fees conducted by private that such individual holds or desires. However,
and government agencies consideration shall be given to the employer’s
judgment as to what functions of a job are essential,
188. What are the benefits of an employer for hiring a senior and if an employer has prepared a written
citizen? description before advertising or interviewing
Private entities that will employ senior citizens as employees applicants for the job, this description shall be
shall be entitled to: considered evidence of the essential functions of
- An additional deduction from their gross income, the job;
equivalent to fifteen percent (15%) of the total amount b. Still considered disabled? YES
paid as salaries and wages to senior citizens
o Provided, employment shall continue for a 197. What are the rights and privileges of a disabled person?
period of at least six months a. Equal opportunity for Employment – No disable
person shall be denied access to opportunities for
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suitable employment. A qualified disabled of the business entity: provided, however, that the
employee shall be subject to the same terms and employer first sought to provide reasonable
conditions as a qualified able-bodied person accommodations for disabled persons;
b. Sheltered Employment – the provision of h. Failing to select or administer in the most effective
productive work for disable persons through manner employment tests which accurately reflect
workshops providing special facilities, income- the skills, aptitude or other factor of the disabled
producing projects or homework schemes with a applicant or employee that such tests purports to
view to giving them the opportunity to earn a measure, rather than the impaired sensory, manual
living thus enabling them to acquire a working or speaking skills of such applicant or employee, if
capacity required in open industry any; and
c. Apprenticeship - means any training on the job i. Excluding disabled persons from membership in
supplemented by related theoretical instructions labor unions or similar organizations.
involving apprenticeable occupations and trades as
may be approved by the Secretary of Labor and 200. X -Delivery man, in one of his vacations, he lost his right
Employment. leg, employer could not find a vacancy, terminated
d. Eligible to become learners and apprentices employment, is there discrimination?
e. Right to organize NO. Employer first sought to provide reasonable
f. Right against discrimination from employment accommodations for disabled persons

198. What are the benefits of an employer who hires a disabled 201. X company (club) wants to employ a bouncer, can they place
person? in their ad, 20-25 year old male?
- Private entities shall be entitled to an additional YES.
deduction, from their gross income, equivalent to 25% of It shall be lawful for an employer to set age
the total amount paid as salaries to disabled persons limitations in employment if:
- Private entities that improve or modify their physical i. Age is a bona fide occupational
facilities in order to provide reasonable accommodation qualification reasonably necessary in the
for disabled, shall also be entitled to an additional normal operation of a particular business
reduction from their net taxable income, 50% of the or where the differentiation is based on
direct costs of the improvements or modifications reasonable factors other than age;
ii. The intent is to observe the terms of bona
199. Acts of Discrimination fide seniority system that is not intended
a. Limiting, segregating or classifying a disabled job to evade the purpose of this Rules.
applicant in such a manner that adversely affects iii. The intent is to observe the terms of a
his work opportunities; bona fide employee retirement or a
b. Using qualification standards, employment tests or voluntary early retirement plan
other selection criteria that screen out or tend to consistent with the purpose of this Rules.
screen out a disabled person unless such standards, Provided, that such retirement or
tests or other selection criteria are shown to be job voluntary retirement plan is in
related for the position in question and are accordance with the Labor Code, as
consistent with business necessity; renumbered and other related laws; or
c. Utilizing standards, criteria, or methods of iv. The action is duly certified by the
administration that: Secretary of Labor and Employment
i. have the effect of discrimination on the after consultation with the stakeholders
basis of disability; or in accordance with the purpose of this
ii. perpetuate the discrimination of others Rules.
who are subject to common
administrative control. b. Should they notify DOLE?
d. Providing less compensation, such as salary, wage YES. An employer who invokes the exceptions
or other forms of remuneration and fringe benefits, shall submit a report prior to its implementation to
to a qualified disabled employee, by reason of his the DOLE Regional Office which has jurisdiction
disability, than the amount to which a non-disabled over the workplace. The submission of the report
person performing the same work is entitled; shall be a presumption that the age limitation is in
e. Favoring a non-disabled employee over a qualified accordance with this Rules unless proven
disabled employee with respect to promotion, otherwise by the court.
training opportunities, study and scholarship Failure to submit said report shall give rise to the
grants, solely on account of the latter's disability; presumption that the employer is not allowed to set
f. Re-assigning or transferring a disabled employee to age limitation
a job or position he cannot perform by reason of his
disability; 202. Person (lost his right limb), clerk in a law firm – answer
g. Dismissing or terminating the services of a disabled phone calls, bring documents, do errands; discrimination?
employee by reason of his disability unless the 203. Person – join a union, in a wheelchair, discrimination?
employer can prove that he impairs the satisfactory 204. X – bus boy, injured, 3 years in the company, fixing stuff –
performance of the work involved to the prejudice packing etc., addicted to pizza, discrimination?
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205. What are the penalties for discrimination? d. Employers secure a work permit
- 1st violation: Not less than 50k-100k, imprisonment six
months to 2 years 211. When should a work permit be secured? When employer
- Subsequent violation: 100k-200k, imprisonment 2 years hires a child below 15 to work
to six years a. Is it absolute?
- Any person who abuses the privileges shall be punished NO. In public entertainment or information, no
with imprisonment of not less than six months or a fine permit needed for employment of spot extras or
of 5k but not more than 50k, or both, at the discretion of those being cast outright on the day of the filming
the court or taping.
- If corporation or any similar entity, officials directly - Employer shall file a notice with the Regional office
involved shall be liable where the work is to be performed that it will undertake
- If alien, he shall be deported immediately activities involving child work

206. Define: 212. What is hours of work?


a. Child – any person under 18 years old Includes:
b. Working Child – Any child engaged as follows: a. all time during which a child is required to be at a
i. in work or economic activity that is not prescribed workplace, and
child labor b. all time during which a child is suffered or
ii. When the child is below 15 years permitted to work. Rest periods of short duration
1. In work where he is directly during working hours shall be counted as hours
under the responsibility of his worked.
parents or legal guardian, and
where only members of the 213. Transportation time, is it considered hours of work?
child’s family are employed; Sleeping time as well travel time of a child engaged in public
or entertainment or information from his/her residence to
2. In public entertainment or his/her workplace shall not be included as hours worked
information
c. Child Labor – refers to any work or economic 214. Rules of hours of work?
activity performed by a child that subjects him to (a) For a child below 15 years of age, the hours of work shall
any form of exploitation or is harmful to his health not be more than twenty (20) hours per week, provided
and safety or physical, mental or psychosocial that the work shall not be more than four hours at any
development given day;
(b) For a child 15 years of age, but below 18, the hours of
207. 8 year old working for his parents’ sarisari store, is he a work shall not be more than eight hours a day, and in no
working child? case beyond 40 hours a week; and
Yes. He is directly under the responsibility of his parents. (c) No child below 15 years of age shall be allowed to work
between eight o’clock in the evening and six o’clock in
208. Minimum employable age and its exemptions the morning of the following day and no child 15 years
General Rule: no child below 15 years of age of age but below 18 shall be allowed to work between
Exceptions: ten o’clock in the evening and six o’clock in the morning
a. When the child works under the sole responsibility of the following day.
of his parents or legal guardian, provided that only
members of the child’s family are employed 215. What if Baste of Eat Bulaga was tasked to jump a 2-story
b. When the child’s employment or participation in building, but with safety gear; can his work permit be
public entertainment or information is essential, cancelled?
regardless of the child’s role This is one form of worst forms of child labor, it exposes a
child to physical danger, such as but not limited to dangerous
209. What if the parents work with 2 other friends, and 8 year old means of balancing, physical strength, or which requires
helps out? transport of heavy load. The Secretary of Labor may order the
210. Requirements or conditions of a working child immediate closure of the establishment if there is imminent
a. Hours of work danger to the life of the child in accordance with the
i. Below 15, not be more than 20 hours per occupational health and safety standards. An imminent
week, not more than 4 hours a day danger is a condition or practice that is reasonably expected
*not allowed from 8pm to six am to cause death or physical harm. (Golangco, 2017 Pre Bar
ii. 15-17, not be more than eight hours a Lecture)
day, and in no case beyond 40 hours a
week 216. What if Ryzza Mae has a 10 million income, can his parents
*not allowed from 10pm to six am buy a 5 million house with the same money?
b. The employment does not endanger the child’s life, No. Only 20% of Ryzza’s income will be used for the collective
safety, health and morals, nor impair the child’s means of the family. In this case, the amount spent by Ryzza
normal development Mae’s mother constitutes 50% of their income. Take note that
c. Provided with at least elementary or secondary the child’s income belongs to him. The parent is only tasked
education to administer the income. Only a certain portion thereof may
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be used for the collective means of the family. (Golangco, 2017 months, whether or not such practical training is
Pre Bar Lecture) supplemental by theoretical instructions.

217. Who administers the child’s income? 226. When can an employer hire a learner?
By both parents, in the absence of, or incapacity of either a. When no experienced workers are available;
parents, the other shall administer. In case both are absent, in b. The employment of learners being necessary to
accordance with order of preference on parental authority in prevent curtailment of employment opportunities;
the Family Code. AND
c. Such employment will not create unfair
218. Grounds for suspension or cancellation of work permit competition in terms of labor costs nor impair
a. Fraud or misrepresentation in the application for working standards.
work permit or any of its supporting documents
b. Terms and conditions have been violated 227. After expiration of learner’s agreement does the employer
c. Employer fails to institute measures to ensure the have the discretion to not hire the learner?
protection, healthy, safety, morals, and normal With an obligation to employ the learner as regular employee
development of the child if he desires upon completion of learnership
d. If the employer fails to formulate and implement a
program for the education, training and skills Learner is considered a regular employee if after 2 months of
acquisition of the child; or training and is terminated before the end of stipulated period
e. If a child is deprived access to formal, non-formal through no fault of the learner.
or alternative learning systems of education
228. What are green jobs?
219. How long is apprenticeship? 229. Incentives?
The period of apprenticeship shall not exceed six months 230. What is job start?
a. 400 hours or 2 months for trades or occupations DOLE’s program designed to enhance the employability of
which normally require a year or more for at-risk youth to improve their integration into productive
proficiency and employment.
b. 200 hours or 1 month for occupations and jobs
which require more than 3 months but less than 1 231. Is it similar to apprenticeship?
year for proficiency 232. What is the purpose of Jobstart?
To shorten the youth’s school to work transition
220. Is extension of period valid?
NO. Invalid apprenticeship (Atlanta v. Sebolino) a. Period?
Life Skills Training – 10 Days
221. What are the qualifications of an apprentice? Technical Training – up to 3 months
a. At least 15 years of age; 15 to 17 may be eligible only Internship – not more than 3 months or six hundred
in nonhazardous occupations hours
b. Physically fit for the occupation
c. Possess vocational aptitude and capacity for the b. Who conducts? DOLE shall be the executing
particular occupation agency, BLE project manager
d. Possess the ability to comprehend and follow oral
and written instructions c. Allowance?
Trainees – Daily training allowance determined by
222. Who can terminate an apprenticeship agreement? DOLE
Either party to an agreement may terminate after the Internship – Daily stipend of not less than 75% of
probationary period only doe a valid cause minimum wage

223. Is an apprenticeship valid if there is no compensation? d. Exceeds 3 months, considered a regular


YES. When training on the job: employee?
i. Is required by the school curriculum as a 233. Is an employer required to execute a contract agreement
prerequisite for graduation or with the trainee?
b. For taking a government board exam 234. Remedies applicable to the employer?
235. Allowed absences in the program? (Training)
224. Do you need the approval of the DOLE? 236. Composition of the Grievance committee
The Secretary of Labor and Employment through the Officials and representatives of the concerned DOLE regional
Apprenticeship Division, may authorize the hiring of and field offices, and PESOs which have jurisdiction over the
apprentices without compensation. concerned establishments.

225. Who is a learner? 237. Dispute on trainee


A person hired as a trainee in industrial occupations which Initial responsibility of the Grievance Committee
are non apprenticeable and which may be learned through
practical training on the job for a period not exceeding three 238. Are there any incentives to employer for participating?
239. Administrative fee?
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240. Training grant? 249. Why are managerial employees not entitled to the benefits?
241. In Francisco v NLRC, what is the two tiered test? They are employed by reason of their special training,
i. The putative employer’s power to control experience, or knowledge. Therefore, the value of their work
employee with respect to the means and methods cannot be measured in terms of hours
by which the work is to be accomplished; and
ii. The underlying economic realities of the activity 250. Types of Managerial employee?
or relationship 251. X is head of accounting department required to log in and
out, works for 8 hours, supervises 5 -6 employees, assess and
b. What are the guidelines? 7 economic realities rate subordinates, recommends disciplinary action. Is he a
managerial employee?
242. Four Fold Test? Yes. Authority requires use of independent judgment
a. Selection and engagement of the employee
b. Payment of wages 252. Define:
c. Power of dismissal; and a. Domestic helper
d. Power to control i. Perform services in the employer’s home
which are usually necessary and desirable for
243. Which test do you apply? the maintenance or enjoyment thereof
Four-fold, unless facts very similar to Francisco. ii. Minister to the personal comfort, convenience
or safety of the employer’s household
244. Differentiate SONZA and DUMPIT Murillo
245. Benefits provided in Title I, Book 3 b. Field personnel
a. Regular working hours i. Who regularly perform their duties away
b. Regular working days from the principal place of business or branch
c. Regular meal periods office of the employer; and
d. Overtime work ii. Whose actual hours of work in the field
e. Night-shift differential pay cannot be determined with reasonable
f. Compensation for holiday work certainty
g. Additional compensation on scheduled rest day,
Sunday or special holiday work 253. What is normal hours of work?
h. Service incentive leave Shall not exceed 8 hours a day
i. Share in the collected service charges
254. How do we compute this 8 hours?
246. Who is a managerial employee? 255. Do we observe the 8 hours rule in hospital?
Art 82 – one whose primary duty consists of the management Yes for 5 days a week, or 40 hours a week.
of the establishment in which they are employed or of a In case of exigencies, they may work for 6 days or 48 hours
department or subdivision thereof and to other members of (plus at least 30% of regular wage on 6th day)
the managerial staff.
Art. 219 – one who is vested with the powers or prerogatives 256. Mr. X clerk of company Y, 8 am -6pm. How many hours
to lay down and execute management policies and/or hire, worked?
transfer, suspend, lay-off, recall, discharge, assign or Nine hours.
discipline employees.
257. Is the meal period compensable?
a. Supervisory employee? a. General Rule: Not compensable.
Those who, in the interest of the employer, Except: where during the so called meal period, the
effectively recommend such managerial actions if laborers are required to standby for emergency
the exercise of such authority is not merely work, or said meal hour is not one of complete rest,
routinary or clerical in nature but requires the use such period is considered overtime.
of independent judgment
258. X -Company driver, task is to drive employer from house to
247. Difference of supervisor to a manager art 219 work required to wait until end of employer’s work. X sleeps
248. Characteristics of a manager while waiting, is it considered hours work?
a. Primary duty consists of the management of the Yes. Waiting time is considered hours worked if:
establishment a. Waiting is an integral part of his work
b. Customarily and regularly direct the work of two b. The employee is required or engaged by the
or more employees therein employer to wait; or
c. Have the authority to hire or fire other employees c. When employee is required to remain on call in the
of lower rank; or their suggestions and employer’s premises or so close thereto that he
recommendations as to the hiring and firing and as cannot use the time effectively and gainfully for his
to promotion are given particular weight own purpose.

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259. Brownout, lasted for 4 hours. Company told them that they 267. Who determines rest day? Employer.
can do whatever they want but not leave the office. Is it
considered hours work? 268. Can an employee waive his right to overtime pay?
LABOR CODE IRR: The time during which an employee is General Rule: Overtime pay cannot be waived expressly or
inactive by reason of interruptions in his work beyond his impliedly. Any contrary stipulation is null and void.
control shall be considered time worked either if the Except:
imminence of the resumption of work requires the 1. When the waiver is made in consideration of
employee’s presence at the place of work or if the interval is benefits and privileges which may be more than
too brief to be utilized effectively and gainfully in the what will accrue to them in overtime pay, and
employee’s own interest. 2. Compressed work week

DOLE Policy Instruction No. 36: 269. Can an employee be compelled to render overtime?
Brownouts running for more than 20 minutes may not be General Rule: No.
treated as hours worked provided ANY of the ff are present: Except:
a. The employees can leave their workplace or go i. When the country is at war or when any other
elsewhere whether inside or outside the work national or local emergency has been declared by
premises; OR Congress or Chief Executive;
b. The employees can use the time effectively for their ii. When it is necessary to prevent loss of life or
own interest property or in case of imminent danger to public
safety due to an actual or impending emergency on
260. CBA negotiations? the locality caused by serious accidents, fire, flood,
Generally, not compensable. typhoon, earthquake, epidemic or other disaster or
calamity;
261. What is CWW? iii. When there is urgent work to be performed on
Compressed work week – an alternative arrangement machines, installation or equipment, in order to
whereby the normal workweek is reduced to less than 6 days avoid serious loss or damage to the employer or
but the total number of normal hours per week remains at 48 some other cause of similar nature;
hours. iv. When the work is necessary to prevent loss or
damage to perishable goods;
a. Requirements? v. Where the completion or continuation of the work
i. It is expressly and voluntarily supported started before the 8th hour is necessary to prevent
by majority of the employees affected serious obstruction or prejudice to the business or
ii. If work is hazardous, a certification is operations of the employer.
needed form an accredited safety
organization or the firm’s safety Any employee required to render overtime work
committee under this Article shall be paid the additional
iii. DOLE is duly notified compensation

262. IF CWW exceeds 10 hours, entitled to pay? 270. How is premium pay computed?
a. Do we add 25% premium? 200% of regular wage if worked.
Will not be compensable by overtime premium,
provided the total number of hours worked per day 271. What is holiday pay?
shall not exceed 12 hours. Payment of the regular daily wage for any unworked regular
holiday.
263. Can the employer do it unilaterally
No. Must be supported by majority of employees 272. What if the employee is absent the day before?
Successive Regular Holidays:
264. Do they need to notify DOLE. YES. To be entitled to two successive holidays, the employee must:
1. Be present on the day immediately
265. Night Shift Differential preceding the first holiday; OR
Additional compensation of not less than 10% of an 2. Be on leave with pay
employee’s regular wage for every hour worked between
10pm -6am 273. How many regular holidays? 12
274. How many special days?
266. Overtime work? a. Nov 1
Additional compensation for work performed beyond 8 b. Dec 31
hours within the worker’s 24-hour workday regardless c. Ninoy Aquino Day (Monday nearest August 21)
whether the work covers 2 calendar days. d. Other days declared by law, or ordinance

a. How to compute?
+25% on regular work day
+30% on special holiday or rest day

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275. Regular holiday v. Special Day 281. Are establishments required to put up lactation stations?
RH: Compensable even if not worked Yes.
SD: Not compensable if unworked a. Exemptions?
Any of the ff conditions are met at the time of
RH: Limited to the 12 enumerated application, and provided further that no female
SD: list not exclusive clients visit/transact with the establishment:
1. Establishments with no nursing or
RH: 200% lactating employee;
SD: 130% 2. Establishment with no pregnant
employee
276. Are monthly paid employees entitled to holiday pay?
Yes. The divisor assumes an important role in determining b. Nursing employees?
whether or not holiday pay is already included in the monthly Any female worker, regardless of employment
paid employee’s salary status, who is lactating or breastfeeding her infant
and/or young child.
277. What are the divisors indicating inclusion of legal holidays?
Six Day Working Sched: 314 282. Measures under 184 -17 (long hours sitting)
Five Day Working Sched: 261 283. Criteria used on employer on withdrawal of benefits
284. What is company practice
278. Define: 285. Gratuity Pay
a. Service Incentive Leave Something given freely or without recompense to reward
A 5 day leave with pay for every employee who has employees who have rendered satisfactory and efficient
rendered at least 1 year of service service to the company
b. Wages
The remuneration or earning, however designated, 286. Bonus
capable of being expressed in terms of money, The amount granted and paid to an employee for his industry
whether fixed or ascertained on a time, task, piece, and loyalty which contributed to the success of the
or commission basis or other method of calculating employer’s business and made possible the realization of
the same profits.
c. Facilities
Shall include all articles or services for the benefit 287. If bonus ripened into a company practice, can it be
of the employee or his family but shall not include unilaterally withdrawn?
tools of the trade or articles or services primarily for No.
the benefit of the employer or necessary to the General Rule: Bonus is not demandable as a matter of right
conduct of the employer’s business Except:
a. When it was promised to be given without any
i. Requirements for it to be deductible conditions imposed for its payment in which case it
1. Proof must be shown that such is deemed part of the wage; and
facilities are customarily b. When it has ripened to practice
furnished by the trade
2. The provision of deductible 288. How can you say it has ripened?
facilities must be voluntarily 289. Any limitation to the wages?
accepted in writing by the Legal prohibitions:
employee; and a. Diminution of wages
3. The facilities must be charged b. Interference by the employers in the employee’s
at fair and reasonable value disposition of their wages
c. Payment of wages in night and day clubs, bars, and
279. Commission v. Allowance other similar places; and
Commission – a direct remuneration received by an agent, d. Payment of wages in non-cash form.
salesman, executor, broker, or trustee calculated as a
percentage on the amount of his transactions or on the profit 290. When is a bonus enforceable and demandable?
of the principal. 291. Under Art 106, explain the trilateral relationship
Under legitimate contracting, the ff contracts exist:
Allowances – are the amounts of money, which are not part a. Contract for specific job, work or service – between
of wages, but are given in consideration of certain expenses the principal and the contractor/subcontractor; and
like transportation and representation b. Contract of employment – between the
contractor/subcontractor and its workers.
280. Lactation Stations
Private, clean, sanitary, and well-ventilated rooms or areas in 292. Nature of relationship between the employee and principal.
the workplace or public places where nursing mothers can No privity of contracts.
wash up, breast feed or express their milk comfortably and
store it afterward.

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293. Requirements for legitimate contracting 302. X agency has a handful of service agreements, 5 are
a. The contractor must be registered, and undertakes subsisting, however DOLE found X to be engaging in labor-
to perform a job, work, or service free from any only contracting. What happens to the 5?
control and direction of the principal. Cancellation of registration will not impair the validity of
b. Has substantial capital and/or investment existing legitimate job-contracting arrangements. Any valid
c. Service agreement ensures compliance with all the and subsisting Service Agreement shall be respected until its
rights and benefits under Labor Laws. expiration.

294. What is in-house agency? 303. X company filed for bankruptcy. Between creditors (specific
Refers to a contractor which is owned, managed, or controlled properties have been earmarked for them), unpaid taxes,
directly or indirectly by the principal or one where the preferred mortgage, and employees, which will be satisfied
principal owns/ represents any share of stock, and which first?
operates solely or mainly for the principal Specially preferred credits must be discharged first out of the
proceeds of the property to which they relate, before ordinary
295. What is a cabo? preferred creditors may lay claim
Refers to a person or group or to a labor group which under
the guise of a labor organization, cooperative or any entity, Tax claims of the government have overriding preference
supplies workers to an employer, with or without any under the Civil Code
monetary or other consideration, whether in the capacity of
an agent of the employer or as an ostensible independent Worker’s preference under Article 110 is an ordinary
contractor. preferred credit.

296. When is there labor only contracting? 304. In Article 111, 10% is based on what?
Refer to an arrangement where the alleged contractor recruits Amount of wages recovered.
and supplies workers to a client/principal where:
305. Mr. X complaint for illegal dismissal, underpayment of
TWO MODES wages (1 month) + non-payment (2 months). Where do we apply
a. The contractor does not have substantial capital or the 10%?
investments AND employees recruited and placed In cases of unlawful withholding of wages, xxx 10% of the
are performing activities which are usually amount recovered.
necessary or desirable to the operation of the
company; or 306. Aside from those enumerated under Art 112, when can an
b. The contractor does NOT exercise control over the employer deduct without consent of employee? (7)
performance of the work of the employee. 307. X, employee of Y, has a debt to A, neighbor of Y. Can A ask
Y to deduct the wage of X?
297. Illicit forms or Labor Only contracting? Cf. Sec. 6, DO 174-17 a. Does A need the consent of X to deduct? YES.
b. What if the debt has become due and demandable
298. Effect if contractor is found engaged in LOC and instead of A, Y is the creditor?
The principal shall be deemed the employer of the contractual Authorized by law: In cases where the employee is
employee and shall be directly liable, solidary with indebted to the employer where such indebtedness
contractor. has become due and demandable (NCC art. 1706)

299. Are the employees of the legitimate contractor entitled to 308. Can Agency fee be deducted without the consent of the
separation pay? On what grounds? employee? YES.
Yes. However, principal is not liable for its payment to
employees who are illegally dismissed as such is punitive in 309. What is an Agency Fee?
character. Only the contractor shall be liable. Counterpart of union dues, same agency benefits

300. Do rules under DO 174-17 apply to BPO? 310. Powers and Functions of NWPC
DO 174-17 do not apply to: a. To act as the national consultative and advisory
a. Information technology enabled services body to the president of the PH and the congress on
b. Construction companies matters relating to wages, income and
c. Private security agencies productivity;
d. Other contracting relationship b. To formulate policies and guidelines for the
e. Contracting out to professionals determination of appropriate minimum wage and
productivity measures at the enterprise, industry
301. In an action for illegal dismissal, should the principal be and national levels;
impleaded. c. To prescribe rules and guidelines for the
No. Unless labor only contracting then principal is solidarily determination of appropriate minimum wage and
liable. productivity measures at the regional, provincial or
industry levels;
d. To review regional wage levels set by the Regional
Tripartite Wages and Productivity Boards to
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determine if these are in accordance with the Within 30 days after conclusion of the last hearing, the Board
prescribed guidelines and national development shall decide on the merits of the petition, and where
plans appropriate, issue a wage order establishing the regional
e. To undertake studies, researches and surveys minimum wage rates to be paid by employers, which shall in
necessary for the attainment of the functions and no case be lower than the applicable statutory minimum wage
objectives, and to collect and compile data and rates.
periodically disseminate information
f. To review plans and programs of the RTWPB to The Wage Order may include wages by industry, province or
determine whether these are consistent with the locality as may be deemed necessary by the Board: provided
national development plans; that such wage rates shall not be lower than the regional
g. To exercise technical and administrative minimum wage rates unless expressly specifies in the Wage
supervision over the RTWPBs; Order.
h. To call from time to time a national tripartite
conferences 316. Frequency of issuance?
i. To exercise such powers and functions as may be A wage order issued, may not be disturbed. For a period of 12
necessary to implement this act. months from its effectivity and no petition for wage increase
shall be entertained during said period.
311. RTWPB – Powers and functions?
a. To develop plans, programs and projects relative to 317. Is inflation a ground for issuance of a wage order not in
wages, incomes and productivity improvement for accord with the proper frequency?
their respective regions; EXCEPTIONS:
b. To determine and fix the minimum wage rates a. When the congress itself issues a law increasing the
applicable in their regions, provinces or industries wages
therein and to issue the corresponding wage orders b. Supervening conditions, such as extraordinary
subject to the guidelines set by the Commission; increases in prices of petroleum products and basic
c. NWPC (e) goods/services.
d. To coordinate with RTWPB as may be necessary;
e. To receive, process and act on applications for 318. Does the current wage order cover all employees?
exemptions from prescribed wage rates as may be Apply to all minimum wage earners in the private sector in
provided by law or any wage order; the region, regardless of their position, designation or status
f. To exercise such other powers as may be necessary of employment and irrespective of the method by which they
are paid.
312. Does RTWPB exercise adjudicatory powers?
a. Contempt? It shall not cover kasambahay/domestic workers; persons in
313. What is wage order? the personal service of another and workers of duly registered
It establishes minimum wage rates to be paid by employers in Barangay Micro Business Enterprises.
the region.
a. Are bus drivers and conductors covered?
It is an order issued by the RTWPB whenever the conditions b. What is a piece rate worker?
on the region so warrant after investigating and studying all
pertinent facts and based on the standards and criteria 319. NCR wage order- what is minimum wage?
prescribed by the labor code. 512.00 including 10.00 COLA

314. Who issues wage order? RTWPB 320. Who are establishments in distress?
a. Procedure of issuance, discuss. They are employees of establishments in distress.
The RTWPB shall investigate and study all FULL – deficit amounts to 20% or more of paid-up capital
pertinent facts. The RTWPB shall conduct public BANK- if under receivership or liquidation
hearings/consultations, giving notices to Corporations and partnership under corporate
employees’ and employer’s groups, provincial, city rehabilitation
and municipal officials and other interested parties.
Within 30 days after the conclusion of the hearings, a. Is distressed employee exempted from minimum
the board shall decide on the merits of the petition. wage?
Afterwhich, the same shall be publicized in a No.
newspaper of general circulation. It shall take effect 1. The wage order requires that the
after 15 days from its complete publication. The establishment shall file an application
board shall furnish a copy of the wage order to the for exemption from the wage order
NWPC. 10 days after the issuance, the Board shall along with supporting documents
prepare its IRR subject to approval by the SOLE. before the RTWPB. The establishment
shall notify the DOLE RO having
315. How does RTWPB come up with the wage order? jurisdiction over the workplace of the
The Board is required to conduct a PUBLIC hearing over a pendency of the application.
petition for a wage order. 2. The application shall be acted on within
45 days from the date of filing.
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324. 4 elements of wage distortion?


Subject to requirements, the following are a. Significant change or increase in the salary rate of a
exempted: lower pay class without corresponding increase in
i. Distressed establishments the salary rate of a higher one;
ii. Retail/Service establishments employing b. Existing Hierarchy of positions with corresponding
not more than ten (10) workers salary rates;
iii. Establishments adversely affected by c. The elimination of distinction between the two
natural calamities such as natural and/or groups or classes; and
human - induced disasters. d. The distortion exists in the same region of the
country.
Exemption granted to a distressed principal shall
not extend to its contractor in case of contract(s) for 325. Bankard Case - No wage distortion as the employees were
construction, security, janitorial and/or similar classified by rank and not by seniority
services with respect to the employees of the latter
assigned to the former 326. PI manufacturing Case - Increase in the CBA was more than
enough compliance with the wage law
EFFECT OF DISAPPROVED APPLICATION –
covered workers shall be paid mandated wage, 327. Who has jurisdiction over wage distortion disputes?
increase/allowance as provided for under the rule Any dispute as a result of the wage distortion shall depend
to the date of effectivity, plus simple interest of 1% WoN it is an established or unestablished workplace:
per month.
ESTABLISHMENT W/ UNION:
321. Quasi-judicial power? Any dispute arising from the correction of wage distortion
The NWPC guidelines allow any party aggrieved by a wage should be resolved through grievance procedure under their
order to appeal the same to the NWPC through the board CBA
within 10 days from the issuance of the wage order.
If the dispute remains unresolved, it shall be resolved through
322. Methods used in fixing the current wage order voluntary arbitration.
2 METHODS
a. Floor-wage method- involves the fixing of a ESTABLISHMENT WITHOUT UNION:
determinate amount to be added to the prevailing Any dispute arising therefrom shall be settled through the
statutory minimum wage rates National Conciliation and Mediation Board (NCMB)
b. Salary-cap or Salary Ceiling- method where the
wage adjustment is to be applied to employees If it remains unresolved after 10 days of conciliation, it shall
receiving a certain denominate salary ceiling. be referred to the NLRC.

Criteria? For non compliance


i. The demand for living wages Complaints for non-compliance of wage orders shall be filed
ii. Wage adjustment vis-à-vis the consumer with the Regional Office of the Department having
price index jurisdiction over the workplace and shall be subject to the
iii. Cost of living and changes or increases mandatory 30-day conciliation and mediation process under
therein; the SEnA. If such mediation fails, then it becomes subject of
iv. The needs of the workers and their the enforcement proceedings under ART 128 and 129 of the
families; LC.
v. The need to induce industries to invest in
the countryside; 328. Distinctions between Art. 37 and 128 of the Labor Code
vi. The improvements of the standards of a. Article 37 – inspection of recruitment and
living; placement activities
vii. The prevailing wage levels; b. Article 128 – enforcement of labor legislation
viii. Fair return of the capital invested and
capacity to pay of employers; 329. What is a compliance order?
ix. Effects on employment generation and Means to exercise enforcement power.
family income; and
x. The equitable distribution of income and Enforcement power- the power of the Secretary of Labor to
wealth along the imperatives of compel employer to comply with labor standards upon
economic and social development finding of violations discovered in the course of the exercise
of the visitorial power.
323. Wage Distortion?
A situation where an increase in prescribed wage rates results 330. What are the other orders the SOLE can issue?
in the elimination or sever contractions of intentional a. Writs of Execution
quantitative differences in wage or salary rates between and b. Work stoppage/Suspension of operations
among employee groups. c. Conduct hearings within 24 hours to determine
whether:
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i. An order for stoppage of 333. Requisites under Article 129?


work/suspension of operations shall be a. The claim is presented by an employee, or a person
lifted or not; and employed in domestic or household service, or
ii. Employer shall pay the employees househelper;
concerned their salary in case the b. The claim arises from employer-employee relations;
violation is attributable to his fault. c. The claimant does not seek reinstatement; and
d. The aggregate money claim of each claimant does not
331. Can suspension order be issued? YES. exceed PHP 5,000.00
a. On what ground?
The regional director may likewise order stoppage of In the absence of any of the requisites, the Labor Arbiter
work or suspension of operations of any unit or shall have exclusive original jurisdiction over claims
department of an establishment when non-compliance arising from employer-employee relations, pursuant to
with the law, safety order or implementing rules and Article 224.
regulations poses grave and imminent danger to the
health and safety of workers in the workplace. 334. Bombo Radyo - No limitation was placed upon the power of
the DOLE to determine the existence of an er-ee relationship. No
332. Distinctions between Art. 128 & 129, in relation to Art 224 procedure was laid down where the DOLE would only make a
Article 128 Article 129 preliminary finding, that the power was primarily held by the
As to Nature and Subject of Proceedings NLRC. The law did not say that the DOLE would first seek he
Inspection of establishments Refers to adjudication NLRC’s determination of the existence of the er-ee relationship or
and the issuance of orders to through summary should it be disputed, the same shall be referred to the NLRC.
compel compliance with proceedings after notice and
labor standard, wage orders hearing, of employees’ If the DOLE makes a finding that there is an existing er-ee
and other labor laws and claims for wages and relationship, it takes cognizance of the matter, to the exclusion of
regulations. benefits. the NLRC. The DOLE would have no jurisdiction only if the er-ee
relationship was already terminated, or it appears that no er—ee
Covers enforcement of labor Limits the proceedings to relationship existed in the first place.
legislation in general monetary claims, which
therefore involve only labor 335. Balladares – The visitorial and enforcement powers of the
Proceedings are offshoots of standards. DOLE RO to oder and enforce compliance with labor standards
inspections done by labor law can be exercised even if the individual claim exceeds 5k. In
officers or safety engineers. Proceedings are initiated by order to divest the DOLE of its jurisdiction, the ff elements must
sworn complaints filed by be present:
any interested party a. The employer contests the findings of the labor
As to Workers Involved* regulations officer and raises issues thereon;
Involves employees still in Applies to present or past b. That in order to resolve such issues, there is a need
service employees at the time the to examine evidentiary matters;
complaint was files, c. That such matters are not verifiable in the normal
provided there is not course of inspection
demand for reinstatement d. That the employer must raise such objections
during the hearing of the case or any time after the
As to Jurisdictional Limits notice of inspection result
The law fixes no maximum The amount of money claim
monetary amount for the per claimant should not 336. Urbanes - It is well-settled in law and jurisprudence that
exercise of enforcement exceed PHP 5,000.00** where no er-ee relationship exists between parties and that no
power. issue is involved which may be resolved with reference to the LC,
other labor statues or CBA, it is the RTC that exercises jurisdiction.
As to the Officers Designated
Exercised by the Secretary of Vested upon a regional
337. Facilities for women?
Labor or any of his duly director or any duly
a. Provide seats proper for women and permit them
authorized representatives authorized hearing officer of
to use the seats when they are free from work or
who may or may not be a the DOLE
during office hours provided the quality of the
regional director.
work will not be compromises;
Regarding Appeal
b. Establish separate toilet rooms and lavatories for
Appealable to SOLE Appealable to NLRC
men and women and provide at least a dressing
room for women;
*Articles 128 and 129 are operative only in the context of
c. Determine appropriate minimum age and other
employment relationship. A regular court, not DOLE or NLRC,
standards for retirement or termination in special
has jurisdiction over claim of independent contractor to adjust
occupations such as those of flight attendants and
contractual fee.
the like; and
**The PHP 5,000 limit does not apply to the exercise of power
d. Establish a nursery in the establishment.
under Art 128 (b)

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338. Define Nursery. excludes or restricts women in the recognition and promotion
It is an area in a workplace where working mothers feed their of their rights and their access to and enjoyment of
infants. It is a safe place where the young children are left opportunities, benefits, or privileges.
during working hours.
A measure or practice of general application is discrimination
339. Is every employer mandated to establish a nursery? against women if it fails to provide for mechanisms to offset
The Secretary of Labor may require employers to provide or address sex or gender-based disadvantages or limitations
such facilities. of women, as a result of which women are denied or restricted
in the recognition and protection of their rights and in their
340. Maternity Benefit? *This is outdated see 2019 new rule access to and enjoyment of opportunities, benefits, or
It is a daily case allowance granted to a female member who privileges; or women, more than men, are shown to have
was unable to work due to childbirth or miscarriage. suffered the greater adverse effects of those measures or
practices.
341. Qualifications to avail maternity leave?
a. She has paid at least 3 monthly contributions Provided, finally, That discrimination compounded by or
within the 12 month period immediately preceding intersecting with other grounds, status, or condition, such as
the semester of her childbirth or miscarriage. ethnicity, age, poverty, or religion shall be considered
b. She has given the required notification of her discrimination against women.
pregnancy through her employer if employed, or
directly to the SSS, if a self-employed (SE) or 347. Can maternity leave be extended on the ground that no one
voluntary member (VM) or Member Separated will take care of the mother’s child?
from Employment. When so requested by the woman employee, the extension of
her maternity leave beyond the four week post delivery leave
342. Limitations? shall be paid by the employer from her unused vacation
343. Prior to delivery, four miscarriages? and/or sick leave credits, where the extended leave is due to
The maternity benefit shall be paid only for the first four illness medically certified to arise out of her pregnancy,
(4) deliveries or miscarriages. delivery, complete abortion or miscarriage which render her
unfit for work.
344. How much is she entitled to receive?
The maternity benefit is equivalent to 100% of the member’s 348. Paternity leave Benefit
average daily salary credit (ADSC) multiplied by 60 days for Benefits granted to a married male employee allowing him
normal delivery/miscarriage/ectopic pregnancy without not to report for work for seven (7) days but continues to earn
operation/hydatidiform mole (H-mole) and 78 days for the compensation therefor, on the condition that his spouse
caesarean section delivery/ectopic pregnancy with operation. has delivered a child or suffered a miscarriage for purposes
of enabling him to effectively lend support to his wife in her
345. Is employer required to advance payment of maternity period of recovery and/or in the nursing of the newly born
benefit? child.
YES. The full payment shall be advanced by the employer
within 30 days from the filing of the maternity leave 349. How many days?
application (Sec. 14-Ab, RA 8282) Seven days

346. Acts considered discriminatory to women under LC & 350. Is cohabitation an essential requisite? Exceptions?
special law YES.
Article 133:
i. Payment of lesser compensation, including wage, Conditions for entitlement:
salary or other forms of renumeration and fringe a. He has applied for paternity leave with his
benefits, to a female employee as against a male employer
employee, for work or equal value; and b. His wife has given birth or suffered a miscarriage;
ii. Favoring a male employee over a female employee c. He is cohabiting with his spouse at the time she
with respect to promotion, training opportunities, gives birth or suffers a miscarriage;
study and scholarship grants solely on account of d. He is an employee at the time of the delivery of his
their sexes. child; and
e. Covers only the first 4 deliveries or miscarriages
RA 9710 Magna Carta of Women
Any gender-based distinction, exclusion, or restriction which 351. Husband works in far place at time wife gave birth, can he
has the effect or purpose of impairing or nullifying the still avail of paternity benefit?
recognition, enjoyment, or exercise by women, irrespective of He must be cohabiting with his spouse at the time she gives
their marital status, on a basis of equality of men and women, birth or suffers a miscarriage.
of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field. 352. Muslim, 3 spouses, live in 1 compound, 1st wife -2kids, 2nd
wife -2 kids, 3rd wife gives birth, entitled to Paternity leave?
It includes any act or omission, including by law; policy, No. First four pregnancies or miscarriages of legal spouse.
administrative measure, or practice, that directly or indirectly
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353. One wife suffered miscarriage, will this change your


answer? 358. How many days?
354. Solo Parent leave Not more than 7 working days every year, provided
a. Refers to the leave benefits granted to a solo parent employee has rendered service of at least 1 year.
to enable him/her to perform parental duties and
responsibilities where physical present is required 359. Converted to cash, commutable?
b. He/she shall be entitled to 7 day leave with pay No. Unutilized parental leave is not convertible to cash unless
otherwise agreed. Non-compliance with the law may make
355. Who is a solo parent? the employer liable for damages.
Any individual who falls under any of the following
categories: 360. Other benefits that a solo parent can receive?
a. A woman who gives birth as a result of rape and 361. Privileges in the workplace?
other crimes against chastity even without a final 362. Who is a battered woman?
conviction of the offender: Provided, That the A female employee who is a victim of violence (physical,
mother keeps and raises the child; sexual or psychological) is entitled to a paid leave of 10
b. Parent left solo or alone with the responsibility of days in addition to other paid leaves.
parenthood due to death of spouse;
c. Parent left solo or alone with the responsibility of a. Purpose?
parenthood while the spouse is detained or is 363. How to secure the benefit?
serving sentence for a criminal conviction for at 364. Can it be converted to cash?
least one (1) year; 365. How will employee determine if she is a battered woman?
d. Parent left solo or alone with the responsibility of The only requirement is for the victim-employee to present
parenthood due to physical and/or mental her certification from the barangay chairman or barangay
incapacity of spouse as certified by a public medical councilor or prosecutor or clerk of court than an action
practitioner; relative to the matter is pending.
e. Parent left solo or alone with the responsibility of
parenthood due to legal separation or de facto 366. How can one avail of gynecological benefit?
separation from spouse for at least one (1) year, as Conditions for entitlement:
long as he/she is entrusted with the custody of the a. She has rendered at least 6 months continuous
children; aggregate employment service for the last twelve
f. Parent left solo or alone with the responsibility of months prior to surgery;
parenthood due to declaration of nullity or b. She has filed and application for special leave with
annulment of marriage as decreed by a court or by her employer within a reasonable period of time as
a church as long as he/she is entrusted with the may be provides by company rules and regulations
custody of the children; or collective bargaining agreement; and
g. Parent left solo or alone with the responsibility of c. She has undergone surgery due to gynecological
parenthood due to abandonment of spouse for at disorders as certified by a competent physician.
least one (1) year;
h. Unmarried mother/father who has preferred to 367. What is gynecological disorder?
keep and rear her/his child/children instead of Refers to disorders that would require surgical procedures
having others care for them or give them up to a such as, but not limited to dilation and curettage and those
welfare institution; involving female reproductive organs such as a vagina,
i. Any other person who solely provides parental cervix, uterus, fallopian tubes, ovaries, breast, adnexa and
care and support to a child or children; pelvic floor, as certified by a competent physician.
j. Any family member who assumes the
responsibility of head of family as a result of the It shall also include hysterectomy, ovariectomy, and
death, abandonment, disappearance or prolonged mastectomy.
absence of the parents or solo parent.
368. A female EE is pregnant, water ruptured, child in the womb
The law does not consider an employee whose died. Procedure in removal of the child, gynecological leave or
spouse is abroad a solo parent since the other maternity leave?
spouse still exercises duties over his/her family. 369. Woman employee cannot give birth because of numerous
However, if the other parent is abroad and has lost cyst, can she avail of gynecological leave?
contact with his/her family for a year or more, then a. How long?
it qualifies the other spouse as a solo parent Two months with full pay based on gross monthly
compensation.
356. How will employer know that you are a solo parent?
He/she has presented to his/her employer a Solo Parent b. Recovery period exceeded, can she ask for
Identification Card, which may be obtained from the DSWD extension?
office of the city or municipality where he/she resides
370. Only that needs surgery?
357. What agency will you apply for a Solo Parent ID? Yes. The special leave shall be granted to the qualified
Municipal/City Social Welfare and Development Office employee after she has undergone surgery.
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379. Imposable penalty?


371. What if outpatient only? a. Does it have a penal sanction under 7877?
a. Confined for 1 day only? b. Is RA 7877 criminal in nature?

372. Woman suffered a miscarriage, under maternity leave or The three-fold liability rule, which states that the
gynecological? wrongful acts or omissions of a public officer may give
Maternity rise to civil, criminal and administrative liability. An
action for each can proceed independently of the others.
a. How many days of leave?
60 for normal delivery 78 for caesarean delivery Section 3, in relation to sec. 7 defines the criminal aspect.
Sec. 7 in relation to sec. 6, authorizes the institution of a
373. Zialcita v. PAL civil action
374. Starpaper v. Simbol Sec. 4 in relation to sec. 3, governs the procedure for
administrative cases
375. Sexual harassment
One or a series of incidents involving unwelcome sexual 380. Can the judge impose both imprisonment and fine or
advances, requests for sexual favours, or other verbal or either?
physical conduct of sexual nature, made directly, indirectly Yes. Any person who violates the provisions of this Act shall,
and impliedly when: upon conviction, be penalized by imprisonment of not less
i. Such conduct might reasonably be expected to than one (1) month nor more than six (6) months, or a fine of
cause insecurity, discomfort, offense or humiliation not less than Ten thousand pesos (P10,000) nor more than
to another person or group; or Twenty thousand pesos (P20,000), or both such fine and
ii. Submission to such conduct is made either imprisonment at the discretion of the court.
implicitly or explicitly a condition of employment
or any opportunity for training or grant of 381. Where can it be committed?
scholarship, or Work, education, training (?)
iii. Submission to or rejection of such conduct is used a. In the working environment. Or
as a basis for any employment decision (including, b. Anywhere else as a result of employment
but not limited to, matters of promotion, raise in responsibilities or employment relationship.
salary, job security and benefits affecting the
employee); or 382. Can it be committed by a female employee?
iv. Such conduct has the purpose or the effect of Yes. Any official having authority, influence or moral
interfering with a person’s work performance, or ascendancy over another person in the Commission, or
creating an intimidating, hostile or offensive work employee, regardless of sex, are liable for sexual harassment.
environment.
383. What if same rank? Liable for sexual harassment?
Employment-related sexual harassment means sexual Yes. Work, education or training related sexual harassment is
harassment by a member or employee of the agency which committed by an employee, manager, supervisor, agent of the
occurs: employer, teacher, instructor, professor, coach, trainor, or any
1. In the working environment. Or other person, who, having moral ascendancy over another in
2. Anywhere else as a result of employment a work or training or education environment, demands,
responsibilities or employment requests, or otherwise requires any sexual favor from the
relationship. other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said
376. Is sexual harassment committed only against female act.
employee?
377. Requirements? In addition, any official or employee in the Commission,
a. demand, request, or requirement of a sexual favor; regardless of sex shall similarly be held liable for sexual
b. the same is made a pre-condition to hiring, re- harassment under the following circumstances:
employment, or continued employment; or i. Directing or inducing another to commit any of the
c. the denial thereof results in discrimination against the acts of sexual harassment (Principal by Induction)
employee. or
ii. Cooperating in the commission of sexual
However in Domingo v. Rayala: harassment by another without which it would not
have been committed (Principal by Indispensable
“It is not essential that the demand, request or Cooperation)
requirement be made as a condition for continued
employment or for promotion to a higher position. It is 384. Moral ascendency, requirements?
enough that the respondents acts result in creating an 385. If no moral ascendancy? What is the crime committed?
intimidating, hostile or offensive environment for the Still sexual harassment. Also acts of lasciviousness.
employee.” Relationship between offender and offended party is not
material.
378. How is sexual harassment committed in a work place?
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386. Mr. A replaced the screensaver, photo of sexual intercourse, whenever the employment is terminated within 6
see by Mr. B, when he or she walks by. SH? months without just cause.
387. ¨Good morning, are you going to wear a mini skirt?¨
Manager texts everyday, SH? 395. Contents of contract?
388. Domingo v. Rayala a. Duties and responsibilities of the kasambahay, which
389. Should the employer do something if such case has been include the responsibility to render satisfactory service
filed? at all times;
It shall be the duty of the employer or the head of the b. Period of employment;
work- related, educational or training environment or c. Compensation;
institution, to prevent or deter the commission of acts of d. Authorized deductions;
sexual harassment and to provide the procedures for the e. Hours of work and proportionate additional payment;
resolution, settlement or prosecution of acts of sexual f. Rest days and allowable leaves;
harassment. g. Board, lodging and medical attention;
h. Agreements on deployment expenses, if any
a. Obligations under RA7877 i. Loan agreement, if any
390. Janitor comments “ganda ng legs” to office clerk – sexual j. Termination of employment
harassment? k. Any other lawful condition agreed upon by the parties
a. If not, what crime?
b. What is unjust vexation? If kasambahay is below 18 years old: contract shall be
signed by his/her parent or lawful guardian on his/her
391. Who is a kasambahay? behalf
Refers to any person engaged in domestic work within an
employment relationship such as, but not limited to, the 396. Responsibilities of PEA
following: a. Ensure that the kasambahay is qualified as
i. General househelp required by the employer;
ii. Nursemaid or yaya b. Secure the best terms and conditions of
iii. Cook employment for the kasambahay;
iv. Gardener c. Ensure that the employment agreement between
v. Laundry person the kasambahay and the employer stipulates the
But shall exclude any person who performs domestic work terms and conditions of employment and all the
only occasionally or sporadically and not on an occupational benefits in accordance with the IRR
basis. d. Provide a pre-employment orientation briefing to
the kasambahay and the employer about their
The term shall not include children who are under foster rights and responsibilities in accordance with the
family arrangement and are provided access to education and law
given an allowance incidental to education, i.e., “baon”,
transportation, school projects and school activities. 397. Rights and privileges of a kasambahay?
a. Minimum wage
392. Children under foster family arrangement b. Daily and weekly rest periods, service incentive
Refers to children living with a family or household of leave, and 13th month pay;
relatives and are provided access to education and given c. Freedom from employer’s interference in the
allowance incidental to education (baon, transportation, disposal of wages;
school projects and activities) provided that the foster family d. Coverage under the SSS, Philhealth and Pag-IBIG
and foster care arrangement are in compliance with the Foster laws
Care Act of 2012. e. Standard of treatment;
f. Board, lodging and medical attendance;
393. Service provider? g. Right to privacy
Refers to any person that carries an independent business and h. Access to outside communication
undertakes to perform job, work or service on his/her own for i. Access to education and training;
a household, according to his/her own manner and method j. Right to form, join, or assist labor organization;
and free from the control and direction of the employer in all k. Right to be provided a copy of the employment
matters in connection with the performance of the work contract as required
except as to the results thereof. l. Right to certificate of employment
m. Right to terminate employment
394. Who pays for the cost of hiring? Deployment expenses? n. Right to exercise their own religious beliefs and
a. The employer, whether the kasambahay is hired cultural practices
through a PEA or a third party. In no case shall the
recruitment or finder’s fees be charged against the 398. When entitled to SSS benefit?
kasambahay. When Kasambahay has rendered at least one (1) month of
b. The employer also shoulders the deployment service.
expenses whether the kasambahay is hired directly
or through the PEA. However, the employer may 399. When is the kasambahay entitled to SIL?
recover the deployment cost from the kasambahay Rendered at least 1 year of service for 5 days leave.
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iii. The total amount of such deductions is fair and


400. Commutative? Convertible to cash? reasonable and shall not exceed the actual loss or
No. Unused leaves shall not be convertible to cash, nor may it damage; and
be carried over to the succeeding years. iv. The deduction from the wages of the kasambahay
does not exceed 20% of his/her wages in a month.
401. Minimum wage of a kasambahay?
a. NCR – 3,500 a month Does employer need to secure consent? YES.
b. Chartered cities and first class municipalities –
2,000 Is this requirement found in the LC?
c. Other municipalities – 1,500 Can you deduct the entire value to her salary?
NO. Deduction must not exceed 20% of the wages in a month.
402. Overtime pay? When entitled?
403. 13th month pay? Value equivalent to 5 months salary, no pay for 5 months
Rendered at least 1 month of service shall be entitled, which valid? NO.
shall not be less than 1/12th of his total basic salary earned in
a calendar year. 409. What is debt bondage?
Refers to the rendering of service by the domestic worker as
Pay shall be paid not later than December 24 of every year. security or payment for a debt where the length and nature of
service is not clearly defined or when the value of the service
404. Who pays the premium? is not reasonably applied in the payment of the debt.
Premium payments or contribution shall be shouldered by
the employer. It shall be unlawful for the employer or any person actin on
behalf of the employer to place the domestic worker under
However, if the domestic worker is receiving a wage of 5,000 debt bondage
PHP and above per month, the domestic worker shall pay the
proportionate share in the premium payments or 410. 4 months advance requested by kasambahay – is employer
contributions, as provided by law. obliged to grant loan?
Agreement may be made to deduct from the wages an
In the event that the kasambahay avails of certain loan amount which shall not exceed 20% of wages in a month.
privileges which require additional payment of premiums,
said additional shall be shouldered solely by the kasambahay. An employer may agree to extend loan assistance to the
kasambahay at an amount not exceeding the equivalent of
405. Is the employer obligated to provide the kasambahay his/her 6 months salary.
secondary education?
Yes. The Kasambahay shall be afforded the opportunity to 411. When can employer replace a kasambahay?
finish basic education, consisting of elementary and In case the kasambahay was hired through the PEA and the
secondary education. occurrence of one of the circumstances within 1 month from
the first day the kasambahay reported for work, the PEA shall
The employer shall adjust the work schedule of the provide a qualified replacement at no additional cost to the
kasambahay to allow his/her access to education or training employer. If such replacement is not provided, the employer
without hampering the services required by the employer. shall be entitled to a refund of 75% of the deployment
Access to education may include financial assistance at the expenses or fees paid to the PEA:
option of the employer.
i. Kasambahay is found to be suffering from an
406. Child worker also a kasambahay – covered by the provision incurable or contagious disease or mental illness as
on education in kasambahay law? certified by a competent or gov physician;
Yes, if not below minimum age. ii. Kasambahay abandons the job w/o justifiable
cause, voluntarily resigns, commits theft or any
407. Minimum age of kasambahay? other analogous acts prejudicial to the employer or
It shall be unlawful to employ any person below 15 years of his family; or
age as a domestic worker. iii. Kasambahay is physically or mentally incapable of
discharging the minimum normal reqs of the job, as
408. Yaya destroyed Nintendo Switch, can it be deducted from specified in the contract
her salary?
Other than those mandated by law, the employer shall not With cause or without cause?
deduct any amount from the wages of the Kasambahay
without his written consent or authorization; provided that 412. If house helper has been with you for six months, can you
the deduction for loss or damage is made under the following ask for replacement without cause?
conditions: a. What if she committed theft?
i. The kasambahay is clearly shown to be responsible 413. SILP entitled?
for the loss or damage; 414. Do they have the right to organize?
ii. Kasambahay is given reasonable opportunity to The kasambahay shall have a right to join a labor organization
show cause why deduction should not be made; of his/her own choosing for purposes of mutual aid and
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collective negotiation. The kasambahay shall be afforded the concerned barangay officials and proper law enforcement
opportunity to attend organization meetings. personnel.

415. Household helper wants to secure a loan, is employer 422. Acts covered?
mandated to grant? Abuse shall refer to any act or series of acts committed by an
416. Household helper helps in the sarisari store, voluntarily, employer or any member of his/her household against any
allowed? kasambahay which results or is likely to result in physical,
Yes. However, the employer shall not assign the kasambahay sexual, psychological harm or economic abuse, including
to work, whether full time or part time, in a commercial, threats of such acts such as battery, assault, coercion,
industrial or agricultural enterprise at a wage lower than that harassment or arbitrary deprivation of liberty, it includes:
provided for agricultural or non-agricultural workers a. Physical abuse
b. Sexual violence
417. HH does not want to work anymore after 4 months, can you c. Psychological violence
still recover deployment expenses? d. Economic abuse
418. If employer allows her to leave, can employer recover e. Any other act which limits the kasambahay’s
deployment expenses? exercise of his/her rights as provided for in the law
419. Grounds when employer can terminate kasambahay?
Grounds when kasambahay may terminate employment? 423. HH taught child to curse, is it a valid ground?
424. Yaya cooks corned beef at night for employer, stopped for a
BY THE KASAMBAHAY BY THE EMPLOYER night - ground for termination?
Verbal or emotional abuse Misconduct or wilful 425. Neglects to bathe dog once a week - ground for termination?
of the kasambahay by the disobedience by the 426. Where and when can kasambahay file an action?
employer or any member kasambahay of the lawful All labor-related disputes shall be filed before the DOLE
of the household order of the employer in field/provincial/regional office having jurisdiction over the
connection with the workplace (30-day mandatory conciliation under the DOLE
former’s work Single Entry Approach)
Inhuman treatment Gross or habitual neglect or
including physical abuse inefficiency by the In case parties failed to reach a settlement, a mandatory
of the kasambahay by the kasambahay in the conference of not exceeding 30 days shall be conducted by the
employer or any member performance of duties DOLE from referral of the unsettled dispute. The DOLE-RD
of his household shall issue a compliance order within 10 days from the
Commission of a crime or Fraud or willful breach of submission of the case for resolution
offense against the the trust reposed by the
kasambahay by the employer on the Any aggrieved party may file for a motion for reconsideration
employer or any member kasambahay from the compliance order within 10 days from the receipt
of his household thereof
Violation by the employer Commission of a crime or
of the terms and offense by the kasambahay The resolution on the motion for reconsideration of the
conditions of the against the employer or any DOLE-RO may be appealed to the SOLE. Thereafter, it shall
employment contract and immediate member of his be final and executory.
other standards as set family
forth 427. Who has jurisdiction?
Any disease prejudicial to Violation by the 428. If kasambahay found to be illegally dismissed, what is
the health of the kasambahay of the terms kasambahay entitled to receive?
kasambahay, the and conditions of the If the employer dismissed the kasambahay due to grounds
employer or members of employment contract other than that stated, he shall pay the kasambahay earned
the household compensation plus indemnity equivalent to 15 days work.
Other analogous causes Any disease prejudicial to
the health of the 429. Kasambahay reinstatement valid?
kasambahay, the employer 430. Rule on dispute settlements in Kasambahay Law?
or any member of the 431. Can you suspend the jurisdiction of the Labor Arbiter or
household under Art 129 of LC
432. Night worker definition?
Other analogous causes
A night worker means any employed person whose work
covers the period from 10 o’clock in the evening to 6 o’clock
420. Consequences?
of the following morning provided that the worker performs
If the kasambahay leaves without cause – any unpaid salary
no less than seven consecutive hours of work
due, not exceeding the equivalent of 15 days work, shall be
forfeited.
It does not cover those working in
i. Agriculture
421. Abuse?
ii. Stock raising
Any abused kasambahay shall be immediately rescued by a
iii. Fishing
municipal or city social welfare officer in coordination with
iv. Maritime transport
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v. Inland navigation 438. Mandatory facilities?


a. Suitable first aid and emergency facilities
433. When is an employer required to conduct health assessment b. Lactation stations
or medical examination? c. Separate toilet facilities for men and women
At their request, workers shall have the right to undergo a d. Facility for eating with potable drinking water
health assessment without charge and to receive advice on e. Facilities for transportation and/or properly
how to reduce or avoid health problems associated with their ventilated temporary sleeping or resting quarters
work: separate for male and female workers except:
a. Before taking up an assignment as a night worker; i. where there is an existing company guideline,
b. At regular intervals during such an assignment practice or policy, CBA or any other similar
c. If they experience health problems during such an agreement
assignment ii. when the start or end of the night work does
not fall within 12MN-AM
434. Does the employer have to shoulder expenses? iii. where the workplace is located in an area that
No. the right to undergo medical assessment shall be without is accessible twenty-four hours to public
charge transportation
iv. where the number of employees does not
435. Pegasus employee found unfit to work for three months - exceed a specified number as may be
what can the employer do? provided for by the SOLE.
Night workers found to be unfit to render night work due to
health reason shall be transferred to a job for which they are 439. Is there a penal sanction if failure to comply?
fit to work whenever practicable. The transfer must be to a Fine of not less than 30k nor more than 50k or imprisonment
similar or equivalent position and in good faith of not less than 6 months or both at the discretion of the court.

If the transfer is not practicable // workers are unable to 440. What is first aid treatment?
render night work for a continuous period of not less than 6 441. Anemia, 6 weeks unfit for work, valid termination?
months, these workers shall be granted company benefits as Valid. Although as a rule, workers found to be unfit for night
other workers who are unable to work due to illness (ground work due to health reasons shall be transferred to a job for
for a valid termination) which they are fit to work whenever practicable, the law
provides that if such transfer is: a)not practicable or b)
If temporarily unfit (certified unfit for night work for a period worker is unable to work for a continuous period of not
of less than 6 months) they shall be given the same protection less than 6 months, they shall be given the same company
against dismissal or notice of dismissal as other workers who benefits as other workers who are unable to work due to
are prevented from working to due to health reasons illness.

436. If no morning schedule available because of nature of work With this, ART 298 applies. The law authorizes the separation
as GRO, what would employer do? of an employee suffering from a disease. The employer’s
437. Alternative for pregnant and working employees? ultimate recourse may be employment termination based on
As far as practicable, pregnant or nursing employees shall be authorized cause.
assigned to day work, before and after childbirth for a period
of at least 16 weeks which shall be divided between the time REQUIREMENTS:
before and after childbirth. i. An employee must be suffering from a disease;
ii. Continued employment is prejudicial to his health
Medical certificate is needed for: as well as to the health of his co-workers.
▪ Additional periods of assignment to day work
during pregnancy or after childbirth, provided that 442. Requirements for disease as ground for termination? Art
the length of additional period should not be more 299
than 4 weeks or for a longer period as may be 443. Who is a homeworker?
agreed upon A homeworker is a person engaged in industrial homework,
▪ Extension of maternity leave that is, it is a system of production under which work for an
▪ Clearance to render night work employer or contractor is carried by a homeworker in his
home. Materials may or may not be furnished by the
If transfer to day work is not possible, a woman employee employer or contractor.
may be allowed to extend as recommended by her physician,
her maternity leave, without pay or using earned leave credits A homeworker performs in or about his home any processing
or fabrication of goods or materials in whole or in part, which
A woman employee shall not be dismissed for reasons of have been furnished directly or indirectly by an employer and
pregnancy, childbirth and childcare responsibilities as thereafter sold or returned to the latter.
defined. She shall not lose the benefits regarding her
employment status, seniority, access to promotion which may 444. What is a first aider?
attach to her regular night work position. Means any person trained and duly certified as qualified to
administer first-aid by the PNRC or by any other organization
accredited by the former
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445. Requirements to be a first aider? 450. Does the rule apply to hazardous workplace?
a. Must be able to read and write; Yes. Emergency clinic or hospital is required for
b. Must have completed a course in first-aid duly hazardous/non-hazardous workplaces
certified by the NRC or any other organization
accredited by the former 451. What is a hazardous workplace?
Where the nature of the work exposes the workers to
446. X, employee, choked on some chicharon, required to render dangerous environmental elements, contaminants or work
first aid? conditions including ionizing radiations, chemicals, fire,
447. When is the employer required to hire a full time nurse? flammable substances, noxious components and the like;
i. Where the workers are engaged in construction
No. of Workers Requirements work, logging, quarrying, mining, firefighting,
10-50 workers Graduate first-aider who may be one of blasting, stevedoring, dock work, deep-sea fishing
the workers and mechanized farming;
51-200 Full time registered nurse ii. Where the workers are engaged in the manufacture
IF NON-HAZARDOUS – graduate first- or handling of explosives and other pyrotechnic
aider products;
iii. Where the workers use or are exposed to heavy or
201-300 Full time registered nurse
power-driven machinery or equipment;
Part time physician
iv. Where the workers use or are exposed to power-
Part time dentist
driven tools.
Emergency clinic
452. Who is an employer? Employee?
EMPLOYER EMPLOYEE
-physician and dentist shall stay for a
Any person, natural or Any person compulsorily
minimum of 2 hours a day
juridical, domestic or covered by the GSIS
-if there is more than 1 workshift, 2-hr
foreign, who carries on in including members of the
period shall be devoted to the workshift
the PH any trade, business, AFP, and any person as
which has the biggest number of
industry or undertaking of casual, emergency,
workers, subject to call at anytime
any kind and who uses the temporary substitute or
301 and up Full time registered nurse
services of another person contractual, or any person
Full time physician
who is under his orders as compulsorily covered by
Full time dentist
regards the employment. SSS.
Infirmary/emergency hospital with a
bed capacity of 1:100
May be:
-physician and dentist shall stay for a
Public sector belonging to May be:
minimum of 8 hrs.
the GSIS including GOCCs, Public sector comprising
PH Tuberculosis Society, the employed workers
IF NON-HAZARDOUS – same as those
PNRC and PH veterans covered by GSIS, including
in the preceding paragraph
bank; members of AFP, elective
If there is more Full-time graduate first-aider per
Private sector covered by officials who are receiving
than one workshift
the SSS, comprising all regular salary, and any
workshift
employers not covered by person employed as
1. casual, emergency,
a. Required to be in full employment? temporary, substitute or
Physician and dentist may be hired on a retained contractual.
basis; negates the idea of an ER-EE relationship Private sector comprising
of employees covered by
448. When is a full time doctor required? SSS.
Establishments with 301 workers and up; hazardous
453. State Insurance Fund coverage?
449. Hospital beside the company, company no longer built an a. Coverage of the SIF shall be compulsory.
emergency hospital, valid? b. Every employee not over the age of 60 shall be
Yes. An employer need not put an emergency clinic or covered.
hospital if there is a hospital or dental clinic which is: c. However, employees over 60 years of age shall be
i. Not more than 5km away – urban areas covered if he had been paying contributions to the
Can be reached by motor vehicle in 25 mins of system prior to the age of 60 and has not been
travel – rural areas compulsorily retired.
ii. Employer has facilities readily available for d. an employee who is coverable by both the SSS and
transporting a worker to the hospital or clinic in GSIS shall be compulsorily covered by both
case of emergency; systems.
iii. Written contract with the hospital or clinic for the e. Filipinos working abroad in the service of an
use thereof in treatment of workers in case of employer as defined in sec. 2 shall be covered by
emergency
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the system and are entitled to the same benefits as The right to compensation extends to disability due to
are provided for employees working in the PH. diseases supervening upon and proximately and naturally
resulting from a compensable injury. Where the primary
454. What is SIF? injury is shown to have arisen in the course of employment,
The Labor Code adopts the compensation fund type, in which every natural consequence that flows from the injury likewise
employers contribute to a common fund and in turn, an arises out of employment. Simply stated, all medical
injured employee is compensated out of that fund. All consequences and sequels that flow from the primary injury
employers are require to contribute to a common fund are compensable.
equivalent to one percent of the monthly salary credit of every
covered employee. In the case, Mrs. Belarmino’s fall in the classroom floor
brought about her premature delivery which caused the
Fund which supplies the compensation to be paid to a development of septicemia post partum which resulted to her
claimant employee or employee’s dependents in case the death. Her fall was the proximate or responsible cause that set
employee suffers from a work-connected injury or disease. in motion an unbroken chain of events, leading to her demise.
Her fall was the primary injury that arose in the course of her
455. Is it the same with worker´s compensation program? employment as a classroom teacher; hence, all the medical
WPC is the general and comprehensive term applied to those consequences flowing from post partum septicemia, and
laws providing for compensation for loss resulting to the death, are compensable.
injury, disablement or death of workmen through industrial
accident, casualty or disease. 467. When is an injury compensable?
An injury is compensable when it is the result of an
WPC is the old law regarding compensability of work-related employment accident satisfying all of the ff grounds:
injury or illness. In here, there is a presumption of i. The employee must be injured at the place where
compensability. Once the injury or illness arose in the course his work requires him to be;
of employment, the legal presumption, in the absence of ii. The employee must have been performing his
substantial evidence to the contrary, was that the claim for official functions;
compensation came within the provisions of the iii. If the injury is sustained elsewhere, the employee
compensation law. The burden of proof rests on to the must have been executing an order for the
employer to show that the illness or injury did not arise out employer.
of employment or at least aggravated by it. The employee has
no duty to show causation. 468. Meaning of “arising out of”
It refers to the origin or cause of the accident and are
456. Who are covered by workmen´s compensation? descriptive of its character
457. Who administers SIF?
It is the SSS and GSIS who administers the SIF. The 469. Hinoquin vs ECC?
Employees Compensation Commission is the policy-making The death of Sgt. Hinoquin from his being hit by an accidental
body of the ECP and also its appellate body. discharge of rifle arouse out of and in the course of
employment as a soldier on an active duty status of the AF
The system shall have original and exclusive jurisdiction to and thus, compensable.
settle any dispute arising from this title with respect to REASONS:
coverage, entitlement, benefits and collection and payment of i. Workplace cannot always be literally applied to a
contributions and penalties thereon and any other matter soldier on an active duty status. A soldier must go
related thereto, subject to appeal to the commission, which where his company is stationed. He and his
shall decide appealed cases within 20 working days from companions had lawful permission to proceed to
submission of evidence. the place, and it is held that a place which soldiers
have secured a lawful permission cannot be
458. Purpose of WCP? different to a place where they are required to go
459. Procedure by their commanding officer.
460. Who provides the benefit? ii. They were not on vacation leave and were
State Insurance Fund authorized to carry weapon as to defend
themselves against the elements of the NPA.
461. Is the employer required to advance the expenses? iii. A soldier on an active duty status is really on duty
462. Nature of the coverage, compulsory? 24 hrs a day. He is subject to call or to orders of his
463. What is an injury? superior at all times, except when he is on vacation
Any harmful change in the human organism from any leave. He did not effectively cease performing
accident arising out of and in the course of employment official functions because he was granted a pass.
iv. A soldier should be presumed to be on official duty
464. Illness or ailment? unless he is shown to have clearly and
465. How is it different from injury? unequivocally put aside that status or condition
466. Belarmino v. ECC temporarily (by going on vacation leave)
Proximate cause – that acting first and producing the injury,
either immediately or by setting other events in motion.

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470. Valeriano vs ECC? arising out of and in the course of the employment as though
The petitioner failed to demonstrate how his job as a firetruck it had happened while the employee was engaged in his work
driver was related to the injuries he had suffered. He at the place of its performance.
sustained his injuries after pursuing a purely personal and
social function. His injuries were not acquired at his 474. Injury, meal period, compensable?
workplace nor they were sustained while he was acting It is settled that injuries sustained in connection with acts
within the scope of his employment or in pursuit of an order which are reasonably incidental to the employment are
of his superior. deemed arising out of employment. This includes acts of
personal ministration for he comfort or convenience of the
The 24-hr duty doctrine cannot be applied because he was employee. The course of employment is not broken because
neither at his assigned workplace nor in pursuit of an order of acts of administration done by an employee to himself.
from his superior at the time he met the accident.
Acts of ministration are those done by a person to satisfy call
471. GSIS vs Alegre of nature. They are deemed incidents of employment and
The members of the national police are by the nature of their thus, injuries sustained thereby are compensable.
functions technically on duty 24 hrs a day because policemen
are subject to call at any time and may be asked by their The general rule is that injuries occurring to an employee
superiors or by any distressed citizen to assist in maintaining during an intermission or break for rest or refreshment arise
the peace and security of the community. in the course of employment are compensable. An employee
is entitled to compensation for injuries received on the
Obviously, the matter the petitioner was attending at the time employer’s premises, although the accident occurred during
of his death, that of ferrying passengers for a fee, was lunch period, where the eating of the lunch was with the
intrinsically private and unofficial in nature proceeding as it employer’s knowledge and consent.
did from no particular directive or permission of his superior
officer. In the absence of such prior authority, or It is not compensable if it results from an independent act of
peacekeeping nature of the act attended by the policeman, at the employee having no connection with his work or his meal,
time he died, there is no justification that Alegre met the of it at the time he was in a place where he had no right to be.
requisites set forth in the ECC guidelines. He was not placed
in a situation where he was required to exercise his authority Ordinarily, an employee is not compensated while away from
and duty as a policeman. The 24 hr duty doctrine serves more the employer’s premises during an intermission for lunch,
than as an after-the-fact validation of their acts to place them subject to exceptions.
within the scope of the guidelines rather than a blanket license
to benefit them in all situations that not be sweepingly 475. X, San Beda employee, had a meal in Mcdo during a non
applied to all acts and circumstances causing the death of a compensable meal period. On the way back, he slipped.
police officer, but only to those which, although not on official Compensable?
line of duty, are nonetheless, basically police service in Generally, an accidental injury to an employee is not covered
character. if it occurs off the employer’s premises while the employee is
going to or coming from an unpaid lunch time. However,
472. ALANO vs ECC there are exceptions.
An injury or death of a covered member in an accident while
he is going to, or coming from, the workplace shall be 476. X, during non compensable meal period went to the bank to
compensable provided: withdraw money, because ATM in the school is offline, upon
i. The act of the employee of going to, or coming reaching the gate got injured. Compensable?
from, the workplace, must have been a continuing a. What if the purpose is to pay bills?
act, that is, he had not been diverted therefrom by No. paying bills is not an incident to his
any other activity, and he had not departed from employment. This is also not considered as an act
his usual route to or from his workplace; and of ministration.
ii. An employee on a special errand – must have been
official and in connection to his work 477. X, security guard, had an altercation with a frat member. 3
In the case, the deceased died while going to her place of hours later while outside the school, was stabbed.
work. She was at the place where her job necessarily required Compensable?
her to be if she was to reach her place of work on time. She An assault, although resulting from a deliberate act of the
was there because her employment required her to be there. slayer, is considered an accident within the meaning of the
WC. Assault resulting from resentment, having its origin in
473. Lazo vs ECC the work, arouse out of employment. (Bohol Land vs
There was no evidence that the petitioner deviated from his Madanguit)
usual, regular homeward route or that interruptions occurred
in the journey. Employment includes not only the actual 478. X, asked permission from employer to have lunch with
doing of work but a reasonable margin of time and space friend and be late, permitted but employer asked to buy donuts.
necessary to be used in passing to and from the place where On the way back, he slipped, the donuts fell. Is the injury
the work is to be done. If the employee be injured in the place compensable?
with such close proximity and relation as to be in practical Yes. An injury sustained by an employee outside the
effect a part of the employer’s premises, the injury is one company premises is compensable if his being out is covered
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by an office order or locator slip or pass for an official


business. Where the claimant was performing official 482. Positional and local risks doctrine?
functions, it hardly matters that she was injured outside The exception to the above-mentioned rule. It states that if an
regular working hours and beyond her place of work. The act employee, by reason of his duties, is exposed to a special or
is also considered incidental to the employment, as it is done peculiar danger from the elements, that is, one greater than
for the benefit of the employer. that to which other persons in the community are exposed,
and an unexpected injury results, the injury is one arising out
479. What is the shuttle bus doctrine? of and in the course of employment within the purview of the
Also known as the extra-premises rule. Where the company law.
which provides the means of transportation in going to or
coming from the place of work, the er is liable for the injury 483. X, basketball player of company, brought home his work to
sustained by the employees while on board the same means finish early for the game the next day. Got injured, carpo tunnel
of transportation. This is because, the company vehicle is an syndrome, compensable?
extension of its premises. Injuries sustained at home or upon his work premises in
connection with the performance of his duties are generally
480. Dual purpose doctrine? Guidelines? compensable where such work is done in pursuant to the
An employee’s status of acting in the course of his terms of the contract or pursuant to the order of the employer.
employment is not destroyed by the fact that he is pursuing a An exception to this is if it is done voluntarily by the
dual purpose. This allows compensation where a special trip employee for his own benefit.
has to be made for the benefit of the employer. Stated briefly,
it considers an injury sustained while on a trip undertaken for a. What if permitted by employer?
the benefit of the employer, compensable even if in the course Compensable
thereof, the employee also pursues a personal purpose.
484. What is illness
485. Definition of intoxication
Guidelines: 486. While intoxicated, injured. Compensable?
a) A contingency or injury an employee suffers 487. Mr. X, clerk of San Beda, stage 3 colon cancer.
during a trip that serves both business and personal Compensable?
purposes is deemed within the course of the 488. A and B, coworkers and in a relationship, A found out that
employment, if the trip involves a performance of a B cheated, they left the vehicle and went to the fire exit. A
service for the employer, which would have caused pushed B, compensable?
the trip to be done by someone else, even if such 489. X suffered injuries while at work, family members claimed
trip had not coincided with a personal purpose. from the system, may they claim for damages?
This applies to trips motivated by an intention of an 490. What is disability
employee to transact official business during such It is the loss or impairment of the physical or mental function
trip. resulting from injury or illness. It refers to the loss or
b) When an employee’s trip tends to serve both impairment of earning capacity.
business and personal purpose, it is to be
considered a personal trip, if the employee would 491. 3 disability categories
have made such trip in spite of failure or absence of a. Temporary total – if as a result of an injury or sickness,
the official purpose. Meanwhile, it is a business trip the employee is unable to perform any gainful
if the employee would have made the trip occupation for a continuous period not exceeding 120
nonetheless despite the failure or absence of the days, except as provided in Rule X of the rules.
business or official purpose.
c) Whether a trip is to be undertaken in the interest of If the sickness requires medical attendance beyond 120
the employee or employer, is a question of fact days but not to exceed 240 days from the onset of the
which is to be determined by the employer. disability, the benefit to TTD shall be paid. However, the
system may declare PTD at any time after 120 days of
481. X, employee, out of curiosity, tested sewing machines. continuous TTD as may be warranted by the degree of
Finger was cut off, compensable? actual loss or impairment of physical or mental
Yes. It is compensable if the injury was not intentional but one functions.
due to carelessness or negligence. Furthermore, a defense
against notorious negligence is the unexpectedness of the b. Permanent Total – if as a result of the the injury or
accident. Another is lack of knowledge or awareness of the sickness the employee is unable to perform any gainful
peril or the seriousness of the impending danger. occupation exceeding 120 days. It is incapacity to
perform gainful work which is expected to be
a. Does it amount to notorious negligence? permanent.
No. it does not signify a deliberate act of the i. TTD lasting continuously for more than 120
employee to disregard his own safety. days;
Disobedience to rules and prohibition does not in ii. complete loss of sight of both eyes;
itself constitute notorious negligence of no iii. loss of two limbs at or above the ankle or
intention can be attributed to the injured to end his wrist;
life. iv. permanent complete paralysis of both limbs;
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v. brain injury resulting in incurable imbecility disability become totally or permanently disabled from the
or insanity; and same cause.
vi. such other cases as determined by the system
and approved by the commission 499. If a local worker suffers a disability, where should he file
his claim for disability benefits?
c. Permanent Partial – if as a result of the injury or sickness 500. What about an OFW?
the employee suffers a permanent partial loss of the use 501. In the case assigned, where did the OFWs file their claims?
of any part of his body. It is when the employee loses the 502. Can the OFW claim from their employer and at the same
use of any particular anatomical part of his body which time claim a disability benefit from the System?
disables him to continue with his former work. 503. If OFWs claim benefits from foreign employer by virtue of
a CBA, may they still claim benefits here? Would the double
492. Loss of right arm recovery apply?
Permanent Partial. Entitled to compensation of monthly 504. Where can an employee start enjoying medical benefits
income benefit of 50 months. from either of the Systems?
505. Mr. X was employed by Company Y on March 30, 2018. He
493. What is the 120 and 240 day rule? suffered injuries on April 10, 2018. Can he claim medical
494. On the 241st day, no findings? benefits from the System?
It is now deemed to be permanent total disability. The law a. Sickness benefits?
states that in the absence of the declaration or finding of a b. Disability benefits?
physician regarding fitness or disability beyond 240 days, 506. Are the benefits under SIF and the SSS/GSIS law one and
then it is a permanent total disability. the same?
507. Can the employee choose a physician and/or a hospital?
a. What if under rehabilitation? 508. What if the physician he chose is not accredited by the
495. If the left arm was cut off, do we still apply the 120 and 240 system?
day rule? 509. Is there a prescriptive period in claiming benefits before
No. there is already deprivation of the use of the part of the either of the Systems? Reckoned from when?
body (left arm) 510. Does either of the systems provide for death benefits?
511. Who are covered by the SSS law?
The test is WoN the employee can continue performing his COMPULSORY COVERAGE:
work notwithstanding the disability he incurred. If by reason i. All employees not over sixty years of age and their
of the injury the employee is unable to render work for more employers;
than 120 days and he does not fall within the definition of ii. Domestic helpers, who have rendered at least one
Rule X, then it is PTD, regardless of WoN he lost a part of his month of service;
body. iii. Self-employed persons, which includes:
1. Self-employed professionals;
*So it depends. If the loss of the arm resulted in him not being 2. Partners and single proprietors of
able to perform work beyond 120 days, then it is PTD. businesses
Otherwise, if he can still work notwithstanding disability, 3. Coaches, trainors, jockeys, professional
then it is PPD. athletes
4. Individual farmers and fishermen;
496. Loss of a body part even if it does not affect employment, 5. Actors and actresses, directors,
permanent partial? scriptwriters and news correspondence
Yes. Otherwise, (if it affected) apply the 120/240 day rule. which do not fall within the definition of
an employee
497. X, laborer, lost his job, later became a singer. He has been
receiving benefits form the system, is he entitled to receive still? VOLUNTARY COVERAGE
Depends. i. Spouses who devote full time to managing the
household and family affairs, unless they are also
If PTD: receipt of benefits shall be suspended upon being engaged in other vocation or employment which is
gainfully employed; subject to mandatory coverage under the SSS;
If TTD/PPD: he is still entitled. ii. Filipinos recruited by foreign-based employers for
employment abroad;
For the purposes of entitlement for PPD, a covered employee iii. An employee who is under compulsory coverage is
shall continue to receive income benefits provided thereunder separated from employment may continue to pay
even if gainfully employed and receiving his wages or salary. the total contributions to retain his right to full
benefit;
a. Even if he obtains the same job in another iv. Self-employed persons who do not generate
company? income in any given month may continue payment
498. GSIS v. Balais applicable to a separated employee member
A person’s disability may not manifest fully at one precise
moment in time but rather over a period of time. It is possible 512. Can an alien be a member of the SSS?
that an injury which at first was considered as temporary may Yes, provided that he secured a valid AEP
later on become permanent or one who suffers a partial
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513. Minimum age requirement? working in the premises of his employer. in this
Under the Working Child Law, a child below the age of 15 case, notice is not necessary
employed is considered a working child. It is a requirement iv. FOR SELF-EMPLOYED: notify SSS 5 days after
however that his participation is indispensable in local confinement unless such confinement is in the
entertainment, etc. As an employee, the child is entitled to be hospital
covered by the SSS
*compensable day shall begin on the first day of sickness and
514. Age limitation? payment of allowance shall be on every regular payday. Such
No minimum age requirement as long as the child is a allowances shall begin only after all sick leave of absences
working child. For an employee, he must be at most, 60 years shall have been exhausted.
old.
523. SSS – compensation based on number of days of
515. X migrated to Canada, can he withdraw contributions? confinement, not per ailment?
516. X, seafarer, suffered injuries in vessel. File claims from his 524. Does the system pay directly the sickness benefit or is it
employer. He remembered that he was paying the SSS for 8 advanced by the employer?
years. Can he claim a disability benefits from the SSS? *100% reimbursement by the SSS shall be made upon showing
Yes. A person employed by a foreign-based employer by the employer of satisfactory proof of such payment.
covered on a voluntary basis and thus he may claim the same Provided, that the employer had notified the SSS within 5
under SSS. days after receipt of the notification from the employee
member.
517. Double recovery?
No. He may recover from the CBA and at the same time from 525. Are there exceptions for the reimbursement of the SSS to
the SSS the employer? What are the sanctions?
If the notification to the SSS was made beyond the 5 day
518. X – March 30, 2018 employed; April 10, 2018 he died, can his period, the employer shall be reimbursed only for each day of
heirs claim death benefits? confinement starting from the tenth day immediately
No. It is required that the member must have paid at least 36 preceding the date of the notification to the SSS.
monthly contributions prior to the semester of his death
Where the employee member has given the required
519. Funeral benefits? notification but the employer fails to notify the SSS of the
Under the SSS, a funeral grant equivalent to 30k shall be paid, confinement or to file the claim for reimbursement within the
in cash or in kind, to help defray the cost of funeral expenses period prescribed, and this resulted to the reduction of the
upon the death of a member, including PTD member or benefit or denial of the claim such employer shall have no
retiree right to recover the corresponding daily allowance he
advanced.
520. X was employed in March 30, 2018. He died in April 10, 2018. NOTE: the claim of reimbursement shall be adjudicated by
Are his heirs entitled to funeral benefits? the SSS within a period of 2 months.
521. X is an employee of y company. He worked for 24 months
and has been remitting to SSS. He suffered injuries. Can he 526. X is working with Y for 12 years. At age of 60 he retires. Can
claim for benefits? he claim for retirement benefits? Required monthly
522. Sickness benefits? contributions?
90% of average daily salary credit a. A member can claim for retirement benefits:
i. A member who has paid at least 3 monthly b. Paid at least 120 monthly contributions prior to the
contributions in the twelve-month period semester of retirement
immediately preceding the semester of sickness or c. Reached the age of 60 and is already separated from
injury employment or has ceased to be self-employed; or
ii. Confined therefor for more than 3 days in a hospital d. Reached the age of 65
or elsewhere with the approval of SSS i. Shall be entitled to a monthly pension as
long as he lives
CONDITIONS: ii. He may choose to receive his first 18
i. In no case shall the daily sickness benefit be paid monthly pensions in lump sums
longer than 120 days in 1 calendar year, nor shall discounted at a preferential rate of
any unused portion of the 120 days granted be interest
carried forward and added to the total number of
compensable days allowable in the subsequent 527. What if after 1 year, he got employed, what will happen to
year; his pension?
ii. Daily sickness benefit shall not be paid for more The monthly pension shall be suspended upon re-
than 240 days on account of the same confinement; employment of a retired member or resumption of self-
iii. Employee must notify employer of the fact of employment before reaching the age of 65.
sickness or injury within 5 calendar days after the
start of his confinement unless the confinement is 528. Until when will suspension last?
in a hospital or that he became sick or injured while Until the employee reaches the age of 65. Afterwhich, he will
be entitled again to monthly pension.
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529. How long will the retirement benefits last? 537. Death benefits?
As a rule, the member shall be entitled to the retirement 36 monthly contributions prior to the semester of death, his
benefit for as long as he lives. Upon his death, his primary primary beneficiaries shall be entitled to monthly pension. If
beneficiaries as of the date of his retirement shall be entitled he has no primary beneficiaries, his secondary beneficiaries
to the monthly pension. shall be entitled to a lump sum benefit equivalent to thirty six
monthly contributions.
If he has no primary beneficiaries, and he dies within 60
months from the start of the monthly pension, his secondary If he has not paid the required monthly contributions, his
beneficiaries shall be entitled to the lump sum benefit primary or secondary beneficiaries shall be entitled to a lump
equivalent to the total monthly pension corresponding to the sum benefit equivalent to the monthly pension times the total
balance of the five-year guarantee period excluding the monthly contribution paid or twelve times the monthly
dependent’s pension. pension, whichever is higher.

530. Who is a dependent? 538. Required monthly contributions for an employee to receive
The dependents shall be the following: disability benefits?
a. The legal spouse entitled by law to receive support 36 monthly contributions prior to the semester of disability if
from the member; he has not paid req contributions: lump sum benefit
b. The legitimate, legitimated, or legally adopted and equivalent to the monthly pension times the number of
illegitimate child who is unmarried, not gainfully contributions paid or times 12, whichever is higher
employed and has not reached twenty one years of
age, or if over 21, he his congenitally or while still a A member who has received a lump sum benefit, or is re-
minor, has been permanently incapacitated and employed or resumed self-employment not earlier than 1 year
incapable of self-support, physically or mentally; from the date of disability, shall be subject again to
c. The parent who is receiving regular support from compulsory coverage and shall be considered a new member.
the member
Monthly pension shall be suspended upon:
531. X is a member of SSS for 8 yrs. During year 5 of a. re-employment or resumption of self-employment
membership, is he entitled to retirement benefits? Even if he b. recovery of disabled member from his PTD
failed to pay the required monthly contributions? c. failure to present himself for examination at least
Yes. IF FAILED TO PAY 120 MONTHLY CONTRIBUTIONS: once a year for examination upon notice by SSS
Entitled to lump sum benefit equivalent to total contributions
made by him or on his behalf, PROVIDED that he is separated Upon the death of the PTD pensioner, the primary
from employment and is not continuing payment of SSS beneficiaries as of the date of disability shall be entitled to
contributions. receive monthly pension.

532. Rules on dependent’s pension? 539. PTD, upon reaching the age of 65 applied for retirement
Where monthly pension is payable on account of death, benefit, should the SSS grant?
permanent total disability or retirement, a dependent’s 540. GSIS Compulsory membership?
pension equivalent to 10% of the monthly pension or Php250 All employees receiving compensation who have not reached
shall be paid to each dependent child conceived on or before the compulsory retirement age, irrespective of employment
the date of contingency but not exceeding 5, beginning with status
the youngest and without substitution. EXCEPT:
i. Members of the AFP
Legitimate children shall be preferred over illegitimate ii. PNP
children. iii. Contractuals who have no er-ee relationship with
the agencies they serve
533. Illegitimate child, primary or secondary beneficiary? iv. FOR MEMBERS IN THE JUDICIARY AND
Primary: CONSTITUTIONAL COMMISSION – life
a. Dependent spouse until he/she remarries; insurance only
b. Dependent legitimate, illegitimate, legitimated or
legally adopted children 541. X, a gov employee for 5 years, wants to migrate to AUS, can
c. *dependent illegitimate children shall be entitled to he ask for reimbursement of his contributions?
50% of the share of the legitimate, legitimated or 542. X, 5 years, dismissed for serious dishonesty, will that affect
legally adopted children; in absence thereof, they his membership?
will be entitled to 100% of the benefits No. A member separated from service shall continue to be a
member, and shall be entitled to whatever benefits he has
Secondary: qualified to in the event of any contingency compensable
a. Dependent parents under this Act.
b. Any other person designated
543. Benefits under the GSIS?
534. X died while on a vacation. Is he entitled to death benefits? a. Monthly pension
535. What if not due to work? b. Separation benefits
536. What if drug overdose? c. Unemployment or involuntary separation benefits
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d. Retirement benefits 550. Will separation benefit apply in the case of x, 15 years in
e. Disability benefits gov’t, upon reaching the age of 50, can he avail himself of the
f. survivorship benefits benefit?
g. funeral benefits No. It is required that he must have been separated or
h. life insurance benefits resigned from service. Nevertheless, the pension can only be
i. loan grants paid at the age of 60.

544. Is survivorship benefit different from death benefit? 551. What kind of benefit shall he receive? Lump sum?
545. Required monthly contributions? ▪ Cash payment equivalent to 100% of the AMC for each
Survivorship benefit: year of service he has paid contributions (LUMP SUM)
a. Deceased was in the service at the time of his death; ▪ Cash payment equivalent to 18 x basic monthly pension
b. If separated from service, he has rendered at least 3 at the time of resignation or separation plus an old-age
years of service at the time of his death and pension benefit equal to the basic pension (MONTHLY)
c. paid at least 36 monthly contributions within the
five-year period immediately preceding his death 552. What if he reached retirement age?
OR 180 monthly contributions prior to his death He is qualified for retirement benefits. He has a choice
between:
546. Primary and Secondary beneficiaries the same? a. Five year lump sum payment equivalent to 60
Primary: months of BMP payable upon retirement plus old-
a. Legal dependent spouse until he/she remarries age pension benefit payable for life, starting on the
b. The dependent children first day of the month following the expiration of
Secondary: the five year guaranteed period covered by lump
a. Dependent parents; sum
b. Legitimate descendants b. Cash payment equivalent to 18 months of the basic
monthly pension plus monthly pension for life
547. Funeral benefit, required monthly contribution? payable immediately with no 5 year guarantee
To be entitled to funeral benefit, he must be a: period.
a. An active member as defined under Sec. 2
b. A member who has been separated from service CONDITIONS:
but who may be entitled to future benefit under sec. i. He has rendered at least 15 years of
4 service
c. Pensioner – any person receiving old-age or ii. He is at least 60 years of age at the time
permanent disability pension or any person who of retirement
received lump sum excluding one receiving iii. He is not receiving a monthly pension
survivorship benefit benefit from PTD
d. Retiree
553. Can he acquire simultaneously retirement and separation
548. How much is the benefit? benefit?
Php 20,000 554. What is involuntary separation benefit?
Conditions:
549. What is separation benefit? a. Employee was a permanent employee at the time
It consists of cash payment equivalent to 100% of the AMC for of separation
each year of service he has paid contributions b. Employee is separated from service due to
abolition of his office or position usually resulting
Conditions: in reorganization; and
a. Payable upon reaching the age of 60 c. He has been paying integrated contributions for at
b. He has resigned or separated from service least one year but less than 15 years prior to
c. He has rendered at least 3 years but not more than separation
15 years
555. Involuntary separation benefit, required contributions?
Cash payment equivalent to 18 x basic monthly pension at the Integrated contributions for at least one year but less than 15
time of resignation or separation plus an old-age pension years prior to separation
benefit equal to the basic pension
556. If less than required?
Conditions: 557. Types of disability benefits?
a. Payable monthly upon reaching the age of 60 Permanent Total, permanent partial and Temporary total
b. Resigned or separated from service disability
c. Rendered at least 15 years of service
558. PPD, how long will it last?
According to the schedule of disabilities to be prescribed by
the GSIS

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559. What is Limited Portability Law a. What if the mother is found to be suffering from
An act constituting limited portability scheme in the social PTD, is she a dependent?
security insurance systems by totalizing the worker´s 569. Can an alien be a member?
creditable services or contributions in each of the systems. Yes. Under the Informal Economy member category.
Provided that they possess:
560. How often can an employee avail of the provisions in the ▪ Valid working permits; and/or
LPT? ▪ Aliens Certificate of Registrations (ACRs); and/or
In case of overlapping periods of membership, it shall be ▪ Residing in the Philippines
credited only once for the purposes of totalization
a. Is there a need for a reciprocal agreement?
561. Ms. X employed in private sector for 6 years, 2 months
before childbirth she was appointed to a public office, can she 570. What are the requirements for a member to avail?
avail of the LPL? a. He must suffer illness or injury which requires
a. Can she still enjoy maternity leave under SSS treatment as in-patient or out-patient in an
although she is now a member of GSIS? accredited health care institution
Totalization shall apply in all cases so that the b. He must have paid premium contributions for at
contributions made by the worker-member in both least 3 months within the 6 month period prior to
systems shall provide maximum benefits which the first day of his or his dependents´ availment
otherwise will not be available. c. He must show that he contributes thereto with
sufficient regularity, as shown in their health
All contributions paid bu such member personally, insurance ID card
and those that were paid by his employers to both d. He must be currently subject to the penal sanctions
systems shall be considered in the procession of under the law.
benefits which he can claim from either or both
systems. 571. Is there a need for the ID?
572. Mr. X, self-employed member from January to May, was
562. What is the purpose of Philhealth Law? able to remit; but because of losses for 4 months, he failed to do
Enacted to implement the Constitutional duty to adopt an so. Can he pay in October for the missed months?
integrated and comprehensive approach to health 573. Can members enjoy benefits abroad? Procedure?
development and to make essential goods, health and other 574. How much can be reimbursed?
social services available to all the people at affordable cost, 575. What if the member died, 5 dependents got injured. Can
with priority for the needs of the underprivileged, sick, they avail of the benefits of the deceased?
elderly, disabled, women, and children, and provide medical 576. Does Philhealth cover treatments for acne problems?
care to paupers. No. It does not cover expenses for the following services:
a. Non-prescription drugs and devices;
563. Who are covered by Philhealth? b. Alcohol abuse or dependency treatment;
All citizens of the Philippines are covered. Coverage is c. Cosmetic surgery;
compulsory. d. Optometric surgery;
e. Fifth and subsequent normal obstetrical deliveries;
564. Is membership of the informal sector compulsory? Yes. f. Cost-ineffective procedure, which shall be defined
by the PhilHealth
565. Is there a minimum age for membership? No. g. Outpatient psychotherapy and counseling for
mental disorders
566. Is there an age limitation to become a member? No. h. Home and rehabilitation services-

567. Who are the dependents under the IRR? 577. How about dental treatments? No.
a. Legitimate spouse who is not a member; 578. What is Pag-IBIG law?
b. The unmarried and unemployed legitimate, Provides for a provident savings system for employees in the
legitimated, illegitimate, acknowledged children as private and public sectors supported by matching
appearing in the birth certificate; legally adopted or contributions of their respective employers, with housing as
stepchildren below 21 years of age; primary investment.
c. Children who are 21 years old or above but
suffering from congenital disability, either physical 579. Who are the members?
or mental, or any disability acquired that renders Coverage is mandatory upon all employers and employees
them totally dependent on the member´s support; covered by the SSS and GSIS, an their respective employers.
d. The parents who are 60 years old or above whose
monthly income is below an amount to be Mandatory Coverage:
determined by the Corporation a. All employees who are compulsorily covered by the SSS;
Provided, that for purposes of mandatory coverage in
568. Mr. X is 40 years of age, employee of Y company, has a child, the Fund of persons who are compulsorily covered by
no spouse, and has a mother who is 60 years old, owns a sarisari the SSS, the term employee shall be understood the
store, but is not a philhealth member. Can the mother be a manner by which the SSS defines it, and shall include,
dependent if she gets sick? but not limited to:
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i. A Private employee, whether permanent,


temporary or provisional, who is not over 60 a. Spouses who devote full time to managing the
years old. household and family affairs, unless they also engage in
ii. A household-helper earning at least P1,000 a another vocation or employment which is subject to
month. A household-helper is any person who mandatory coverage.
renders domestic services exclusively to a b. Filipino employees of foreign government or
household such as driver, gardener, cook, international organization, or their wholly-owned
governess, and other similar occupations. instrumentality based in the Philippines, in the absence
iii. A Filipino seafarer upon the signing of the of an administrative agreement with the Fund.
standard contract of employment between the c. Employees of an employer who is granted a waiver or
seafarer and the manning agency which, suspension of coverage by the Fund under R.A. 9679.
together with the foreign shipowner, act as d. Leaders and members of religious groups;
employers. e. A member separated from employment, local or abroad,
iv. A self-employed person, regardless of trade, or ceased to be self-employed, but would like to continue
business or occupation, with an income of at paying his or her personal contribution. Such member
least P1,000 a month and not over 60 years old. may be a pensioner, investor, or any other individual
This includes, but not limited to; self-employed with passive income or allowances.
professionals; business partners, single f. Public officials or employees who are not covered by the
proprietors and board directors; actors, GSIS, such as Barangay Officials, including Barangay
actresses, directors, scriptwriters and news Chairmen, Barangay Council Members, Chairmen of
reporters who are not under an employer- Sangguniang Kabataan, and Barangay Secretaries and
employee relationship; professional athletes, Treasurers.
coaches, trainers and jockeys; farmers and g. Such other earning groups as may be determined by the
fisherfolks; and workers in the informal sector Board by rules and regulations.
such as cigarette vendors, watch-your-car boys,
among others. Provided, that a self-employed Provided, that any foreign government, international
person subject to compulsory coverage by the organization or their wholly-owned instrumentality
SSS shall be treated by the Fund as both employing workers in the Philippines or employing
employee and employer at the same time, and Filipinos outside of the Philippines, may enter into an
shall therefore be required to pay both the agreement with the Fund for the inclusion of their
employee and the corresponding employer employees as members of the Fund; Provided, further,
contributions. that the terms of such agreement shall conform with the
provisions of R.A. 9679 and these Rules on coverage and
Provided finally, that actual membership in the amount of payment of contributions and benefits;
SSS shall not be a condition precedent for Provided, finally, that the provisions of the said Act shall
mandatory coverage in the Fund, it being be supplementary to any such agreement.
sufficient that the person ought to be covered
compulsorily by the SSS. 580. Membership Term
b. All employees who are subject to mandatory coverage Shall be for a period of 20 years, commencing from the first
by the GSIS, regardless of their employment status. day of the month to which the member´s initial contribution
c. Uniformed members of the Armed Forces of the to the fund applies.
Philippines, the Bureau of Fire Protection, the Bureau of
Jail Management and Penology, and the Philippine Provided, that the member shall have contributed a total of
National Police. 240 monthly contributions
d. Filipinos employed by foreign-based employers.
Coverage under the Fund shall be mandatory for 581. Can a member withdraw his or her membership?
Filipinos employed by foreign-based employers NO. However, he may withdraw his contributions
whether deployed here or abroad, or a combination
thereof, but whose respective employers are exclusively Members who have no outstanding loans may withdraw the
based outside of the Philippines. The employers shall total accumulated value of their contributions to the Fund
not be subject to mandatory coverage. Provided, that if after the 10th or 15th year of continuous membership.
the employer maintains an office or agent in the
Philippines that effectively acts as an employer of the This option can be exercised only once and shall not prejudice
Filipino, then such office or agent shall be deemed an the member´s continuing membership in the Fund.
employer subject of mandatory coverage under R.A.
9679. 582. What are the programs they provide?
Savings or Provident Savings Program - the contributions that
Voluntary Coverage - Persons who are at least eighteen (18) a member makes together with the employer counterpart are
years old but not more than sixty five (65) years old and are credited to his Total Accumulated Value
not subject to mandatory coverage may be covered by the
Fund on a voluntary basis, subject to such terms and A member contributing two percent of his monthly
conditions stated in these Rules or as the Board may impose, compensation doubles his savings immediately with the
and shall include, but not limited to, the following: addition of the employer counterpart contribution.
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Meanwhile, a member contributing one percent of his b. Purchase of a residential unit, whether
monthly compensation triples his savings as the employer old or new, with home improvement;
counterpart remains at two percent. c. Refinancing of an existing mortgage with
home improvement;
Aside from being fully guaranteed by the national d. Refinancing of an existing mortgage,
government, members’ contributions are deducted from the specifically a lot loan, with construction
gross income prior to computation of the income tax. of a residential unit thereon.
Members’ savings earn annual dividends that are also tax- Under the Magaang Pabahay, Disenteng Buhay Program, a
free. The dividend rate varies depending on the net income of qualified member may purchase an acquired asset of the
the Fund at year end. Fund either in cash or through a housing loan at very
reasonable prices. A buyer who purchases an acquired asset
Short-term Loan programs - are meant to provide assistance in cash is entitled to a 20% discount on the property’s sales
to its members, provided they are active and have made at price, while a buyer who purchases through a housing loan is
least 24 monthly contributions. entitled to a 15% discount on the property’s sales price.

There are two short-term loan programs that a member may 583. Who can avail of the housing loan?
avail of when the need arises. A member of good standing may apply for a housing loan,
a. The Multi-Purpose Loan Program was designed to under such terms as may be authorized by the Board of
help finance members’ immediate medical, Trustees, taking into account ability to pay.
educational or livelihood needs; minor home a. Must be a member under the Pag-IBIG I for at least 24
improvement, purchase of appliance and furniture, months, as evidenced by the remittance of at least 24
and other related needs. monthly contributions at the time of loan application.
b. The Calamity Loan Program is extended to b. Not more than 65 years old at the date of loan
members who have been affected by a recent application and must be insurable; provided further that
calamity, as proven by a declaration of calamity in he is not more than 70 years old at loan maturity;
their area of residence. c. Has the legal capacity to acquire and encumber real
property;
Housing Programs – an eligible member may avail of a d. Has passed satisfactory background/credit and
housing loan under either the End-User Financing Program employment/business checks conducted by the
or the Magaang Pabahay, Disenteng Buhay Program. Under developer and the Pag-IBIG Fund;
the End-User Financing Program, a member may avail of a e. Has no outstanding Pag-IBIG housing loan, either as a
loan to finance any of the following (Circular 247): principal borrower or co- borrower;
a. Purchase of a fully developed lot not exceeding one f. Has not availed of a Pag-IBIG housing loan that was
1,000 square meters, which should be within a foreclosed, cancelled, bought back due to default, or
residential area; subjected to dacion en pago, which shall include cases
b. Purchase of a residential house and lot, townhouse where the borrower is no longer interested to pursue the
or condominium unit, inclusive of a parking slot. loan and surrenders the property;
The unit may be: g. May have an outstanding Pag-IBIG multi-purpose loan
a. Old or brand new; but which is updated in payments at the time of loan
b. A property mortgaged with the Fund; or application. A member whose multi-purpose loan is in
c. An acquired asset, which is disposed of arrears shall be required to pay his arrears over the
through sealed public bidding, counter to update his account.
negotiated sale, or the Rent-to-Own
Program. 584. Mr. C Pag-IBIG member for years, wants to purchase a farm
c. Construction or completion of a residential unit on lot can he avail of a loan
a lot owned by the member; 585. 10 million peso house and lot; will Pag-IBIG grant?
d. Home improvement, i.e. any alteration in an a. How much is the maximum loan amount?
existing residential unit intended by a homeowner A qualified Pag-IBIG member shall be allowed to
to be a permanent integral part of the property, borrow an amount up to a maximum of Six Million
which will enhance its durability and material Pesos (Php 6,000,000.00), which shall be based on
value; the lowest of the following:
e. Refinancing of an existing mortgage with an i. The Member’s Actual Need,
institution acceptable to the Fund, provided that: ii. His Loan Entitlement Based On Capacity
a. The loan is not in default within the 12 To Pay,
months prior to the date of application; iii. The Loan-To-Appraisal Value Ratio.
b. The said loan has a repayment history of iv. The availability of the loan package for
at two years with the original mortgagee over P3M to P6M shall be limited by the
f. Combination of loan purposes, which shall be Fund’s annual funding allocation for the
limited to the following: said package.
a. Purchase of a fully developed lot not
exceeding 1,000square meters and 586. Mr. X, member, obtained a housing loan for 10 years, on his
construction of a residential unit thereon; third year, the house was destroyed due to force majeure. He
stopped payment. Can he be prosecuted?
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587. Can Pag-IBIG just foreclose the property? 595. Natalia Realty
588. Is there any penal sanction? 596. Farm land, 50 hectares owned by indigenous community, is
Refusal or failure to register its employees, collect and remit it covered?
employee contributions as well as employer counterparts, or It depends on w/n land is ancestral. Ancestral lands are
the correct amount due, will subject the employer to: exempt from the coverage of the agrarian reform program.
a. A fine of not less, but not more than twice the
amount involved; or 597. All agricultural land are subject to carp?
b. Imprisonment of not more than 6 years; or 598. Discuss the landowner’s right of retention
c. Both, in the discretion of the court. Under Section 6 of the CARL, the landowner has the right to
retain not more than 5 hectares of his landholdings. The
589. Agrarian Reform? retained area need not be personally cultivated by the
The redistribution of land, regardless of crops or fruits landowner—cultivation can be done indirectly through labor
produced to farmers and regular farmworkers who are administration.
landless, irrespective of tenurial arrangement, to include the
totality of factors and support services designed to lift the 599. X, land owner, 20 hectares of agricultural land, covered by
economic status of the beneficiaries and all other CARP. Who determines the choice?
arrangements alternative to the physical redistribution of The landowner has the right to choose the area to be retained.
lands, such as production or profit sharing, labor
administration, and the distribution of shares of stocks, which a. If he wants it to be the shape of the sun, is it valid?
will allow beneficiaries to receive a just share of the fruits of The chosen area should be compact or contiguous.
the lands they work.
b. In case the DAR did not agree, who will choose?
590. Properties covered? As long as the area to be retained is compact or
Applies only to agricultural lands. contiguous, and it does not exceed the retention
ceiling of five hectares, the landowner´s choice of
591. Agricultural Land? area to be retained must prevail.
Refers to land devoted to agricultural activity and not
classified as mineral, forest, residential, commercial or c. Can the DAR insist their choice? How about the
industrial land. farmer´s beneficiary?
600. XY spouses, property covered by CARP. Child owns 5
592. The government owns land used as public cemetery for 20 hectares, is he still entitled?
years and was abandoned for 10 years, considered covered? No. Children of the landowner are entitled to 3 hectares each
Idle or abandoned land – refers to any agricultural land not provided:
cultivated, tilled, or developed to produce any crop nor i. The child is at least 15 years old; and
devoted to any specific economic purpose continuously for a ii. The child is actually tilling the land or directly
period of 3 years immediately prior to the receipt of notice of managing the farm
acquisition by the government as provided under this Act,
but does not include land that has become permanently or A qualified child who owns less than five hectares of
regularly devoted to non-agricultural purposes. It does not agricultural land is still entitled to an award of his parent´s
include land which has become unproductive by reason of landholding provided that his total area, including the area to
force majeure or any other fortuitous event, provided that prior be awarded does not exceed the 5 hectare ownership ceiling.
to such event, such land was previously used for agricultural
or economic purpose. 601. Exceptions to the Retention Limits?
602. Who are qualified to become farmer beneficiaries.
593. Agrarian dispute? Farmer must be:
Refers to any controversy relating to tenurial arrangements, i. A Filipino Citizen
whether leasehold, tenancy, stewardship or otherwise, over ii. Resident of the barangay or municipality where the
lands devoted to agriculture, including disputed concerning landholding is located;
farmworkers´ associations or representation of persons in iii. A least 15 years old at the time of identification,
negotiating, fixing, maintaining, changing, or seeking to screening and selection; and
arrange terms or conditions of such tenurial arrangements. iv. Willing, able, and equipped with aptitude to
cultivate and make the land productive.
It includes any controversy relating to compensation of lands
acquired under this Act and other terms and conditions of 603. Obligations of FB
transfer of ownership from landowners to farmworkers, a. Exercise due diligence in the use, cultivation, and
tenants and other agrarian reform beneficiaries, whether the maintenance of the land, including improvements
disputants stand in the proximate relation of farm operator thereon; and
and beneficiary, landowner and tenant, or lessor and lessee. b. Pay the Land Bank 30 annual amortizations with
6% interest per annum
594. X disputes the Notice of Coverage, is it an agrarian dispute?
The Secretary of Agrarian Reform has the jurisdiction and 604. Different modes of acquisition
authority to exempt or exclude a property from the coverage 605. CMU case
of the agrarian reform program.
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606. Prior to the expiration of CARP what are the modes of i. If the landowner receives the
acquisition recognized by law? corresponding payment; or
607. Republic v. CA ii. If the landowner does not respond to the
608. Are commercial farms covered by CARP? Notice of Acquisition.
Yes. Implementation of CARL is deferred on commercial e. Request by the Department of Agrarian Reform to
farms for 10 years: the Register of Deeds to issue a Transfer Certificate
a. From the effectivity of CARL —for farms already of Title to the Republic of the Philippines;
existing when the law took effect; and f. Distribution of the land to qualified beneficiaries.
b. From the first year of commercial production
operation —for new farms. 614. What is just compensation
The full and fair equivalent of the property taken from its
609. Modes of Acquisition for commercial farms? owner by the expropriator.
a. Voluntary offer to Sell
b. Compulsory acquisition 615. Role of DARAB
c. Direct payment scheme To conduct a summary administrative proceeding for the
preliminary determination of just compensation in order to
610. How is it distributed? determine whether land valuation computations of the Land
Commercial farms may be distributed individually or Bank are in accordance with the rules or administrative
collectively. Individual beneficiaries are entitled to 3 hectares orders.
each or a minimum of 1 hectare each, if the land is not
sufficient to accommodate them. 616. Factors in determining just compensation
a. Capitalized Net Income (CNI) which is based on land use
If it is not economically feasible and sound to divide the land, and productivity;
the beneficiaries will be obliged to form a workers b. Comparable Sales (CS) which is based on 70% of the BIR
cooperative or association. zonal value; and
c. Market Value (MV) which is based on the Tax Declaration
611. Qualification of commercial farm beneficiaries?
a. Must be 18 years old at the time of the filing of the 617. Is the consent of the beneficiary necessary to determine just
application as beneficiary; compensation?
b. Must have the willingness, aptitude, and ability to NO. The only parties in the valuation are the landowner, the
cultivate and make the land productive; and DAR, and the Land Bank. The Land Bank cannot refuse to pay
c. Must have been employed in the commercial farm the valuation set by the PARAD simply because the consent
between June 15, 1998 or upon expiration of the of the farmer-beneficiary was not obtained in fixing the just
deferment. compensation.

612. Obligations? 618. Remedy, in case of disagreement?


613. Compulsory Acquisition Procedure The valuation set by the Land Bank is not conclusive. The
a. Identification by the Department of Agrarian landowner can still contest the same in the proper court; i.e.,
Reform of the Land, Landowner and beneficiary; the RTC designated as Special Agrarian Court.
b. Notice by the DAR to the landowner about the
compulsory acquisition and the price offer, thru the 619. Can the land owner, insist to be paid in cash?
following means; NO. The landowner cannot insist because it is not sanctioned
i. personal notice or by registered mail; by the Agrarian Reform Law. The law says that the just
and compensation shall be paid partly in cash and the remainder
ii. posting of the notice in a conspicuous by the means of bonds, government financial instruments,
place in the barangay hall and municipal etc.,
hall where the land is located.
c. Reply by the landowner about his acceptance or 620. 60m, mode of payment?
rejection of the offered price: 621. 30 hectares, how much?
i. If the landowner accepts the offered price a. Land above 50 ha.
– the Land Bank will pay the landowner i. 25% cash;
within 30 days from execution and ii. 75% in government financial instruments
delivery of Deed of Transfer; b. Lands above 24 ha. to 50 ha.
ii. If the landowner rejects the offer – the i. 30% cash;
DAR will determine the just ii. 70% GFI
compensation thru summary c. Lands 24 ha. and below:
administrative proceedings; i. 35% cash;
iii. If the landowner disagreed with the ii. 65% GFI
decision of the DAR, he may bring the
matter to the regular courts of justice for 622. What are governmental financial instruments?
final determination of just compensation. 623. What does sec. 22 provide?
d. Taking of immediate possession of the land by the Qualified beneficiaries (SEE PROVISION)
DAR;
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624. Absolute requirement, same municipality? After the fifth year, the interest rate and/or the principal
625. Can the DAR issue a collective title? Do they need the obligation may be reduced by the Land Bank to make the
consent of the farmworkers? repayment affordable:
As a general rule, the land awarded to the individual farmer- a. If due to the failure of production, the scheduled annual
beneficiary and should be covered by an individual title. payments exceed 10% of the annual gross production; and
b. The failure to produce is not due to the beneficiary’s fault.
However, if the beneficiaries opt for collective ownership,
such as farmers cooperative, collective ownership title may be 630. When does DAR issue CLOA?
issued in the name of the co-owners or the collective The DAR will issue the CLOA only upon full payment of
organization. amortization by the farmer-beneficiary. The CLOA in turn,
becomes the basis for the issuance in his name of an original
626. Who are disqualified? or transfer certificate of title.
a. Those who do not meet the basic qualifications;
b. Those who have waived their right to become a beneficiary 631. Discuss the nature of CLOA, same as TCT?
in exchange for compensation provided that the waiver CLOA is indefeasible. These are titles brought under the
has not been questioned in the proper government operation of the Torrens System.
entity;
c. Those who have not paid an aggregate of 3 annual 632. Is CLOA sufficient to prove ownership? Yes.
amortizations; 633. Grounds for cancellation?
d. Those who have failed to exercise right of redemption/ a. Abandonment of the land;
repurchase within 2 years resulting in the foreclosure of b. Neglect or misuse of land;
mortgage by the Land Bank of a previously awarded c. Failure to pay 3 annual amortizations;
land; d. Misuse or diversion of financial and support
e. Those who refused to pay 3 annual amortizations for land services;
acquires through voluntary land transfer or direct e. Sale, transfer or conveyance of the right to use the
payment scheme, resulting in the repossession by the land; and
landowner; f. Illegal conversion of the land.
f. Those who have been dismissed for cause;
g. Those who have obtained substantially equivalent 634. Pending issuance of the CLOA, what are the rights of the
employment, i.e., any employment or profession from beneficiaries, if any?
which the applicant-farmer derives income equivalent to The identified and qualified agrarian reform beneficiaries
the income of a regular farm worker at the time have usufructuary rights over the awarded land which the
identification, screening, and selection of the beneficiary; DAR, has taken possession.
h. Those who have retired or voluntarily resigned from their
employment; 635. Explain the agribusiness venture arrangements which
i. Those who have misused the land or diverted the financial commercial farm beneficiaries may enter into
support services extended by the government; a. Joint Venture Agreement - a company is organized
j. Those who have misrepresented material facts in their basic and co-owned by an investor and the agrarian
qualifications; reform beneficiaries through their cooperative or
l. Those who have sold, disposed, or abandoned the lands association
awarded to them by the government; b. Lease Agreement - the agrarian reform
m. Those who have converted agricultural lands to non- beneficiaries (ARB) through their cooperative or
agricultural use without prior approval of the DAR. association, enter into a contract of lease with the
n. Those who have been finally adjudged guilty of forcible land owner or investor. Lessee controls the farm
entry or unlawful detainer over the property; and operations for a period not exceeding 10 years.
o. Those who have violated agrarian reform laws and c. Growership Agreement - ARB or their cooperative
regulations. produce certain crops for an investor or
agribusiness firm which buys the produce at pre-
627. Size of the property to be given? arranged terms
No qualified beneficiary may own more than 3 ha. of d. Management Contract - ARB or their cooperative
agricultural land. If a tenant or farm worker already owns 2 hire the services of the landowner or investor to
ha., he can still be awarded 1 hectare. manage and operated the farm in exchange for
fixed wages or commission.
628. What if the beneficiary has already 1 hectare? e. Build-Operate-Transfer Scheme - The project
May be awarded 2 ha. proponent undertakes the financing and
construction of a given infrastructure facility and
629. Discuss the basis of monthly amortization and schedule of the operation and maintenance thereof for an
payments. agreed period of time not exceeding 25 years.
The maximum amortization is 5% of the annual gross
production as established by the DAR. 636. What is a corporate farm?
Farms owned or operated by corporations or other business
associations

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637. Requisites • Marketing of agrarian reform bonds


638. What is homelot? • Other services designed to utilize productively the
Land not exceeding 1,000 sqms which the beneficiary can use proceeds of the sale of such lands for rural
as the site of his permanent dwelling and for raising industrialization.
vegetables, poultry, pigs and other animals and engaging in
minor industries. 647. Can a farmer beneficiary sell/transfer land?
ARB cannot, within a period of 10 years, sell or transfer
639. When is there collective ownership? ownership of the land awarder to them except:
When it is not economically feasible and sound to divide the • Through hereditary succession;
land, then it shall be distributed indirectly to the worker • To the government
beneficiaries through a workers´ cooperative or association • To the Land Bank of the Philippines
• To to other qualified beneficiaries
640. Requirements for issuance of collective title
a. The farm management system of the land covered 648. Can he lease if to another?
is not appropriate for individual farming YES. What the law prohibits is the transfer of ownership, not
b. The farm labor system is specialized the transfer of possession.
c. The beneficiaries are currently not farming
individual parcels but collectively work on large 649. At the time of the transfer, the land owner already planted
contiguous areas; and crops. Who owns it?
d. The farm consists of multiple crops being framed in 650. What is PARCCOM?
an integrated manner or includes non-crop Provincial Agrarian Reform Coordinating Committee
production areas that are necessary for the viability
of farm operations, such as packing plants, storage 651. Functions?
areas, dikes, and other similar facilities that cannot • Coordinate and monitor the implementation of the
be subdivided or assigned to individual farmers. CARP in the province;
o The PARC shall provide the guidelines for a
641. How big is a homelot? Not exceeding 1,000 square meters province-by-province implementation of the
CARP. The ten-year program of distribution
642. Can a homelot be used to build a sari-sari store? of public and private lands in each province
YES. Homelot is land not exceeding 1,000 sqms which the shall be adjusted from year to year by the
beneficiary can use as the site of his permanent dwelling and province's PARCCOM, in accordance with the
for raising vegetables, poultry, pigs and other animals and level of operations previously established by
engaging in minor industries. the PARC, in every case ensuring that support
services are available or have been
643. What is PARC? programmed before actual distribution is
Presidential Agrarian Reform Council effected. [Section 45]
• Provide information on the following:
644. Functions and Duties? [EO 229, 1987] o Provisions of the CARP;
• Formulate and implement policies, rules and regulations o Guidelines issued by the PARC; and
necessary to implement the CARP; o Progress of the CARP in the province.
• Recommend small farm economy areas;
• Schedule the acquisition and distribution of specific 652. BARC?
agrarian reform areas; and Barangay Agrarian Reform Council
• Control mechanisms for evaluating the owner's
declaration of current fair market value. 653. Functions and Duties?
a. Mediate and conciliate between parties involved in
645. What are the support services provided by PARC? an agrarian dispute;
For Beneficiaries: b. Assist in the identification of qualified beneficiaries
• Land Surveys and Tillings and landowners within the barangay;
• Liberalized access to credit c. Attest to the accuracy of the initial parcellary
• Socialized terms on agricultural credit facilities mapping of the beneficiary's tillage;
• Technology transfer d. Assist qualified beneficiaries in obtaining credit
• Infrastructure, such as storage facilities, mini dams, etc. from lending institutions;
e. Assist n the initial determination of the value of the
646. Does it provide for support services for the land owners? land;
YES. f. Assist the DAR representative in the preparation of
• Investment information, financial and counseling periodic reports on the CARP implementation;
assistance g. Coordinate the delivery of support services to
• Facilities, programs and schemes for the conversion or beneficiaries;
exchange of bonds issued for payment of the lands h. [EO 229] To participate and give support to the
acquired with stocks and bonds issued by the National implementation of programs on agrarian reform
Government, the BSP and other government Institutions i. To mediate, conciliate or arbitrate agrarian conflicts
and instrumentalities and issues that are brought to it for resolution; and
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j. To perform such other functions that the PARC, its recommended by the concerned RARAD
Executive Committee, or the DAR secretary may and approved by the Board; and
delegate c. Preliminary determination of just
compensation of lands valued at P10M to
654. Two-fold jurisdiction of DAR P50M
a. Essentially EXECUTIVE and pertains to the d. Conduct hearing on applications for the
enforcement and administration of the laws, issuance of a writ of preliminary
carrying them into practical operation and injunction or temporary retraining order
enforcing their due observance and such other cases which the Board
b. JUDICIAL and involves the determination of rights may assign
and obligations of the parties.
661. May you file an MR for a decision of PARAD, or appeal?
655. Does it have appellate jurisdiction? Within fifteen (15) days from receipt of notice of the order,
DAR, through DARAB, have exclusive appellate jurisdiction resolution, or decision of the Board or Adjudicator, a party
to review, reverse, modify, alter, or affirm resolutions, orders may move for reconsideration of such order, resolution, or
and decisions of the Agrarian Reform Adjudicators. decision on the grounds that:
• the findings of fact in the said decision, order, or
656. Cases which fall under the jurisdiction of DARAB resolution are not supported by substantial evidence;
• Primary jurisdiction to determine and adjudicate or
agrarian reform matters; and • the conclusions stated therein are contrary to law and
• Appellate jurisdiction over orders and decisions of the jurisprudence.
Agrarian Reform Adjudicators
The motion for reconsideration shall be filed together with
657. Is DAR equal to DARAB? proof of service of a copy thereof upon the adverse party.
658. What is the PARAD?
Provincial Agrarian Reform Adjudicators The filing of a Motion for Reconsideration shall interrupt the
period to perfect an appeal. If the motion is denied, the
659. Cases under its original and exclusive jurisdiction? aggrieved party shall have a period of fifteen (15)days
PARAD has primary and exclusive jurisdiction to hear and reckoned from the receipt of the notice of denial.
decide agrarian disputes.
662. Period of Appeal
Agrarian dispute refers to any controversy relating to Decisions of the PARAD are appealable to the DARAB within
tenurial arrangements, whether leasehold, tenancy, 15 days.
stewardship or otherwise over lands devoted to agriculture,
including disputes concerning farm workers´s associations or 663. Jurisdiction of Special Agrarian Court
representation of persons in negotiating, fixing, maintaining, Original and exclusive jurisdiction to hear and decide:
changing, or seeking to arrange terms or conditions of such a) Petitions for determination of just compensation to
tenurial arrangements. landowners; and
b) Criminal violations of the CARL
It includes any controversy relating to compensation of lands
acquired under this Act and other terms and conditions of 664. If agrarian dispute is filed with the SAC?
transfer of ownership from landowners to farm owners, The court should not dismiss the case. Instead, it should refer
tenants and other agrarian reform beneficiaries, whether the the matter to the DAR for the purpose of determining whether
disputants stand in the proximate relation of farm operator an agrarian dispute exists.
and beneficiary, land owner and tenant, or lessor and lessee.
The aggrieved has 15 days to appeal the ruling of the DAR to
660. RARAD? the
Regional Agrarian Reform Adjudicators a) Regional trial Court - for cases referred by the
As Executive Adjudicator in the Region, it is vested with the Municipal Trial Court or the prosecutor’s office;
following functions: and
a) Administrative supervision over the PARAD b) Court of Appeals - for cases referred by the
including the monitoring of cases in the region; Regional Trial Court
b) Conduct hearing and adjudication of agrarian
disputes within the Region 665. Restraining order with regard to the implementation by
c) Conduct hearing on the following: CARP?
a. Cases that cannot be handled by the Except for the Supreme Court, no court in the Philippines
PARAD on account of inhibition, shall have jurisdiction to issue any restraining order or writ of
disqualification or when there is no preliminary injunction against the PARC, the DAR or any of
PARAD designated in the locality its duly authorized agencies in any case, dispute or
b. Matters of such complexity and controversy arising from, necessary to, or in connection with
sensitivity that the decisions thereof the application, implementation, enforcement, or
would constitute an important precedent interpretation of the Act and other pertinent laws on agrarian
affecting regional interest as may be reform.
pg. 43
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b) All irrigated lands for rice and other crop


-so as not to disrupt the smooth implementation of the production
agrarian reform program. c) All irrigated lands within areas programmed for
But once a ruling has been rendered, the prohibition will no irrigation facility rehabilitation by the Dept of
longer apply. Agriculture or National Irrigation Administration
d) All irrigable lands already covered by irrigation
666. Role of Land Bank in CARP projects with firm funding commitments as
The Land Bank is the financial intermediary for the CARP. delineated by DA or NIA
The determination of just compensation under the CARL e) All agricultural lands with irrigation facilities
commences with the Land Bank determining the value of the operated by private organizations
lands. Using the Land Bank´s valuation, the Department of
Agrarian Reform makes an offer to the landowner. Highly Restricted
a) Irrigable lands not covered by irrigation projects
667. Conversion with firm funding commitment;
Conversion is the act of changing the current use of a piece of b) Agro-industrial croplands, or lands presently
agricultural land into some other use, to wit: planted to industrial crops that support the
a) For residential, commercial, industrial, and other economic viability of existing agricultural
non-agricultural purposes; Infrastructure and agro-based enterprises;
b) For another type of agricultural activity such as c) Highlands or areas located in elevations of 500
livestock, poultry, and fishpond the effect of which meters or above and have the potential for growing
is to exempt the land from CARP coverage; semi-temperate and usually high-value crops;
c) For on-agricultural use other than that previously d) Lands issued with notice of land valuation and
authorized acquisition, or subject of a perfected agreement
between the landowner and the beneficiaries under
668. Reclassification the voluntary land transfer/direct payment scheme
The act of specifying how agricultural lands shall be utilized under CARP; and
for non-agricultural uses such as residential, industrial, and e) Environmentally critical areas as determined by the
commercial, as embodied in the land use plan, subject to the DENR
requirements and procedures for land use conversion.
These are highly restricted because apart from the
669. Can farmer beneficiary request for reclassification? At any standard requirements, a project feasibility study and
time? environmental compliance certificate is required.
After the lapse of five (5) years from it’s award xx the DAR,
upon application of the beneficiary or the landowner with 673. Obligations of farmer-beneficiaries once conversion has
respect only to his/her retained area xx may authorize the been approved
reclassification or conversion of land and its disposition. a) Invest 10% of the proceeds from the conversion in
government securities; and
670. Change of crops, is there conversion? b) Pay the Land Bank the full price of the land upon
Change of crops to commercial crops or high value crops is conversion
NOT considered as a conversion in the use or nature of the
land. Approval of the DAR is not required. 674. What if he fails to comply with these obligations?
If the approved conversion plan is not implemented within
671. Requirements for conversion? five (5) years from approval, the land will continue to be
a) Must be applied by the beneficiary or the landowner covered by the agrarian reform program.
with respect only to his retained area
b) The application for conversion is filed after the lapse of 675. Banks and financial Institutions
five (5) years from the award of the land Mortgagee Deemed as Landowner. — For purposes of
c) Any of the following conditions exist: covering the property under the agrarian reform program, the
a. The land ceases to be economically feasible for mortgagee shall be considered as the new landowner if before
agricultural purposes, or the deposit of just compensation is made:
b. When the locality has become urbanized and a) The mortgagee is the purchaser in the foreclosure
the land will have a greater economic value sale and the redemption period, as provided by
for residential, commercial or industrial law, has already expired in cases where the right of
purposes. redemption exists; or
d) For highly restricted areas: b) The mortgagee is the purchaser in the foreclosure
a. Project feasibility study; and sale and said foreclosure sale is confirmed by the
b. Environmental compliance certificate court in cases where only equity of redemption is
provided.
672. Can all agricultural lands be converted?
NO. Mortgagee Deemed as Lien-holder — The mortgagee shall
Absolute prohibition: be considered a lien-holder if on the date the land transfer
a) Protected areas under the NIPAS claim was received by the Land Bank of the Philippines (LBP)
from the Department of Agrarian Reform (DAR):
pg. 44
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2F 2017-2018 GOLANGCO LABOR STANDARDS NOTES

a) The mortgage debt is not yet due and


demandable; or Any person who knowingly violates the provisions shall be
b) The mortgage debt is already due and punished by imprisonment of not less than 1 month to not
demandable but the mortgagee has not more than 3 years or fine of 1K to 15K, or both.
foreclosed on the property; or
c) The mortgage has already been foreclosed but Any person convicted shall not be entitled to any benefit
the period to exercise the right of redemption, provided for in any agrarian reform law or program
in cases provided by law, has not yet expired;
or the foreclosure sale has not yet been If the offender is a corporation or association, the officer
confirmed by the court in cases where there is responsible therefor shall be criminally liable.
only equity of redemption.
679. What is P.D. 27
676. Rights and privileges as new landowner The Tenant Emancipation Law
a) Receive all notices, advices, correspondence, and all
other communications from the DAR and/or LBP, such 680. P.D. 27 v. CARP
as, but not limited to, Notice of Coverage, Notice of Land PD 27 supplements the CARL. It applies only to private
Valuation and Acquisition, Letter-Requirement for agricultural lands primarily devoted to rice and corn under
Processing and Payment of Claim, etc.; share tenancy or lease tenancy
b) Transact with DAR and/or LBP regarding all aspects of
subject land transfer claim, to the exclusion of all other If the landowner has already exercised his right of retention
persons; under PD 27, he can no longer exercise the retention right
c) Be named as the recipient of all cash and bond deposits; under Comprehensive Agrarian Reform Law.
and
d) Receive all the proceeds of subject land transfer claim,
less deductions to which the land may be liable. 681. Retention limit under P.D. 27
The landowner is entitled to retain an area of not more than
677. As lien-holder rights and obligations seven (7) hectares, if he is cultivating or will cultivate it.
a) Receive payment for the obligation of the mortgagor
from the land transfer proceeds up to an amount Personal cultivation by the landowner is not required -
equivalent to the landowner's compensation value; and cultivation can be done indirectly through labor
b) Receive notices, advices, and all other communications administration.
pertaining to the obligation of the landowner-debtor
(mortgagor). 682. Type of title, is it same with CARP?
Certificate of Land Transfer does not vest upon the tenant-
678. Prohibited acts under CARP? beneficiary ownership over the land. It merely qualifies the
Imprisonment of 3 years and 1 Imprisonment of 6 years and 1 tenant-beneficiary to possess the land and comply with
day to 6 years or fine of 50K to day to 12 years or fine of 200K certain conditions preparatory to ownership.
150K, or both to 1M, or both
Ownership or possession of Conversion of agricultural land If the tenant-beneficiary complies with the conditions, he is
agricultural lands in excess of to non-agricultural use issued an Emancipation patent.
the retention limits
Forcible entry or illegal detainer Malicious and willful Emancipation Patent vests absolute ownership over the
by unqualified beneficiaries prevention or obstruction of the landholding, and it constitutes conclusive authority for the
implementation of the CARP issuance of an original or transfer certificate of title in his
Sale, transfer or conveyance by a Sale, transfer, conveyance or name.
beneficiary of the usufruct of the change of nature of lands
land he acquired outside of urban centers and city 683. Payment of Just Compensation under PD 27
limits either in whole or in part Any of the following modes:
after the effectivity of CARL • Direct Payment to the landowner by the farmer-
Unjustified, willful, and Undue delay in the compliance beneficiaries, in cash or in kind, on terms to be
malicious act by a responsible with the obligation to certify or mutually agreed upon by the beneficiaries and
officer or officers of the attest and/or falsification of the landowners and subject to the approval of the DAR
government certification or attestation as • Payment but the Land Bank with 10% payable in
required cash immediately and the balance payable in the
Undue delay or unjustified form of Land Bank bonds over a 10-year period,
failure by any concerned with 1/10 of the face value maturing every year
government agency or employee until the 10th year; and
to submit the required report, • Other modes of payment as may be prescribed or
date or other official document approved by the Presidential Agrarian Reform
involving the implementation of Council
the CARL as required
Plus: any other culpable neglect or willful violations of the
provisions of CARL
pg. 45
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2F 2017-2018 GOLANGCO LABOR STANDARDS NOTES

684. Can it be agreed that it shall be paid in cash


Direct Payment to the landowner by the farmer-beneficiaries,
in cash or in kind, on terms to be mutually agreed upon by
the beneficiaries and landowners and subject to the approval
of the DAR

685. Does it depend on who pays? (Land bank/ beneficiary)


Direct payment allowing stipulation of payment in cash is
made to the landowner by the farmer-beneficiaries.

686. When Is the leasehold term extinguished?


The term of the lease is indefinite, i.e., until the lease is
terminated for cause

The agricultural leasehold established under the Code of


Agrarian Reforms is extinguished by:
a) Abandonment of the landholding without the
knowledge of the agricultural lessor
b) Voluntary surrender of the landholding by the
agricultural lessee; or
c) Absence of the persons to succeed to the lessee, in
the event of death or permanent incapacity of the
lessee. Persons to succeed:
a. The surviving spouse;
b. The eldest direct descendant by
consanguinity; or
c. The next eldest descendant or
descendant in the order of their age
Provided, that they are willing to personally
cultivate the landholding.

687. Right of pre-emption


In case the agricultural lessor decides to sell the landholding,
the agricultural lessee has the preferential right to buy the
land actually cultivated by him under reasonable terms and
conditions

When there are two or more lessees, each shall be entitled to


said right only to the extend of the area actually cultivated by
him

Must be exercised within one hundred eighty days from


notice in writing, which shall be served by the owner on
▪ All lessees; and
▪ The DAR

688. How is It different from right of redemption?


If the land was sold to a third person without the knowledge
of the agricultural lessee, the latter shall have the right to
redeem the same at a reasonable price and consideration to
the extent of the area actually cultivated by him.

Filing of petition or request for redemption must be made


with the DAR within one hundred eighty (180) days from
knowledge of sale.

Knowledge of sale is by notice in writing by the vendee to all


lessees affected and the DAR upon the registration of the sale,
and shall have priority over any other right of legal
redemption

pg. 46
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3F 2018-2019 GOLANGCO LABOR RELAT IONS NOTES

—Labor Relations— Conciliation - a process where a disinterested third party meets


with management and labor, at their request or otherwise, during
1. What is Labor Relations? a labor dispute or in collective bargaining conference wherein by
It is the interaction between the employer and employees or their cooling tempers, aids the parties in reaching an agreement.
representatives and the mechanism by which the standards and
other terms and conditions of employment are negotiated, Mediation – a process where a third party studies each side of the
adjusted, and enforced. dispute and submits a proposal for the disputants to consider. A
mediator cannot make an award or render a decision.
2. What is collective bargaining?
The performance of a mutual obligation to meet and convene 8. What test is used to determine ER-EE relationship?
promptly and expeditiously in good faith for the purpose of Four fold test
negotiating an agreement with respect to wages, hours of work, a. Selection and engagement of the employee
and all other terms and conditions of employment. b. Payment of wages
c. Power of dismissal; and
3. Labor constitutional provision d. Power to control
Art. XIII sec. 3, 1987 Constitution
9. What is the control test?
4. Who is an employer? The relationship of employer-employee will be deemed to exist
One who employs the services of others; one for whom employees where the person for whom the services are performed reserves the
work and who pays their wages or salaries. right to control not only the end to be achieved but also the means
to be used in reaching such end.
5. Who is an employee?
a. Any person in the employ of an officer; 10. Sonza Case
b. Any individual whose work has ceased as a result of or in There is no employer-employee relationship beween petitioner
connection with any labor dispute or because of any unfair and ABS-CBN. Applying the control test to the present case, we
labor practice if he has not obtained any other substantially find that SONZA is not an employee but an independent
equivalent and regular employment; contractor. This test is based on the extent of control the hirer
c. One who has been dismissed from work but the legality of the exercises over a worker. The greater the supervision and control
dismissal is being contested in a forum of appropriate the hirer exercises, the more likely the worker is deemed an
jurisdiction. employee. The converse holds true as well the less control the hirer
exercises, the more likely the worker is considered an independent
6. What is Article 218 contractor. ABS-CBN did not assign any other work to SONZA.
It is the policy of the State: How SONZA delivered his lines, appeared on television, and
a. To promote and emphasize the primacy of free collective sounded on radio were outside ABS-CBNs control. SONZA did not
bargaining and negotiations, including voluntary arbitration, have to render eight hours of work per day. The clear implication
mediation and conciliation, as modes of settling labor or is that SONZA had a free hand on what to say or discuss in his
industrial disputes; shows provided he did not attack ABS-CBN or its interests.
b. To promote free trade unionism as an instrument for the
enhancement of democracy and the promotion of social 11. Compare to Dumpit-Murillo
justice and development; 12. Francisco Case
c. To foster the free and voluntary organization of a strong and The determination of the relationship between employer and
united labor movement; employee depends upon the circumstances of the whole economic
d. To promote the enlightenment of workers concerning their activity, such as: (1) the extent to which the services performed are
rights and obligations as union members and as employees; an integral part of the employer’s business; (2) the extent of the
e. To provide an adequate administrative machinery for the worker’s investment in equipment and facilities; (3) the nature and
expeditious settlement of labor or industrial disputes; degree of control exercised by the employer; (4) the worker’s
f. To ensure a stable but dynamic and just industrial peace; and opportunity for profit and loss; (5) the amount of initiative, skill,
g. To ensure the participation of workers in decision and policy- judgment or foresight required for the success of the claimed
making processes affecting their rights, duties and welfare. independent enterprise; (6) the permanency and duration of the
relationship between the worker and the employer; and (7) the
To encourage a truly democratic method of regulating the relations degree of dependency of the worker upon the employer for his
between the employers and employees by means of agreements continued employment in that line of business.
freely entered into through collective bargaining, no court or
administrative agency or official shall have the power to set or fix 13. What test was used in Francisco?
wages, rates of pay, hours of work or other terms and conditions The Economic Reality Test – when a worker possesses some
of employment, except as otherwise provided under this Code. attributes of an employee and others of an independent contractor
which make him fall within an intermediate area, he may be
7. What is Arbitration, Conciliation, and Mediation? classified under the category of an employee when the economic
Arbitration - the submission of a dispute to an impartial person for facts of the relation make it more nearly one of employment than
determination on the basis of evidence and arguments of the one of independent business enterprise with respect to the ends
parties. The arbiter’s decision or award is enforceable upon the sought to be accomplished.
disputants.
pg. 47
B DANGAZO
3F 2018-2019 GOLANGCO LABOR RELAT IONS NOTES

14. David v. Macacio of the managerial staff are exempted from the provisions of the
Engagement in a “pakyaw” or task basis does not negate the Labor Code on labor standards. The Court disagrees with the
existence of employer-employee relationship. NLRC’s finding that petitioner was a managerial employee.
However, petitioner was a member of the managerial staff, which
15. Guidelines of Economic Reality Test? also takes him out of the coverage of labor standards. Like
a. The extent to which the services performed are an integral managerial employees, officers and members of the managerial
part of the employer’s business; staff are not entitled to the provisions of law on labor standards.
b. The extent of the worker’s investment in equipment and
facilities; 23. What is the NLRC?
c. The nature and degree of control exercised by the employer; It is an administrative body with quasi-judicial functions and the
d. The worker’s opportunity for profit and loss; principal government agency that hears and decided labor-
e. The amount of initiative, skill, judgment or foresight required management disputes; attached to the DOLE for program and
for the success of the claimed independent enterprise; policy coordination only.
f. The permanency and duration of the relationship between the
worker and the employer; and 24. Composition of the NLRC?
g. The degree of dependency of the worker upon the employer a. 1 chairman; and
for his continued employment in that line of business. b. 23 members

16. Must all be complied with? 25. What are the powers and functions of the NLRC
No. See Art. 225

17. What is a labor dispute? 26. How is the rule making power exercised?
Includes any controversy or matter concerning: The Commission shall sit En Banc only for purposes of
a. Terms and conditions of employment; or promulgating rules and regulations governing the hearing and
b. Association or representation of person in negotiating, fixing, disposition of cases before its Divisions and Regional Arbitration
maintaining, changing or arranging the terms and conditions Branches, and for the formulation of policies affecting its
of employment, regardless of whether the disputants stand in administration and operations.
the proximate relation of employer and employee.
27. Is the NLRC an attached agency of the DOLE?
18. Citibank v. CA It is an administrative body with quasi-judicial functions and the
Labor Arbiter has no jurisdiction over a claim filed where no principal government agency that hears and decides labor-
employer-employee relationship existed between a company and management disputes; attached to the DOLE for program and
the security guards assigned to it by a security service contractor. policy coordination only.

19. PAL v. NLRC 28. Do they have original and exclusive jurisdiction?
The NLRC shall have exclusive appellate jurisdiction over all cases a. Certified Cases – Art. 278(g)
decided by labor arbiters as provided in Article 217(b) of the Labor b. Petition for Injunction
Code. In short, the jurisdiction of the NLRC in illegal dismissal i. To enjoin or restrain any actual or threatened
cases is appellate in nature and, therefore, it cannot entertain the commission of any or all prohibited or unlawful
private respondents' petition for injunction which challenges the acts or to require the performance of a particular act
dismissal orders of petitioner. Article 218(e) of the Labor Code does in any labor dispute which, if not restrained or
not provide blanket authority to the NLRC or any of its divisions performed forthwith, may cause grave or
to issue writs of injunction, considering that Section 1 of Rule XI of irreparable damage to any party or render
the New Rules of Procedure of the NLRC makes injunction only an ineffectual any decision in favor of such party;
ancillary remedy in ordinary labor disputes. ii. When, in the opinion of Secretary of Labor and
Employment, there exists a labor dispute causing
20. Who is a managerial employee? or likely to cause a strike or lockout in an industry
One who is vested with powers and prerogatives to kay down and indispensable to the national interest, the Secretary
execute management policies and/or to hire, transfer, suspend, lay of Labor and Employment may assume jurisdiction
off, recall, discharge, assign or discipline employees. over the dispute and decide it or certify the same to
the Commission for compulsory arbitration.
21. SMCC case c. Contempt Cases;
After a labor organization has been registered, it may exercise all d. Verified petition to annul or modify order or resolution of the
the rights and privileges of a legitimate labor organization. Any Labor Arbiter, including a writ of execution and other orders
mingling between supervisory and rank-and-file employees in its issued during execution proceedings
membership cannot affect its legitimacy for that is not among the
grounds for cancellation of its registration, unless such mingling 29. What are the qualifications to be a commissioner?
was brought about by misrepresentation, false statement or fraud a. Must be a member if the PH bar
under Article 239 of the Labor Code. b. Engaged in the practice of law in the PH for at least 15 years
c. Must have experience or exposure in handling labor
22. Penaranda v. Bagong Plywood management relations for at least 5 years; and
Members of the managerial staff are those who customarily and d. Preferably a resident of the region where he is to hold office.
regularly exercise discretion and independent judgment. Members
pg. 48
B DANGAZO
3F 2018-2019 GOLANGCO LABOR RELAT IONS NOTES

30. Qualifications of Labor Arbiter? e. Commission Calendar and Minutes Book. – He/she shall
a. Member of the PH bar prepare the Commission or Division calendars of sessions,
b. Engaged in the practice of law in the PH for at least 10 yrs; attend such sessions personally and immediately prepare the
c. Must have experience or exposure in handling labor minutes thereof. For this purpose, he/she shall keep a minutes
management relations for at least 5 years book;
f. General Docket. – The Executive Clerk shall keep a general
31. Term of Office? docket for the Commission, each page of which shall be
The Chairman, the other Commissioners and the Labor Arbiters numbered and prepared for receiving all the entries in a
shall hold office during good behavior until they reach the age of single page, and shall enter therein all original and appealed
sixty-five (65) years, unless sooner removed for cause as provided cases before it, numbered consecutively in the order in which
by law or become incapacitated to discharge the duties of their they were received and, under the heading of each case, the
office: Provided, however, That the President of the Republic of the date and hour of each pleading filed, of each order, decision
Philippines may extend the services of the Commissioners and or resolution entered, and of each other step or action taken
Labor Arbiters up to the maximum age of seventy (70) years upon in the case; so that, by reference to any single page, the history
the recommendation of the Commission en banc. of the case may be known;
g. Promulgation and Promulgation Book. – He/she shall
32. Daughter of Chief of Police, may she be appointed as LA? promulgate decisions and final resolutions on the same date
Atty G: NO. See Migrant Worker’s Act. the same is filed with his/her office and indicate the date and
time of promulgation and attest the same by his/her signature
33. Who is a commission attorney? on the first page thereof. He/she shall immediately furnish the
The Commission and its eight (8) divisions shall be assisted by the Chairman with a copy of such decision, resolution, or order
Commission Attorneys in its appellate and adjudicatory functions with a summary of the nature thereof and the issue involved
whose term shall be coterminous with the Commissioners with therein. He/she shall keep a promulgation book which
whom they are assigned. indicates the date and time of promulgation, the case number,
a. Qualifications? title of the case, the ponente, the nature of the decision or final
The Commission Attorneys shall be members of the resolution and the action taken by the Commission by
Philippine Bar with at least one (1) year experience or quoting the dispositive portion thereof. He/she shall certify as
exposure in the field of labor-management relations. true, copies of the decision, resolution or order promulgated
by his/her respective Divisions and sign notices of the same.
There shall be as many Commission Attorneys as may Notices of said decisions, resolutions or orders shall be sent in
be necessary for the effective and efficient operation of sealed envelopes to parties and their respective counsel, if
the Commission but in no case more than five (5) practicable, within forty-eight (48) hours from promulgation;
assigned to the Office of the Chairman and each h. Entry of Judgment. – He shall keep a book of entries of
Commissioner. judgment, decisions, resolutions and orders containing in
chronological order the entries of all final decisions,
34. Who is an executive clerk of court? resolutions and orders of the Commission;
The Executive Clerk shall assist the Commission when sitting En i. Disposition and Remand of Records. – Upon entry of
Banc and when acting through the First Division, and shall judgment, he/she shall immediately remand the records of the
perform such similar or equivalent functions and duties as are case to the Regional Arbitration Branch of origin, Regional
discharged by the Clerk of Court of the Court of Appeals. Director or his/her duly authorized officer, as the case may be.
The Records Unit shall immediately post said records without
35. Powers and functions of the ECC delay within two (2) working days;
a. Custody of Seal and Books. – He/she shall keep in his/her care j. Monthly Accomplishment Reports. – He/she shall submit a
and custody the Seal of the Commission, together with all the monthly accomplishment report of the Commission or
books necessary for the recording of the proceedings of the Division not later than the 7th day of the following month;
Commission, including the records, files and exhibits; k. Other Functions. – He/she shall perform other functions as
b. Filing of Pleadings. – He/she shall receive and file all cases directed by the Chairman or the Commission En Banc.
and pleadings and documents indicating thereon the date and
time filed. All pleadings shall be filed in three (3) legibly 36. Powers and functions of the LA
typewritten copies in legal size; 37. What are the cases within the exclusive jurisdiction of LA?
c. Raffle and Assignment of Cases. – He/she shall assign a. Unfair labor practice cases;
appealed cases for study or report strictly by raffle or as b. Termination disputes;
directed by the Chairman. In this connection, the raffle of c. If accompanied with a claim for reinstatement, those cases
cases for study or report must be attended by the duly that workers may file involving wages, rates of pay, hours of
designated representative of the Members of the appropriate work and other terms and conditions of employment;
Division; d. Claims for actual, moral, exemplary and other forms of
d. Service of Processes, Orders and Decisions. – He/she shall damages arising from employer-employee relations;
serve parties and counsel processes, notices of hearings, e. Cases arising from any violation of Article 264 (now 279) of
copies of decisions, resolutions or orders issued by the the Labor Code, as amended, including questions involving
Commission by registered mail, by courier authorized by the the legality of strikes and lockouts;
Commission or by personal service and immediately attach f. Except claims for employees compensation not included in
the returns or proofs of delivery thereof to the records; the next succeeding paragraph, social security, medicare, and
maternity benefits, all other claims arising from employer-
pg. 49
B DANGAZO
3F 2018-2019 GOLANGCO LABOR RELAT IONS NOTES

employee relations, including those of persons in domestic or 44. PNB v. Cabansag


household service, involving an amount exceeding Five Philippine government requires non-Filipinos working in the
Thousand Pesos (P5,000.00), whether or not accompanied country to first obtain a local work permit in order to be legally
with a claim for reinstatement; employed here. That permit, however, does not automatically
g. Wage distortion disputes in unorganized establishments not mean that the non-citizen is thereby bound by local laws only, as
voluntarily settled by the parties pursuant to Republic Act averred by petitioner. It does not at all imply a waiver of ones
No. 6727; Wage Rationalization Act national laws on labor. Absent any clear and convincing evidence
h. Enforcement of compromise agreements when there is to the contrary, such permit simply means that its holder has a legal
noncompliance by any of the parties pursuant to Article 227 status as a worker in the issuing country.
(now 233) of the Labor Code, as amended;
i. Money claims arising out of employer-employee relationship All Filipino workers, whether employed locally or overseas, enjoy
or by virtue of any law or contract, involving Filipino workers the protective mantle of Philippine labor and social legislations.
for overseas deployment, including claims for actual, moral, Our labor statutes may not be rendered ineffective by laws or
exemplary and other forms of damages as provided by judgments promulgated, or stipulations agreed upon, in a foreign
Section 10 of RA 8042, as amended by RA 10022; and country.
j. Other cases as may be provided by law.
45. Manila Hotel v. NLRC
38. Article 224 46. Austria v. NLRC
Jurisdiction of the Labor Arbiters and the Commission Under the Labor Code, the provision which governs the dismissal
of employees, is comprehensive enough to include religious
39. What is unfair labor practice corporations, such as the SDA, in its coverage. The active
Any unfair labor practice as expressly defined by the Code or any participation of a party against whom the action was brought,
act which opposes the worker’s right to organize or acts which coupled with his failure to object to the jurisdiction of the court or
connotes anti-unionism. quasi-judicial body where the action is pending, is tantamount to
an invocation of that jurisdiction and a willingness to abide by the
40. By-laws of union provides for expulsion for disloyalty. X is a resolution of the case and will bar said party from later on
union member of Y union. X violated the by-laws which caused Y impugning the court or body’s jurisdiction.
union to expel X. Y union recommended the termination of X. Is
this a Termination Dispute? 47. Santos v. Servier
If only the question of legality of the expulsion of an employee For the retirement benefits to be exempt from the withholding tax,
from the union, cognizable by BLR (intra-union dispute). the taxpayer is burdened to prove the concurrence of the following
elements: (1) a reasonable private benefit plan is maintained by the
If the question extends to the dismissal of the employee from employer; (2) the retiring official or employee has been in the
employment or steps leading to it, as when the employer decides service of the same employer for at least ten (10) years; (3) the
the recommended dismissal, it will be asked whether it violates or retiring official or employee is not less than fifty (50) years of age
not the existing collective bargaining agreement. Violations of at the time of his retirement; and (4) the benefit had been availed
CBA fall under jurisdiction of LA. of only once.

41. Locsin v. Nissan 48. Santiago v. CF Sharp


The power of control, in this case, has been explained as the “right The jurisdiction of labor arbiters is not limited to claims arising
to control not only the end to be achieved but also the means to be from employer-employee relationships as provided under Section
used in reaching such end.” With the conclusion that respondent 10 of R.A. No. 8042 (Migrant Workers Act). It includes money
directed petitioners to remain at their posts and continue with their claims.
duties, it is clear that respondent exercised the power of control
over them; thus, the existence of an employer-employee 49. Pepsi v. Gal-ang
relationship. Not every controversy involving workers and their employers can
be resolved only by the labor arbiters. This will be so only if there
42. Halguena v. PAL is a "reasonable causal connection" between the claim asserted and
Not every controversy or money claim by an employee against the employee-employer relations to put the case under the provisions
employer or vice-versa is within the exclusive jurisdiction of the of Article 217. Absent such a link, the complaint will be cognizable
labor arbiter. Actions between employees and employer where the by the regular courts of justice in the exercise of their civil and
employer-employee relationship is merely incidental and the cause criminal jurisdiction.
of action precedes from a different source of obligation is within
the exclusive jurisdiction of the regular court. 50. Banez v. Valdevilla
By the designating clause "arising from the employer-employee
43. Okol v. Slimmers World relations" Article 217 should apply with equal force to the claim of
SC held that a corporate officer’s dismissal is always a corporate an employer for actual damages against its dismissed employee,
act, or an intra-corporate controversy which arises between a where the basis for the claim arises from or is necessarily connected
stockholder and a corporation. The question of remuneration with the fact of termination, and should be entered as a
involving a stockholder and officer, not a mere employee, is not a counterclaim in the illegal dismissal case.
simple labor problem but a matter that comes within the area of
corporate affairs and management and is a corporate controversy 51. Amesco Innovations Case
in contemplation of the Corporation Code.
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52. Kawachi v. Del Quero iv. Complaints against an agency whose license is
For a single cause of action, the dismissed employee cannot be revoked, cancelled, expired or otherwise delisted;
allowed to sue in two forums: one, before the labor arbiter for and
reinstatement and recovery of back wages; and two, before a court v. Complaints categorized under POEA Rules and
of justice for recovery of damages. Suing in the manner described Regulations as not subject to SEnA
is known as splitting a cause of action, a practice engendering f. Issues on occupational safety and health standards involving
multiplicity of actions. imminent danger situation, dangerous occurrences/disabling
injury, and absence of personal protective equipment.
53. Milan v. NLRC
The National Labor Relations Commission has jurisdiction to 57. How does SENA work?
determine, preliminarily, the parties’ rights over a property, when a. Who may file?
it is necessary to determine an issue related to rights or claims Any aggrieved person such as an employer, worker,
arising from an employer-employee relationship. Claims arising including kasambahay or group of workers, whether
from an employer-employee relationship are not limited to claims local or overseas, or a union, workers association or
by an employee. Employers may also have claims against the federation may file a request for assistance.
employee, which arise from the same relationship. As a general
rule, therefore, a claim only needs to be sufficiently connected to b. Where to file?
the labor issue raised and must arise from an employer-employee At any Single Entry Assistance Desk in the region where
relationship for the labor tribunals to have jurisdiction. the employer principally operates except in the
following cases:
54. Differentiate Art. 224 with Art. 129 i. At the nearest DOLE or attached agency in
a. Appeal to? case of separated kasambahay or deployed
b. Reglementary period? 5 days workers of service providers or
55. What is SENA subcontractors operating in the region other
Single Entry Approach DO 151-16 – refers to the administrative than where it principally operates;
approach to provide an accessible, speedy, impartial, and ii. At the nearest POLO in the country of
inexpensive settlement procedure of all labor and employment destination or disembarkation in case of OFW,
issues through a 30-day mandatory conciliation-mediation. or at the nearest DOLE of preference when in
the country; and
56. Are all labor cases subject to SENA? iii. At the DOLE office of registration in case of
All issues arising from labor and employment shall be subjected to union or federation representing a local
SEnA, except: chapter.
a. Notices of strike/lockout or preventive mediation cases with
the NCMB; c. Receiving and recording?
b. Issues arising from the interpretation or implementation of Upon filing, a reference number shall be assigned. An
the collective bargaining agreement and those arising from entry shall be made in the SEnA Logbook/data system.
the interpretation or enforcement of company personnel
policies which should be processed through the grievance d. Raffle and Assignment?
machinery; Within 1 day from the receipt, the Head of Office,
c. Applications for exemption from Wage Order with the through the SEnA focal person, shall assign the RFAs to
NWPC; the SEADO or cause the assignment by raffle in case
d. Issues involving violations of: there are two or more SEADOs in the SEAD. The SEADO
i. AEP shall immediately conduct the assessment of the RFA.
ii. Private employment agency authority or license;
iii. Working child permit and violations of anti-child e. Notice of Conference?
labor law; Upon receipt of the assigned RFA, the SEADO shall
iv. Registration under DO 18-A (contracting, schedule within the day the initial conference using the
subcontracting) SEnA Notice form. (See DO 151-16, Rule III, Sec. 4)
v. Professional licence issued by the PRC and
violation of Professional Code of Conduct; 58. What if the responding party does not appear?
vi. TESDA accreditations; and Pre-termination of the 30-day Mandatory Conciliation-Mediation
vii. Other similar permits, licenses or registrations if non-appearance for 2 consecutive scheduled conferences despite
issued by the DOLE or its attached agencies. due notices. SEADO shall issue the Referral to the requesting party.
e. Violations of POEA Rules and Regulations involving:
i. Serious offenses and offenses penalized with 59. What if the requesting party fails to appear?
cancellation of license; Pre-termination of the 30-day Mandatory Conciliation-Mediation
ii. Disciplinary actions against overseas if non-appearance for 2 consecutive scheduled conferences despite
workers/seafarers which are considered serious due notices.
offenses or which carry the penalty of delisting
from the POEA registry at first offense; 60. Do you need a referral for RFA to be entertained by LA? Sec. 7
iii. Complaints initiated by the POEA; Except as issues excluded, only endorsed or referred RFAs shall be
entertained by an LA or appropriate DOLE office or attached
agency that has jurisdiction over the issue.
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61. During the conference, when both parties cannot come to an 71. What if there is failure to appear in MCMC, can the party revive
agreement, and 30 days have passed. Can they ask for an the complaint?
extension? Sec. 5d The nonappearance of the complainant or petitioner during the
62. Can a lawyer appear on the requesting party’s behalf, when the two (2) settings for mandatory conciliation and mediation
latter cannot attend due to prior business? conference scheduled in the summons, despite due notice thereof,
SeNA being an administrative approach for conciliated settlement shall be a ground for the dismissal of the case without prejudice.
and not a litigation, the parties shall represent themselves and
lawyers are discouraged from participating in the conference Where by motion, proper justification is shown to warrant the re-
except when they are the requesting party or the employer. opening of the case, the Labor Arbiter shall call a second hearing
and continue the proceedings until the case is finally decided.
Lawyers, agents or attorneys-in-fact appearing in behalf of any of Dismissal of the case for the second time due to the unjustified non-
the parties should submit a Special Power of Attorney/Board appearance of the complainant or petitioner who was duly notified
Resolution/ Secretary’s certificate granting them authority to thereof shall be with prejudice.
represent and enter into a binding agreement for their principal in
the following circumstances: 72. What if respondent failed to appear?
a. When the requesting/responding party is already deployed In case of non-appearance by the respondent during the first
abroad or out of the country or employed/assigned/migrated scheduled conference, the second conference as scheduled in the
to other region; summons shall proceed. If the respondent still fails to appear at the
b. When the requesting/ responding party is a minor or second conference despite being duly served with summons,
physically incapacitated; or he/she shall be considered to have waived his/her right to file
c. If the requesting/responding party died during the pendency position paper.
of the RFA, the heir/s of the deceased may appear and shall
present the following: The Labor Arbiter shall immediately terminate the mandatory
i. Death certificate; and conciliation and mediation conference and direct the complainant
ii. Proof of relationship through NSO authenticated or petitioner to file a verified position paper and submit evidence
copy of marriage cert/ birth cert. in support of his/her causes of action and thereupon render his/her
decision on the basis of the evidence on record.
63. What if the agreed settlement is payment in installment?
In partial settlement, the responding party is required to make a 73. Is there a remedy for respondent?
report of compliance with the schedule of payment subject to 74. How do you file a position paper?
verification by the SEADO. The RFA shall be deemed settled after The Labor Arbiter shall direct the parties to submit simultaneously
payment of the last payment. their verified position papers with supporting documents and
affidavits, if any, on a date set by him/her within ten (10) calendar
64. What is settlement for show? days from the date of termination of the mandatory conciliation
Where the settlement amount is reported to have been taken back and mediation conference.
or confiscated by the responding party.
75. Can a non-lawyer appear in LA?
65. What should SEADO do in this case? Yes. A non-lawyer may appear in any of the proceedings before the
Both parties shall be called for conference by the SEADO who Labor Arbiter or Commission only under the following conditions:
facilitated the settlement. The SEADO shall verify the report and a. He/she represents himself/herself as party to the case;
require the responding party to pay the requesting party the full b. He/she represents a legitimate labor organization, as defined
settlement amount with legal interest reckoned from the date of the under Article 212 (now 219) and 242 (now 251) of the Labor
settlement should there be substantial proof that the settlement Code, as amended, which is a party to the case: Provided that,
was for a show. he/she presents to the Commission or Labor Arbiter during
the mandatory conference or initial hearing:
66. Process in the NLRC rules of procedure i. A certification from the Bureau of Labor Relations (BLR)
67. Can you file an MR for decisions of LA? or Regional Office of the Department of Labor and
No. One of the prohibited pleadings Employment (DOLE) attesting that the organization
he/she represents is duly registered and listed in the
68. After reply, can you submit another pleading? roster of legitimate labor organizations;
Atty. G: Rejoinder no prohibition in the rules ii. A verified certification issued by the secretary and
attested to by the president of the said organization
69. Can you waive MCMC? stating that he/she is authorized to represent the said
70. Purposes of MCMC? organization in the said case; and
a. Amicably settling the case upon a fair compromise; iii. A copy of the resolution of the board of directors of the
b. Determining the real parties in interest; said organization granting him such authority;
c. Determining the necessity of amending the complaint and c. He/she represents a member or members of a legitimate labor
including all causes of action; organization that is existing within the employer’s
d. Defining and simplifying the issues in the case; establishment, who are parties to the case: Provided that,
e. Entering into admissions or stipulations of facts; and he/she presents:
f. Threshing out all other preliminary matters. i. A verified certification attesting that he/she is authorized
by such member or members to represent them in the
case; and
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ii. A verified certification issued by the secretary and 82. What are the documents needed in setting up a bond?
attested to by the president of the said organization In case of surety bond, the same shall be issued by a reputable
stating that the person or persons he/she is representing bonding company duly accredited by the Commission, and shall
are members of their organization which is existing in be accompanied by original or certified true copies of the
the employer’s establishment; and, following:
d. He/she is a duly-accredited member of any legal aid office a. A joint declaration under oath by the employer, his/her
recognized by the Department of Justice or Integrated Bar of counsel, and the bonding company, attesting that the bond
the Philippines: Provided that, he/she: posted is genuine, and shall be in effect until final disposition
i. Presents proof of his/her accreditation; of the case;
ii. Represents a party to the case; b. An indemnity agreement between the employer-appellant
and bonding company;
Appearances of a non-lawyer in contravention of this Section shall c. Proof of security deposit or collateral securing the bond:
not be recognized in any proceedings before the Labor Arbiter or provided, that a check shall not be considered as an
the Commission. acceptable security; and,
d. Notarized board resolution or secretary’s certificate from the
76. Can a president appear on behalf of his corporation? bonding company showing its authorized signatories and
77. Rule on venues? their specimen signatures.
All cases which Labor Arbiters have authority to hear and decide
may be filed in the Regional Arbitration Branch having jurisdiction 83. Who will verify the regularity and genuiness of the bond?
over the workplace of the complainant or petitioner. Appellee. The appellant shall furnish the appellee with a certified
true copy of the said surety bond with all the above-mentioned
For purposes of venue, the workplace shall be understood as the supporting documents. The appellee shall verify the regularity and
place or locality where the employee is regularly assigned at the genuineness thereof and immediately report any irregularity to the
time the cause of action arose. It shall include the place where the Commission.
employee is supposed to report back after a temporary detail,
assignment, or travel. In case of field employees, as well as 84. What if bond was not given, but instead, a certificate of bank
ambulant or itinerant workers, their workplace is where they are account showing sufficiency of funds. All else regular, is there a
regularly assigned, or where they are supposed to regularly valid appeal?
receive their salaries and wages or work instructions from, and Cash/Surety Bond is one of the requisites of appeal. A mere notice
report the results of their assignment to, their employers. of appeal without complying with the other requisites aforestated
shall not stop the running of the period for perfecting an appeal.
78. Where to file if party is an OFW?
Cases involving overseas Filipino workers may be filed before the 85. What is the effect of filing an appeal?
Regional Arbitration Branch having jurisdiction over the place Without prejudice to immediate reinstatement pending appeal
where the complainant resides or where the principal office of any under Section 3 of Rule XI, once an appeal is filed, the Labor
of the respondents is situated, at the option of the complainant. Arbiter loses jurisdiction over the case. All pleadings and motions
pertaining to the appealed case shall thereafter be addressed to and
79. May an LA inhibit himself? filed with the Commission.
A Labor Arbiter may voluntarily inhibit himself/herself from the
resolution of a case and shall so state in writing the legal 86. Does the LA lose jurisdiction upon filing of the case?
justifications therefor. Upon motion of a party, either on the Yes.
ground of relationship within the fourth civil degree of
consanguinity or affinity with the adverse party or counsel, or on 87. What about the reinstatement order, pending appeal?
question of partiality or other justifiable grounds, the Labor Arbiter The perfection of an appeal shall stay the execution of the decision
may inhibit himself/herself from further hearing and deciding the of the Labor Arbiter except execution for reinstatement pending
case. Such motion shall be resolved within five (5) days from the appeal.
filing thereof. An order denying or granting a motion for inhibition
is inappealable. 88. Can you inhibit the entire division?
No motion to inhibit the entire Division of the Commission shall
80. Appellant is the respondent. Judgment award is 500k, 300k for be entertained. However, any Commissioner may inhibit
backwages, and the remaining 200k for damages. How much is the himself/herself from the consideration and resolution of any case
bond? or matter before the Division and shall so state in writing the legal
800K. Bond equivalent in amount to the monetary award, exclusive or justifiable grounds therefor.
of damages and attorney’s fees.
89. Person cited in indirect contempt, what is his remedy?
81. What are the allowable bonds? The Commission or any Labor Arbiter may, motu proprio or upon
In case the decision of the Labor Arbiter or the Regional Director motion of a party, issue an Order directing the respondent to show
involves a monetary award, an appeal by the employer may be cause why s/he should not be punished for committing acts
perfected only upon the posting of a bond, which shall either be in constituting Indirect Contempt, in connection with or in relation to
the form of cash deposit or surety bond equivalent in amount to a pending case. Otherwise, an action for indirect contempt may
the monetary award, exclusive of damages and attorney’s fees. only be commenced through a verified petition.

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The respondent may file her/his verified Answer/Comment within c. In case the subject matter of the third party claim is a real
ten (10) calendar days from receipt of the Show Cause Order. property, posting of a refundable cash deposit of Twenty
Thousand Pesos (P20,000) for the payment of republication of
a. Does he need to pay anything? notice of auction sale.
i. By a fine of One Thousand Pesos (P1,000.00) for
every act of indirect contempt, if committed against 97. Where filed?
the Commission or any member thereof; or, The third party claim shall be filed with the Commission or Labor
ii. By a fine of Five Hundred Pesos (P500.00) for every Arbiter where the execution proceeding is pending, with proof of
act of indirect contempt, if committed against any service of copies thereof to the Sheriff and the prevailing party.
Labor Arbiter.
iii. If the contempt consists of violation of an injunction 98. What is the effect of a third party claim?
or an omission to do an act which is within the The filing of a third party claim shall not suspend the execution
power of the respondent to perform, the proceedings with respect to the property subject of the third party
respondent shall, in addition, be made liable for claim, unless the third party claimant posts a cash or surety bond
damages as a consequence thereof. equivalent to the value of the levied property or judgment award,
whichever is lower.
90. What is injunction?
91. Requisites for TRO? 99. Differentiate Yopangco and Ando case
If the petitioner shall also allege that, unless a temporary 100. Verified Petition
restraining order shall be issued without notice, a substantial and A party aggrieved by any order or resolution of the Labor Arbiter,
irreparable injury to petitioner's property will be unavoidable, including a writ of execution and other orders issued during
such a temporary restraining order may be issued upon testimony execution proceedings, may file a verified petition to annul or
under oath, or by affidavits of the petitioner's witnesses, sufficient, modify the same.
if sustained, to justify the Commission in the issuance thereof.
101. Grounds?
No temporary restraining order or writ of preliminary injunction The verified petition filed may be entertained only if there is no
shall be issued except on the condition that petitioner shall first file appeal or any other plain, speedy and adequate remedy in the
an undertaking to answer for the damages and post a cash bond in ordinary course of law, and based on any of the following grounds:
the amount of Fifty Thousand Pesos (P50,000.00), or such higher a. If there is prima facie evidence of abuse of discretion on the
amount as may be determined by the Commission. part of the Labor Arbiter;
b. If serious errors in the findings of facts are raised which, if not
92. Is a TRO executory immediately? corrected, would cause grave or irreparable damage or injury
Yes. The order or resolution enjoining the performance of illegal to the petitioner;
acts shall be immediately executory in accordance with the terms c. If a party by fraud, accident, mistake or excusable negligence
thereof. has been prevented from taking an appeal;
d. If made purely on questions of law; or,
93. Is there a limit to the lifetime of the injunction? e. If the order or resolution will cause injustice if not rectified.
If for a verified case – 60 days, non-extendable
Otherwise, the rule does not provide 102. Effect of filing?
a. TRO? Upon filing of the petition, the proceedings before the Labor
20 days from posting of cash bond Arbiter shall continue unless restrained.

94. Lifetime of writ of execution (2012 Manual on Execution) In case of execution, the proceedings shall not be suspended, but
A writ of execution is an order directing the Sheriff to enforce, no money collected or credit garnished may be released or
implement or satisfy the final decisions, orders or awards of the personal properties levied upon be sold by public auction within
Labor Arbiter or the Commission which shall be effective for a fifteen (15) calendar days from the filing of the petition.
period of five (5) years from issuance thereof.
103. May it be availed of if there was no appeal?
95. What is a third party claim? The verified petition filed may be entertained only if there is no
A claim whereby a person, not a party to the case, asserts title or appeal or any other plain, speedy and adequate remedy in the
right to the possession of levied or garnished property. ordinary course of law.

96. Requisites? 104. Certificate of non-forum shopping?


If the property levied is claimed by any person other than the Yes. See other requisites of a Verified Petition. Rule XII, sec. 4
losing party, such person may file a third party claim not later than NLRC rules of procedure.
five (5) days from the last day of posting or publication of the notice
of execution sale, otherwise the claim shall be forever barred. Such 105. Who is a sheriff?
third party claim must comply with the following requirements: A duly appointed public officer or one duly deputized or
a. An affidavit stating title to property or right to the possession designated by the Chairman as sheriff tasked with the service or
thereof and the property’s fair market value with supporting enforcement of writs and other processes.
evidence;
b. Payment of prevailing filing fee; and,

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106. Who is a seafarer? DO No. 153-16 d. When the documents supporting its registration are falsified,
Refers to any person who is employed or engaged in any capacity fraudulent or tainted with misrepresentation;
on board a seagoing ship navigating the foreign seas other than a e. When the collective bargaining agreement is not complete as
government ship used for military or non-commercial purposes. it does not contain any of the requisite provisions which the
The definition shall include fishermen, cruise ship personnel and law requires;
those serving on foreign maritime mobile offshore and drilling f. When the collective bargaining agreement was entered into
units. prior to the 60-day freedom period;
g. When there is a schism in the union resulting in an industrial
107. What is ambulance chasing? Elements? dispute wherein the collective bargaining agreement can no
a. That a person or his agent, solicits from seafarer or his heirs, longer foster industrial peace.
the pursuit of any claim against the employer of the seafarer;
b. That such claim is for the purpose of recovery of monetary 112. What if CBA is contrary to LC?
award or benefits arising from such accident, illness or death, (See enumeration above)
including legal interest; and
c. That the pursuit of the claim is in exchange of an amount or 113. What are the different kinds of organizations?
fee which shall be retained or deducted from the monetary 114. Purpose?
award or benefit granted to or awarded to the seafarers or To secure fair and just wages and good working conditions for the
their heirs. laborers and to protect labor against the unjust exactions of capital.

108. When are fees considered excessive? Elements? 115. What is the effect of registration?
a. That there is a contract or arrangement between a seafarer or The labor union or workers' association shall be deemed registered
his/her heirs, and a person who appears for or represents and vested with legal personality on the date of issuance of its
them in any case for recovery of monetary claim or benefit, certificate of registration or certificate of creation of chartered local.
including legal interest;
b. That such claim is for the purpose of recovery of monetary Such legal personality may be questioned only through an
award or benefits arising from accident, illness or death, independent petition for cancellation of union registration, and not
including legal interest; by way of collateral attack in petition for certification election
c. That the claim is filed before the NLRC or any labor arbiter, proceedings.
NCMB, POEA, DOLE or its regional offices or other quasi-
judicial bodies handling labor disputes; and 116. Rights of LLO?
d. That the contract or arrangement stipulates that the person a. Deliberative and Decision-Making Right – the right to
who appears for or represents seafarer or his/her heirs shall participate in deliberations on major policy questions and
be entitled to fees which exceeds ten percent of the decide by secret ballot.
compensation or benefit awarded to the seafarer or his/her b. Right to Information – the right to be informed about:
heirs. i. The organization’s constitution and by- laws;
ii. The collective bargaining agreement, and labor
109. Powers and functions of the BLR laws.
The Bureau of Labor Relations and the Labor Relations Divisions c. Rights Over Money Matters – the rights of the members:
in the regional offices of the Department of Labor shall have i. Against imposition of excessive fees;
original and exclusive authority to act, at their own initiative or ii. Against unauthorized collection of contributions or
upon request of either or both parties, on all inter-union and intra- unauthorized disbursements;
union conflicts, and all disputes, grievances or problems arising iii. To require adequate records of income and
from or affecting labor-management relations in all workplaces, expenses;
whether agricultural or non-agricultural, except those arising from iv. To access financial records;
the implementation or interpretation of collective bargaining v. To vote on officers’ compensation;
agreements which shall be the subject of grievance procedure vi. To vote on special assessment; and
and/or voluntary arbitration. vii. To be deducted a special assessment only with the
member’s written authorization.
110. Contract bar rule d. Political right – the right to vote and be voted for, subject to
No petition questioning the majority status of the incumbent lawful provisions on qualifications and disqualifications
bargaining agent shall be entertained and no certification election
shall be conducted by the Department of Labor and Employment 117. Union v. Labor organization
outside of the sixty-day period immediately before the date of "Union" refers to any labor organization in the private sector
expiry of such five-year term of the Collective Bargaining organized for collective bargaining and for other legitimate
Agreement. purposes.

111. Exceptions? (Chan Pre-week) "Labor Organization" refers to any union or association of
a. During the 60-day freedom period; employees in the private sector which exists in whole or in part for
b. When the CBA is not registered with the BLR or DOLE the purpose of collective bargaining, mutual aid, interest,
Regional Offices; cooperation, protection, or other lawful purposes.
c. When the CBA, although registered, contains provisions
lower than the standards fixed by law;

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118. Affiliate? Purpose? bargaining with the employer. It cannot petition for a certification
"Affiliate" refers to an independent union affiliated with a election, or request a preventive mediation, or hold a legal strike
federation, national union or a chartered local which was
subsequently granted independent registration but did not 126. Requirements of registration of union
disaffiliate from its federation, reported to the Regional Office and The application for registration of an independent labor union
the Bureau. shall be accompanied by the following documents:
a. the name of the applicant labor union, its principal address,
119. Unions v. Workers association? the name of its officers and their respective addresses,
"Union" refers to any labor organization in the private sector approximate number of employees in the bargaining unit
organized for collective bargaining and for other legitimate where it seeks to operate, with a statement that it is not
purposes. reported as a chartered local of any federation or national
union;
"Workers' Association" refers to an association of workers b. the minutes of the organizational meeting(s) and the list of
organized for the mutual aid and protection of its members or for employees who participated in the said meeting(s);
any legitimate purpose other than collective bargaining. c. the name of all its members comprising at least 20% of the
employees in the bargaining unit;
120. Federation v. Trade union d. the annual financial reports if the applicant has been in
“Federation” is any labor organization with at least 10 existence for one or more years, unless it has not collected any
locals/chapters each of which must be a duly certified or amount from the members, in which case a statement to this
recognized collective bargaining agent. effect shall be included in the application;
e. the applicant's constitution and by-laws, minutes of its
“Trade Union” is a group of registered national unions or adoption or ratification, and the list of the members who
federations organized for the mutual aid and protection of its participated in it. The list of ratifying members shall be
members and for assisting such members in collective bargaining dispensed with where the constitution and by-laws was
or for participating in the formulation of social and employment ratified or adopted during the organizational meeting. In such
policies, standards, and programs duly registered with the a case, the factual circumstances of the ratification shall be
Department. recorded in the minutes of the organizational meeting(s).

121. Affiliate v. Independent union 127. Additional requirements for federation?


"Affiliate" refers to an independent union affiliated with a The application for registration of federations and national unions
federation, national union or a chartered local which was shall be accompanied by the following documents:
subsequently granted independent registration but did not a. a statement indicating the name of the applicant labor union,
disaffiliate from its federation, reported to the Regional Office and its principal address, the name of its officers and their
the Bureau. respective addresses;
b. the minutes of the organizational meeting(s) and the list of
"Independent Union" refers to a labor organization operating at the employees who participated in the said meeting(s);
enterprise level that acquired legal personality through c. the annual financial reports if the applicant union has been in
independent registration. existence for one or more years, unless it has not collected any
amount from the members, in which case a statement to this
122. Affiliate v. Local chapter? effect shall be included in the application;
"Affiliate" refers to an independent union affiliated with a d. the applicant union's constitution and by-laws, minutes of its
federation, national union or a chartered local which was adoption or ratification, and the list of the members who
subsequently granted independent registration but did not participated in it. The list of ratifying members shall be
disaffiliate from its federation, reported to the Regional Office and dispensed with where the constitution and by-laws was
the Bureau. ratified or adopted during the organizational meeting(s). In
such a case, the factual circumstances of the ratification shall
"Chartered Local" refers to a labor organization in the private be recorded in the minutes of the organizational meeting(s);
sector operating at the enterprise level that acquired legal e. the resolution of affiliation of at least ten (10) legitimate labor
personality through the issuance of a charter certificate by a duly organizations, whether independent unions or chartered
registered federation or national union, and reported to the locals, each of which must be a duly certified or recognized
Regional Office. bargaining agent in the establishment where it seeks to
operate; and
123. Why does the law require registration? f. the name and addresses of the companies where the affiliates
To clothe a labor organization with legal personality to claim the operate and the list of all the members in each company
representational and bargaining rights under Art 251 and 267, or involved.
to strike and picket under Art. 278.
128. Where do you file for federation?
124. Can an employer recognize an LO even if not registered? Applications for registration of federations, national unions or
125. Can a union represent a member for a complaint of nonpayment of workers' associations operating in more than one region shall be
wages even before registration? filed with the BLR or the Regional Offices, but shall be processed
A labor organization is not “illegitimate” just because it is by the BLR.
unregistered. It is still a lawful organization and can deal with he
employer, but it has no legal personality to demand collective
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Applications for registration of independent labor unions, b. the amended constitution and by-laws and minutes of its
chartered locals, workers' associations shall be filed with the ratification, unless ratification transpired in the merger
Regional Office where the applicant principally operates. convention, which fact shall be indicated accordingly.

129. Local chapter, how created? 137. Effect of merger and consolidation?
The report of creation of a chartered local shall be accompanied by Where there is a merger of labor organizations, the legal existence
a charter certificate issued by the federation or national union of the absorbed labor organization(s) ceases, while the legal
indicating the creation or establishment of the chartered local. existence of the absorbing labor organization subsists. All the
rights, interests and obligations of the absorbed labor
A duly registered federation or national union directly creating a organizations are transferred to the absorbing organization.
chartered local, is required to submit to the Regional Office two
copies of the following: Where there is consolidation, the legal existence of the
a. A charter certificate issued by the federation or national union consolidating labor organizations shall cease and a new labor
indicating the creation or establishment of the local/charter. organization is created. The newly created labor organization shall
b. The names of the local chapter’s officers, their addresses, and acquire all the rights, interests and obligations of the consolidating
the principal office of the local/chapter; and labor organizations.
c. The local/chapter’s constitution and by-laws, provided that
where the local/chapter’s constitution and by-laws is the same 138. Substitutionary doctrine
as that of the federation or national union, this fact shall be The CBA continues to bind the members of the new or disaffiliated
indicated accordingly. and independent union up to the CBA’s expiration date. The
doctrine provides that the employees cannot revoke the validly
130. What if they failed to submit documents, can they exercise rights? executed CBA contract with their employer by the simple
No. The chapter shall be entitled to all other rights and privileges expedient act of changing their bargaining agent.
of a legitimate labor organization only upon the submission of the
documents. However, it acquires tentative legal personality to file 139. What is the remedy of the parties who do not agree?
a PCE upon the issuance of a charter certificate. 140. Can you shorten the validity of CBA?
141. Are the economic provisions valid for 5 years?
131. When will the independent union acquire legal personality? No. Economic provisions of the CBA shall be renegotiated not later
It shall be deemed registered and vested with legal personality on than 3 years after the date of its execution.
the date of issuance of its certificate of registration.
142. Relationship between independent organization and Federation?
132. Is the issuance of certificate ministerial? An independent union may be affiliated with a federation national
No. It becomes mandatory for the BLR to check if the application or industry union, in which case it may also be referred to as an
for registration is vitiated by falsification and serious irregularities. affiliate.
See Progressive Development v. Laguesma, GR no. 115077.
143. What are the obligations of the affiliate
133. Can unions be merged? Yes. 144. Can a union affiliate at any time?
134. What is merger? 145. What is the freedom period?
"Merger" refers to a process where a labor organization absorbs It refers to the last 60 days of the 5th and last year of a validity of
another resulting in the cessation of the absorbed labor the CBA.
organization's existence, and the continued existence of the
absorbing labor organization. 146. Right to disaffiliate, can it be exercised anytime?
A labor union may disaffiliate from the mother union to form an
135. Consolidation? independent union only during the 60-day freedom period
"Consolidation" refers to the creation or formation of a new union immediately preceding the expiration of the CBA.
arising from the unification of two or more unions.
147. Does it divest personality?
136. What are the requirements of merger and consolidation?
Notice of merger or consolidation of independent labor unions, 148. Does it affect pendency of CBA negotiations?
chartered locals and workers' associations shall be filed with and The CBA continues to bind the members of the new or disaffiliated
recorded by the Regional Office that issued the certificate of and independent union up to the CBA’s expiration date.
registration/certificate of creation of chartered local of either the
merging or consolidating labor organization. Notice of merger or 149. Can a local chapter affiliate?
consolidation of federations or national unions shall be filed with Yes. An affiliate is … a chartered local which was subsequently
and recorded by the Bureau. granted independent registration but did not disaffiliate from its
Federation.
The notice of merger of labor organizations shall be accompanied
by the following documents: 150. Process of Denial of registration?
a. the minutes of merger convention or general membership The notice of the Regional Office or the Bureau denying the
meeting(s) of all the merging labor organizations, with the list application for registration shall be in writing stating in clear terms
of their respective members who approved the same; and the reasons for the denial or return. The denial may be appealed to
the Bureau if denial is made by the Regional Office or to the
Secretary if denial is made by the Bureau, within ten (10) days from
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receipt of such notice, on the ground of grave abuse of discretion j. failure to submit list of individual members to the Bureau
or violation of these Rules. once a year or whenever required by the Bureau;
k. failure to comply with the requirements of registration.
151. Can you file an MR decision of BLR? l. Voluntary dissolution by the members
Atty G: Yes in decisions of the BLR in its appellate jurisdiction. MR
first before Certiorari Rule 65. 155. Are these grounds exclusive?
*art. 247 provides only for 3 grounds, the enumeration above is
152. Modes of appeal? from the IRR DO 40-03.
a. Regional Office
i. The Regional Office shall transmit the records within 24 156. How is voluntary dissolution affected?
hours from receipt of Memorandum of Appeal. The registration of a legitimate labor organization may be
ii. The BLR shall render a decision within 20 days from cancelled by the organization itself, provided that:
receipt of records. a. At least two-thirds of its general membership votes, in a
iii. The decision of the Bureau may be contested before the meeting duly called for that purpose to dissolve the
Court of Appeals via Petition for Certiorari under RULE organization; and
65. b. An application to cancel registration is thereafter submitted
b. BLR by the board of the organization, attested to by the president
i. The BLR shall transmit the records within 24 hours from thereof.
receipt of Memo of Appeal.
ii. The Secretary of Labor shall render a decision within 20 157. Equity of the incumbent?
days from receipt of records. All existing federations and national unions which meet the
iii. The decision of the Secretary of Labor may be contested qualifications of a legitimate labor organization and none of the
before the Court of Appeals via Petition for Certiorari grounds for cancellation shall continue to maintain their existing
under RULE 65. affiliates regardless of the nature of the industry and the location
of the affiliates.
153. What if application is filed first in BLR? See 154(b).
154. Ground for cancellation of registration 158. Who can initiate cancellation?
a. misrepresentation, false statement or fraud in connection Any party-in-interest may commence a petition for cancellation of
with the adoption or ratification of the constitution and by- registration, except in actions involving violations of Article 241
laws or amendments thereto, the minutes of ratification, the (rights and conditions of membership in a labor organization),
list of members who took part in the ratification of the which can only be commenced by members of the labor
constitution and by-laws or amendments thereto, the minutes organization concerned.
of ratification, the list of members who took part in the
ratification; 159. Can an employer file petition for cancellation?
b. failure to submit the documents mentioned in the preceding Yes. See preceding question.
paragraph within thirty (30) days from adoption or
ratification of the constitution and by-laws or amendments 160. Discuss relationship between union and members?
thereto; The employees are the principals, and the labor organization is
c. misrepresentation, false statements or fraud in connection merely an agent of the former. The cancellation of the union’s
with the election of officers, minutes of the election of officers, registration would not deprive the consenting member-employees
the list of voters, failure to submit these documents together of their right to continue the case as they are the principals.
with the list of the newly elected or appointed officers and
their postal address within thirty (30) days from election; 161. Is the right to union membership absolute?
d. failure to submit the annual financial report to the Bureau No. A union is free to select its own members, and no person has
within thirty (30) days after the close of every fiscal year and an absolute right to membership in a union
misrepresentation, false entries or fraud in the preparation of
the financial report; 162. Can persons who have been convicted of moral turpitude become
e. acting as a labor contractor or engaging in the "cabo" system, members?
or otherwise engaging in any activity prohibited by law; Yes. They are ineligible only for election as union officer or for
f. entering into collective bargaining agreements which provide appointment to any position in the union.
for terms and conditions of employment below minimum
standards established by law; 163. Members of NPA, can they become members?
g. commission of any of the acts enumerated under Article 241 No labor organization shall knowingly admit as members or
of the Labor Code; provided that no petition for cancellation continue in membership any individual who belongs to a
based on this ground may be granted unless supported by at subversive organization or who is engaged directly or indirectly in
least thirty (30%) percent of all the members of the respondent any subversive activity.
labor organization;
h. asking for or accepting attorney's fees or negotiation fees from 164. Rights and Conditions of membership in a labor organization
the employer; a. Deliberative and Decision-Making Right – the right to
i. other than for mandatory activities under the Labor Code, participate in deliberations on major policy questions and
checking off special assessments or any other fees without decide by secret ballot.
duly signed individual written authorizations of the b. Right to Information – the right to be informed about:
members; i. The organization’s constitution and by- laws;
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ii. The collective bargaining agreement, and labor vii. be the final arbiter of all election protests;
laws. viii. proclaim the winners; and
c. Rights Over Money Matters – the rights of the members: ix. prescribe such other rules as may facilitate the orderly
i. Against imposition of excessive fees; conduct of election.
ii. Against unauthorized collection of contributions or
unauthorized disbursements; 167. Union dues v. Agency fee
iii. To require adequate records of income and Union Dues are the regular monthly contributions paid by the
expenses; members to the union in exchange for the benefits given to them
iv. To access financial records; by the CBA and to finance the activities of the union in
v. To vote on officers’ compensation; representing them.
vi. To vote on special assessment; and
vii. To be deducted a special assessment only with the Agency Fees are dues equivalent to union dues, charged from the
member’s written authorization. non-union members who or benefited by or under the CBA.
d. Political right – the right to vote and be voted for, subject to
lawful provisions on qualifications and disqualifications 168. Check off?
Check-Off is a method of deducting from an employee’s pay at
165. Grounds for expulsion of officer prescribed period the amounts due to the union for fees, fines or
a. Art. 250 (k) - The officers of any labor organization shall not assessments.
be paid any compensation other than the salaries and
expenses due to their positions as specifically provided for in 169. Special assessments?
its constitution and by-laws, or in a written resolution duly No special assessment or other extraordinary fees may be levied
authorized by a majority of all the members at a general upon the members of a labor organization unless authorized by a
membership meeting duly called for the purpose. Any written resolution of a majority of all the members in a general
irregularities in the approval of the resolutions shall be a membership meeting duly called for the purpose. The secretary of
ground for impeachment or expulsion from the organization; the organization shall record the minutes of the meeting including
b. Art. 250 - Any violation of the rights and conditions of the list of all members present, the votes cast, the purpose of the
membership shall be a ground for cancellation of union special assessment or fees and the recipient of such assessment or
registration or expulsion of officers from office, whichever is fees. The record shall be attested to by the president.
appropriate. At least thirty percent (30%) of the members of a
union or any member or members specially concerned may 170. Can aliens join organizations?
report such violation to the Bureau. Yes. All aliens, natural or juridical, as well as foreign organizations
c. Art. 252 – Failure to comply with the reportorial requirements are strictly prohibited from engaging directly or indirectly in all
shall not be a ground for cancellation of union registration but forms of trade union activities without prejudice to normal
shall subject the erring officers or members to suspension, contacts between Philippine labor unions and recognized
expulsion from membership, or any appropriate penalty. international labor centers: Provided, however, That aliens
working in the country with valid permits issued by the
166. Election process Department of Labor and Employment, may exercise the right to
In the absence of any agreement among the members or any self-organization and join or assist labor organizations of their own
provision in the constitution and by-laws of a labor union or choosing for purposes of collective bargaining: Provided, further,
workers' association, the following guidelines may be adopted in That said aliens are nationals of a country which grants the same
the election of officers: or similar rights to Filipino workers.
a. within sixty (60) days before the expiration of the term of the
incumbent officers, the president of the labor organization 171. Can they form?
shall constitute a committee on election to be composed of at No. Trade union activities as prohibited above shall mean:
least three (3) members who are not running for any position a. organization, formation and administration of labor
in the election, provided that if there are identifiable parties organization;
within the labor organization, each party shall have equal b. negotiation and administration of collective bargaining
representation in the committee; agreements;
b. upon constitution, the members shall elect the chairman of the c. all forms of concerted union action;
committee from among themselves, and case of d. organizing, managing, or assisting union conventions,
disagreement, the president shall designate the chairman; meetings, rallies, referenda, teach-ins, seminars, conferences
c. within ten (10) days from its constitution, the committee shall, and institutes;
among others, exercise the following powers and duties: e. any form of participation or involvement in representation
i. set the date, time and venue of the election; proceedings, representation elections, consent elections,
ii. prescribe the rules on the qualification and eligibility of union elections; and
candidates and voters; f. other activities or actions analogous to the foregoing.
iii. prepare and post the voters' list and the list of qualified
candidates; 172. Why are managerial and confidential employees not allowed?
iv. accredit the authorized representatives of the Managerial employees are the alter ego of the employers and thus
contending parties; they are supposed to be on the side of the employer to act as its
v. supervise the actual conduct of the election and canvass representatives, and to see to it that its interests are well protected.
the votes to ensure the sanctity of the ballot; The employer is not assured of such protection if these employees
vi. keep minutes of the proceedings; are union members.
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187. Unfair labor practice definition?


Confidential employees are those who by reason of their positions 188. Can it be subject to compromise agreement?
or nature of work are required to assist or act in a fiduciary manner No. ULP cases are not, in view of the public interest involved,
to managerial employees and are likewise privy to sensitive and subject to compromise. The relation between capital and labor are
highly confidential records. not merely contractual but are impressed with public interest that
labor contracts must yield to the common good. See G.R. 120482,
173. Requirements for candidates of election? where SC approved a compromise agreement.
174. Can GOCCs join labor organizations? Original charter? EO 180
Yes. All employees of all branches, subdivisions, instrumentalities, 189. Two aspects of ULP
and agencies, of the Government, including government-owned or 190. Prescriptive period
controlled corporations with original charters, can form, join or One year from accrual of ULP.
assist employees' organizations of their own choosing for the
furtherance and protection of their interests. They can also form, in 191. Art. 259
conjunction with appropriate government authorities, labor- It shall be unlawful for an employer to commit any of the following
management committees, works councils and other forms of unfair labor practices:
workers' participation schemes to achieve the same objectives. a. To interfere with, restrain or coerce employees in the exercise
of their right to self-organization;
175. What if a non-member votes in an election for officers, what b. To require as a condition of employment that a person or an
happens to his vote? employee shall not join a labor organization or shall withdraw
176. Can child workers form organizations? from one to which he belongs;
177. Is there a requirement to be of legal age? c. To contract out services or functions being performed by
178. Can household helpers join an organization? union members when such will interfere with, restrain or
Yes. Rule IV, Sec. 1 of Kasambahay law IRR provides for such right. coerce employees in the exercise of their right to self-
organization;
179. Is a security guard a confidential employee? d. To initiate, dominate, assist or otherwise interfere with the
180. 15 year old yayas, can they join organizations? formation or administration of any labor organization,
Kasambahay law provides that it shall be unlawful to employ any including the giving of financial or other support to it or its
person below 15 years of age. 15 y.o. yaya is within the coverage of organizers or supporters;
kasambahay law. e. To discriminate in regard to wages, hours of work and other
terms and conditions of employment in order to encourage or
181. What are the characteristics of a managerial employee? discourage membership in any labor organization. Nothing
Managerial Employees are those who are vested with powers or in this Code or in any other law shall stop the parties from
prerogatives to lay down and execute management policies and/or requiring membership in a recognized collective bargaining
to hire, transfer, suspend, lay-off, recall, discharge, assign or agent as a condition for employment, except those employees
discipline employees. who are already members of another union at the time of the
signing of the collective bargaining agreement. Employees of
182. Who is a confidential employee? an appropriate bargaining unit who are not members of the
Confidential Employees assist and act in a confidential capacity, or recognized collective bargaining agent may be assessed a
have access to confidential matters of, persons who exercise reasonable fee equivalent to the dues and other fees paid by
managerial functions in the field of labor relations. members of the recognized collective bargaining agent, if
such non-union members accept the benefits under the
183. Executive secretary of CEO, confidential employee? collective bargaining agreement: Provided, That the
Yes. individual authorization required under Article 251,
paragraph (o) of this Code shall not apply to the non-
184. Who is a supervisory employee? members of the recognized collective bargaining agent;
Supervisory Employees are those who, in the interest of the f. To dismiss, discharge or otherwise prejudice or discriminate
employer, effectively recommend such managerial actions if the against an employee for having given or being about to give
exercise of such authority is not merely routinary or clerical in testimony under this Code;
nature but requires the use of independent judgment. g. To violate the duty to bargain collectively as prescribed by
this Code;
185. Can supervisory employees form a union with rank and file h. To pay negotiation or attorney’s fees to the union or its
employees? officers or agents as part of the settlement of any issue in
No. Supervisory employees may form, assist and join a labor collective bargaining or any other dispute; or
organization on their own and not with the rank and file i. To violate a collective bargaining agreement.
employees.
192. Is it exclusive?
186. Does the presence of supervisory employees invalidate a rank and Atty G: no.
file union? See art. 273
No. The inclusion as union members of employees outside the
bargaining unit shall not be a ground for the cancellation of the 193. Test for violation of self organization?
registration of the union. Said employees are automatically Whether the employer has engaged in conduct which, it may
deemed removed from the list of membership of said union. reasonably be said, tends to interfere with the free exercise of the
employees’ right.
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d. Agency Shop Agreement or Maintenance of Treasury Shop –


194. Request of employer to exclude union president and treasures in is an agreement whereby employees must either join the
CBA negotiation by reason of body odor, ULP? union or pay to the union as exclusive bargaining agent a sum
The culpability of employer’s remarks is to be evaluated not only equal to that paid by the members.
on the basis of their implications, but is appraised against the e. Bargaining for Members Only – provides that the union is
background of and in conjunction with collateral circumstances recognized as the bargaining agent only for its own members.
f. Exclusive Bargaining Shop – provides that the union is
195. Company sent union president and union vice president to a new recognized as the exclusive bargaining agent for all
branch to train new employees. Union claims that company is employees in the bargaining unit, whether union members or
starting its union busting system scheme. ULP? not.
It is the prerogative of the company to promote, transfer, or even g. Maintenance of Membership Shop Agreement – no employee
demote its employees to other positions when the interests of the is compelled to join the union, but all present or future
company reasonably demand it. Unless there are circumstances members must, as a condition of employment remain in good
which directly point to interference by the company with the standing in the union.
employees’ right to self-organization, the transfer of an employee h. Modified Union Shop – provides that the employees who are
should be considered as within the bounds allowed by law. not union members at the time of signing the contract need
not join the union, but all the workers hired thereafter must
196. Stipulations that can be found in a yellow dog contract? join.
It usually contains the following stipulations:
a. A representation by the employee that he is not a member of 203. Distinction of closed shop and union shop?
a labor union; 204. Rationale for Art. 259 (h)
b. A promise by the employee not to join a labor union; and It is akin to bribery, an under-the-table deal, in utter betrayal of the
c. A promise by the employee that, upon joining a labor union, members’ trust.
he will quit his employment
205. Company and union executed a CBA stipulating a 14 month pay
197. Company Y found out that their employees want to form a union. for a period of 3 years. Took effect in 2001. In 2002, company failed
They offered employees who will join, use of facilities and will be to pay due to serious business losses (factory gutted w/ fire). ULP?
considered hours of work. ULP? 206. Feather bedding?
Company domination means to initiate, dominate, assist or To cause or attempt to cause an employer to pay or deliver or agree
otherwise interfere with the formation or administration of any to pay or deliver any money or other things of value in the nature
labor organization, including the giving of financial or other of an exaction, for services which are not performed or not to be
support to it or its organizers or supporters. performed, including the demand for a fee for union negotiations.

On of its forms is supervisory assistance – soliciting membership, 207. Union busting?


permitting union activities during work time or coercing Dismissal from employment of any union officer duly elected in
employees to join the union by threats of dismissal or demotion. accordance with the union constitution and by-laws which may
constitute union-busting where the existence of the union is
198. What if company usually allows use of facilities anyway? threatened.
199. Underlying reason of Art. 259(d)? Do we look at the motive of the
employer? 208. In ULP is it require that the labor organization be legitimate?
Atty G: No. It is sufficient that there is tendency to influence. An employer who interfered with the right to self-organization
before a union is registered can be held guilty of ULP.
200. What is a union security clause?
Stipulations in the CBA requiring membership in the contracting 209. What is collective bargaining?
union as a condition for employment or retention of employment The duty to bargain collectively means the performance of a
in the company. mutual obligation to meet and convene promptly and
expeditiously in good faith for the purpose of negotiating an
201. Is it a mandatory provision in a CBA? agreement with respect to wages, hours of work and all other terms
Atty G: Not mandatory and conditions of employment including proposals for adjusting
Azucena: Mandatory any grievances or questions arising under such agreement and
executing a contract incorporating such agreements if requested by
202. Different types of union security clause? either party but such duty does not compel any party to agree to a
a. Closed-Shop Agreement – only union members can be hired proposal or to make any concession.
by the company and they must remain as union members to
retain employment in the company. 210. What is a Collective Bargaining Agreement?
b. Union Shop Agreement – non-members may be hired but to "Collective Bargaining Agreement" or "CBA" refers to the contract
retain employment, must become union members after a between a legitimate labor union and the employer concerning
certain period. wages, hours of work, and all other terms and conditions of
c. Preferential Shop Agreement – is an agreement whereby the employment in a bargaining unit.
employer merely agrees to give preference to the members of
the bargaining union in hiring, promotion or filing vacancies 211. Essential elements of collective bargaining
and retention in case of lay-off. a. Possession of the status of majority representation by the
employees’ representative in accordance with any of the
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means of selection or designation provided for by the Labor


Code; Multi-Employer Bargaining - a legitimate labor union(s) and
b. Proof of majority representation (Certification of the BLR that employers may agree in writing to come together for the purpose
the representative of the employees is the sole and exclusive of collective bargaining, provided:
bargaining agent having won in a certification election); and a. Only legitimate labor unions who are incumbent exclusive
c. Demand to bargain under Article 261 (a) of the Labor Code. bargaining agents may participate and negotiate in multi-
employer bargaining;
212. What is a bargaining unit b. Only employers with counterpart legitimate labor unions
"Bargaining Unit" refers to a group of employees sharing mutual who are incumbent bargaining agents may participate and
interests within a given employer unit, comprised of all or less than negotiate in multi-employer bargaining; and
all of the entire body of employees in the employer unit or any c. Only those legitimate labor unions who pertain to employer
specific occupational or geographical grouping within such units who consent to multi-employer bargaining may
employer unit. participate in multi-employer bargaining.

a. As distinguished from a bargaining agent? 217. Preliminary negotiation, how many days reply?
"Exclusive Bargaining Representative" refers to a Reply by the other party not later than 10 calendar days from
legitimate labor union duly recognized or certified receipt of notice with counter proposals;
as the sole and exclusive bargaining representative or
agent of all the employees in a bargaining unit. 218. What is the purpose of request for conference?
219. Publication requirement?
213. Can the employer initiate an action with the bargaining agent, to Two (2) signed copies of collective bargaining agreement reached
commence collective bargaining? through multi-employer bargaining shall be posted for at least five
214. What is the role of the employer in a Petition for Certificate (5) days in two conspicuous areas in each workplace of the
Election? employer units concerned. Said collective bargaining agreement
Employer as by-stander. In all cases, whether the petition for shall affect only those employees in the bargaining units who have
certification election is filed by an employer or a legitimate labor ratified it.
organization, the employer shall not be considered a party thereto
with a concomitant right to oppose a in such proceedings shall be 220. Who is tasked with publication of the CBA?
limited to: 221. How do the employees ratify the CBA?
a. Being notified or informed of petitions of such nature; and Collective bargaining agreement is to be ratified by the majority of
b. Submitting the list of employees during the pre-election the employees in the bargaining unit of the employer or employers
conference should the Med-Arbiter act favorably on the concerned.
petition.
222. Who can ratify the CBA? All the members of the bargaining unit?
215. Collective bargaining process Or only members of bargaining agent?
The following procedures shall be observed in collective Employees in the bargaining unit of the employer or employers
bargaining: concerned
a. When a party desires to negotiate an agreement, it shall serve
a written notice upon the other party with a statement of its 223. After the ratification, next process?
proposals. The other party shall make a reply thereto not later Registration of CBA to regional office. Multi-employer collective
than ten (10) calendar days from receipt of such notice; bargaining agreements shall be filed with the Bureau.
b. Should differences arise on the basis of such notice and reply,
either party may request for a conference which shall begin 224. Can the CBA be registered directly with DOLE/BLR? Or RO only?
not later than ten (10) calendar days from the date of request. Multi-employer collective bargaining agreements shall be filed
c. If the dispute is not settled, the Board shall intervene upon with the Bureau.
request of either or both parties or at its own initiative and
immediately call the parties to conciliation meetings. The 225. Prior to registration, can the CBA be administered?
Board shall have the power to issue subpoenas requiring the Yes. Registration of CBA only puts into effect the Contract-Bar rule
attendance of the parties to such meetings. It shall be the duty but the CBA itself is valid and binding even if unregistered.
of the parties to participate fully and promptly in the
conciliation meetings the Board may call; 226. What is the Contract Bar Rule?
d. During the conciliation proceedings in the Board, the parties The representation status of the incumbent exclusive bargaining
are prohibited from doing any act which may disrupt or agent which is a party to a duly registered collective bargaining
impede the early settlement of the disputes; and agreement shall be for a term of five (5) years from the date of the
e. The Board shall exert all efforts to settle disputes amicably effectivity of the collective bargaining agreement.
and encourage the parties to submit their case to a voluntary
arbitrator. No petition questioning the majority status of the incumbent
exclusive bargaining agent or petition for certification election filed
216. Single Enterprise Bargaining v. Multi-Enterprise Bargaining outside of the sixty-day period immediately preceding the expiry
Single Enterprise Bargaining - any voluntarily recognized or date of such five-year term shall be entertained by the Department.
certified labor union may demand negotiations with its employer
for terms and conditions of work covering employees in the The five-year representation status acquired by an incumbent
bargaining unit concerned. bargaining agent either through single enterprise collective
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bargaining or multi-employer bargaining shall not be affected by a collective bargaining contract which is still subsisting continues to
subsequent collective bargaining agreement executed between the bind the employees up to its expiration date.
same bargaining agent and the employer during the same five-year
period. 236. Can the employer be compelled to bargain collectively by the sole
exclusive bargaining agent if the employer already closed the
227. Exceptions to contract bar rule (8) business?
a. The CBA is unregistered; Management prerogative. *See rules on successor-in-interest
b. The CBA is inadequate, incomplete, or defective; doctrine if applicable.
c. The CBA was hastily entered into or doctrine of premature
extension; 237. Can the employer refuse, contending that in three days he will
d. Withdrawal of affiliation from the contracting union brought already issue a notice of cessation of operation of establishment
about by schism or mass disaffiliation; due to losses?
e. Contract where the identity of the representative is in doubt; 238. Will it be different if he intends only to suspend the business?
f. CBA entered into between the employer and the union during 239. Mere refusal of the employer to bargain collectively, ULP?
the pendency for certification election; Scenario: closure of business
g. CBA registered with falsified supporting documents; 240. What is the nature of the CBA?
h. CBA was concluded in violation of an order enjoining the Contract.
parties from entering into a CBA until the issue of
representation is resolved; 241. In the administration and enforcement of CBA, do we apply the
i. Petition is filed during the 60-day freedom period; automatic incorporation clause?
j. Referendum to register an independent union; Atty G: Yes. Automatic incorporation clause – law is assumed to
k. CBA was signed before or within the freedom period. be part of the contract.

228. Is ULP an exception to the contract bar rule 242. General Milling Corp. v. CA
229. What is the lifetime of the CBA? The law mandates that the representation provision of a CBA
With respect to the representation aspect, the same lasts for 5 years. should last for five years. The relation between labor and
management should be undisturbed until the last 60 days of the
With respect to all other provisions, economic and non-economic fifth year. For refusing to send a counter-proposal to the union and
other than representational, of the CBA, it shall be renegotiated not to bargain anew on the economic terms of the CBA, the company
later than 3 years after its execution. committed an unfair labor practice under Article 248 of the Labor
Code.
230. Can the parties stipulate that there will be an extension to the term
of office of the bargaining agent. 243. Enumerate common stipulations that can be found in the CBA
No. while the parties may agree to extend the CBA’s original five- a. Definition of Bargaining Unit;
year term despite an agreement for a CBA with a life of more than b. Union Security Clause;
5 years, the bargaining union’s exclusive bargaining status is c. Check-off Provision;
effective only for five years and can be challenged within 60 days d. Management Prerogative Clause;
prior to the expiration of the CBA’s first five years. e. Economic Benefits;
f. Provision on Administration of Agreement;
231. The parties already ratified, and in fact registered the existing the g. Voluntary Arbitration Clause;
CBA. During the the duration, an employee noticed that a h. No Strike-No Lockout Clause;
stipulation promised by the employer was not included in the i. Completeness of Agreement;
CBA. E.g. instead of 20 days paternity leave benefit, such was left j. Provision on Family Planning, Participation in Sports, etc.;
out by the CBA ratified. Does the stipulation still form part of the k. Provision against Drug Use in Workplace; and
agreement? l. Duration of Agreement.
232. Does the minutes form part of the CBA?
233. Duty to bargain collectively, what does it mean? 244. Mandatory provisions of the CBA
The duty to bargain collectively means the performance of a a. Wages;
mutual obligation to meet and convene promptly and b. Hours of work;
expeditiously in good faith for the purpose of negotiating an c. Vacations and Holidays;
agreement with respect to wages, hours of work and all other terms d. Bonuses;
and conditions of employment including proposals for adjusting e. Pensions and retirement plans;
any grievances or questions arising under such agreement and f. Seniority;
executing a contract incorporating such agreements if requested by g. Transfer;
either party but such duty does not compel any party to agree to a h. Lay-offs;
proposal or to make any concession. i. Employee Workloads;
j. Work rules and regulations;
234. What if there is no CBA yet? Who has the duty to bargain? k. Rent of company houses;
235. What is the substitutionary doctrine? l. Grievance machinery;
Where there occurs a shift in the employees’ union allegiance after m. Voluntary arbitration;
the execution of a collective bargaining contract with the employer, n. Family planning;
the employees can change their agent, the labor union, but the o. Rates of pay;
p. Mutual observance clause; and
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q. Provision against drug use in the workplace. Sole and Exclusive Bargaining Agent (SEBA) Certification is the
process whereby the DOLE recognizes a labor organization as the
*Azucena includes union security arrangements; exclusive bargaining representative of the employees in the
*Atty G: not mandatory appropriate bargaining unit.

245. Union Security Clause, mandatory? 253. How do you determine an appropriate bargaining unit? Doctrines.
No. a. Community of Interest Doctrine or Substantial Mutual
Interest Rule – characterized by the similarity of employment
246. What is a union security clause? status, same duties and responsibilities and substantially
Stipulations in the CBA requiring membership in the contracting similar compensation and working conditions.
union as a condition for employment or retention of employment b. Globe Doctrine – based on the express will or desire of the
in the company. employees.
c. Employment Status;
247. Automatic renewal clause? d. Prior collective bargaining history.
The CBA shall remain effective and enforceable even after the
expiration of the period fixed by the parties as long as no new 254. What is the substantial/mutuality of interest doctrine? How do
agreement is reached by them. you apply?
It is the affinity and unity of employees' interest, such as
248. If the CBA was negotiated and registered before the freedom substantial similarity of work and duties, or similarity of
period, what will be its effect on the effectivity or legality of the compensation and working conditions.
CBA?
249. Explain the rule on retroactivity of the CBA? 255. Tanduay distillery has a plant in manila and in laguna, both
a. If first CBA for the bargaining unit, the parties have to decide perform the same kind of jobs, can the employees form the same
the CBA’s effectivity date; bargaining unit?
b. if there is an existing agreement Those made within 6 months 256. What if Tanduay also has a canning factory, placed under its sister
after the date of expiry of the CBA are subject to automatic company, located in malabon, can the workers from Manila,
retroaction to the day immediately following such date of Laguna, and Malabon form a bargaining unit.
expiry; 257. Is the rule one-corporation-one-unit? Can the employers insist the
c. Those concluded after 6 months from expiration of the old Globe doctrine?
CBA, the parties may agree on the date of retroaction. This 258. Actors and stuntmen, can they form one bargaining unit?
rule applies only if there is an existing agreement. Atty G: No Disparity of pay, status
d. If there is no existing agreement, there is no retroactive effect
because the date agreed upon shall be the start of the period 259. Quisumbing Case
of agreement. Foreign-hired teachers do not belong to the bargaining unit of the
local hires because the former have not indicated their intention to
250. No strike no lockout clause, is it a mandatory provision? be grouped with the latter for purposes of collective bargaining.
Yes. See Chan reviewer. Although foreign-hires perform similar functions under the same
working conditions as the local-hires, foreign-hires are accorded
A “No Strike, No Lockout” clause in the CBA is an expression of certain benefits not granted to local-hires.
the firm commitment of the parties thereto that, on the part of the
union, it will not mount a strike during the effectivity of the CBA, 260. When we want to determine appropriate bargaining should we
and on the part of the employer, that it will not stage a lockout apply all doctrines in Quisumbing?
during the lifetime thereof. 261. How do you determine the sole exclusive bargaining agent?
Request for SEBA Certification
251. If the parties stipulate that their CBA will contain a no strike no
lockout clause, does it mean that the parties can in no instance 262. What is this SEBA
hold a strike or a lockout? Sole and Exclusive Bargaining Agent. This method to determine
No. May hold a strike on grounds of ULP. bargaining agent is available only when the Regional Director
finds the establishment unorganized with only on LLO.
“No Strike, No Lockout” provision in the CBA is a valid stipulation
although the clause may be invoked by an employer only when the 263. Requirements for a SEBA certification
strike is economic in nature or one which is conducted to force The request for certification shall indicate:
wage or other concessions from the employer that are not a. The name and address of the requesting legitimate labor
mandated to be granted by the law itself. It does not bar strikes organization;
grounded on unfair labor practices. b. The name and address of the company where it operates;
c. The bargaining unit sought to be represented;
252. Appropriate bargaining unit v. Sole Bargaining Agent d. The approximate number of employees in the bargaining
Bargaining unit is a group of employees of a given employer, unit; and
comprised of all or less than all the entire body of the employees, e. The statement of the existence/non-existence of other labor
which, consistent with equity to the employer, indicate to be best organization/CBA.
suited to serve the reciprocal rights and duties of the parties under
the collective bargaining provision of the law. 264. Who files the request for SEBA certification?
Any legitimate labor organization.
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265. Union approaches the employer, wanting to bargain, not being 271. When should it be filed?
certified. Can the employer recognize? Freedom period.
DO 40-I-15 repealed the rule on voluntary recognition, replacing it
with SEBA. 272. Is it only during the freedom period?
Neither party is allowed to terminate nor modify such agreement
"Voluntary Recognition" refers to the process by which a legitimate during its lifetime. The only time the parties are allowed to
labor union is recognized by the employer as the exclusive terminate or modify the agreement is within the so-called
bargaining representative or agent in a bargaining unit, reported “freedom period” of at least sixty (60) days prior to its expiration
with the Regional Office date by serving a notice to that effect.”

266. Where should the request for SEBA be filed? 273. What is the certification year bar rule?
Regional office which issued its certificate of registration or Under this rule, a petition for certification election may not be filed
certificate of creation of chartered local. within one (1) year:
a. from the date the fact of voluntary recognition has been
267. Who may file request for PCE? entered; or
Any legitimate labor organization, including a national union or b. from the date a valid certification, consent, run-off or re-run
federation that has issued a charter certificate to its local/chapter or election has been conducted within the bargaining unit.
the local/chapter itself, may file a petition for certification election.
274. Aside from filing it during the freedom period should the petition
When requested to bargain collectively in a bargaining unit where be supported with the consent of a certain number of people from
no registered CBA exists, an employer may file a petition for the union/ bargaining unit?
certification election with the regional office. The petition must be supported by the written consent of at least
25% of all the employees in the appropriate bargaining unit.
Any employee has the right to intervene for the protection of his
individual right. 275. What is the bargaining deadlock bar rule?
Under this rule, a petition for certification election may not be
268. Requisites for certification election in an organized entertained when a bargaining deadlock to which an incumbent or
establishment? certified bargaining agent is a party has been submitted to
a. The union should be legitimate which means that it is duly conciliation or arbitration or has become the subject of a valid
registered and listed in the registry of legitimate labor unions notice of strike or lockout.
of the BLR or that its legal personality has not been revoked
or cancelled with finality. “Collective bargaining deadlock” refers to a situation where there
b. In case of organized establishments, the petition for is a failure in the collective bargaining negotiations between the
certification election is filed during (and not before or after) collective bargaining agent and the employer resulting in an
the 60-day freedom period of a duly registered CBA. impasse or stalemate.
c. In case of organized establishments, the petition complied
with the 25% written support of the members of the 276. What are the grounds where the med-arbiter can deny a petition
bargaining unit. for certification election?
d. The petition is filed not in violation of any of the following a. Unregistered Union. Petitioner is not listed in the
rules: department’s registry of legitimate labor unions or that its
i. Certification year bar rule; legal personality has been revoked or cancelled with finality;
ii. Negotiations bar rule; b. Contract Bar Rule. Petition was filed before or after the
iii. Bargaining deadlock bar rule; or freedom period of a duly registered CBA; provided that the
iv. Contract bar rule 60-day period based on the original CBA shall not be affected
by any amendment, extension, or renewal of the CBA;
269. But if there is already an existing CBA within the establishment, c. Certification Year. Petition was filed within 1 year from entry
and another union wants to file a certification election, what are of voluntary recognition or a valid certification, consent, or
the requirements? run-off election and no appeal on the results thereof is
270. Can the certification election be filed at any time if there is an pending;
existing CBA within the establishment? d. A duly certified union has commenced and sustained
A petition involving an organized establishment or enterprise Negotiations with the employer or there exists a bargaining
where the majority status of the incumbent collective bargaining Deadlock which had been submitted to conciliation or
union is questioned by a legitimate labor organization, the Med- arbitration or had become the subject of a valid notice of strike
Arbiter shall immediately order the conduct of a certification or lockout to which an incumbent or certified bargaining
election if the petition is filed during the last sixty (60) days of the agent is a party;
CBA. Any petition filed before or after the 60-day freedom period e. In case of an organized establishment, failure to submit the
shall be dismissed outright. 25% Support requirement for the filing of the petition for
certification election;
The 60-day freedom period based on the original collective f. Failure of local/chapter or national union/federation to
bargaining agreement shall not be affected by any amendment, submit a duly issued Charter Certificate upon filing of the
extension or renewal of the CBA for purposes of certification petition for certification election;
election.
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g. Absence of employer-employee relationship between all the 284. What is a runoff election?
members of the petitioning union and the establishment A “run-off election” refers to an election between the labor unions
where the proposed bargaining unit is sought to be receiving the two (2) highest number of votes in a certification
represented; and election or consent election with three (3) or more choices, where
h. Non-appearance of the petitioner for two (2) consecutive such a certification election or consent election results in none of
scheduled conferences before the mediator-arbiter despite the three (3) or more choices receiving the majority of the valid
due notice votes cast, provided that the total number of votes for all
contending unions is at least fifty percent (50%) of the number of
277. Can an employer file an opposition against the petition for votes cast.
certificate election, on the ground that the employees that the
union seeks to represent, are not actually employees of the 285. In a runoff election, if there are three choices, is it required to have
company, but they are employees of the contractor? three unions?
No. Prohibited ground for the denial/suspension of the petition – Yes. The ballots in the run-off election should provide as choices
the inclusion as union members of employees outside the the unions receiving the highest and second highest number of the
bargaining unit shall not be a ground for the cancellation of the votes cast. The labor union receiving the greater number of valid
registration of the union. Said employees are automatically votes cast should be certified as the winner.
deemed removed from the list of membership of said unions.
The choice of “No Union” should not be included in the run-off
Employer as bystander – in all cases whether the petition for election.
certification election is filed by an employer or a legitimate labor
organization, the employer shall not be considered a party thereto 286. When do we hold a runoff election?
with a concomitant right to oppose a PCE. If there are no objections or challenges which, if sustained, can
materially alter the results, the Election Officer should motu
278. Can the opposition be a ground for the med-arbiter to deny the proprio conduct a run-off election within ten (10) days from the
petition for certificate election? close of the election proceedings between the labor unions
Absence of employer-employee relationship between all the receiving the two highest number of votes.
members of the petitioning union and the establishment where the
proposed bargaining unit is sought to be represented is a ground 287. There are 100 voters, 80 voted. Union A had 40, union B had 20, no
for denial of petition. union had 20. Should you conduct a runoff election?
Yes.
279. If the petition was denied what will be the remedy of the union? First majority complied with (50%+1 of 100 voters).
Can they file an MR? or appeal? Second majority not complied with, but total number of votes of
Appeal. The order granting the conduct of a certification election contending union is at least 50% (49% of 80 total votes < 60 Votes
in an organized establishment and the decision dismissing or of Union A&B)
denying the petition, whether in an organized or unorganized
establishment, may be appealed to the Office of the Secretary 288. There are 100 voters, No union – 40, Union A – 20, Union B – 20,
within ten (10) days from receipt thereof. The order granting the can there be a run-off election? Is there a valid election?
conduct of a certification election in an unorganized establishment Valid election first majority complied with. There can be a run-off
shall not be subject to appeal. election as the total number of votes is exactly 50% of the number
of votes cast (requirement is at least 50% for run off)
280. Appeal where?
Office of the Secretary (SOLE). 289. What will constitute as a failure of election?
In failure of election, the number of votes cast in the certification or
281. What is the reglementary period to file the appeal? consent election is less than the majority of the number of eligible
Within 10 days from receipt of denial. voters and there are no challenged votes that could materially
change the results thereof.
282. Aside from the petition for certification election, SEBA
certification, are there other means to determine the sole exclusive 290. Who can vote during the election, PCE? Only the members of the
bargaining agent? union?
The methods of determining the bargaining representative are: No. All employees who are members of the appropriate bargaining
a. Request for SEBA; unit (not just the union) 3 months prior to the filing of the
b. Certification election; petition/request shall be eligible to vote.
c. Run-off election;
d. Re-run election; and In case of disagreement over voters’ list or eligibility, all contested
e. Consent election voters shall be allowed to vote but their votes shall be segregated
and sealed in an envelope.
283. What is a consent election?
“Consent Election” refers to the process of determining through Any member of the bargaining unit who is unintentionally omitted
secret ballot the sole and exclusive representative of the employees in the master list of voters may be allowed to vote if both parties
in an appropriate bargaining unit for purposes of collective agree, otherwise, he/she will be allowed to vote but the ballot is
bargaining and negotiation. It is voluntarily agreed upon by the segregated.
parties, with or without the intervention of the DOLE.

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291. What about the dismissed employees, can they still vote? 297. What is a grievance machinery (GM)?
Yes. It is a mechanism for the adjustment of controversies or disputes
arising from the interpretation or implementation of the CBA and
292. What if they contest the election, e.g., they were dismissed to the interpretation or enforcement of company personnel policies.
decrease the number of votes for one union?
An employee who has been dismissed from work but contested the 298. Grievance procedure?
legality of dismissal in a forum of appropriate jurisdiction at the It is the series of formal steps that parties to a CBA agreed to take
time of issuance of the order for the conduct of a certification for the adjustment of grievances or questions arising out of the
election shall be considered a qualified voter, unless dismissal was interpretation or implementation of the CBA or company
declared valid in a final judgment at the time of the conduct of the personnel policies including voluntary arbitration as the terminal
certification election. step.

293. One voter is obsessed with hearts, in his ballot along with “union 299. Give an example of a grievance.
A,” he placed several hearts, should that be considered in the 300. What if there is a misunderstanding between the subordinate and
counting of the ballots? Is it considered a spoiled ballot? the immediate supervisor on the implementation of the vacation
“Spoiled Ballot” refers to a ballot that is torn, defaced, or contains leave?
markings which can lead another to clearly identify the voter who Grievance procedure. If unresolved, it will be referred to VA.
casts such vote.
301. What are the provisions of the CBA which are subject to grievance
294. There are several spoiled ballots, e.g. 7 voters are obsessed with machinery? (see NCMB primer on grievance)
hearts, filled their ballots with drawings. Will these be counted or Non-economic and economic provisions.
considered in the counting of the votes?
If a ballot is torn, defaced or left unfilled in such a manner as to Every collective agreement usually contains non-economic and
create doubt or confusion or to identify the voter, it shall be economic provisions. Non-economic provisions are those whose
considered spoiled. If the voter inadvertently spoils a ballot, he/she monetary cost can not be directly computed such as no-strike-no-
shall return it to the Election Officer who shall destroy it and give lockout, union security, management security, check-off clauses,
him/her another ballot. grievance procedures, etc. Economic provisions, on the other hand,
are those which have direct and measurable monetary cost
295. In no case will these votes be considered? consequences such as wage rates, paid vacations, pensions, health
Spoiled ballot does not fall under challenged votes. and welfare plans, penalty premiums and other fringe benefits.
Any violation arising from rights established under collective
An authorized representative of any of the contending unions and agreements, laws, rules and regulations and customary practices
employer may challenge a vote before it is deposited in the ballot may constitute as grievance and is often referred to as rights
box only on any of the following grounds: dispute.
a. that there is no employer-employee relationship between the
voter and the company; 302. Discuss the procedure in handling a grievance.
b. that the voter is not a member of the appropriate bargaining In the absence of a specific provision in the collective bargaining
unit which petitioner seeks to represent. agreement or existing company practice prescribing for the
procedures in handling grievance, the following shall apply:
Lecture: a. An employee shall present this grievance or complaint orally
A union security clause is not a mandatory provision. The mandatory or in writing to the shop steward. Upon receipt thereof, the
provisions are the grievance machinery, voluntary arbitration etc. shop steward shall verify the facts and determine whether or
not the grievance is valid.
Automatic incorporation clause is part of the CBA. It means that the law b. If the grievance is valid, the shop steward shall immediately
is presumed to be part of the contract. Example is a new social legislation bring the complaint to the employee's immediate supervisor.
passed by congress, e.g. increase of days for maternity leave. If during The shop steward, the employee and his immediate
the effectivity of the CBA there is new legislation, there is automatic supervisor shall exert efforts to settle the grievance at their
modification of the contract. This also applies to new benefits and salary level.
increases. c. If no settlement is reached, the grievance shall be referred to
the grievance committee which shall have ten (10) days to
The primary rule that we apply in determining the bargaining agent is decide the case.
the substantial interest/mutuality rule; globe doctrine is only secondary.
Where the issue involves or arises from the interpretation or
Situation: med-arbiter declared a failure of election. Remedy is to file an implementation of a provision in the collective bargaining
appeal to the BLR within 10 days. Art. 272 of the LC. agreement, or from any order, memorandum, circular or
assignment issued by the appropriate authority in the
296. What is a grievance? establishment, and such issue cannot be resolved at the level of the
When a dispute or controversy arises over the implementation or shop steward or the supervisor, the same may be referred
interpretation of a CBA or from the implementation or immediately to the grievance committee.
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.

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303. Let’s say there’s a grievance in an establishment. It was referred to ii. In the absence of a named arbitrator in the cba and the
GM but was not resolved within 5 days. Do we refer it party upon whom the notice to arbitrate is served does
automatically to voluntary arbitration (VA)? not favorably reply within seven days from receipt of
All grievances submitted to the grievance machinery which are not such notice.
settled with 7 days from the date of its submission shall
automatically be referred to voluntary arbitration prescribed in the 310. ULP, can the parties agree to subject jurisdiction to the VA?
CBA. Yes, concurrent jurisdiction with LA.

304. When will the VA acquire jurisdiction over their grievance? Is it 311. Any case which fall under the EO jurisdiction of the LA, can also
automatic? be assumed and given cognizance by the VA?
Where grievance remains unresolved, either party may serve The voluntary arbitrator upon agreement of the parties, shall also
notice upon the other of its decision to submit the issue to hear and decide all other labor disputes including unfair labor
voluntary arbitration. The notice shall state the issue or issues to be practice and bargaining deadlocks. Before or at any stage of the
arbitrated, copy thereof furnished the board or the voluntary compulsory arbitration process, parties to a labor dispute may
arbitrator or panel of voluntary arbitrators named or designated in agree to submit their case to voluntary arbitration.
the collective bargaining agreement.
312. Is it required that both parties agree?
If the party upon whom the notice is served fails or refuses to In Notice to Arbitrate, one party is unwilling to arbitrate.
respond favorably within seven (7) days from receipt thereof, the
voluntary arbitrator or panel of voluntary arbitrators designated in 313. Is it required that it be included in the CBA?
the collective bargaining agreement shall commence voluntary GM and VA are MANDATORY provisions of the CBA.
arbitration proceedings.
314. What if there is no such stipulation in the CBA, can they later on
305. Do they have to submit documents to the VA, for it to acquire agree?
jurisdiction? In the absence of applicable provision in the collective bargaining
The notice shall state the issue or issues to be arbitrated, copy agreement, a grievance committee shall be created within ten (10)
thereof furnished the board or the voluntary arbitrator or panel of days from signing of the collective bargaining agreement. The
voluntary arbitrators. committee shall be composed of at least two (2) representatives
each from the members of the bargaining unit and the employer,
306. When do we file a submission agreement? unless otherwise agreed upon by the parties.
“Submission agreement” — refers to a written agreement by the
parties submitting their case for arbitration containing the issues, 315. All cases? Are there any exceptions?
the chosen arbitrator and stipulation to abide by and comply with 316. What are the qualifications of a voluntary arbitrator?
the resolution including the cost of arbitration. Minimum requirement to be accredited as a voluntary arbitrator:
a. A Filipino citizen residing in the PH;
307. When do you file a notice to arbitrate? b. A holder of a bachelor’s degree in any field of behavioral or
When one party refuses to arbitrate. applied sciences or equivalent educational training short of a
bachelor’s degree;
308. Is it required that the other party is unwilling? c. At least 5 years of experience in management-labor relations;
For notice to arbitrate, yes. d. Completion of training on voluntary arbitration conducted by
the NCMB; and
309. What are the cases which fall under the exclusive and original e. A person of good moral character, noted for impartiality,
jurisdiction of the VA? probity and has not civilly, criminally and administratively
a. All unresolved grievances arising from the interpretation or adjudged guilty of any offense involving moral turpitude as
implementation of the collective bargaining agreement. evidenced by a duly sworn affidavit.
b. All unresolved grievances arising from the implementation or
enforcement of company personnel policies. 317. Union and the company, during the CBA negotiations, agreed that
c. All wage distortion issues arising from the application of any Mr. X, the next union president, will be their voluntary arbitrator.
wage orders in organized establishments. Mr. X is 72 years of age, elementary graduate, has been previously
d. All unresolved grievances arising from the interpretation and been convicted for violating BP 22. After service of sentence, he has
implementation of the productivity incentive programs become a well-respected member of the community. Is he
under RA 6971. qualified?
A voluntary arbitrator is chosen by the parties themselves. Their
The voluntary arbitrator shall exercise jurisdiction over specific choice is not limited to the arbitrators accredited by the NCMB,
cases: although, Art. 273 of Labor Code says that they should preferably
a. Upon receipt of a Submission Agreement duly signed by both choose the accredited ones.
parties.
b. Upon receipt of the notice to arbitrate when there is refusal 318. How do you enforce the decision of the VA?
from one party; In instances of noncompliance by either or both parties, a motion
c. Upon receipt of an appointment/designation as voluntary to enforce/execute the award may be filed with the voluntary
arbitrator by the board in either of the following arbitrator who may issue a writ of execution requiring either the
circumstances: sheriff of the National Labor Relations Commission or the regular
i. In the event that parties fail to select an arbitrator; or courts or any public official whom the parties may designate in the
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submission agreement, to execute the final decision. In the absence i. Secondary Strikes (illegal) - work stoppages of workers of one
of the voluntary arbitrator or in case of his incapacity, the motion company to exert pressure on their employer so that the latter
shall be filed with the Labor Arbiter in the region having will in turn bring pressure upon the employer of another
jurisdiction over the workplace. The filing of motion for the company with whom another union has a labor dispute.
issuance of Writ of Execution is without prejudice to any other j. Sympathetic Strikes (illegal) – work stoppages of workers of
action the aggrieved party may take against the non-complying one company to make common cause with other strikers of
party such as a petition for contempt or imposition of fines and other companies, without demands or grievances of their own
penalties. against the employer.
k. Quickie Strikes or Partial Strike – brief and unannounced
319. What are the factors to be considered in determining the fees which temporary work stoppage, including slowdowns,
should be paid to the VA. unauthorized extension of rest periods, and walkouts for
The fixing of fee of voluntary arbitrators or panel of voluntary portions of a shift or for entire shifts
arbitrators, whether shouldered wholly by the parties or l. Cause Oriented Strikes (illegal) – to make a stand on certain
subsidized by the Special Voluntary Arbitration Fund, shall take
national issues e.g. political strikes
into account the following factors:
m. Good Faith Strike – a strike justified by belief in good faith
a. Nature of the case;
that the employer was committing unfair labor practice at the
b. Time consumed in hearing the case;
time the strikers went on strike. Good faith saves the strike
c. Professional standing of the voluntary arbitrator;
from being declared illegal and the strikers from being
d. Capacity to pay of the parties; and
declared to have lost their employment status
e. Fees provided for in the Revised Rules of Court.
n. General Strike - extends over a whole community, province,
state or country.
Unless the parties agree otherwise, the cost of voluntary arbitration
o. Local Strike - is one undertaken by workers in a particular
proceedings and voluntary arbitrator's fee shall be shared equally
enterprise, locality, or occupation; it usually involves only one
by the parties
union or only one industry
p. Recognitional Strike - a strike to compel the ER to recognize
320. Strike
one’s union
Means any temporary stoppage of work by the concerted action of
the employees as a result of an industrial or labor dispute.
324. What are the requirements for a valid strike (procedural)
a. A strike must be based on a valid and factual ground. A strike
321. Lockout
or lockout must be based on either:
Means the temporary refusal of an employer to furnish work as a
i. Collective Bargaining Deadlock; or
result of an industrial or labor dispute.
ii. Unfair Labor Practice
b. A notice of strike or lockout must be Filed with NCMB-DOLE:
322. Picketing
i. At least 30 days from the intended date thereof, if the
The right of workers during strikes consisting of the marching to
issues involved arose from a collective bargaining
and fro before the premises of an establishment involved in a labor
deadlock; or
dispute, generally accompanied by the carrying and display of
ii. At least 15 days from the intended date, if the issues
signs, placards or banners with statements relating to the dispute.
raised are in the nature of unfair labor practices
c. Notice must be served to the NCMB-DOLE at least 24 hours
323. Discuss the different kinds of strike
prior to the taking of strike or lockout vote by secret balloting,
a. Legal Strike – one called for a valid purpose and conducted
informing said office of the decision to conduct a strike or
through means allowed by law.
lockout vote, and the date, place and time
b. Illegal Strike – one staged for a purpose not recognized by
d. A strike vote must be taken where a majority vote of the
law, or if for a valid purpose, conducted through means not
members of the union must Approve it, obtained by secret
sanctioned by law.
ballot in a meeting duly called for the purpose.
c. Economic Strike – one staged by workers to force wage or
e. A strike or lockout vote Report should be submitted to the
other economic concessions from the employer which he is
NCMB-DOLE at least 7 days before the intended date of strike
not required by law to grant
d. ULP Strike – one called to protest against the employer’s acts or lockout; subject to the cooling-off period.
of unfair labor practice enumerated in Article 248 of the Labor f. Except in cases of union busting, the Cooling off period
Code, as amended, including gross violation of the collective prescribed by law should be fully observed; and
bargaining agreement (CBA) and union busting. g. The 7 day waiting period or strike ban after submission of
e. Slowdown Strike – one staged without the workers quitting strike or lockout vote to the NCMB-DOLE should be fully
their work but merely slackening or by reducing their normal observed in ALL cases, including union busting.
work output.
f. Wild-Cat Strike (illegal) – one declared and staged without 325. Who may declare a strike?
filing the required notice of strike and without the majority Any certified or duly recognized bargaining representative may
approval of the recognized bargaining agent. declare a strike in cases of bargaining deadlock and unfair labor
g. Sit Down Strike (illegal) – one where the workers stop practice. Likewise, the employer may declare a lockout in the same
working but do not leave their place of work. cases.
h. Primary Strike – conducted by the workers against their
employers involving a labor dispute directly affecting them. In the absence of a certified or duly recognized bargaining
representative, any legitimate labor organization in the

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establishment may declare a strike but only on the ground of unfair in conciliation/mediation the parties shall be encouraged to submit
labor practice. their dispute for voluntary arbitration.

326. What if there is ULP? 336. May NCMB participate in a strike vote?
In the absence of bargaining representative, any LLO. The regional branch of the NCMB may, at its own initiative or upon
request of any affected party, supervise the conduct of the secret
327. What if the employer prevented the legitimization of Labor balloting. In every case, the union or the employer shall furnish the
Organization, may union file a notice of strike? regional branch of the Board and the notice of meetings referred to
328. Grounds for strike in the preceding paragraph at least twenty-four (24) hours before
a. Collective Bargaining Deadlock; or such meetings as well as the results of the voting at least seven (7)
b. Unfair Labor Practice days before the intended strike or lockout, subject to the cooling-
off period.
329. What do you mean by bargaining deadlock?
Failure to agree on the terms and conditions of the Collective 337. Failure to serve notice of intent to strike vote to NCMB, all else
Bargaining Agreement between the management and the union. regular, valid? (prior conduct of strike vote)

330. Grounds for ULP? 338. Can a notice of strike be converted into a preventive mediation
See Art. 259 case?
Yes. If notice of strike is improvidently filed and it appears on the
331. Do you need to undergo SENA for ULP cases? face of the notice that the issues raised are non-strikeable or the real
Yes for ULP issues discovered during conciliation proceedings are not proper
subjects of a Notice of Strike or Lockout, The NCMB Regional
Notices of strike/lockout or preventive mediation cases with the Branch shall dismiss motu propio the notice without prejudice to
NCMB are outside the scope of SENA. further conciliation, or upon request of either or both parties in
which case, the Notice of Strike or Lockout is treated as a
332. What is the cooling off period? Preventive Mediation Case.
A strike or lockout NOTICE shall be filed with the National
Conciliation and Mediation Board (NCMB) at least 15 days before 339. During the conduct of strike are they entitled to payment of wages?
the intended date of the strike or lockout if the issues raised are As a general rule, striking employees are not entitled to the
unfair labor practices, or at least 30 days before the intended date payment of wages for unworked days during the period of the
thereof if the issue involves bargaining deadlock. strike pursuant to the principle of “No work- No pay”. However,
this does not preclude the parties from entering into an agreement
The 15 and 30 days requirement is known as the Cooling-Off to the contrary.
Period designed to afford parties the opportunity to amicable
resolve the dispute with the assistance of the NCMB On the other hand, when strikers abandon the strike and apply for
Conciliator/Mediator. reinstatement despite the existence of valid grounds but the
employer either refuses to reinstate them or imposes upon their
In cases of dismissal from employment of union officers duly reinstatement new conditions that constitute unfair labor practices,
elected in accordance with the union constitution and by-laws, the strikers, who refuse to accept the new conditions and are
which may constitute UNION BUSTING where the existence of the consequently refused reinstatement, are entitled to the losses of
union is threatened, the 15-day cooling-off period shall not apply pay they may have suffered by reason of the employer’s
and the union may take action immediately after the strike vote is discriminatory acts from the time they were refused reinstatement.
conducted and the result thereof submitted to the Department of
Labor and Employment. 340. What if there is a no-strike or no-lockout clause in the CBA?
Clause only applicable for stipulations economic in nature. “No
333. Company terminated 5 union officers, is that union busting? Strike, No Lockout” provision in the CBA is a valid stipulation
Existence of the union must be threatened. although the clause may be invoked by an employer only when the
strike is economic in nature.
334. Six union officers terminated because they were caught stealing
company property. Union members contend that such act will 341. During the pendency of the strike, can the employer hire temporary
cripple the union, is there union busting? workers? Regardless of the ground of the strike?
No. Valid cause of dismissal. Yes. However, the mere participation of a worker in lawful strike
shall not constitute sufficient ground for the termination of his
335. Does NCMB have the power to determine the applicable cooling employment even if a replacement has been hired by the employer
off period? Or do they look only at the notice? during such lawful strike.
*Role of NCMB - Upon receipt of a valid notice of strike or lockout,
the NCMB, through its Conciliator-Mediators, shall call the parties 342. What if the strike lasted for 8 months? What is the status of the
to a conference the soonest possible time in order to actively assist temporary workers?
them to explore all possibilities for amicable settlement. To this 343. Two modes of settlement disputes?
end, the Conciliator-Mediator may suggest/offer proposals as an 344. Is there a double majority requirement?
alternative avenue for the resolution of their disagreement/conflict
which may not necessarily bind the parties. In the event of failure

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345. What are the prohibited activities? During a strike or lockout, when either of the parties commit
*labor code provides for five; NCMB primer enumerates ten prohibited acts or practices, the strike or lockout may be declared
a. Declaring a strike or lockout on grounds involving inter- illegal.
union and intra-union disputes or on issues brought to
voluntary or compulsory arbitration. 348. Whose services will be terminated, the union officer or the
b. Declaring a strike or lockout without first having bargained employee?
collectively or without first having filed the required notice or If a strike is declared illegal, the employer may be authorized to
without the necessary strike or lockout vote first having been terminate the employment of:
obtained and reported to the Regional Branch of the NCMB. a. Union officials who knowingly participated in the illegal
c. Declaring a strike or lockout in defiance of a cease-and-desist strike; and/or
order, or an order for the striking employees to return to work b. Any worker or union officer who knowingly participated in
and for the employer to accept the workers after assumption the commission of other illegal acts during the strike.
of jurisdiction by the President or Secretary of Labor and
Employment, or after certification or submission of the 349. Must the officer knowingly participate in an illegal strike?
dispute to compulsory or voluntary arbitration, or during the Yes. The liability for the illegal strike is individual, not collective.
pendency of a case involving the authorized grounds for the To warrant the termination of an officer of the labor organization
strike or lockout. on that basis, the employer must show that the officer knowingly
d. Obstructing, impending or interfering with by force, violence, participated in the illegal strike.
coercion, threats or intimidation any peaceful picketing by
employees during any labor controversy or in the exercise of 350. What if union forgot to submit a notice of strike, all else regular,
their right to self-organization or collective bargaining or may the union officer be dismissed? What about the members?
aiding or abetting such obstruction or interference. See Q348.
e. Employing any strike breaker or being employed as a strike-
breaker. 351. Sukhothai Case
f. No public official or employee, including officers and This Court has held that strikes staged in violation of agreements
personnel of the Armed Forces of the Philippines, of the providing for arbitration are illegal, since these agreements must
Philippine National Police, or any armed person shall bring be strictly adhered to and respected if their ends are to be achieved.
in, introduce or escort, in any manner, any individual who
seeks to replace strikers in entering or leaving the premises of In case of alleged union busting, the three remaining requirements
a strike area, or work in place of strikers. notice, strike vote, and seven-day report period cannot be
dispensed with.
Nothing herein shall be interpreted to prevent the
aforementioned officials, employees or peace officers from Well-settled is the rule that even if the strike were to be declared
taking any measure necessary to maintain peace and order valid because its objective or purpose is lawful, the strike may still
and/or to protect life and property. be declared invalid where the means employed are illegal.

g. Stationary picket and the use of means like placing of objects 352. Diamond Hotel Case
to constitute permanent blockade or to effectively close points Only the labor organization designated or selected by the majority
of entry or exit in company premises. of the employees in an appropriate collective bargaining unit is the
h. Any act of violence, coercion or intimidation by any picketer. exclusive representative of the employees in such unit for the
i. The obstruction of the free ingress to or egress from the purpose of collective bargaining.
employer’s premises for lawful purposes.
j. Obstruction of public thoroughfares while engaged in 353. Ramirez Case
picketing. A strike, as the most preeminent economic weapon of the workers
to force management to agree to an equitable sharing of the joint
346. Who is a strike breaker? product of labor and capital, exert some disquieting effects not only
Any person who obstructs, impedes or interferes by force, on the relationship between labor and management, but also on the
violence, coercion, threats or intimidation with any peaceful general peace and progress of society and economic well-being of
picketing by employees during any labor controversy affecting the State. This weapon is so critical that the law imposes the
wages, hour or conditions of work or in the exercise of the right to supreme penalty of dismissal on union officers who irresponsibly
self organization or collective bargaining. participate in an illegal strike and union members who commit
unlawful acts during a strike.
347. What if the union complied with all of the requirements of a valid
strike, but one employee attempted to stab the employer, is the 354. Who is a scab?
strike illegal? A scab is an employee who refuses to join a strike or a union
Yes. A strike or lockout may be declared illegal if any of the member who refuse to strike or who returns to work before a strike
requirements for a valid strike or lockout is not complied with. is ended or settled.

It may also be declared illegal if it is based on non-strikeable issues 355. What if union did not commit any illegal acts but ordered half of
or if the issues involved are already the subject of arbitration. the members to picket in front of DOLE (no obstruction of
ingress/egress)?
Obstruction of public thoroughfares while engaged in picketing is
a prohibited act.
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taken place at the time of assumption, all striking or locked out


356. What if union has a truck w/ speakers does that invalidate a employees and other employees subject of the notice of strike shall
strike? immediately return to work (RTW) and the employer shall
357. Can the NLRC issue an injunction? immediately resume operations and readmit all employees under
Yes. No court or entity shall enjoin any picketing, strike or lockout, the same terms and conditions prevailing before the strike or
except: lockout.
a. To enjoin or restrain any actual or threatened commission of
any or all prohibited or unlawful acts or to require the 364. What is the effect if the employee defies the return to work order?
performance of a particular act in any labor dispute which, if In case of non-compliance with the return-to-work order in
not restrained or performed forthwith, may cause grave or connection with the certification or assumption of jurisdiction by
irreparable damage to any party or render ineffectual any the Secretary of Labor, the employees concerned may be subjected
decision in favor of such party; and to immediate disciplinary action, including dismissal or loss of
b. When, in the opinion of Secretary of Labor and Employment, employment status or payment by the locking-out employer of
there exists a labor dispute causing or likely to cause a strike backwages, damages and other affirmative relief even criminal
or lockout in an industry indispensable to the national prosecution against either or both of them.
interest, the Secretary of Labor and Employment may assume
jurisdiction over the dispute and decide it or certify the same The Secretary of Labor may cite the defiant party in contempt
to the Commission for compulsory arbitration. pursuant to the power vested in him under the provisions of the
Labor Code.
The Commission shall have the power to issue temporary
restraining orders in such cases but only after due notice and 365. What if the employer defies RTW order?
hearing and in accordance with its rules. The reception of evidence See Q364
for the application of a writ of injunction may be delegated by the
Commission to any Labor Arbiter who shall submit his 366. What are trade union activities?
recommendations to the Commission for its consideration and Trade union activities shall mean:
resolution. a. organization, formation and administration of labor
organization;
358. When can the Secretary of Labor assume jurisdiction? b. negotiation and administration of collective bargaining
When in his opinion, there exists a labor dispute causing or likely agreements;
to cause a strike or lockout in an industry indispensable to the c. all forms of concerted union action;
national interest, the Secretary of Labor and Employment may d. organizing, managing, or assisting union conventions,
assume jurisdiction over the dispute and decide it or certify the meetings, rallies, referenda, teach-ins, seminars, conferences
same to the Commission for compulsory arbitration. and institutes;
e. any form of participation or involvement in representation
359. Is it required that there is a strike? proceedings, representation elections, consent elections,
No. A labor dispute may be assumed by the Secretary or certified union elections; and
to the NLRC even before the actual staging of a strike or a lockout/ f. other activities or actions analogous to the foregoing.
What is required by the Labor Code is the existence of a labor
dispute involving national interest. 367. Discuss the visitorial powers
Article 128 Article 289
360. Is it automatic assumption? Pertains to administrative Speaks of enforcement of law
No. enforcement of Labor Code or regulation relating only to
provisions, all labor laws, financial activities and
361. What does he need to do in order to assume jurisdiction over the wage orders or employer records of labor
case? establishments organizations
SOLE may assume jurisdiction over the dispute provided that any Inspection may be done Requires a sworn complaint,
of the following conditions is present: through the DOLE’s initiative filed and supported by at
a. Both parties have requested the SOLE to assume jurisdiction least 20% of the
over the labor dispute; or organizations’ membership
b. After a conference called by the office of the SOLE on the
propriety of its issuance, motu proprio or upon a request or Note: In Art. 244, 30% is
petition by either parties to the labor dispute. required to support violation
of member’s rights.
362. While walking home he saw a strike in an industry indispensable
to national interest, can he assume jurisdiction? 368. What is tripartism?
Atty G: in the old rule, yes. The New Rule requires notice and Tripartism is the representation of the three sectors: the public or
hearing before assumption. Although may be done motu proprio, the government, the employers, and the workers in policy-making
there is still a need to call on the parties to show cause why there bodies of the government.
would be no need to certify the case.

363. Effect of assumption order


Such assumption shall have the effect of automatically enjoining
an impending strike or lockout. If a strike/lockout has already
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Lecture: 371. What is the twofold due process requirement?


Industries indispensable as enumerated in D.O. 40-H-13 is not exclusive. a. Substantive – based on just or authorized cause
Any recommendation from the NTIPC may considered as an industry b. Procedural – notice and hearing
indispensable to public interest.
372. Two notice rule?
Assumption → SOLE acquires jurisdiction over the dispute The requirement of two written notices served on the employee
Certification → NLRC will assume jurisdiction over the dispute shall observe the following:
*when SOLE issues Assumption/ certification order, this includes a. The first written notice should contain:
already an RTW i. The specific causes or grounds for termination, and
*there is no need for SOLE to issue separate RTW company policies, if any;
ii. Detailed narration of the facts and circumstances that
Even if the union does not agree with the assumption/ certification the will serve as basis for the charge against the employee.
SOLE may still assume. MR is allowed for such order, but even pending A general description of the charge will not suffice; and
MR parties still need to comply with the assumption order. Otherwise, iii. A directive that the employee is given opportunity to
they will be held liable for defiance. submit a written explanation within a reasonable period.

RTW by Assumption order → does not allow instead a payroll “Reasonable Opportunity” means every kind of
reinstatement, only actual reinstatement. assistance that management must accord to the
Except: Teachers employed in the middle of semester (UST v. employees to enable them to prepare adequately for
NLRC; UIC v. Hon. SOLE) their defense. This should be construed as a period of at
least 5 calendar days from receipt of the notice to give
Certification/Assumption order will be served at any time of the day by the employees an opportunity to study the accusation
the sheriff. It is not necessary that it be personally received by a member against them, consult a union official or lawyer, gather
of the union. Order may be posted near the place of the strike. Two posts data and evidence, and decide on the defenses they will
sufficient. raise against the complaint.

Art. 289 – Three types of visitorial powers of SOLE: b. After serving the first notice, the employer should afford the
1. Inquire on the recruitment activities employee ample opportunity to be heard and to defend
2. Art. 128, to determine whether or not the employer has himself. A formal hearing or conference becomes mandatory
complied with labor standards benefits only when requested by the employee in writing or
3. Art. 288, to examine financial activities substantial evidentiary disputes exist or a company rule or
practice requires it.
369. What is Art. 292(b)
Subject to the constitutional right of workers to security of tenure “Ample opportunity to be heard” means any meaningful
and their right to be protected against dismissal except for a just opportunity given to the employee to answer the charges
and authorized cause and without prejudice to the requirement of against him and submit evidence in support of his defense,
notice under Article 283 of this Code, the employer shall furnish whether in a hearing, conference, or some other fair, just and
the worker whose employment is sought to be terminated a written reasonable way.
notice containing a statement of the causes for termination and
shall afford the latter ample opportunity to be heard and to defend c. After determining the termination of employment is justified,
himself with the assistance of his representative if he so desires in the employer shall serve the employee a written notice of
accordance with company rules and regulations promulgated termination indicating that:
pursuant to guidelines set by the Department of Labor and i. a. All circumstances involving the charge against the
Employment. Any decision taken by the employer shall be without employee have been considered; and
prejudice to the right of the worker to contest the validity or ii. b. The grounds have been established to justify the
legality of his dismissal by filing a complaint with the regional severance of their employment.
branch of the National Labor Relations Commission. The burden
of proving that the termination was for a valid or authorized cause The twin requirements of notice and hearing constitute the
shall rest on the employer. The Secretary of the Department of essential elements of due process. Due process of law simply
Labor and Employment may suspend the effects of the termination means giving opportunity to be heard before judgment is
pending resolution of the dispute in the event of a prima facie rendered. There is no violation of due process even if no
finding by the appropriate official of the Department of Labor and hearing was conducted, where the party was given a chance
Employment before whom such dispute is pending that the to explain his side of the controversy
termination may cause a serious labor dispute or is in
implementation of a mass lay-off. 373. Art. 292(b) notice
Employer shall furnish the worker whose employment is sought to
370. What is security of tenure? be terminated a written notice containing a statement of the causes
It is the constitutional right granted the employee, that the for termination and shall afford the latter ample opportunity to be
employer shall not terminate the services of an employee except heard and to defend himself with the assistance of his
for just cause or when authorized by law. It extends to regular as representative if he so desires in accordance with company rules
well as non-regular employment. and regulations promulgated pursuant to guidelines set by the
Department of Labor and Employment.

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374. Perez Case 376. Art. 294?


The following are the guiding principles in connection with the In cases of regular employment, the employer shall not terminate
hearing requirement in dismissal cases: the services of an employee except for a just cause or when
a. "Ample opportunity to be heard" means any meaningful authorized by law. An employee who is unjustly dismissed from
opportunity (verbal or written) given to the employee to work shall be entitled to reinstatement without loss of seniority
answer the charges against him and submit evidence in rights and other privileges and to his full backwages, inclusive of
support of his defense, whether in a hearing, conference or allowances, and to his other benefits or their monetary equivalent
some other fair, just and reasonable way. computed from the time his compensation was withheld from him
b. A formal hearing or conference becomes mandatory only up to the time of his actual reinstatement.
when requested by the employee in writing or substantial
evidentiary disputes exist or a company rule or practice 377. How do you apply Art. 294 to OFW terminated in their
requires it, or when similar circumstances justify it. employment?
c. The "ample opportunity to be heard" standard in the Labor Seafarers are considered contractual employees. Their
Code prevails over the "hearing or conference" requirement employment is governed by the contracts they sign every time they
in the implementing rules and regulations. are rehired, and their employment is terminated when the contract
expires
375. When can they require an actual hearing?
A formal hearing or conference becomes mandatory only when: Hence, they are not entitled to full backwages and separation pay
a. Requested by the employee in writing; in lieu of reinstatement as provided in Art. 294 of the Labor Code.
b. Substantial evidentiary disputes exist;
c. A company rule or practice requires it; or 378. Is illegally dismissed OFW entitled to backwages, reinstatement,
d. When similar circumstances justify it. etc?
They are entitled to:
Lecture: a. Full reimbursement of placement fee and the deductions
The twofold due process requires that the termination of the employee made with interest at 12% per annum; and
must be based on substantive (just or authorized cause) and procedural b. Salaries for the unexpired portion of the employment
(notice and hearing) aspect. contract.

Two notice rule applies only to termination by just causes, since there is 379. Gallant v. Serrano
fault by the employee. To give the employee ample opportunity to be The violation by the employer of the notice requirement in
heard. termination for just or authorized causes was not a denial of due
process that will nullify the termination. However, the dismissal is
First notice must have a detailed narration of facts + circumstances for ineffectual and the employer must pay full backwages from the
the basis of the charge. There must be a directive that the employee time of termination until it is judicially declared that the dismissal
submit his answer within 5 days. See King transport v. Mamac case. was for a just or authorized cause.

Perez case: no need for actual hearing. It is sufficient that he had 380. What is reinstatement?
opportunity to be heard Reinstatement is the restoration of the employee to the state from
which he has been unjustly removed or separated without loss of
The second notice is what informs the employee that the company has seniority rights and other privileges
examined his explanation and find it unacceptable or satisfactory.
381. Is backwages the same as that given to remaining of OFW contract
In the second notice, it must contain the same ground as the charge in when terminated?
the first notice. It must be same charge as the cause for dismissal. 382. How do you compute backwages?
Designation of offense is controlling (unlike in civpro) It is computed from the time of the illegal dismissal up to time of
actual reinstatement. If reinstatement is no longer possible, it is
For termination by authorized causes, there is also a two notice rule: computed until finality of the decision
a. First notice given to the employee 30 days from the effectivity
of his termination 383. Under 294, what kind of reinstatement?
b. Second notice given to the DOLE within the same period Actual reinstatement

If there is just cause but no due process, it will not render the dismissal 384. Instances where reinstatement is no longer feasible
invalid; but the employer is liable for nominal damages. a. Reinstatement cannot be effected in view of the long passage
of time or because of the realities of the situation;
30k & 50K value in JAKA and AGABON not fixed. Circumstances of the b. That it would be inimical to the employer’s interest;
employee must still be considered in determining the amount. c. Reinstatement may no longer be feasible;
*apply the parameters in the Sangwoo Case d. It will not serve the best interest of the parties involved;
e. Company will be prejudiced by the reinstatement;
If there is no just/authorized cause, but with due process, dismissal f. It will not serve a prudent purpose;
illegal. g. That there is a resultant strained relations;
h. When the former position of the illegally dismissed employee
no longer exists;
i. When employer’s business has closed down;
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j. Business recession; 393. How do you compute separation pay?


k. Attainment of retirement age; From 2019 Statutory Monetary Benefits
l. Injury or disability of the employee; a. An employee is entitled to receive a separation pay equivalent
m. Dissolution of the company; to one half (1/2) month pay for every year of service, a fraction
n. Merger of companies; of at least six (6) months being considered as one (1) whole
o. Sale of the company; year, if his/her separation from the service is due to any of the
p. Insolvency of the company; following authorized causes:
q. Abolition of the position; or
i. Retrenchment to prevent losses (i.e., reduction of
r. Difficulty in enforcing the employee’s reinstatement.
personnel effected by management to prevent
losses);
385. What is the doctrine of strained relations?
Under the circumstances where the employment relationship has ii. Closure or cessation of operation of an
become so strained to preclude a harmonious working establishment not due to serious losses or financial
relationship, and that all hopes of reconciliation are nil after reverses;
reinstatement, it would be more beneficial to accord the employee iii. When the employee is suffering from a disease not
backwages and separation pay. curable within a period of six (6) months and
his/her continued employment is prejudicial to
386. Can it be applied to all employees? his/her health or to the health of his/her co
No. employees;
iv. Lack of service assignment of security guard for a
387. What are the requisites? continuous period of six (6) months months; and
a. The employee concerned occupies a position where he enjoys
the trust and confidence of his employer; and In no case will an employee get less than one (1) month
b. If reinstated, an atmosphere of antipathy and antagonism separation pay if the separation is due to the above stated
may be generated as to adversely affect the efficiency and causes
productivity of the employee concerned.
b. An employee is entitled to separation pay equivalent to
388. Security guard related to Art. 297(c), applicable? his/her one month pay for every year of service, a fraction of
Must occupy a position where he enjoys the trust and confidence at least six (6) months being considered as one whole year, if
of his employer.
his/her separation from service is due to any of the following:
i. Installation by employer of labor saving devices;
Two classes of positions of trust:
ii. Redundancy, as when the position of the employee
a. Managerial employees; and
has been found to be excessive or unnecessary in
b. Those who in the normal and routine exercise of their
functions, regularly handle significant amounts of money or the operation of the enterprise;
property. iii. Impossible reinstatement of the employee to his or
her former position or to a substantially equivalent
389. Who is a confidential employee under par. C? position for reasons not attributable to the fault of
Confidential employees are those who by reason of their positions the employer, as when the reinstatement ordered
or nature of work are required to assist or act in a fiduciary manner by a competent authority cannot be implemented
to managerial employees and hence, are likewise privy to sensitive due to closure or cessation of operations of the
and highly confidential records. establishment/employer, or the position to which
he or she is to be reinstated no longer exists and
390. Backwages, what is included: Transportation allowance;
there is no substantially equivalent position in the
Representation allowance; Educational assistance; Rice subsidy;
establishment to which he or she can be assigned;
Funeral Benefit; Overtime?
and
Atty G: Transportation allowance, representation allowance,
educational assistance, rice subsidy – included. iv. Lack of service assignment of security guard by
reason of age.
Funeral benefit and OT not included. For OT employee has to
prove overtime work. See provisions of CBA. 394. Is it regardless the ground of dismissal?
No. An employee’s entitlement to separation pay depends on the
391. When dismissed the basic pay was Php 481, upon judgment it was reason or ground for the termination of his or her services. An
Php 502, which shall be used? employee may be terminated for just cause (i.e., gross and habitual
Backwages is computed from the time of the illegal dismissal up to neglect of duty, fraud, or commission of a crime), and other similar
the time of the actual reinstatement. If reinstatement is no longer causes a s enumerated under Article 297 (formerly Article 282) of
possible, it is computed until finality of the decision. the Labor Code and, generally, may not be entitled to separation
pay. On the other hand, where the termination is for authorized
392. What is separation pay? causes, separation pay is due.
The amount that an employee receives at the time of his severance
from employment 395. What if illegally dismissed, cannot be reinstated because former
employee is suffering from a disease?
½ month pay, see above.
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396. Mr. X had worked for 15 years when he was dismissed. The court 403. Who is a regular employee?
took 5 years to decide that he was illegally dismissed. How much Those who have been engaged to perform activities which are
is the SP? usually necessary or desirable in the usual business or trade of the
Period covered for separation pay is from the start of employment employer.
up to the date of finality of decision.
404. Casual employee?
397. Mr. X dismissed because he was caught stealing. He was in service Those who, as a general rule, perform activities not usually
for 16 years. LA ruled that he was validly terminated from necessary or desirable in the employer’s usual business or trade
employment but was awarded separation pay. Is the LA correct? and are neither regular, project, nor seasonal employees.

398. Bristol v. Baban 405. Fixed-term employee?


The first requisite for dismissal on the ground of loss of trust and Those whose employment contract specifies that the same will last
confidence is that the employee concerned must be one holding a only for a definite period.
position of trust and confidence. The second requisite is that there
must be an act that would justify the loss of trust and confidence. 406. Project employee?
Those whose employment has been fixed for a specific project or
The basis for the dismissal must be clearly and convincingly
undertaking, the completion or termination of which has been
established but proof beyond reasonable doubt is not necessary.
determined at the time of the engagement of the employee.
399. Toyota Case
Separation should not be awarded to the Union members who 407. Seasonal employee?
participated in the illegal strikes. When just causes for terminating Those who work or perform services which are seasonal in nature,
the services of an employee under Art. 282 of the Labor Code and the employment is for the duration of the season.
exist, the employee is not entitled to separation pay.
408. What are the distinctions between regular and casual employees?
Except when the court finds justification in applying the principle a. What are the benefits?
of social justice well entrenched in the 1987 Constitution (the cause Those benefits which require at least one year service for
of the dismissal is other than serious misconduct or that which entitlement are not available for casual employees, since the
reflects adversely on the employees’ moral character). status of regular employment attaches upon rendering of
service for at least one year.
400. May separation pay be paid in lieu of backwages?
401. Mr. X was terminated at 58 years old. When dispute was resolved 409. Are casual employees entitled to OT, SIP?
he was already 65, is he entitled to reinstatement? OT yes. SIP no (required 1 year service).
One of the instances where separation pay in lieu of reinstatement
410. Can they be terminated at any time?
is awarded is the attainment of retirement age.
When a casual employee is dismissed from their employment
a. Computation of backwages, when will it stop? before the expiration of the 1 year period to become regular, he
Atty G: Backwages will stop at 65 cannot lawfully claim that his dismissal was illegal. See GR 90653

If reinstatement is no longer possible, it is backwages 411. Are they entitled to due process?
computed until finality of the decision. 412. Mr. X, hired a gardener for 3 mos., after the lapse of 3 mos. is he a
fixed-term employee? Or causal?
402. Art. 295 413. What are the requirement for a valid project employment?
The provisions of written agreement to the contrary a. Specific project phase thereof stated in the employment
notwithstanding and regardless of the oral agreement of the contract;
parties, an employment shall be deemed to be regular where the b. Estimated date of completion of project or phase thereof
employee has been engaged to perform activities which are usually likewise stated in the contract;
necessary or desirable in the usual business or trade of the c. Employee must have been dismissed every after completion
employer, except where the employment has been fixed for a of his project or phase (gaps must be shown in his length of
specific project or undertaking the completion or termination of service); and
which has been determined at the time of the engagement of the d. There must be a report to the DOLE of his dismissal on
employee or where the work or service to be performed is seasonal account of completion of contract.
in nature and the employment is for the duration of the season.
414. Mr. X is a gardener who was called every day for the past year.
An employment shall be deemed to be casual if it is not covered by Will it ripen into a regular employment?
the preceding paragraph: Provided, That any employee who has 415. Do you distinguish the kind of employer?
rendered at least one year of service, whether such service is 416. Contracted services without telling Mr. X for 1 year, is he a regular
continuous or broken, shall be considered a regular employee with employee?
respect to the activity in which he is employed and his employment When a casual employee has rendered at least 1 year of service,
shall continue while such activity exists. whether such service is continuous or broken, with respect to the
activity in which he is employed, he shall be considered a regular
employee.

417. Is it a requirement to furnish DOLE an employment contract?


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418. Project has already been terminated is notice required for 424. Can there be a regular seasonal employment? How many seasons
termination? to be considered regular?
There must be a report to the DOLE of his dismissal on account of a. When there is reasonable connection between the particular
completion of contract. activity performed by the employee in relation to the usual
trade or business of the employer; and
419. DM Consunji v. Gobres b. When seasonal workers are repeatedly engaged to perform
In cases of project employment or employment covered by the same tasks for more than 1 season.
legitimate contracting or sub-contracting arrangements, no
employee shall be dismissed prior to the completion of the project 425. Who is a probationary employee?
or phase thereof for which the employee was engaged, or prior to Those whose employment does not exceed six (6) months from the
the expiration of the contract between the principal and contractor, date the employee started working, unless it is covered by an
unless the dismissal is for just or authorized cause subject to the apprenticeship agreement stipulating a longer period.
requirements of due process or prior notice, or is brought about by
the completion of the phase of the project or contract for which the 426. Nature of probationary employment
employee was engaged. 427. Mr. X is a probationary employee terminated for failing to meet
the standards set forth in the contract in his third month of
420. DM Consunji v. Jamin employment. Aggrieved, he filed a complaint for illegal dismissal.
Length of time is not the controlling test for project employment. It took the LA five months from dismissal to decide that Mr. X was
Nevertheless, it is vital in determining if the employee was hired illegally dismissed. Is the probationary employee entitled to
for a specific undertaking or tasked to perform functions vital, reinstatement?
necessary and indispensable to the usual business or trade of the Atty G: Reinstatement is no longer feasible, because when you
employer. Here, [private] respondent had been a project employee reinstate him back, he will become a regular employee
several times over. His employment ceased to be coterminous with 428. Is he entitled to backwages?
specific projects when he was repeatedly re-hired due to the Atty G: Yes, but only up to 6 months, which is the period of
demands of petitioner’s business. probation. This is one of the instances where limited backwages is
awarded by the court.
421. William Uy Construction v. Trinidad
Construction workers – generally, length of service provides a fair 429. What are management prerogatives?
yardstick for determining when an employee initially hired on a An employer is free to regulate, according to his own discretion
temporary basis becomes a permanent one, entitled to the security and judgment, all aspects of employment, including hiring, work
and benefits of regularization. But this standard will not be fair, if assignments, working methods, the time, place and manner of
applied to the construction industry, simply because construction work, work supervision, transfer of employees, lay-off of workers,
firms cannot guarantee work and funding for its payrolls beyond and discipline, dismissal, and recall of employees.
the life of each project. And getting projects is not a matter of
course. Construction companies have no control over the decisions 430. What do you mean by right to transfer?
and resources of project proponents or owners. There is no It is a management prerogative to transfer or assign employees
construction company that does not wish it has such control but from one office or area of operation to another, provided there is
the reality, understood by construction workers, is that work no demotion in rank or diminution of salary, benefits, and other
depended on decisions and developments over which construction privileges, and the action is not motivated by discrimination, made
companies have no say. in bad faith, or effected as a form of punishment or demotion
without sufficient cause.
422. What are the requirements for a valid fixed term employment?
Brent School v. Zamora 431. Requirements for a valid transfer?
a. The fixed period of employment was Knowingly and Must not amount to constructive dismissal.
Voluntarily agreed upon by the parties without any force,
duress, or improper pressure being brought to bear upon the The following three (3) conditions must concur in order for the
employee and absent any other circumstances vitiating his transfer to be considered as constructive dismissal:
consent; or a. When the transfer is unreasonable, inconvenient or
b. It satisfactorily appears that the employer and the employee prejudicial to the employee;
dealt with each other on more or less Equal terms with No b. When the transfer involves a demotion in rank or diminution
moral dominance exercised by the former or the latter. of salaries, benefits and other privileges; and
c. When the employer performs a clear act of discrimination,
423. URC v. Acibo insensibility, or disdain towards the employee, which
The nature of the employment does not depend solely on the will forecloses any choice by the latter except to forego his
or the word of the employer or on the procedure for hiring and the continued employment
manner of designating the employee. Rather, the nature of the
employment depends on the nature of the activities to be 432. Mr. X is a bank employee, B Co. has a program where they
performed by the employee, considering the nature of the regularly transfer employees. Mr. X refused on the ground that he
employer’s business, the duration and scope to be done, and, in does not want to be separated from company and has already been
some cases, even the length of time of the performance and its in the position for 3 years. Is there willfull disobedience?
continued existence.

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433. Mr. C is offered a promotion with transfer to Mindanao, can he 441. Mr. X loves to take personal property of workers, can he be validly
refuse promotion? terminated?
Atty G: No because there is a company policy. Mere inconvenience Atty G: Fraud should be committed to the employer, not his co-
is not a valid ground for the employee to refuse lawful transfer. workers. However, may be validly terminated under analogous
Provided that the employee has been informed that such (transfer) causes.
policy exists.
442. Requisites of willfull disobedience?
434. Grounds for preventive suspension a. There must be disobedience or insubordination;
a. The evidence of guilt is strong, and the employer or head of b. The disobedience or insubordination must be willful or
establishment is convinced that the continued stay of the employee intentional characterized by a wrongful and perverse
during the period of investigation constitutes a distraction to the attitude;
normal operations of the company; and c. The order violated must be reasonable, lawful, and made
b. His continued employment poses a serious and imminent threat to known to the employee; and
life or property of the employer or his co-workers. d. The order must pertain to the duties which he has been
engaged to discharge.
435. Mr. X is an accountant. When an external auditor found that Mr.
X has been mishandling funds, he was meted with preventive 443. The company policy prohibits workers from dancing during work
suspension. During the 30-day suspension, found another offense. hours. Mr. X danced. Can he be dismissed under willfull
He was again suspended. Is this allowed? disobedience?
436. Art. 297 One of the requisites of Willful Disobedience or Insubordination is:
An employer may terminate an employment for any of the The order violated must be reasonable, lawful, and made known
following causes: to the employee.
a. Serious misconduct or willful disobedience by the employee
of the lawful orders of his employer or representative in 444. Leus v. St. Scho
connection with his work; The pregnancy out of wedlock of an employee, employed in an
b. Gross and habitual neglect by the employee of his duties; educational institution, is not a disgraceful or immoral conduct
c. Fraud or willful breach by the employee of the trust reposed when she and the father of her child have no impediment to marry
in him by his employer or duly authorized representative; each other
d. Commission of a crime or offense by the employee against the
person of his employer or any immediate member of his The determination of whether a conduct is disgraceful or immoral
family or his duly authorized representatives; and involves a two-step process:
e. Other causes analogous to the foregoing. a. A consideration of the totality of the circumstances
surrounding the conduct; and
437. What is serious misconduct? b. An assessment of the said circumstances vis-à-vis the
Misconduct is the transgression of some established and definite prevailing norms of conduct, i.e., what the society generally
rule of action, a forbidden act, a dereliction of duty, willful in considers moral and respectable.
character, and implies wrongful intent and not mere error in
judgment. When the law speaks of immoral or, necessarily, disgraceful
conduct, it pertains to public and secular morality and not
438. Mr. X spread rumors against the owners of the company. Can Mr. religious; it refers to those conducts which are proscribed because
X be dismissed? they are detrimental to conditions upon which depend the
Serious misconduct. existence and progress of human society.

439. Is it a requirement that company policy includes the grounds of 445. Ms. X is an employee of San Beda. She got pregnant out of wedlock.
analogous causes? Fr. Rector got scandalized and terminated Ms. X. is the
Yes. Requisites are: termination valid?
a. There must be act or omission similar to those specified just No. See Leus.
causes; and
b. The act or omission must be voluntary and/or willful on the 446. Branch manager in 7/11 does not have a copy of key for the cash
part of the employees. register. Upon audit, it was found that there is a deficit of P500.
c. BM did not participate in the taking of the money. May he be
440. Mr. X spread rumors, had a personal encounter with employer and terminated?
insulted him, is that a valid ground for dismissal? Atty G: Yes. Since the company lost P500, and it was under the
Sterling v. KMM Katipunan case - The utterance of obscene, BM’s watch, then the company can now terminate his services
insulting or offensive words against a superior is not only based on trust and confidence.
destructive of the morale of his co-employees and a violation of the
company rules and regulations, but also constitutes gross 447. How about the cashier?
misconduct. Atty G: Although the cashier has a copy of the key for the cash
register, it must still be proved that he has possession of the P500.
a. Even if no other employer heard the same? Serious misconduct.

In labor laws, only substantial evidence is required. Even if there


is no direct evidence.
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448. Mr. X, a security guard, fell asleep. Robbers were able to steal 5
million. Can he be dismissed on the ground of gross and habitual
conduct?
Atty G: If the damage is gross, may be terminated since the
company has suffered a major loss. Habituality may be dispensed
with if damage is gross.

449. Elements of commission of a crime or offense?


a. There must be an act or omission punishable/prohibited by
law; and
b. The act or omission was committed by the employee against
the person of employer, any immediate member of his/her
family, or his/her duly authorized representative.

450. Employee stab the uncle of his employer, under this ground?
451. Up to what degree?
452. Art. 298?
The employer may also terminate the employment of any
employee due to the installation of labor-saving devices,
redundancy, retrenchment to prevent losses or the closing or
cessation of operation of the establishment or undertaking unless
the closing is for the purpose of circumventing the provisions of
this Title, by serving a written notice on the workers and the
Ministry of Labor and Employment at least one (1) month before
the intended date thereof. In case of termination due to the
installation of labor-saving devices or redundancy, the worker
affected thereby shall be entitled to a separation pay equivalent to
at least his one (1) month pay or to at least one (1) month pay for
every year of service, whichever is higher. In case of retrenchment
to prevent losses and in cases of closures or cessation of operations
of establishment or undertaking not due to serious business losses
or financial reverses, the separation pay shall be equivalent to one
(1) month pay or at least one-half (1/2) month pay for every year of
service, whichever is higher. A fraction of at least six (6) months
shall be considered one (1) whole year.

pg. 79